April 2011 Archives

April 29, 2011

Attorney General Luther Strange Enforces Alabama's Price Gouging Law

Alabama Attorney General Luther Strange has declared Alabama's price gouging law is currently in effect statewide do to Gov. Robert Bentley's state of emergency declaration. Alabama currently prohibits the unreasonable pricing of items for sale or rent. The person or persons responsible for price gouging are subject to a $1000 fine and will potentially forfeit their business license in the state.

Stories are now being told of people trying to purchase chainsaws in Alabama at typical retail outlets such as Lowes, Walmart, and Home Depot. Chainsaws-though sold out at most retailers across central and northern Alabama- normally retail for around $125 brand new. One pawn shop in particular is trying to sell a used chainsaw that would normally retail for $125 for $900!

Any stores of price gouging are asked to be reported to local authorities so criminal actions can take place.

April 28, 2011

Alabama Tornadoes Kill 194- Death Toll Rising

The death toll in Alabama has now risen to 194. There have been 290 confirmed deaths across the six states that these deadly tornadoes ripped through. Tuscaloosa being one of the hardest hit cities has left thousands homeless and others devastated from the loss of loved ones. It is now being reported that there were 164 tornadoes from Mississippi to New York, the worst tornado outbreak since 1974.

April 28, 2011

Deadly Tornados Rip Through Alabama

In the aftermath of total destruction, Alabamians all over the state mourn the loss of loved ones and those affected from the tornados.


Tornadoes ripped through areas all over Alabama
Wednesday night leaving cities like Tuscaloosa, Cullman, Pratt City, Jasper, Hueytown, and many more completely demolished. With a death toll of 131 and climbing, Governor Robert Bentley has declared Alabama in state of emergency,

Over 2,000 National Guard have been activated to help with search and rescue efforts all over the state. Tuscaloosa, Alabama a city of 83,000 and home to the infamous University of Alabama was one of the hardest hit. Reports indicate that an F5 tornado one mile wide tore through McFarland Avenue destroying and demolishing everything in it path. There were 15 confirmed deaths in Tuscaloosa and over 100 injuries. As search and rescue efforts continue those numbers are likely to increase.

Pratt City, Pleasant Grove and Hueytown, all suburbs of Birmingham, were devastated by the tornados. According to reports, they are comparing Wednesday night's tornado to the storms of 1974 that ripped through Alabama killing some 300 people.

Gov. Bentley was quoted with, "We had a major catastrophic event here in Alabama with the outbreak of numerous tornadoes. We do have major destruction in the state especially in north Alabama."

There are over 249 confirmed deaths across Alabama, Mississippi, Georgia, Tennessee, Georgia and Virginia. It is estimated that somewhere between 500,000 to 1 million people in Alabama are left without power and numerous injuries.

In the next few weeks and months, the great state of Alabama will begin to rebuild and repair what was lost and destroyed from this horrific storm. Our deepest condolences and sympathy go out to those who have lost loved ones and lost everything.

April 26, 2011

Child Accident Prompts Family to File Wrongful Death Suit

The family of 3-year-old Jayson Dansby has filed a wrongful death lawsuit against Go Bananas Amusement Park after their son fell off a ride on April 2, 2011. Jayson and his twin brother were riding the Python Pitt roller coaster, when Jayson somehow got underneath the safety restraint and fell to the floor.

Jayson's parents, Lisa and Jason Dansby, filed the child injury lawsuit on Wednesday in circuit court.

The wrongful death lawsuit alleges Go Bananas was negligent and failed to realize that the roller-coaster was a very dangerous ride. The personal injury attorney representing Jayson's parents stated that the parents actually saw Jayson standing up on the ride and began screaming for the operator to stop the ride. The operator then applied the emergency brakes; however, the ride failed to immediately stop.

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April 21, 2011

Child Daycare Hit with 2nd Lawsuit after Deadly Fire Kills Four

A Houston daycare has been hit with a second lawsuit after the facility caught fire and killed four children back in February.

April Jackson filed the child injury lawsuit against the daycare operator Jessica Tata, Tata's parents and brother, and the owner of the facility Ronal Velasco, after her 22-month-old was severely burned and now suffers permanent scarring. Jackson alleges that Tata was not fit to operate the child daycare facility and that Tata's parents and brother helped her maintain the facility knowing that she was not fit to operate it.

Tata fled the county and was arrested in Nigeria back in March. She faces multiple charges including: murder, child abandonment, negligence, and unlawful right to avoid prosecution. Tata is being held on a $1 million bond at the Harris County Jail.

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April 20, 2011

May the Fork Be With You...

Farris, Riley & Pitt Participates in 3rd Annual BBQ @ the Zoo.

IMG_0867.JPGThis past Saturday, the law firm of Farris, Riley & Pitt, known as the "Rib Wars", competed against 15 other BBQ teams from across Birmingham in the third annual Q @ the Zoo Competition. Q @ the Zoo is a BBQ competition located at the Birmingham Zoo that benefits Holy Family Cristo Rey, a college preparatory school for inner city kids with limited educational options.

Thumbnail image for Thumbnail image for IMG_0877.JPGHoly Family Cristo Rey is part of the Cristo Rey Network, which is comprised of 24 Catholic High Schools across the country that has a 100% success rate of enrolling high school students into college.

Thumbnail image for IMG_0890.JPGFarris, Riley and Pitt competed in all four meat categories: Chicken, Pork, Ribs and Beef. Our law firm placed 2nd in the Overall Competition and placed 3rd in both the Beef Category and the Spirit Competition.

April 18, 2011

College Student Killed In Trucking Accident

The parents of Kasey McKenzie, 23, have filed wrongful death lawsuit against Eric Brent Crutchfield, 27, who ran over and killed McKenzie with his 2003 Ford F-250 pick up truck. McKenzie was leaving a Dallas strip club on March 17th after having attended a party with friends at the Spearmint Rhino Gentlemen's Club.

The wrongful death lawsuit alleges that the bartenders at the strip club were negligent and served Crutchfield past the legal limit of intoxication and allowed him to get in his truck and drive home. According to a police officer on the scene, Crutchfield had a blood alcohol level of 0.18 at the time of the accident and was driving with a suspended license. Crutchfield claims he never even saw McKenzie. He ran over her with both the front and rear tires of his pick up truck. The personal injury attorney for the McKenzie Family also alleges that Crutchfield had a lift kit on his truck that prevented him from seeing McKenzie.

Crutchfield, a Dallas resident, was charged with intoxication manslaughter and released after a $100,000 bail bond.

McKenzie was pronounced dead at the scene of the accident.

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April 15, 2011

Asbestos Lawsuit Won Against Dow Chemical- Family Awarded $9 Million

8729365-small.jpgThe family of Robert Henderson, of Dallas, Texas, won a wrongful death lawsuit after Henderson died of cancer from asbestos exposure received while working at Dow Chemical.

Tanya Henderson, Robert Henderson's wife, and the couple's two girls, Adrienna and Za'Quioa, were awarded a jury verdict of $9 million on March 17th. The mesothelioma law firm representing the Henderson family claimed Henderson was repeatedly exposed to asbestos contained in Dow insulators. As a result of the continued asbestos exposure, Henderson died from Mesothelioma, a form of cancer that is directly linked to asbestos exposure. Henderson only worked for 10 months at Dow back in 1967 and then worked for Alcoa, and aluminum producer based out of Pittsburgh, for 29 years.

The mesothelioma lawyers representing the Henderson family alleged both companies were liable for his asbestos exposure. Out of the $9 million jury verdict, Dow is responsible for 30% of the award or $2.7 million and Alcoa is responsible for the remaining $6.3 million.

Attorneys for Dow Chemicals claimed they should only be responsible for 3% of the verdict because Henderson only worked there 10 months. However, his asbestos exposure was much greater at Dow and therefore Dow is required to pay a larger percentage of the verdict.

Dow Chemicals hopes to overturn the wrongful death verdict.

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April 11, 2011

Child Amusement Park Ride Turns Fatal

What was supposed to be fun filled family day turned deadly for one Midwestern family.

Three year old Jayson Dansby and his twin brother were riding a rollercoaster ride at Go Bananas Amusement Park in Norridge, Il when he slipped off of the ride and was tragically killed.

Jayson and his brother were riding the "Python Pitt" rollercoaster when Jayson slipped out from underneath the safety bar, became wedged between two cars, and fell 4 feet to the ground. According to the local police chief, Jayson crawled out from the safety bar and died from the head trauma that he endured from the accident.

Jayson was pronounced dead at the scene of the accident. The autopsy report indicated that Jayson died of multiple injuries. There is no height requirement to ride the Python Pit, however, there is a height requirement to enter the amusement park. It appears at this time that Jayson passed the height requirement.

State Inspectors issued certificates saying the Python Pit could not be used until further inspection. Go Bananas owner Jerold Mark temporarily closed his business until all rides were inspected and cleared.

Child related accidents are a horrible tragedy for anyone. Marks released a statement saying, "My heart goes out to the family. I can't imagine what they are going through."

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April 7, 2011

Family Receives $1 Million from Bus Accident

The family of 52-year-old Ceasar Solomon, who was hit and killed back in March 2008 by a Jacksonville Transportation Authority bus, will receive $1 million for his wrongful death.

Ceasar Solomon on Jacksonville, Florida was working on the back of a bucket truck repairing a city traffic light some two stories in the air back in March 2008 when a Jacksonville Transportation Authority bus stuck the vehicle and killed him. The bus accident occurred around 1:30 p.m. at the corner of Commonwealth and Melson Avenues Despite using flashing lights, the city engineering bucket truck was rear ended by the transit bus and sent Solomon some 20 feet into the air. Solomon was 52-years-old at the time of the accident.

The Jacksonville Transportation Authority has agreed to pay $1 million in compensation for his wrongful death to Solomon's widow, Ruby, and their two children. However, there is a catch. The Florida Legislature has to approve the amount. The state currently has a $200,000 statutory cap on damages. State Senator Tony Hill and Representative Charles McBurney have filled bills in the Florida Legislature allowing the Solomon family to collect and additional $850,000 for his untimely death.

The city engineering truck was surrounded by orange cones, a flagman, and was utilizing flashing hazard lights. According to the police report, the bus driver never slowed down. Gwendolyn Wells Mordecai was driving the city bus at a speed of 37 mph when she crashed and struck the bucket truck pushing it across three lanes of traffic.

Mordecai was cited for careless driving and fired after the fatal bus accident, however, she was not charged with vehicular homicide. Mordecai had seven prior bus accidents since 1991.

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April 1, 2011

Alabama Crash Kills Four High School Seniors

Last week a spring break trip turned deadly for four high school seniors in Alabama. The four students were traveling north bound on Interstate 65 near Clanton, Alabama when a southbound mini-van crossed the median and struck their vehicle.

The eighteen-year old boys: Riley Zimmerman, Matthew Roe, Evan Weaver and Alex Bauer all from Angola, Indiana were struck by Niall McNellis of Troy, Alabama. All passengers were wearing seat belts at the time of the accident, and as is standard procedure in these cases, toxicology reports are pending on all victims.

According to Alabama State Troopers, it is still unclear as to what caused the fatal accident. There was some speculation as to what weather conditions were like surrounding the two-car wreck. However, the Alabama accident report indicates that it was raining at the time of the accident. An eye witness account stated they didn't see any brake lights and didn't see any type of turn to avoid the 400-ft median.

A Tennessee woman was also injured in the tragic car wreck on I-65 after failing to stop her vehicle in time.

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