October 2011 Archives

October 28, 2011

6 Biggest Product Recalls

1. Drop-side cribs by Stork Craft (2009)

After four children suffocated to death, the Consumer Product Safety Commission recalled 2.1 million drop side cribs in 2009. Among the recalls were big names such as Pottery Barn Kids and Evenflo. More than 30 infants died between 2000 and 2010.

2. Thomas & Friends Wooden Railway Toys (2007)

Containing extremely high levels of lead paint, over 1.5 million Thomas & Friends Wooden Railway Toys were recalled in 2007.

3. Easy-Bank Ovens (2007)

For over 40 years, the Easy Bake Oven has been an iconic toy in households across America. However, in 2007 the Easy Bake Oven issued two separate recalls. The first million ovens recalled occurred after reports of children's fingers and hands were being caught in the oven doors. The CPSC issued their second recall of over one million Easy Bake Ovens after a 5-year old had her finger amputated from a serious burn.

4. Toyota and Lexus cars (2009 to 2010)

After numerous reports and deaths associated with run-away vehicles, Toyota issued a two million-vehicle recall. The recall was the largest recall in the company's history and one of the largest in the United States.

5. Window blinds (2009)

Since the 1980's, over 500 children have been strangled from blind cords. The roll-up blind was officially recalled in December of 2009. The high death figures make the window blinds one

6. Firestone tires (2000)

After nearly 50 deaths and over 300 tire failures, Bridgeston/Fireston recalled some 6.5 million tires in 2000.

October 27, 2011

Judge Affirms $90 Million Verdict in Nursing Home Abuse Lawsuit

A Circuit Judge affirmed a $90 million jury verdict to the son of a woman who died while staying at the Heartland of Charleston nursing home.

The Jury originally returned a $91.5 million verdict to Tom Douglas in August after his mother died while under the nursing home's care. Dorothy Douglas, 87, suffered from Alzheimers and was admitted to the nursing home temporarily until a bed opened up at another facility. Before arriving at the nursing home, Dorothy could walk, talk and appeared to be handling her condition quit well. However, within three weeks of staying at the Heartland Nursing Home, Dorothy was confined to a wheel chair and severely dehydrated. Dorothy died three hours after her transfer to another facility.

The Personal Injury Attorneys representing Tom Douglas alleged the nursing home was understaffed and the administration knew. Douglas filed the wrongful death claim on his mother's behalf in August of 2009.

Lawyers representing the nursing home argued the verdict should fall under the state's medical malpractice cap, which limits damages to $500,000. The jury found only 20% of the nursing home's negligence to be medical and subsequently the Circuit Judge ruled that only $1million of the award was subject to the cap.

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October 25, 2011

So your been involved in a Traffic Car Accident in Anniston...What do you do?

For most people this seems like a common question with a common answer. You call the police and get medical attention.

However, for many people it is so much more involved than this. Say for instance you are driving to work in Anniston along Interstate 20 when all of a sudden, you are rear-ended by a Birmingham truck and now you have just had a wreck. Luckily, you look down and you have to no broken bones from the car accident. You get out of your vehicle and notice that no one injured; however, your bumper is badly smashed and in need of repair.

#1 CALL THE POLICE.

Regardless of the injury, the police need to be notified if there has been an automobile accident. Often injuries, such as whiplash, do not appear until days after an accident in Alabama.

The Birmingham police need to take statements, from both the accident victim and the driver who caused the Alabama accident. Licenses, insurance information and witness statements will all be documented.

#2 NOTIFY YOUR INSURANCE PROVIDER

Notify your insurance provider that you were involved in an accident and whether your car is in need of repair or if you need a rental.

#3 GET MEDICAL ATTENTION.

Injuries such as whiplash normally do not appear until several days following an accident. Often car wreck victims do not realize they have whiplash until several days later. If you develop severe headaches, back or neck pain, chances are you have classic whiplash.

#4 HIRE AN ATTORNEY TO HANDLE YOUR ACCIDENT CLAIM.

It is no secret that sometimes the only recourse to dealing with an insurance company is to hire a lawyer; not just any attorney, but one that routinely handles automobile accidents. By purchasing automobile insurance, one assumes they are covered in the event of an accident. However, sadly that is not the case. Insurance companies continually deny valid claims making an accident claim a nightmare. Hiring a lawyer can not only expedite the process of your claim, but can help recover lost wages, cover medical bills and compensation for pain and suffering.

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October 21, 2011

Hayride Accident Turns Serious


What was supposed to be a fun autumn evening turned serious for Oak Grove residents.

On Saturday night, a hayride wagon carrying 13 family members (7 adults and 6 children) was hit after a drunk driver crashed into their wagon. The drunk driving accident sent all 13 family members to a nearby hospital and critically injured a 5-year-old girl and an 18-month-old boy.

According to Highway Patrol, the driver, 27 year-old Kaylon Childers has a history of drinking under the influence and was drunk at the time of the accident. State Troopers said Childers tried to leave the accident scene after the crash but was captured by local authorities. Arrested with charges as a chronic DUI offender, Childers rear-ended the tractor carrying the hayride patrons.

According to local reports, the driver should have seen the tractor. It was well lit and the tractor lights illuminated the wagon.

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October 19, 2011

Railroad Derailment Accident Settles for $22.5 Million

The husband of Zoila Tellez, 44, was awarded a $22.5 million settlement after a train derailment killed his wife and unborn grandchild.

Jose Tellez, 40, of Rockford was traveling with his wife and daughter when a Canadian National Company Train derailed in June 2009. The Tellez family was waiting for the 114 car train to pass through an intersection when the explosion occurred.

The train, containing 18 cars full of flammable ethanol, derailed right before the intersection. Creating a massive explosion, the derailment casued a "massive fire ball" to spin off that would consume the Tellez vehicle. Jose Tellez and his wife, Zoila, were engulfed in the flames and forced to evacuate their vehicle. Jose was severely burned from the explosion that killed his wife and unborn grandchild.

Jose and Zoila's pregnant daughter was traveling with them at the time of the accident. The daughter was 6 ½ months pregnant and awarded $13.75 million after losing her unborn child as a result of the accident.

The wrongful death lawsuit named three railroads: The Canadian National Railway Company, Central & Pacific Railroad Company and the Illinois Central Railroad Company. Alleging negligence, the injury attorneys claimed the company failed to maintain and inspect their tracks. According the personal injury lawyers representing the Tellez family, the railroad was notified 20 minutes before derailment from a 911-command center that a portion of the track was washed out. Instead of slowing down, eye-witness testimony stated the train's engineer actually sped up before derailing the train.

The survivors of the railroad crash explosion include Jose, and Zoila's daughters: Adriana, Lisette, Cristal, and Elvira.

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October 17, 2011

Jury Awards $20.6 Million Verdict in Death Case

A Colorado man was awarded a $20.6 million jury verdict against Toys "R" Us for fatal injuries his wife sustained after a 2006 accident.

Robin Aleo's husband and daughter sued Toys "R" Us after a traumatic neck injury left her a quadriplegic and eventually killed her. Aleo was visiting relatives in Andover, Massachusetts in 2006 when the Toyquest Banzai slide collapsed. The slide malfunctioned and "bottomed out" at the base of the slide causing Aleo to hit her head at the edge of the pool.

After the accident render Aleo a quadriplegic, she was later taken off life support at the age of 29. Aleo's family sued Toys "R" Us for wrongful death and alleged the company failed to meet government safety standards for pool sides. A jury returned the multi-million dollar verdict last week.

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October 13, 2011

Nursing Home Abuse Caught on Tape

20111013_inq_squad13-a.JPGAfter repeated complaints of nursing home abuse, a Haverford Couple installed a "nanny cam" in Lois McCallister's room at Quadrangle Sunrise Senior Living facility only to discover repeated instances of abuse.

Lois McCallister, 79, had complained of workers abusing and neglecting her while she was under their care at the nursing home facility. Mary French, McCallister's daughter, installed the nanny cam, which led to the arrest of three nursing home workers: Ayesha Muhammad, Tyrina Griffin, and Samirah Traynham. Who were later charged with harassment, assault, and negligence.

The personal injury lawsuit filed by Mary French on her mother's behalf alleges the nursing home failed to properly train their employee, and that they were understaffed and negligent in the care of Lois McCallister. The nursing home abuse attorney representing the French family stated the nursing home virtually broke every law enacted to protect the elderly living in assisted living facilities.

Sunrise owns close to 300 facilities across the country. However, after the arrest, the nursing home lost their state license.

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October 10, 2011

Wrongful Death Accident at Music Festival Prompts Lawsuit

303757740-04082129.jpegA young woman is left dead after a fatal car accident at the All Good Music festival this past July. Nicole Faris Miller was attending the concert with two friends, Yen Ton and Rosie Doran when a 2002 GMC pick-up truck slide down a steep hill and crashed into the tent where Miller was sleeping.

According to the personal injury lawsuit filed by Miller's father, Kim S. Miller, the festival failed to provide safe areas for attendees to park their vehicles and to protect their attendees.

On the morning of the accident, the festival staff was instructing people where to park and allowed Clay Harlin Lewis to park his pick-up truck along a hill. Lewis's truck lost traction in the wet grass and slid down the hill before crashing into the girls' tent.

The vehicle landed on top of Miller and caused her to asphyxiate and die. Miller died from injuries sustained during the accident. The other girls were also injured too. Miller's friend, Ton, suffered from a crushed arm

The All Good Music Festival just celebrated their 15th year and is known for their jam band line-ups. According to their website, parking and tents are held in separate areas because of the uneven terrain.

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October 5, 2011

$1.5 Million Wrongful Death Verdict Against Taxi Company

A jury verdict awarded the estate of James Lafayette Taylor, Jr. a $1.5 million verdict after Taylor was killed in an automobile accident. Taylor, 64, who is blind was crossing the street at an intersection when he was struck and killed by a taxicab on June 15, 2007. Taylor sustained a traumatic brain injury when his head hit the windshield of the cab during the accident.

The cab driver was driving a 1997 Ford model when he struck Taylor around 5 a.m. on South Marietta Street.

According to local authorities, Taylor was wearing dark clothing and carrying a white cane, indicating that he was blind. The jury later determined that Taylor was not negligent in the accident, rather the cab company, Metro Cab, was a fault.

The personal injury attorney representing Taylor's family named the cab's owner, Shaukat Ali, in the wrongful death lawsuit as well as the owner of Metro Cab, Subhan Chaudhary; Metro Cab; and SS Metro Enterprises LLC.

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