Alabama Injury Attorneys Blog

The family of John Paul Lacaillade, II was awarded an $8.5 million verdict by a federal jury for his wrongful death. Lacaillade, 38, was bicycling in Maine when he was run over by a tractor-trailer.

The trucking accident occurred in 2008 with a Canadian trucking company, Loignon.
Lacaillade was "sprint training" when his bike hit a broken patch of pavement. He was thrown off the bike into the road underneath the wheels of a tractor-trailer.

Lacaillade's widow, along with her two children, filed the wrongful death lawsuit last year against the trucking company for the death of her husband. Claiming negligence, Lacaillade's widow named the company as well the truck driver for causing the death of her husband. Loignon, the tractor-trailer company, denied any wrongdoing and initially offered the widow $100,000 to avoid a trail.

After a seven-day trail, the jury returned a verdict in favor of the plaintiff for $8.5 million. The widow was awarded $2.5 million for emotional distress, $3.5 million for loss of future wages, earning power and house personal injury awarded and another $2.5 million to the couple's two children.

The personal injury attorney representing the family could not be reached for comment following the trial.

Continue reading "$8.5 Million Awarded in Tractor-Trailer Death" »

A Tuscaloosa car accident has claimed the life of three people. Around 7:00 p.m. last night, two trucks collided near Coker. Johnny Channell, Brandon Campbell, and Jarrod Porter were killed in the Alabama car wreck. The three victims died when their pickup truck crashed into a service truck. According to an eyewitness, the pick up truck ran a stop sign before colliding with the service truck.

A Northport, Alabama police officer reported that the driver of the service truck was taken to nearby DCH Medical Center in Tuscaloosa. There is no report on whether the service driver was injured in the auto accident.

Continue reading "Tragedy Strikes Tuscaloosa, Alabama- 3 Killed in Car Accident" »

Mead Johnson infant formula, Enfamil, has been called into question after a 10-day old infant, Avery Cornett, died from a rare strain of bacteria believed to be linked to Enfamil.

Avery's parents rushed the infant to the hospital after he appeared lethargic and presented signs of stomach ache. The hospital confirmed the infant tested positive for Cronobacter Sakazakii, a bacteria that can be found in milk-based infant formula. While the bacteria is also considered an environmental contaminant, the diagnosis of the bacteria in the 10-day old infant prompted health officials to question the safety of the infant formula.

The County Health Department sent off samples of the two kinds of formula Avery had been eating. However, both tests came back negative and found Enfamil completely safe.

The U.S. Food and Drug Administration and the Centers for Disease Control are trying to determine the origin of the bacteria strain. In addition, the health agencies are expected to be testing a number of environmental sources for possible bacteria contamination.

Enfamil, manufactured by Mead Johnson, has conducted multiple test in conjunction with the health agencies and stands by the safety of the their product. A Mead Johnson spokesperson told local press that they wanted to "reassure parents and health care professional about the safety and quality of their products." Mead Johnson infant formulas undergo more than 2,300 quality test and inspections to make sure their products are safe for infant consumption.

The FDA has not issued a nationwide recall as they are still trying to determine if there is a link between the infant formula and the infant's cause of death. However, out of caution, Wal-Mart initially pulled all Enfamil formula from company shelves until the product was proven safe. Kroger additionally pulled all 12.5 ounce Enfamil Premium Newborn formula with the batch number ZP1K7G.

According to Mead Johnson, all infant powder products are tested for Cronobacter (Enterobacter sakazakii) prior to shipment. If any traces of bacteria are found, the formula is "rejected and not distributed" to retail outlets.

Continue reading "Infant Dies From Bacteria Strain, Formula in Question" »

FRP Staff and Attorneys Participate in National Charity.

Every year, we as a firm, are reminded of our many blessings both personally and professionally. As a personal injury law firm, we are given the opportunity to help injured people and families often in their greatest time of need. Throughout the year, we represent injured victims and broken families whose lives have been turned upside-down from tragedy and misfortune. People who have suffered injuries from auto accidents, lost loved ones from nursing home neglect, and hurt in on-the-job injuries are people we help everyday. So it is without question, that at this time of year, we take a moment to not only reflect on the opportunities we as a firm have been given to help injured people but to also be a beacon of hope for the future.

The holidays, for many, are a wonderful time of year filled with large amounts of food, gifts and gratitude. However, for some families, Christmas can be a reminder of injuries suffered or loved ones lost. It can be a time of great sadness for those Alabamians who must do without.

At Christmas, the attorneys and staff at Farris, Riley and Pitt give to a charity organization that we fell strongly deserves additional support. This year the Toys for Tots Foundation in Jefferson County was in desperate need of toys so deserving children would wake up Christmas morning with a present to open. By pooling our resources, we were able to donate two cars full of toys to the Marine Toys for Tots Foundation so Jefferson County children could wake up Christmas morning with not only a gift to open but also a sign of hope.

Continue reading "Signs of Hope" »

What could only be a nightmare for a parent has become a reality for the mother of a Benny Bills Elementary School third grader after she was tragically killed in a car accident.

Alexis Thompson was just nine years old when she was involved in a serious car accident that would later take her life. Alexis was participating in an after-school program when her intoxicated stepfather, Dusty McDonald, noticed she did not get off the bus.

According to local authorities, the intoxicated McDonald drove his 1984 Chevy truck to get Alexis. After picking her up, he failed to notice a curve in the road and crashed his pickup into a tree. McDonald fled the scene of the car accident and left nine-year-old Alexis trapped in the vehicle. Alexis was later pronounced dead at a nearby hospital from serious injuries.

McDonald fled the drunk driving accident scene on foot where he would later plead guilty to leaving the scene of an accident. On September 8th, McDonald pled guilty to aggravated vehicular homicide and a fifth offense of driving with a suspended license. For the drunk driving accident, McDonald was sentenced to 22 years in prison, which he will have to serve six years before he is eligible for parole.

Alexis Thompson's mother, Christina McDonald, filed a wrongful death lawsuit against the school officials claiming they were negligent by allowing Alexis to ride with an intoxicated driver who was not on the approved transportation list.

The personal injury lawsuit alleges the after-school program leader smelled alcohol on McDonald's breath and allowed Alexis to be released under his care. The personal injury attorney representing Christina McDonald claimed this was a "substantial factor in a case involving the death of a minor."

The after-school program is only supposed to allow authorized people on the student's emergency card to pick up students. According to the school's policy, any program leader who suspects a parent/adult of intoxication or displaying erratic behavior must report it immediately and contact another parent to pick up the child. However, if the adult takes the child anyway, the police are to be notified immediately.

The wrongful death lawsuit asks that Christina McDonald be awarded a just and fair amount in compensatory damages for drunk driving accident that killed her daughter.

Continue reading "Wrongful Death Lawsuit Filed Against School Board" »

The family of Javier Salinas filed a wrongful death lawsuit after Salinas fell more than 50 feet off a construction site. Javier was working at the Chelsea Piers construction site when a gust of wind blew him of the edge in October. Salinas's widow, Rosa Calva, filed the wrongful death suit on his behalf claiming the construction company was negligent and allowed him to scale a roof without a safety harness.

Salinas was installing sheet metal on the roof of the construction site. At the time of his death, he was working for American Buildings, a Trumball contractor working for Ashford Properties Construction. A month after Salinas's death, construction workers protested against Ashford Properties Construction claiming the company hired subcontractors so they didn't have to pay workers compensation benefits. The protesters also claimed AP in an effort to save money scarified the safety of their employees.

Continue reading "Construction Worker Falls 50Ft- Wrongful Death Lawsuit Filed " »

The two-year old nursing home of Borgess Gardens faces a potential wrongful death lawsuit after one of their patients died while under their care. On August 20, 2010, a nurse's aid was trying to turn Alicia Cegers when her tracheotomy tube became entangled in her bed rail. The aid was unable to reinsert Cegers's breathing tube. Causing her body to be deprived of oxygen, the lack of air ultimately caused her heart to stop. Alicia Cegers died at 51 years old.

Having suffered a stroke early on and suffering from several other ailments, Cegers had resided at the nursing home for years. Cegers was hospitalized seven times in the past year while under the care of the Borgess nursing home. While hospitilized, doctors at the nearby hospital noted inadequate care of her breathing tube along with irritation, obstruction, infection and swelling.

At 244 pounds, Cegers required two aids to take care of her as stated by her medical care plan. However, on the day of her death, only one aid was present to help-a noted error by the personal injury attorney representing the wrongful death lawsuit.

According the personal injury attorney representing the family of Alicia Cegers, the wrongful death at the nursing home could have been prevented. The nursing home costs $17 million to build and is currently on a federal watch list as one of the state's most troubling nursing home facilities. If the nursing home does not improve its facility, Borgess Gardens could potentially loose Medicare and Medicaid funding which is vital to keep it running. The nursing home is currently ranked as the lowest nursing home in the state.

Continue reading "Failure to Insert Breathing Tube Prompts Nursing Home Wrongful Death Lawsuit" »

1. TWIST 'n SORT manufactured by Guidecraft, Inc. and purchased at WonderBrains.com is a choking hazard for children. Recommended for children 3 years old and up. The Twist'N Sort was recalled on October 20, 2011 because the small pegs can detach and pose a choking hazard to young children.

2. POWER RANGERS SAMURAI MEGA BLADE manufactured by Bandai and purchased at Toys R Us, Kmart.com and Walmart.com. Recommended for children 4 years old and up. The blade can extend up to 2 feet and potentially cause facial injuries and other types of injuries in small children.

3. FOLD & GO TRAMPOLINE manufactured by The Original Toy Company and can be purchase at Sears.com and recommended for children 3 years of age and up. Considered a CHOKING HAZARD and has the potential for head, neck and bodily injuries.

4. PULLING ANIMAL DUCK manufactured by Haba and purchased at Creatoyvity. Recommended for children 1 year and up. However, posses a potential child strangulation injury because the toy inlcudes a 33" long cord that poses as a strangulation risk to small children.

5. SCHOOL BUS manufactured by Schylling and can be purchased online. Recommended for children 3- years and up. Considered a choking hazard because all parts can be removed for small children to swallow.

6. Z-CURVE BOW manufactured by Zing Toys and purchased on Amazon.com. Recommended for children 8 years and up. The toy is marked that is can shot arrows up to 125 feet making it a potential for eye injuries.

7. STEPPER "LOW RISE" STILTS manufactured by JJI Toys and purchased at Ben Franklin is recommended for ages 5 and up. With no given instructions, the manufacturer invites kids to step in the platform, pull the ropes and start walking. Potential for serious head and other impact injuries.

8. SWORD FIGHTING JACK SPARROW manufactured by Jakks Pacific and sold at Toys R Us. Recommended for children 4 years old and up. A potential choking hazard and could cause serious eye and impact injury.

9. THE INCREDIBLE SHRINKY DINKS MAKER manufactured by Big Time Toys and sold at Kmart is recommended for children 8 years of age and up. Could potentially cause electric shock and burn injuries because it uses a 120 volt house current

10. "GIGAN" GODZILLA FIGURE manufactured by Bandai and sold at Toys R Us is recommended for children 4 years and up and is a potential chocking hazard. In addition, it can cause serious puncture wounds and injury

Continue reading "10 Worst Toys for Children this Holiday Season " »

Keep Dangerous Toys Clear of Your Christmas Tree

1. Consider age, interests and skill level. A bad toy fit can be dangerous. Follow the label's age and safety information, and be alert to toddlers getting into toys purchased for older siblings.

2. Location, Location, Location! The right toy in the wrong place can be trouble. Avoid play areas near traffic, pools or ponds for ride-on toys, and consider blocking off kitchens and bathrooms.

3. Don't forget the helmet if you buy a bike, scooter or sports-related gift for a kid. "It's a necessity, not an accessory."

4. Choking is still the leading cause of death related to toys. Avoid any toy small enough to fit entirely into a choke tube tester (if you have one) or a toilet paper tube (if you don't).

5. Ten minutes now could save a lot of heartache later. Download this toy safety shopper's guide, browse this CPSC list of recalled toys, and view the 2011 "Worst Toys."

Steer clear of soft plastic toys, those that say they contain PVC and metal costume jewelry -- all top suspects for unsafe levels of lead and phthalates.

A piece of heavy machinery killed two men when the piece of equipment toppled over. The two men, 29-year-old Rigoberto Lopez and 42-year-old Karlos Turner were working on an 80 ft lift when the machine toppled over. According to emergency workers, the lift fell over around 1:00 p.m. off Glen Iris Drive in Atlanta.

The Medical Examiner said both men died from the fall. The two men were working on the exterior wall of an apartment homes when the 40 feet lift got stuck. Workers tried to move the lift after it got stuck; however, it fell to the concrete walkway.

The injured men, Lopez and Turner, were both taken to the hospital where they later died. Turner was married and left behind two children. Information on Lopez is not available at this time.

Continue reading "Machinery Accident Kills Two Men" »

The son of actor Ryan O'Neal has plead guilty to a drunk driving accident while he was under the influence of drugs. injuries from the automobile accident.

Continue reading "Actor Ryan O'Neal's Son Pleads Guilty in DUI Accident" »

After a four-day trial, a Georgia jury recently awarded a $9.85 million jury verdict to the parents of a deceased toddler. The parents of Abiola Bankolemoh filled a wrongful death lawsuit after their two year old fell in a pool and drowned while under the care of the daycare facility.

Abiola parent's Kemi Green and Gbolohan Bankolemoh were shown a CPR license and under the impression that the daycare facility was approved by the state. Day Care facilities are supposed to be regulated by each state to ensure each facility is hazard free and meets all safety requirements. However, the day care, run out of the home of Tanya and Shawn Moon, was not state approved nor was Tanya Moon licensed to provide child care services.

In March 2009, Abiola was one of four children being cared for by Moon when he wandered out of the house, fell into an above ground swimming pool, and drowned. Abiola's three-year-old brother was also at the day care the day Abiola died.

In the wrongful death lawsuit, Kemi Green and Gbolohan Bankolemoh, named the owners of the day care for the death of their child along with Tanya's father-in-law, Terry Moon, who owned the home.

The jury returned a $50,000 verdict for pain and suffering plus an additional $9.8 million for the child's death. The personal injury attorneys representing the deceased toddler's family said they expect all three defendants insurance companies to pay.

Continue reading "Jury Awards $9.85 Million Verdict in Day Care Death " »