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" »

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.

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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.

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The family of Craig Salerno filed a $25 million wrongful death lawsuit after he died after a crash at the National Championship Air Races.

According to the personal injury attorney representing the Salerno family, the accident was a "result of a reckless drive for speed by a risk taking pilot and crew" plus the drive to increase profits.

Salerno, a dispatcher for Continental Airlines, was one of ten spectators killed in the air crash. The wrongful death suit states the accident killed the married father of two children instantly.

In addition to Salerno, the accident also killed the pilot, Jimmy Leeward. Flying a World War II era Mustang, Leeward rolled and slammed into the box seats where Salerno and the other nine deceased spectators were sitting. Federal investigators have evidence where a piece of the plane's tail broke off around the time of the crash. The crash has also prompted aviation experts to review additional evidence such as a possibility of a trim tab snapping off- which would have kept the plane's nose down.

The wrongful death lawsuit names the Reno Air Racing Association in the lawsuit in addition to a number of people who modified the WWII plane.

Continue reading "Family Files First Wrongful Death Suit After Reno Air Crash" »

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.

Continue reading "Railroad Derailment Accident Settles for $22.5 Million" »

A vice-commander of the Wintrop Yacht Club was arrested after his involvement in a drunk boating accident.

Lloyd Thompson, 39-years-old, was arrested after driving his boat into a sailboat and throwing two women overboard. Thompson, a prominent member in the boating community told police that he noticed the sailboat at the last minute and tried to avoid the boating accident.

Traveling in a no-wake zone around 17 knots or 19 miles per hour, he told police that he did not see the channel markers before the crash. He swerved his 24-ft boat, Captain Jack, at the last minute to try to avoid hitting the sailboat, Wild Thing. The initial impact sent 55-year-old Regina Moser overboard. Moser was rescued and back on the boat within ten minutes; however, she died from a traumatic brain injury at a nearby hospital as a result.

Thompson told police that he had a few drinks during the course of the evening but police later recovered empty beer bottles and empty wine bottles in the boat. Thompson plead not-guilty to the charge of negligent homicide after the fatal boating accident.

Continue reading "Drunken Boating Accident Proves Fatal" »

Alabama's Shelby County emergency assistance received a 911 call at approximately 11:08 a.m. today requesting medical aid to a local residence. Paramedics were called in reference to an injured person on Shelby County Road 77 near the Kingdom community. Upon arrival, paramedics found Mr. Alfred Donald Horton, a resident of Columbiana, deceased. Mr. Horton suffered fatal injuries after getting pinned between two fallen trees. According to reports, Horton was performing tree maintenance at the residence. The death is believed to be accidental.

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.

Continue reading "Alabama Crash Kills Four High School Seniors" »

A Jefferson County Jury awarded a Birmingham, Alabama family $3 million on Friday afternoon in the wrongful death of their son, LaBoyish Catlin.

LaBoyish Catlin, 37, died in January of 2006 a few days after having a duodenal ulcer repaired. The wrongful death lawsuit, filed by Personal Injury Attorney Ken Riley, on behalf of the Catlin family claimed negligence and improper surgery lead to Catlin's death. Riley said LaBoyish, better known as Wayne to his friends and family, required multiple blood transfusions post-operatively and later died at home after having been released from Baptist Princeton Hospital.

The autopsy report stated that Catlin bleed to death. Catlin was not properly examined by the attending physician before being sent home with a very low blood count. The wrongful death lawsuit cited "Exsanguination in the artery" as the cause of death.

Riley and co-counsel, Shay Samples, believe Baptist Health will file an appeal. Most large jury verdicts, particularly medical malpractice verdicts, are usually reviewed by the Alabama Supreme Court. Medical Malpractice cases are extremely difficult to win in Alabama, with "doctors and hospitals usually [winning] about 90 percent of cases."

The trial lasted two weeks and ended last Friday. Ken Riley, lead counsel from the law firm Farris, Riley & Pitt, said it took the Jefferson County Circuit Court about three hours before returning a $3 million wrongful death verdict.

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A Jefferson County jury has awarded a Birmingham, Alabama family $2.4 million after the death of their two-year-old child.

The wrongful death lawsuit was initially filed in 2007, after two-year-old Adrian Christian accidently died from a methadone overdose. Christian was spending the night with his aunt and uncle, Walter and Christine Gaines, on the weekend of May 19th when the couple became concerned that Adrian had swallowed a methadone tablet.

The aunt, who suffers from chronic pain due to sickle cell anemia, was taking the narcotic to ease her pain.

The couple rushed Adrian to the emergency room where Adrian was monitored for several hours for signs of methadone poisoning. At 2:30 a.m. the Birmingham hospital released the boy who was later rushed back at 6:00 a.m. after he was found not breathing. Adrian was pronounced dead at 6:30 a.m.

The Birmingham Personal Injury Attorney representing Latoya Gaines, the mother of the Adrian Christian, contented the emergency room should have kept him longer and performed more tests. However the emergency room physician on-call stated he did everything he was trained to do.

The wrongful death lawsuit took the Jefferson County jury one week before returning a punitive damage award in favor of the mother, Latoya Gaines.

The parents of 40-year-old Jennifer McCoun have filed a wrongful death lawsuit against Adventure Center Skydiving alleging the company caused her untimely death on January 31st, 2009.

McCoun was the president and CEO of the Tulare Chamber of Commerce before her death.

The wrongful death lawsuit filed in Santa Clara County alleges that the skydiving company, Adventure Center Skydiving, gave McCoun a defective parachute that after opening caused her to slam into the ground. Apparently the Velcro failed to hold the steering handles in place and therefore caused the parachute to spin in tight turns after it opened.

According to reports, McCoun survived the fall. Her mother, Marilyn McCoun, released a statement saying, "she actually lived for three hours." however, because the skydiving company failed to contact Jennifer McCoun's emergency contact numbers, her parents didn't get to the hospital until after she died.

The skydiving accident occurred around 2:30 p.m. Marilyn McCoun tried reaching her daughter on her cell phone and got no answer. Then she called the skydiving business around 6:30 or 7:00 p.m. only to find out that Jennifer McCoun had been airlifted to nearby Santa Clara Valley Medical Center after the accident.

When McCoun's parents arrived at the hospital, they were told she had been briefly revived but a broken rib had torn her aorta.

The personal injury attorney representing the McCouns said this accident probably would not have happened had the worn out Velcro been replaced. Experts for the plaintiff believe the accident occurred because of "poor maintenance" of the parachute. Additionally, the lawsuit alleges that the parachute packers were allowed to drink beer and smoke marijuana while performing their jobs.

McCoun was listed as an inexperienced jumper and chose the skydiving facility because of their safety record. When in actuality the company had two fatalities, one in 2001 and another in 2002. Both of which they failed to disclose in their advertising.

McCoun's parents are seeking and unspecified amount of damages for "wrongful death, fraud and emotional distress."

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The family of twenty year-old, Jessica Morales, has filed a wrongful death lawsuit against Pacific Gas & Electric Co. after her untimely death on September 9, 2010. Morales and seven other victims were killed in the natural gas explosion accident that rocked the San Bruno community.

Around 6:00 p.m. on the night of September 9, 2010, a 30 inch gas line exploded in the residential community of San Bruno, California destroying homes and everything in its path. Reports estimate that over 50 people were injured after the pipeline exploded and some 37 homes were completely destroyed with dozens more damaged in one way or another.

Morales was visiting her boyfriend, Joseph Ruigomez, on the night of the explosion, when flames rushed into Ruigomez's house. Panicked, Morales tried to flee the burning house and ran towards a neighboring house. Ruigomez was severely burned in the explosion attempting to rescue her.

Morales' burned body was later discovered the next morning in a neighbor's shed.

The lawsuit alleges that the pipeline explosion could have been prevented and that PG& E had knowledge of the pipeline's defective condition. The lawsuit also points to the fact that Pacific Gas & Electric Co. failed to act on a long list of PG& E incidents and safety lapses.

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