Archive for January, 2010

Being accused of a crime is a very serious matter, and one that brings a lot of stress into people’s lives. A critical part of the legal process when accused is finding and meeting a good criminal defense attorney. The Illinois Truck Accident Attorneys at Dolan Legal recently created a blog post with advice on how to handle your first meeting.

 

In their post they say: “Despite the importance of a first meeting, criminal defendants need not feel anxious about the meeting. The meeting is nothing more than a conversation.  Your lawyer will ask you about the circumstances of the incident(s) leading to the arrest, discuss the charges against you, and the potential penalties that may be imposed if you are convicted.  Together, you will explore your defense and you will develop a plan to move forward with your case.  Of course, any pressing issues such as bail or restraining orders will be addressed and all of your questions will be answered.”

 

One of the most important things to remember is that your attorney will not be trying to incriminate you. They will ask questions, but the goal of which will be to establish the facts about the case and develop as strong a defense as possible. It may feel awkward and uncomfortable revealing all the details surrounding your situation, but is important not to lie or withhold on your attorney.

 

At first meeting, it is also key to get a sense of how committed your attorney is for you. If you are getting the impression that he/she is “phoning it in”, it may be in your best interest to find someone else who will take an active interest in your case. To be certain you are finding someone who is both competent and ethical, it can be valuable to go through a service that recommends lawyers (free of consultation charge). They can give you the best advice on how to proceed and who to pursue.

 

You criminal defense attorney will be your most important line of defense in securing the best result possible in court and preserving your good name. Give the situation your best effort and try to maximize results even from the very first  meeting. Be prepared, open minded, and ready to communicate.

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By: Dave Nethers, Fox 8 News

January 28, 2010

truck accident 

BROOK PARK, Ohio — A local truck driver has been charged with second-degree manslaughter, accused of causing a fatal accident in Buffalo, New York last month.

 

Investigators say 45-year-old Thomas Wallace, of Brook Park, was distracted by pornography he was watching on his lap-top computer at the time of the accident.

 

They also say he had no more than about 4 hours of sleep in the previous 27 hours, which is a violation of federal trucking rules.

 

According to authorities, Wallace hit the car in which 33-year-old Julie Stratton of Snyder, New York was sitting.

 

Police say that Stratton had just hit a deer. Her damaged car was sitting in a lane on an open stretch of highway when it was struck.

 

Shortly after the accident, Stratton’s family pleaded for Buffalo area residents — who saw the accident — to come forward.

 

“I’m always looking for the truth and I’m sure it will be revealed,” said her emotional father Brian Dopkin.

 

Captain Michael Nigrelli of the New York State Police tells Fox 8 News the road was clear on the day of the accident. “Visibility was fine, there was no snow on the roads.”

 

Nigrelli says other vehicles were able to see and avoid Stratton, but investigators believe Wallace’s eyes were not on the road.

 

Wallace is being held in the Genesee County Jail in New York on a $50,000 cash bond.

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By: Kytja Weir

January 26, 2010

 

metro accident

Metro resumed service at two Red Line stations midday Tuesday, but the investigation continues into the track accident that killed two veteran track workers.

 

Jeff Garrard, 49, and Sung Oh, 68, both of Montgomery County, were killed after they were hit by a Metro truck along the outbound Red Line tracks outside of the Rockville station.

 

The men, both automatic train control technicians, were replacing track equipment that ensures the safety of trains when a special high-rail truck equipped to travel on tracks struck them around 1:45 a.m.

 

Garrard had worked for Metro for nearly 20 years, while Oh had been with the agency for more than 11 years. The driver of the truck was tested for drugs and alcohol, as is standard in any accident.

 

“As I have done several times over the past year, I strongly urge the authority to take the appropriate actions to ensure the safety of workers and riders on the Metrorail,” said Jackie Jeter, president of Amalgamated Transit Union Local 689 that represents the workers involved. “We can only hope that no further accidents will result in the loss of life anywhere on the system.”

 

The accident was just the latest in a series of unprecedented and deadly safety failures for the agency. In August, a track worker was killed by a gravel spreader, then a month later a communications worker for the agency also died of injuries after being hit by a train. Three workers were injured in a rail yard crash in late November, then in December an independent team of track safety inspectors was nearly struck by a speeding train.

 

The safety inspectors issued a damning report following the near-miss showing multiple failures of the agency’s track safety policies, including track workers using the wrong hand signals and trains failing to slow down for track teams. Track safety classes failed to teach Metro’s own safety rules.

 

Both Metro and National Transportation Safety Board teams are investigating the Tuesday incident.

 

The accident caused major problems along the Red Line for morning commuters, as both the Shady Grove and Rockville stations were closed until 12:18 p.m. The transit agency ran shuttle buses to the Twinbrook station, but riders encountered major crowding and long delays, not to mention heavy traffic on Interstate-270 and Route 355 as they drove to other stations.

 

Service is not expected to face delays from the accident during the afternoon commute.

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The Patriot Ledger

January 24, 2010

unmarked police car

WEYMOUTH —

State Police have identified the Abington jogger who was struck and injured by an unmarked State Police cruiser Friday as Paula Domenico, 39. She is recovering at South Shore Hospital from serious injuries. An investigation continues.

 

Earlier, spokesman David Procopio said a lieutenant was heading north on Route 18 in an unmarked Ford Taurus State Police cruiser at 2:26 p.m. when he struck the jogger crossing where Route 58 intersects.

 

The lieutenant was heading to the South Boston barracks to start his shift at the time of the accident

 

Both Weymouth police and State Police responded to the scene.

 

Weymouth Police Lt. Neal Ahlstedt said the lieutenant’s vision was believed to have been blocked by a bus traveling north in the adjacent lane.

 

State Police said the accident is still under investigation and declined to give the lieutenant ’s name. Weymouth police said Saturday evening that they do not yet have the report.

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By Andres Viglucc, The Miami Herald

January 18, 2010

 

bike 

A cyclist’s hit-and-run death on the Rickenbacker Causeway has ignited a furor from riders and other users of the roadway’s popular parks, beaches and trails, who say it has exposed a dangerous gap in fire-rescue coverage on large portions of Virginia Key and Key Biscayne.

 

On Monday, Miami-Dade police filed multiple felony charges, including DUI manslaughter, against a Key Biscayne man who is accused of striking and killing a cyclist on Sunday morning and taking off, dragging the bicycle for nearly four miles along Crandon Boulevard.

 

Carlos G. Bertonatti, 28, of the 600 block of Grapetree Drive — a local rock musician who recently released his first album — was charged with vehicular homicide, DUI manslaughter, leaving the scene of an accident involving death, having no valid driver’s license and resisting arrest without violence, according to Miami-Dade police.

 

On the singer’s website, taken down since the incident, Bertonatti humorously boasted about a poor driving record, which he described as “not clean.” He said he once flipped his car “in reverse.” Bertonatti has received 42 traffic citations in the past 12 years, records show.

 

Immigration authorities placed a hold on the Venezuelan-born Bertonatti, according to Miami-Dade corrections records. That means Bertonatti, who is not a U.S. citizen, could be deported if convicted.

 

The death of the cyclist — identified as Christopher Lecanne, 44, of South Miami — prompted protests concerning public safety along the popular causeway.

 

Cyclists and other witnesses who tried to help the victim say Miami-Dade fire rescue took more than 20 minutes to arrive. By then, several witnesses said, the critically injured Lecanne was dead in a pool of blood. Lecanne was pronounced dead at Jackson Memorial Hospital’s Ryder Trauma Center.

 

Though Miami-Dade fire rescue has a station a couple of miles away at the entrance to Key Biscayne, it was apparently closed at the time of the incident, which occurred at 8 a.m. Sunday on Bear Cut Bridge, which connects Virginia Key and Key Biscayne.

 

Instead, the rescue unit that responded came from South Miami.

 

The Crandon station is open only part-time, said Miami-Dade Commissioner Carlos Gimenez, who added he has been trying to have it staffed full time for a year.

 

The station’s operating hours could not be determined Monday, a holiday. The phone at the fire department’s press office was not answered.

 

Gimenez said he plans to bring up the issue during Thursday’s Miami-Dade Commission meeting.

 

It’s unclear why units from nearby Key Biscayne or city of Miami could not be dispatched.

 

Miami-Dade has jurisdiction over Crandon Boulevard from the entrance to the village of Key Biscayne to Bear Cut, and over a portion of the causeway on adjacent Virginia Key. The city of Miami covers the eastern portion of Virginia Key.

 

But Gimenez said he doesn’t know what kind of agreement Miami-Dade’s fire department may have for coverage with either Key Biscayne or Miami during times when its Crandon station is closed.

 

“Those are issues that have been going on way too long, and we need to resolve them,” Giminez said.

 

Other cyclists criticized the design of the causeway’s new bike lanes, saying there is insufficient signage alerting motorists to the presence of cyclists and that police do little to curb routine speeding.

 

Miami-Dade police investigators said Monday that Lecanne was traveling east on Bear Cut Bridge within the striped bike lane when Bertonatti, who was also heading east in a silver 2007 Vokswagen Jetta, left the traffic lane and hit him from behind.

 

Horrified witnesses say Bertonatti barely paused, proceeding at high speed down Crandon with the mangled bicycle pinned under his car. He then traversed the length of the village of Key Biscayne, where he was pursued by a Key Biscayne police car.

 

Near the village Winn-Dixie, about four miles from the crash site, the bicycle became dislodged from the badly damaged Jetta, and Bertonatti kept driving, heading home to Grapetree Drive, where he was arrested.

 

Bertonatti is a budding singer-songwriter who has appeared in clubs and venues around Miami and recently enlisted a high-power producer, Chris Rodriguez, to produce his first album.

 

Miami Herald staff writers Luisa Yanez and Jay Weaver contributed to this report.

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chantix1

NEW YORK, Jan 14 (Reuters) – Three personal injury lawsuits were filed against Pfizer Inc (PFE.N) on Thursday, claiming its smoking cessation drug Chantix caused attempted suicides and death.

 

The lawsuits, filed in New York State Supreme Court in Manhattan, claim that at the time the plaintiffs took Chantix, Pfizer did not tell doctors and patients about dangers it allegedly knew were related to the drug, including depression and thoughts of suicide.

 

Although Pfizer subsequently added warnings to its package insert, the law firm that filed all three lawsuits alleged the drug’s label is still inadequate.

 

Pfizer introduced Chantix in the United States in 2006, hoping it would become a multibillion-dollar product and revive flagging profits. The drug’s sales have fallen off as concerns about side effects increased.

 

Chantix sales fell 15 percent to $155 million in the third quarter of 2009.

 

Attorney Marc Grossman alleged in the lawsuits that the company “intentionally, recklessly, and/or negligently concealed, suppressed, omitted, and/or misrepresented the risks, dangers, defects and disadvantages of Chantix.”

 

Grossman is with Sanders Viener Grossman LLP in Mineola, New York.

 

Two lawsuits claim the plaintiffs tried to kill themselves as a result of using Chantix. The third is a wrongful death lawsuit filed on behalf of Indiana resident Annette Pine, claiming she committed suicide after using Chantix.

 

The lawsuits seek trials by jury, punitive and compensatory damages, medical and legal expenses, and, in Pine’s case, funeral expenses.

 

Pfizer issued a statement defending the drug, approved in some 86 countries as a smoking cessation aid.

 

“At all times, Pfizer has clearly communicated important information about the safe use of Chantix, which is available only with a prescription,” Pfizer spokeswoman Sally Beatty said in the statement.

 

“We intend to vigorously defend this medicine,” she said, adding that Chantix has helped many smokers to quit.

 

The lawsuits claim that each of the plaintiffs used the drug properly. They also claim that in each case the plaintiffs and their doctors were “not aware and through diligent efforts were not able to discover the risk of serious injury, and/or depressed mood and/or suicide associated with and/or caused by Chantix.” (Reporting by Ransdell Pierson and Bill Berkrot; editing by Carol Bishopric)

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COUDERSPORT, Pa. – January 18, 2010 — A 12-year-old boy has died of injuries suffered in a sledding accident at a ski resort in north-central Pennsylvania. 

 

Potter County Coroner Kevin Dusenbury says Ian Miller, of Pottstown, was hurt when his plastic, saucer-shaped sled hit a metal ski lift tower shortly after 11 p.m. Friday. Miller was with a Boy Scout group, members of which offered first aid before he was taken to Charles Cole Memorial Hospital in Coudersport, where he died shortly after 1 a.m. Saturday.

 

Miller’s death is the second fatality in slightly more than a year at the Ski Denton resort about 140 miles northeast of Pittsburgh.

 

On Jan. 5, 2009, 13-year-old Patrick Shire, of Haymarket, Va., was killed in a skiing accident.

 

(Copyright ©2010 by The Associated Press. All Rights Reserved.)
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Wednesday, January 06, 2010, Associated Press

 

COLUMBUS, Ohio — A ruling from the Ohio Supreme Court could put more of a bite on dog owners taken to court for injuries caused by their animals.

 

In a case from northeast Ohio’s Summit County, the court ruled 5-2 Wednesday that owners may be sued both under the state’s dog bite law and for more general negligence.

 

The decision is a victory for the family of a 12-year-old girl who was mauled by a dog and was hurt on the head.

 

A trial judge had allowed the girl’s mother to sue the owners only under the dog bite statute, limiting the money award in the case. The jury awarded compensatory damages of $5,000 for the girl’s medical bills and other costs.

 

The Supreme Court says the mother should also have been allowed to pursue a negligence claim and possible punitive damages.

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Free Legal Videos

Posted under: Law Advice, Legal Videos, dog attack, dog bite by DreamLegalTeam

One of the most powerful learning tools on the internet is video.  As technology has improved, so has the ease-of-creation and distribution channels for video. People love to be able to sit down, relax, and absorb information regarding their specific topic of interest. And, if they get busy, they can simply pause it and come back later.

 

Knowing this, Bill Hayes and DreamLegalTeam.com has developed an extensive series of free legal videos to help you learn about a variety of legal topics.

 

Here is an example that covers the basics of what you can do in a dog bite situation:

 

This video and many others can be browsed through by topic. In addition, you can choose a specific state and learn about their rules and regulations (knowledge of state law is a highly underrated method of day-to-day legal preparation).

 

The hope here is that you can better prepare yourself to deal with some of the most common legal incidences that people encounter, but also that you’ll be able to find information very specific to your needs. Should you need a legal consultation or advice regarding your specific incident, The Hayes Firm is prepared to offer that as well. Our entire website is designed around meeting as many of your needs as possible, so hopefully we can accomplish just that!

 

Check out our free legal videos now!

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By Kevin Smith, Staff Writer Sgvtribune.com

Posted: 01/07/2010 11:13:58 PM PST

 

 helicopter

A federal investigation is under way to determine the cause of a helicopter crash in the Sierra Nevadas that occurred Wednesday when the craft hit an unmarked Southern California Edison power line.

 

Three state scientists and the pilot of the Bell 206 helicopter were killed when the copter clipped a skyline grounding wire between two Edison transmission towers, igniting a fire that consumed the craft and sent debris flying.

 

The team had been conducting a deer survey in a craggy stretch of the mountain range where electric lines crisscross the canyons.

 

Edison spokesman Steve Conroy acknowledged the line wasn’t marked but said the utility was never asked to do so – by the FAA or any other agency.

 

“Those lines have been sitting up there since the 1950s when they were installed,” he said. “We’ve never been approached by any external parties, private or governmental, to install markers on the lines.”

 

Conroy said Edison transmission lines in the Antelope Valley and some other regions are marked, likely as result of construction guidelines in those areas.

 

“At the end of the day, we’re trying not to lose sight of these four people who lost their lives as a result of this,” he said. “It’s important for us to see the outcome of the investigation so we can determine what steps we need to take to avoid having this happen in the future.”

 

The investigation will likely consider such factors as line visibility, aircraft speed, a possible mechanical malfunction and pilot error.

 

“The FAA does not require that power lines be marked because we do not have authority over local developments/projects,” FAA spokesman Ian Gregor said in a statement. “However, we recommend that all power lines be marked to make them as visible as possible to pilots.”

 

And it would be the responsibility of the power line owner/operator to do that, he said.

 

The FAA offers the following recommendations”

 

Markers should be placed on transmission wires and support structures to minimize the chance that pilots could inadvertently fly into them

 

Markers on long wires across canyons, lakes and rivers should be at least three feet in diameter

 

Markers should be a bright color that’s easy to see, such as orange, white or yellow, as well as an alternating color scheme

 

Markers should be spaced about 200 feet apart in equal intervals (When lines are low to the ground or near an airport a closer spacing is recommended)

 

National Transportation Safety Board investigators will spend the next two weeks examining the wreckage and radar and air traffic control data, as well as interviewing eye witnesses before issuing a preliminary finding about the probable cause.

 

If it’s determined that SCE – a division of Edison International – shirked its duty to mark the power line, it could be held partially legally responsible for the crash, experts said.

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