By: Will James

February 2, 2010

One man was killed and 15 people were injured when a Suffolk County Transit bus struck a car on County Road 51 in Northampton on Tuesday morning, according to Southampton Town Police.

The driver of the car, Michael Brown, 21, of Greenport, was killed when he drove his 2000 Ford Focus through a stop sign at the end of County Road 63 and was broadsided by the bus, which was traveling north on County Road 51 at 7:40 a.m., police said. He was pronounced dead at the scene by the Suffolk County Medical Examiner’s office, according to police.

The 14 passengers on the bus, as well as the driver, John Bravata, 56, of Ronkonkoma, were taken by ambulances to Peconic Bay Medical Center in Riverhead and Brookhaven Hospital in East Patchogue, where they were treated for minor injuries, according to authorities.

A number of departments responded to the scene, including Southampton Town Police, Flanders Northampton Volunteer Ambulance, Westhampton War Memorial Ambulance, Hampton Bays Volunteer Ambulance, East Quogue Fire Department Ambulance, Riverhead Fire Department and Suffolk County Department of Public Works, police said.

Police said they closed the northbound lane of County Road 51 between the intersection of County Road 63 and the Suffolk County Center in Riverside for approximately three hours and 45 minutes following the accident. The southbound lane of County Road 63 was closed between Old Westhampton Road and County Road 51 for approximately four hours and 30 minutes, according to authorities.

The Suffolk County bus was traveling route S66, which takes passengers from Patchogue to the Suffolk County Center in Riverside, according to Suffolk County spokesman Dan Aug.

Southampton Town Police said they are still investigating the incident and no one has been charged in the crash.

Posted December 8, 2009

By Lindell Kay, enctoday.com

Authorities are stressing gun safety after two recent unrelated accidental shootings left a toddler dead in his home and a 58-year-old woman injured at the Jacksonville mall.

“Respect all weapons and use them responsibly,” said Jacksonville Police Lt. Devon Bryan. “Never point a weapon at something that you do not intend on destroying.”

A shopping trip turned into a nightmare for Letha Gibbs on Friday when she was shot in the face by a storeowner’s handgun that fell on the floor. Still in Pitt County Memorial Hospital, Gibbs told reporters that she did not realize she had been shot and thought she had been electrocuted.

Gibbs said that although the bullet is still lodged in her face, she will not need surgery. Doctors told her the fragment will work its way out on its own.

The Jacksonville Police Department said the shooting was an accident; the store owner, 77-year-old Foster Carter is licensed to carry the firearm; and no charges will be filed.

Onslow County Sheriff’s detectives are still investigating the death of 3-year-old Tyler Lewis who shot himself in the forehead after finding a handgun in his Kanton Hills home last month. His death was ruled an accident by medical examiners, but there are certain North Carolina laws about not leaving a gun accessible to minors, prosecutors said.

The decision whether the child’s parents will be charged has not been made.

Police said anyone who plans to own a firearm should know how to use it properly.

“Gun safety at home is extremely important. First before handling a firearm the user should learn and follow the recommendations of the manufacture on how to properly use it,” said Bryan, a sniper who trains police officers and military personnel.

He said that when firearms are not in use they should be secured in a gun safe or with the use of a gun lock.

“All types of firearms should be locked or secured so that children are incapable of having access to them,” he said.

Not only should the weapons be locked, but the keys to those locks should be kept safely out of a child’s reach, he said, adding that ammunition should be stored in a location separate from the firearms.

“Treat each firearm as if it were loaded, and never give or hand someone a loaded firearm,” he said. “If someone hands you a firearm, double check it by visually and physically inspecting it to ensure that it has been unloaded.”

He said people practicing with firearms should always be aware of their surroundings and not assume a target will stop a bullet — bullets can possibly travel through the target and beyond.

Onslow County Sheriff’s Capt. Donnie Worrell said there are four cardinal rules in gun safety:

• Treat all guns as if they are loaded.
• Point the gun’s muzzle in a safe direction at all times.
• Be sure of your target and what is around and behind it.
• Keep your finger outside the trigger guard until you are on target and have decided to fire.

Worrell also said a child’s curiosity may override a parent’s direct order for the child not to touch a firearm. And parents should not be fooled into thinking a child cannot pull the trigger of a double-action weapon.

He said all firearms should be secured; there is no such thing as a good hiding place for a gun.

Published September 4, 2009 By Martin Finucane, Boston.com

A 49-year-old man who worked for Waste Management Inc. was killed in an accident this morning involving a garbage truck at Fenway Park, police said.

incident was reported at about 8:35 a.m. at 24 Yawkey Way, at the back of Fenway Park. Police, fire, and emergency medical services personnel responded to the scene, said Officer Joe Zanoli.

Zanoli said the 911 caller told police he was with Waste Management, which had two trucks on the scene, and one of the trucks had struck one of his employees.

The victim was found near a loading dock staircase, while the truck was parked in the loading dock with a dumpster hooked to the rear, according to a police report.

The operator of the truck didn’t know whether the victim had been struck by either the truck or the dumpster, but emergency medical personnel reported that the victim had suffered severe injuries from being crushed, the report said.

Rescue crews took the man, who was suffering from cardiac arrest, to Beth Israel Deaconess Medical Center, where he was pronounced dead, police said.

Zanoli said police were investigating the incident. The US Occupational Safety and Health Administration was also notified and its officials were also at the accident scene.

Scott Tranchemontagne, a spokesman for Waste Management, confirmed that both the driver of the truck and the victim were Waste Management employees, but didn’t immediately have any further comment.

August 26, 2009 (NewYorkInjuryNews.com – Injury News)

New Source: JusticeNewsFlash.com

A South Carolina patient recovered a $2 million jury verdict against the dental clinic that accidentally pulled 13 additional teeth. The Florence County jury ruled against the Sexton Dental Clinic in a malpractice lawsuit asserting dentists pulled all 16 of the patient’s top teeth.

South Carolina medical malpractice lawsuit involving Sexton Dental Clinic in Florence County resulted in a $2 million jury verdict.

Columbia, SC–Personal injury lawyers representing a South Carolina patient, who fell victim to gross medical negligence by dentists at the Sexton Dental Clinic recovered a $2 million jury verdict in a Florence County court room. As reported by South Carolina Now, the plaintiff, Elizabeth Smith, a 28 year-old Sumter woman, sought treatment for a cracked tooth at the Sexton Dental Clinic, in Florence in May 2006. A Florence County jury returned a $2 million verdict in mid-August after hearing the personal injury claim that left the young woman with no upper teeth since 2006 when a rogue dentist removed all of her upper dentia.

According to court documents filed by South Carolina dental malpractice attorneys representing the seriously injured woman, three dentists at the Sexton Dental Clinic; Dr. Robert W. Scott, Dr. Robert G. Jamison, and Dr. John R. Clark, extracted all 16 of Smith’s upper teeth including 13 without any medical basis. The catastrophically damaged young woman further claimed in her malpractice suit the dentist falsified her medical records to cover up their mistake. Apparently, the dentist’s determined she needed to have a total of three teeth removed and ended up pulling all 16 teeth in her upper palate. The medical malpractice lawsuit named the Sexton Dental Clinic, CEO, and the three dentists who all denied the allegations of wrongdoing.

Lawyers representing the Sexton Dental Clinic may file an appeal of the jury verdict to a higher court. The South Carolina Board of Dentistry http://www.llr.state.sc.us/POL/Dentistry/ which operates under the South Carolina Department of Labor www.llr.state.sc.us/ division of Licensing and Regulation lists all three of the above named dentist’s licenses as active. During research of the three named dentists on the Board of Dentistry website information about a previous action involving Dr. Robert G. Jamison, D.M.D., around July 23, 1996 surfaced. According to public records, Dr. Jamison, admitted to violating South Carolina standards of care in the treatment of two patients and submitted to disciplinary and corrective actions under S.C. Code Ann. Section 40-15-200 (Supp. 1996). He was ordered to pain a fine, one year probation, and 32 hours of remedial education course in removable prosthodontics.

The South Carolina Board of Dentistry website states their primary purpose is to oversee examinations, licensing certification, annual re-registration and regulation of dentist and dental professionals including dental laboratory technicians. The Board also investigates complaints and disciplines dentists and dental professionals. If you or your family has suffered injury because of the negligence or malpractice of a dental professional you can file a complaint with the South Carolina Board of Dentistry at http://www.llr.state.sc.us/POL/Dentistry/index.asp?file=complaint.htm. Contacting a South Carolina personal injury trial attorney experienced with medical malpractice lawsuits, involving dental professionals, may help you recover from your damages and injuries.

South Carolina medical malpractice jury verdict alerts by legal news reporter Heather L. Ryan.

News Source: JusticeNewsFlash.com – Press Release Distribution

By Mary Ellen Lloyd

Of DOW JONES NEWSWIRES

The U.S. Consumer Product Safety Commission issued a wide recall Wednesday of about 5.5 million roll-up and Roman window shades sold by such retailers as IKEA International AS, Williams-Sonoma Inc. (WSM) and Target Corp. (TGT) because of strangulation risks and deaths.

The recalls follow similar recalls earlier this year and last year and are part of the commission’s review of voluntary safety standards for Roman shades and rollup blinds, a commission spokeswoman said.

About once a month, a child in the U.S. dies from a window cord strangulation, said spokeswoman Arlene Flecha.

“These standards at the moment specifically for Roman shades and rollups are not adequate, so that’s something the commission is going to be working on with the industry,” she said. She could not immediately provide further detail.

Of six separate recalls Wednesday, the largest was one urging consumers to stop using 4.2 million roll-up blinds imported by Lewis Hyman Inc. after two infant boys were strangled in the blinds’ lift cord. The shades were sold exclusively at Target stores and on its Web site.

Another 763,000 shades imported from China and sold by Target were recalled because of a risk of strangulation.

The CPSC also recalled 120,000 Roman blinds distributed by Ikea and 85,000 Roman shades sold by Williams-Sonoma’s Pottery Barn Kids after some near strangulations.

The CSPC also recalled some blinds made by Vertical Land Inc. and Virginia Iron and Metal Co.

Target shares were recently up slightly at $46.61. Williams-Sonoma rallied 13% to 17.54 after reporting a surprise profit for the latest quarter and boosting expectations for this quarter.

Representatives of Target, Ikea and Williams-Sonoma couldn’t be reached immediately for comment.

Most window blinds have been redesigned over the years to exclude loops in the pull cords, and the CPSC and window coverings manufacturers have ongoing educational programs to retrofit or remove older blinds. But Roman shades and roll-up blinds have been the focus of the recent recalls. Both Roman shades and roll-up blinds typically have lifting loops that help raise the blind as a cord is pulled. The CPSC’s Web site has warnings specifically about those lifting loops.

-By Mary Ellen Lloyd, Dow Jones Newswires,
(Joan E. Solsman contributed to this report.)

Road-paving firm found negligent in collision
By Ryan Poe (Contact), Memphis Commercial Appeal
Saturday, August 15, 2009

A DeSoto County Circuit Court jury on Friday awarded a $30 million judgment to a teenager who received permanent brain damage in a traffic collision three years ago.

Ethan Bryant spent eight months in a coma after a gravel truck plowed into the side of his pickup in August 2006 at Malone and Goodman roads in Southaven.

Paul Scott, one of the attorneys representing the Bryant family, said the truck driver’s load was 20,000 pounds overweight and the driver had little experience.

“The jury held them accountable for hiring an unqualified driver,” said Scott, who has practiced in Hernando 29 years.

Bryant’s friend and passenger, Patrick Taylor, was killed in the collision. Both were 16-year-old students and athletes at Hernando High School.

The jury found that APAC-Tennessee Inc. — a road-paving company that hired gravel-truck driver Chad McCarty — was 70 percent responsible for the wreck.

The other 30 percent was split between McCarty and the company that loaded the gravel, which settled out of court.

McCarty pleaded guilty to manslaughter and aggravated assault and was put on 15 years probation.

Bryant, now 19, suffered a severe traumatic brain injury that left him incapable of living without help. His mother, Kateri Bryant, gave up her job to take care of her son.

“He requires 24-hour care,” said his dad, Carey Bryant. “It’s turned into my wife’s full-time job.”

He said the jury’s verdict was the first moment of justice he has felt in the past three years.

“I think the proudest moment we have was when all 12 jurors stood up and returned a verdict that APAC exercised extreme negligence,” he said. “DeSoto County residents spoke very loudly that these kind of trucking companies will not be tolerated.”

Circuit Court Judge Robert Chamberlin presided over the trial. Attorney Bill Luckett represented APAC-Tennessee.
– Ryan Poe:

The U.S. Justice Department sides with industry in its case against a Brainerd, Minn., woman, calling the $1.92 million verdict constitutional.

By ALEX EBERT, Star Tribune

Last update: August 15, 2009 – 8:01 AM

It’s a good day for the recording industry, but a bad day for the Brainerd woman who owes it $1.92 million.

The U.S. Department of Justice sided with the recording industry for the second time in a brief it released Friday that supports the constitutionality of copyright law and refutes a key argument in Jammie Thomas-Rasset’s appeal.

A Minnesota federal jury found Thomas-Rasset liable for allegedly downloading and distributing 24 songs on Kazaa, an online file-sharing network.

The Justice Department brief strongly supports the jury verdict and urged the court to leave constitutionality up to Congress.

One of Thomas-Rasset’s central arguments for an appeal has been that the jury’s verdict is unconstitutional and out of touch with reality. Her attorneys argue that the price for each song should be more like the actual market price — about $1.29 per song — instead of $80,000 for each music file.

But “the Court should defer to Congress’ reasoned judgment,” the briefing said. “The proper place for any policy debate of what should be the level of deterrence resides in the halls of Congress.”

In a first-of-its-kind trial in 2007, a jury said Thomas-Rasset was liable for $222,000 for downloading and distributing 24 songs, or $9,250 for each song.

Presiding Judge Michael Davis called the damages disproportionate and asked Congress to consider changing the copyright law. But the Justice Department sided with the recording industry, protecting the law that allows for fines of up to $150,000 per stolen work.

Davis later declared a mistrial because of improper jury instructions, which led a retrial in June, the verdict and damage award.

Texas lawyers Kiwi Camara and Joe Sibley took on Thomas-Rasset’s case pro bono, saying they disagreed with the Recording Industry Association of American’s mass litigation campaign and doubted the constitutionality of the current copyright law. The Recording Industry group has sued over 30,000 alleged file sharers; most defendants have reached settlements between $3,000 and $5,000.

On June 18, the retrial jury slapped Thomas-Rasset with $1.92 million in damages.

That award brought an outcry from attorneys who say that an $80,000 penalty for illegally downloading a song was out of line, and that U.S. copyright law was flawed.

But the Justice Department said such large sums offset the investigations and other costs for wronged copyright holders, whose profits have been gutted by file-sharers since the rise of the Internet.

The recording companies see the department’s brief as a validation of the industry’s campaign and arguments. Cara Duckworth, a spokeswoman for the recording industry group, said in a prepared statement, “We are pleased the administration has filed a brief supporting our position.”

Neither Thomas-Rasset nor her attorneys could be immediately reached.

The Associated Press
Posted: 08/13/2009 05:15:52 PM PDT

HENDERSON, Nev.—A $700,000 settlement has been reached in a wrongful death lawsuit filed by the family of a woman shot by a Henderson police officer in 2008.
Ice cream truck driver Zyber Selimaj sought at least $25 million in damages in the federal civil rights lawsuit.

Selimaj’s wife, Deshira Selimaj, was shot as she was attempting to help her Armenian-born husband communicate with police after he was pulled over for a minor traffic violation.

Police reported that the 42-year-old woman raised a knife and a coroner’s inquest jury later ruled the shooting was justified.

Henderson spokeswoman Kathleen Richards says the city stands by the inquest’s outcome but that city officials thought it was best to settle.

A call from The Associated Press to Selimaj’s attorney, Marc Saggese, was not immediately returned Thursday.

———

Grieving father gets nearly $11M in verdict against funeral protesters

By
Published: Nov 01, 2007 5:00 am by the Sun Journal

BALTIMORE (AP) – A grieving father won a nearly $11 million verdict Wednesday against a fundamentalist Kansas church that pickets military funerals out of a belief that the war in Iraq is a punishment for the nation’s tolerance of homosexuality.

Albert Snyder of York, Pa., sued the Westboro Baptist Church for unspecified damages after members demonstrated at the March 2006 funeral of his son, Lance Cpl. Matthew Snyder, who was killed in Iraq.

The jury first awarded $2.9 million in compensatory damages. It returned in the afternoon with its decision to award $6 million in punitive damages for invasion of privacy and $2 million for causing emotional distress.

Snyder’s attorney, Craig Trebilcock, had urged jurors to determine an amount “that says don’t do this in Maryland again. Do not bring your circus of hate to Maryland again.”

Church members routinely picket funerals of military personnel killed in Iraq and Afghanistan, carrying signs such as “Thank God for dead soldiers” and “God hates fags.”

A number of states, including Maine, have passed laws regarding funeral protests, and Congress has passed a law prohibiting such protests at federal cemeteries. But the Maryland lawsuit is believed to be the first filed by the family of a fallen serviceman.

The church and three of its leaders – the Rev. Fred Phelps and his two daughters, Shirley Phelps-Roper and Rebecca Phelps-Davis, 46 – were found liable for invasion of privacy and intent to inflict emotional distress.

Even the size of the award for compensating damages “far exceeds the net worth of the defendants,” according to financial statements filed with the court, U.S. District Judge Richard Bennett noted.

Snyder claimed the protests intruded upon what should have been a private ceremony and sullied his memory of the event.

The church members testified they are following their religious beliefs by spreading the message that soldiers are dying because the nation is too tolerant of homosexuality.

Their attorneys maintained in closing arguments Tuesday that the burial was a public event and that even abhorrent points of view are protected by the First Amendment, which guarantees freedom of speech and religion.
Earlier, church members staged a demonstration outside the federal courthouse. Church founder Fred Phelps held a sign reading “God is your enemy,” while Shirley Phelps-Roper stood on an American flag and carried a sign that read “God hates fag enablers.” Members of the group sang “God Hates America” to the tune of “God Bless America.”

Snyder sobbed when he heard the verdict, while members of the church greeted the news with tightlipped smiles.

AP-ES-10-31-07 1821EDT

Did you know that there are almost 4.7 million dog bite incidences a year in the U.S.? I’m not one to be paranoid, but sometimes statistics should make us perk up and pay attention. It might be a good idea to be mentally prepared for a dog attack, and what we can do legally afterward.

First, let’s start by discussing which dogs are most likely to be involved in an incident. The following breads have been statistically shown to be more aggressive:

* Pitbulls
* Rotweilers
(and to a lesser extend:)
* German SHephards
* Huskies
* Alaskan Malamuts
* Doberman Pinschers
* Great Danes
* St. Bernards

Although these breeds should be treated with a little extra caution, poorly supervised and trained dogs of any variety can be dangerous. Good defensive habits around dogs are a valuable skill.

Advice For Handling Threatening Dogs

1. Avoid baring your teeth, whether it be through a smile or any other expression. This is often seen as a primitive sing of aggression and can put the dog in an aggressive state.

2. While walking (or even just in general), have a defensive item on hand that can keep distance between you and the dog. This can be as simple as an umbrella, cane, or walking stick.

3. Use common sense strategies such as giving dogs a wide berth and not entering their territory unless absolutely necessary. Furthermore if you are visiting a friend/neighbor make sure they are present while you get to know the dog.

4. Remain calm. Dogs are extremely sensitive to your bodies signals and will become more agitated the more you tense up. Act casual calm, and confident.

5. If an attack is imminent, remain still and if necessary curl into a fetal position in order to cover vital areas of the body. Dogs often lose interest in still, noncombative prey. They also have an extremely strong chase reflex, so if you run you greatly increase your chances of getting attacked.

Legal Ramifications of an Attack

If getting attacked wasn’t bad enough, it can be extremely difficult to know what to do afterwards. What are your legal rights? Should you approach the owners, and if you do, what do ask of them?

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Watch this short video by Bill Hayes, it will put you on the right path of action:

For a free consultation with Bill, fill out the form on the right sidebar of this blog, or click the link here.