Mississippi Injury Lawyer Blog

Today was a rare day in Mississippi. Citizens awoke to find that the roads were covered in a thin layer of snow and a little ice, an anomaly for the Southern state, even during the winter months. Schools opened late as city officials hoped that later times would allow the snow to melt, making the roads safer for travel. It was a good move, especially since instances of car wrecks tend to increase when it comes to wintery weather, especially when motorists are not used to navigating icy streets.

According to the Clarion Ledger, the snow has accumulated up to four inches across central and east Mississippi already, creating "slushy driving conditions." Although meteorologists hope that the snowfall should clear by noon, "multiple bands of snow" are still making their way across the state. Mississippi car accident attorneys know that while this may mean an extended snow day, which is extremely exciting for some (i.e. kids hoping to get an early break from school), it also translates into an increased potential for car wrecks.

Continue reading "Driving Conditions Brought on By Snow Day in Mississippi Sure to Cause Car Accidents for Motorists " »

Fatalities stemming from DUI-related car accidents are steadily on the rise, despite the enforcement of harsher penalties and fines for offenders. Perhaps this increase is what prompted the National Transportation Safety Board to release an advisory that all states should implement the use of ignition locks for motorists convicted of drunk driving. The press release, disseminated this month, says the locks are actually specially designed devices meant to prevent a car's engine from starting if the driver fails a breathalyzer test. Under the recommendations by NTSB, the lock requirement should even be extended to first time offenders. It seems that several states have already put a similar plan into effect.

According to Associate Press reporter Joan Lowry, approximately 17 states already require the locks for all convicted drunk drivers. The devices are seen as the best "available solution to reducing drunken driving deaths, which account for about a third of the nation's more than 32,000 traffic deaths a year." They are not at all difficult to operate. Writes Lowry, "Drivers breathe into breathalyzers mounted on the vehicle's dashboard. If their breath-alcohol concentration is greater than the device's programmed limit -- usually a blood alcohol concentration of 0.02 percent or 0.04 percent -- then the engine won't start." There is even talk of one day installing the engine locks into all new vehicles, which would mean that eventually all drivers would be subject to testing before cranking up their motors.

Continue reading "Ignition Locks May be the Solution for Drunk Drivers in Wrong Way Car Crashes" »

The failure to slow down and buckle up can have widespread (and costly) ramifications at anytime, but this is, apparently, especially true when you find yourself traversing Mississippi's roads and highways. A recent study published in Reader's Digest found that Mississippi indeed has some of the nation's most dangerous roads, with a majority of car accidents occurring due to speeding and improper safety measures. In fact, the statistics show that with approximately 27 road deaths per 100,000 Mississippians, the state languishes at the bottom of the list in the U.S. when it comes to safe roads.

Personal injury lawyers, however, know that while speeding and lack of seatbelt usage are the primary culprits, it is actually a combination of conditions/events that account for Mississippi's "dangerous" status. These additional reasons include distracted driving, poorly lit rural roads and insufficient maintenance.

Still, more than half of those who perished while driving on Mississippi's roads in 2010 were not wearing a seatbelt. In response to the alarming numbers of deceased who perished while not wearing a seatbelt, Mississippi joined the nation in implementing a program specifically targeted at encouraging motorists to buckle up. In fact, the aptly named "Buckle Up, Mississippi!" program, and law requiring motorists to fasten their belts, seems to have experienced a certain amount of success.

Continue reading "Navigating Mississippi's Dangerous Roads and Avoiding Car Crash Fatalities: "Buckle Up, Mississippi. It's the Law!"" »

With an increasing amount of states opting to implement a ban on texting while driving, the state of Mississippi may very well be next. As of June 2012, though, Mississippi legislators chose to ignore or table all distracted driving measure proposed for the present year, making Mississippi one of 11 states who have yet to address this issue. Mississippi car accident attorneys, however, know that that doesn't mean such legislation isn't peeking over the horizon. According to a report by USA Today, "Growing concern over the continued use of cell phones by drivers has some states reviewing laws against the practice and exploring stiffer fines and harsher penalties."

In fact, many will recall that In December of 2011, the National Transportation Safety Board (NTSB) distributed a press release calling for an outright and nationwide ban of all electronic devices for motorists after studies appeared to show that texting was the primary cause of several fatal crashes. The NTSB, however, does not possess the power to enforce such a ban, leaving the ultimate decision up to the discretion of individual states. Many states took the all-to heart, but while Mississippi earnestly considered similar legislation, contrary to the majority of states, lawmakers here seem to believe laws already in place are doing enough to curb instances of distracted driving - for now that is.

Continue reading "More States Adopt Harsh Stance on Texting While Driving: Hope to Reduce Car Crashes Due to Distracted Driving" »

Mississippi Rep. Tommy Reynolds, a Democrat, joined the National Conference of State Legislatures Law and Criminal Justice committee co-chairmen, South Dakota Sen. Joni Cutler, a Republican, in backing a recent letter that encouraged other house leaders to express their "strong, bipartisan opposition" to federal medical malpractice reform because it would infringe upon states' rights, reports Julian Pecquet at Healthwatch. Healthwatch is touted as Capitol Hill's healthcare blog on their website.

The letter came in response to House Republicans efforts to pass a tort reform bill (H.R. 5) that would cap non-economic damages at $250,000. Non-economic damages include things like pain, suffering, emotional distress or mental anguish. Pecquet says legislators want the bill to pass "next week as a way to pay for repealing the health reform law's Medicare cost-cutting board" by stabilizing medical malpractice insurance rates.

Continue reading "Mississippi State Representative Opposes Medical Malpractice Tort Reform Bill: Bill Would Unfairly Cap Plaintiffs' Damages" »

When we step through the doors of a retailer, we expect that the representation made to us by that retailer will be trustworthy, and we also expect that retailer to ensure that the products sold in that establishment are safe. However, unfortunately, this does not always turn out to be the case. As reported by the San Diego Union Tribune, the well know sports and nutrition retailer, GNC, is now under fire for selling unsafe products, and may possibly be liable for fraud as well as negligence relating to a products liability claim.

The suit was filed by Lynette Bates, a Southern California woman who bought a pre-exercise drink powder called C4 Extreme last summer. The pre-exercise drink promised "explosive workouts." According to a class action lawsuit filed this month in Los Angeles Federal Court, a substance originally created as an over the counter decongestant has been illegally and unsafely sold in widely marketed sports supplements. The compound, 1,3-dimethylamylamine, also known as DMAA, is "illegal and dangerous," according to the complaint. The lawsuit also claimed that "experts in the industry have become concerned that this potent stimulant drug will lead to serious health issues and even death."

Bates sued the retailer of the product, GNC, and Cellucor Sports Nutrition, which manufactures, distributes and markets the supplement, for "making false and unsubstantiated representations concerning the efficacy, safety and legality of C4 Extreme," among other claims. Cellucor's parent company, Woodbolt International, is also named in the suit.

According to the San Diego Union Tribune C4 Extreme is no longer manufactured with DMAA. But the substance can still be found in a variety of dietary supplements aimed at boosting physical performance or weight loss, such as Jack3d (pronounced "jacked") and OxyELITE Pro, which are sold online and at retail stores. Medical experts say there are potential health risks from consuming DMAA. "What we've seen is that DMAA in supplements has been connected to situations where the heart has gone suddenly into failure due to excessive stress," said Dr. Pieter Cohen, an assistant professor at Harvard Medical School.

Continue reading "Well Known Retailer, GNC, Under Fire for Selling Possibly Dangerous Product" »

"According to the U.S. Surgeon General, about 5,000 kids under 21 die every year as a result of underage drinking - from car crashes, homicides, and suicides" and DUI car accidents continue to claim the lives and limbs of young people in Mississippi, according to the Clarion Ledger. Events like graduation and prom seem to create opportunities for intoxication. In fact, when the Mississippi SmartTrack Survey was administered in grades 6 through 11 during the 2007-2008 school year it found that alcohol is the most commonly used drug among Mississippi students. Across all grades surveyed, 34.8% reported past-90-day use and 26% reported 30-day use. For Mississippi car accident attorneys, these are incredibly alarming statistics.

Per The Century Council, there were 37 alcohol-impaired driving fatalities in Mississippi in 2009 alone, and 4.1 percent of accidents involved drivers under the age of 21. It's no wonder then, that there are several state-wide campaigns targeting youth. The Mississippi Underage Drinking Prevention Coalition of Hinds County (MUDPC-HC), founded in 2008, launched one of the most recent campaigns, designed to keep alcohol out of the hands of minors. With posters featuring messages like "Alcohol is not the only way to have fun" at the center of their movement, the organization professes to be a collaboration between three free-standing prevention programs: Jackson State University's Metro Jackson Community Prevention Coalition and Interdisciplinary Alcohol and Drugs Studies Center, and Alcohol Services Center, Inc. Metro Jackson Community Prevention Coalition. Its goal is to reduce alcohol usage and related consequences to include alcohol-related motor crashes, binge drinking and drinking among youth between the ages of 11-21 in Hinds County, Mississippi.

Continue reading "Mississippi Targets Underage Drinking: Hopes to Curb DUI Car Accidents and Highlight Gaping Loophole in State Law" »

According to the U.S. Consumer Product Safety Commission, more than 1.7 million Tassimo single cup coffee brewers and another 4 million Tassimo espresso coffee pads were recalled on Thursday, February 9, 2012, after reports that dozens of consumers were sprayed with hot liquid. Some consumers were severely burned and suffered extensive personal injury. As reported by USA Today Money and Reuters.com, among the more than 160 consumers injured was a 10-year-old girl from Minnesota, who was hospitalized with second-degree burns on her face and neck, and a 2-year-old girl from Canada with second-degree facial burns.

Tassimo has initiated two separate voluntary product recalls, and information regarding these recalls was posted on the consumer watchdog website early Thursday. This voluntary recall effort was likely initiated by Tassimo in an effort to not only protect consumers, but to also shield itself from further exposure to products liability claims. The first recalled 835,000 Tassimo Single-Cup Brewers in the United States and an additional 900,000 in Canada, and was issued by the manufacturer, BSH Home Appliance Corporation, of Irvine, California.

According to the statement on the consumer product safety website: "The plastic disc, or T Disc, that holds the coffee or tea can burst and spray hot liquid and coffee grounds or tea leaves onto consumers using the brewer and onto bystanders, posing a burn hazard,"

The specific items recalled were Tassimo brewers with the Bosch brand name, which have either "BOSCH" or "TASSIMO" printed on the front, with codes of FD8806 through FD9109. Also recalled were Tassimo Professional brewers, with "TASSIMO PROFESSIONAL" on the front and codes of FD8905 through FD9109. The brewers subject to the recall were sold in stores and online from June 2008 through February of this year.

Continue reading "Tassimo Coffee Brewers Recalled After Customers Report Burn Injuries" »

If we're to believe researchers, the economic downturn may just have some unforeseen benefits. A study in Florida purports to have found a potential link between a significant drop workers' compensation claims made by Tampa Bay construction workers and the loss of construction jobs. The study, which is to be released at the American Academy of Orthopaedic Surfeons' annual meeting, finds that traumatic orthopedic injuries dropped by 16 percent, and, HealthDay reporter Randy Dotinga writes, this may confirm a trend that surgeons have reported over the years.

Workers' compensation attorneys know that orthopaedic trauma resulting from falls on construction sites are is among workers. Such incidents can cause fractured ankles, shinbones and heel bones, according to study author Dr. Daniel S. Chan, staff orthopedic surgeon at Florida Orthopedic Institute in Tampa. Chan and his co-authors found that cases of orthopedic trauma indeed underwent a decline: from 2,065 in 2007 to 1,743 in 2009, a drop of 16 percent. The unemployment rate in the county rose correspondingly, from 4 percent to 10.7 percent. During that time, construction worker employment also fell - by a whopping 36 percent between 2006 and 2009.

The researchers still couldn't confirm a direct correlation between job loss and a decrease in injury, writes Dotinga, but they closely examined the number of trauma cases treated at the Florida Orthopedic Institute from 2001-2009 and then looked for corresponding factors reflecting the rise and fall of the economy during that same time span.

Continue reading "Less Jobs Equals Fewer Worker's Compensation Claims: Economic Downturn To Blame" »

The mother of Todd Brown, a 14 year old middle school student who was shot and killed at school Feb. 5, 2010, has filed a lawsuit against the young man's accused shooter, the shooter's parents and various school officials. The complaint was filed earlier this month in the Madison County Circuit Court by the family's attorney, Birmingham attorney Erik Heninger.

At the time of the shooting, Todd was a student at discovery Middle School, in Madison County, Alabama. The wrongful death lawsuit filed by Towanda Moore, Todd's mother, seeks unspecified damages against the Madison County Board of Education, Madison Superintendent Dee Fowler, Hammad Memon, who has been charged with Brown's murder, Memon's parents, Iqbal and Safia Memon, and other unnamed defendants. The lawsuit also names current Discovery Middle School Principal Robbie Smith. Even though Smith was serving at another Madison school at the time of the shooting, the complaint filed my Todd's mother alleges that Smith's negligent actions lead to Todd's wrongful death. Sharon Willis, who is now the at-risk coordinator for Madison City Schools, was the Discovery principal at the time of the shooting.

The lawsuit alleges that school officials and Memon's parents knew he was a discipline problem and emotionally troubled. The lawsuit alleges that system officials were negligent in allowing Memon to make an out-of-zone transfer from Liberty Middle School to Discovery Middle School. The suit contends there are "several student accounts of Memon bringing a gun to Discovery Middle School campus several times prior to the gunning down of Todd Brown."

According to AL.com, Memon was also 14 at the time of Brown's shooting, now faces a murder charge and is scheduled to go on trial as an adult on June 18. Memon is being defended by attorney Bruce Gardner in the criminal case. Gardner said he will not be handling the civil case and does not know who the family will retain because he has not talked with them since the lawsuit was filed. Gardner did say he would expect the civil attorney to "not allow depositions to go forward until the criminal case is over."

Continue reading "Wrongful Death Lawsuit Filed by Mother of Student Killed in Alabama School Shooting" »

Fatal car accidents always leave the loved ones of the victims feeling a mixture of emotions and wondering what could have been done to prevent the untimely deaths. The case of Matther Hoskins and Evan Raasch, tow good friends from Grady County, Oklahoma, was no different. But the high-speed car crash that killed the two teenage boys in Chickasha, Oklahoma last year has left their parents embroiled in a bitter lawsuit.

As reported by Newsok.com, the mother of Evan Raasch, 15, who died riding in a souped-up car last year, has sued the parents of the driver. Evan's 17-year-old friend and driver of the car, Matthew Hoskins, also died in the crash. Briana Hoskins, 15, the sister of the driver, was thrown 92 feet from the point of impact but survived, according to the Oklahoma Highway Patrol. The wreck happened about 3:45 p.m., about 700 feet south of County Road 1380 at County Street 2760, just south of Chickasha. Hoskins was passing three vehicles when he lost control due to excessive speed and went into a skid, the lawsuit alleges. The car then hit a tree. Evan Raasch was thrown from the car and died on the way to the hospital. Matthew Hoskins died at the scene. The car was not equipped with air bags, and no one in the car was wearing a seat belt.

Karla Raasch, Evan's mother, filed the lawsuit alleging negligence in Grady County on January 12, 2012. The suit alleges the car was traveling more than 100 mph at the time of the wreck. According to the lawsuit, the car was modified with a nitrous oxide kit. The lawsuit names the estate of Matthew Hoskins and Mack and Cammy Lyons, Matther's parents, as defendants. The suit asks for damages in excess of $1 million.

According to Ron Durbin, Raasch's attorney, photographs of the wrecked car show a nitrous oxide bottle hanging out of the trunk. Nitrous oxide is used to enhance engine performance. The kit is legal to install in a vehicle for a racetrack or for drag-racing but not for use in a vehicle on a public roadway, Durbin said.

Continue reading "Fatal Car Accident- Fueled by Nitrous Oxide - Causes the Wrongful Death of Two Teens " »

If a bar or restaurant continues to serve a visibly drunken patron, should that establishment be held liable for the actions of that drunken patron? Is it a bar's responsibility to ensure that their passengers do not leave the establishment and subsequently cause harm to others? These are just a couple of the issues that a Washington State Superior Court will have to delve into in the wrongful death and negligence case filed by the estate of a man who was killed in a drunk driving accident.

According to The News Tribune, a complaint filed in the Pierce County Superior Court by the estate of Samuel Stephens alleges that Stephens, a youth pastor who was killed in a DUI car accident, might still be alive had a Sumner, Washington bar not over served the drunken driver who ran into him.

The lawsuit was filed against Captain Jack's Bar and Grill and its owners, Lee and Penny Hogenson and Horst and Janice Vierthaler and is seeking unspecified damages. The lawsuit also names Joseph P. McNeil as a defendant. McNeil was the drunken driver who was convicted of killing Stephens. As reported by The News Tribune, Stephens, who was 24 years old, died on September 6, 2010. Stephens was driving on Stewart Road in Pacific about 2 a.m. when McNeil's car crossed the center line and hit him. McNeil pleaded guilty to vehicular homicide and in April was sentenced to two years, seven months in prison. As part of his plea deal, he admitted being under the influence of alcohol at the time of the crash.

According to the lawsuit filed by Stephens' estate, McNeil consumed the alcohol, way too much of it, at Captain Jack's Bar and Grill. He complaint states: "Over the course of many hours, owners and/or employees of defendant ... sold numerous alcoholic beverages that were consumed by defendant McNeil," the lawsuit states. "McNeil eventually departed in the early-morning hours of Sept. 6, 2010, in an obviously intoxicated condition."

Continue reading "Should Bars and Restaurants who Serve Alcoholic Beverages be held Liable for the Actions of Their Drunken Patrons?: This Issue Will Soon be Determined in a Washington State Superior Court" »

Normally, a medical malpractice lawsuit involves several factors, including proving the applicable standard of care, securing witnesses, confirming the facts of the incident, determining the extent of the patients injury or damages, and preparing for trial. However in the case of one Jackson, Mississippi couple, these factors did not apply. In a sense the resolution of this case was to the advantage of this couple, but in some ways it is a testimonial to the severe injury and pain that this couple clearly suffered.

On Tuesday January 10, 2012, Hinds County, Mississippi Judge Bill Gowan awarded Daschica Thomas and her husband, Christopher Thomas of Jackson, Mississippi $600,435 in a lawsuit arising from a pregnancy termination procedure that Mrs. Thomas received in 2003.

According to the Clarion Ledger, the Thomas' medical malpractice lawsuit was filed against Dr. Joseph Booker in 2005. At the time Mrs. Thomas received her procedure, Dr. Booker was practicing at what was previously known as the Jackson Women's Health Organization abortion clinic. In addition to Dr. Booker, the lawsuit also names the clinic, the National Women's Health Organization of Jackson, and others as defendants.

Mr. and Mrs. Thomas alleged in their lawsuit that Booker stopped performing the pregnancy termination shortly after starting it and said he was unable to finish it. Dr. Booker recommended that Thomas come back so it could be completed by another doctor. According to the Clarion Ledger, the Thomas' complaint states in part: "Booker did not recommend antibiotics to her," according to court papers. Thomas, a diabetic, began cramping and went home, but there "she continued to spot, bleed and she felt dizzy, sick and feverish." As a result of Dr. Booker failing to complete the procedure, Thompson suffered sepsis poisoning, and fell into a coma for a week and half.

Mr. and Mrs. Thomas were saved the possible agony and anguish of reliving their injury at trial because the defendants, Dr. Booker and the Jackson Women's Health Organization failed to respond to their complaint. As a result of the defendants' failure to answer, Judge Gowan entered a default judgment in favor of the plaintiffs, Mr. and Mrs. Thomas.

Continue reading "Jackson, MS Couple Victorious in Medical Malpractice Lawsuit Regarding Doctor's Refusal to Complete Pregnancy Termination Procedure" »

Two Georgia men died over the weekend in an unfortunate car accident in southern Mississippi. The men, both of whom hailed from Georgia, were traveling with a group of friends to New Orleans for the BCS championship game when their motorhome experienced a tire blowout, ejecting several people from the recreational vehicle. Mississippi Highway Patrol Cpl. Todd Miller confirmed that the motorhome blew a front tire, and ran off Interstate 59 in Forrest County, Mississippi, before striking a tree in the median. Of the 14 people riding on the 2002 Freightliner, 10 were injured, aside from the two fatalities.

The owner of the vehicle, a 70-year-old man and former NFL player, Solomon Brannan reported to the Associated Press that he had allowed his friends to borrow the home for this trip, after he was unable to go. One of the deceased, 61-year-old Allen Holt, was a professional bus driver, but the blowout he encountered while on the road in the large vehicle was one even the most experienced driver might not be able to overcome. The second victim, Darryl Parker, had been injured in a previous car crash almost 17 years ago. In a striking turn of events, in 1995 Parker was partially paralyzed and left in a wheelchair after an accident that occurred while he was on the way to a game, but he survived. Unfortunately, this was an incident that claimed his life.

Normally, the tread on a motorhomes tires are designed for extensive wear and tear. Blowouts sometimes result when the tires have aged, and, as this unfortunate incident demonstrates, can be deadly at high speeds. Experts advise that motorhome tires be changed every seven years, especially because over time exposure to sunlight can result in cracks in the tires themselves, serving as a kind of warning before the actual blowout occurs.

Continue reading "Motorhome Blowout in Mississippi Results in Fatal Crash" »

Only a few days after Christmas, one Mississippi man received news that no plaintiff to a lawsuit wants to hear, that his jury award, which had been the largest verdict awarded to a single plaintiff in an asbestos case, had been vacated. The jury award was vacated by Mississippi judge William F. Coleman in an order signed on December 27, 2001. According to Forbes.com, the plaintiff, who had suffered personal injuries, or "asbestos maladies," as a result of being exposed to the chemical, was awarded $322 Million dollars by a Mississippi jury in May 2011.

According to the Wall Street Journal Law Blog, Thomas Brown Jr. filed the case styled Brown v. Phillips Co., 2006-196, in the Circuit Court of Smith County, Mississippi in 2006. Brown, who worked in the Mississippi's oil fields from 1979 to the mid 1980's, was later diagnosed with asbestosis. According to Brown's lawsuit, he acquired the condition as a result of inhaling asbestos dust while mixing drilling mud sold by Chevron Phillips Chemical and manufactured by Union Carbide Corporation, which was tainted with asbestos used as a thickening agent.

The jury found that Chevron Phillips and Union Carbide were liable to Brown in this product liability case, for defectively designing their product and failure to provide an adequate warning. Brown, who was 48 at the time of the award in May, said he was diagnosed with asbestosis and required to take oxygen 24-hours a day. As a result, the judgment included awards for medical expenses, damages for pain and suffering, and punitive damages. In total, Brown was awarded $322 million - $22 million in compensatory damages, and $300 million in punitive damages. According to Brown's lawyer, Allen Hossley, this was the biggest asbestos award ever to a single plaintiff. However, only months later, this award was vacated.

According to Bloomberg.com, Brown's award was overturned as a result of Carbide asking the state Supreme Court to overturn the verdict. Both companies claimed that Smith County Circuit Judge Eddie Bowen, the judge who had presided over Brown's case, had a conflict of interest because his parents had been involved in asbestos legal claims, including one against Union Carbide. According to the Associated Press, Union Carbide first asked Circuit Judge Eddie Bowen to toss out verdict shortly after the record award was handed down. They also asked Bowen to step down from the case. When Bowen didn't respond, Union Carbide went to the Supreme Court and asked the justices to remove him.

Continue reading "Largest Asbestos Verdict in History Tossed Out by Mississippi Judge" »