This third day's focus was intended to examine the truck itself, determining whether the vehicle had been equipped with adequate safety measures to protect its operators and passengers. A Mississippi State University professor provided expert witness testimony, arguing that a latch on the bucket door of the ladder would have entirely prevented the accident.
]]> Plaintiff attorneys have had their eye on the fire truck manufacturer since the trial's outset, according to official sources. They have argued that the manufacturer failed to provide adequate safety training and instruction to ensure that the firefighters understood the vehicle's operation. Further, safety belts had not been installed in the vehicle, and the ladder bucket latch was missing.The defense's legal team argued that local regulations had failed to specify whether safety belts should be installed in the vehicles. Harnesses were also not required, according to documents from a previous deposition.
The defense has also dubiously entered "blame the victims" territory by attributing the accident to human error. The group contends that the firefighters themselves might be responsible for their own deaths. When operating the ladder bucket, firefighters are supposed to pay attention so they don't hit anything, they said.
Blaming the victim for their own injury or death with regards to a safety mistake is always a shaky foundation on which to base a valid case. Generally accepted industry philosophy dictates that victims of accidents are unlikely to be the sole cause of their injuries. Rather, systematic errors failed them, allowing their normal human error to have fatal consequences. The firefighters in question may have made some mistakes, but fail-safes should have been in place to prevent small errors from turning into deaths on the job. Ultimately, most safety professionals would attest that the men were not to blame for their own demise.
Source: KLTV, "Firefighter death trial completes third day," Bob Hallmark, May 4, 2012.
]]>Two men, who were innocently walking their dog along a popular Galveston road, were struck by an oncoming car. The men, whose dog also died, had been walking along Seawall Boulevard during the early evening hours when they were run down by a man driving a Mitsubishi. The car accident might have been caused by intoxication, according to authorities, although the results of blood tests are still pending.
]]> A witness said he saw the small vehicle speeding. He followed the car to determine whether its occupants would be OK, and he saw the vehicle sliding off a turn sideways in a cloud of dust. The witness quickly rushed to the pedestrians' aid, but one of the men and the dog were dead when he arrived. The other man sustained massive head trauma and was unresponsive.Initial reports indicate that the Mitsubishi may have slid for more than a block before striking the pair. Ambulances rushed two of the vehicle's occupants to a nearby hospital. No information has been released about the extent of their injuries.
Witnesses said that the pedestrians, who were both in their early 20s, lived in the neighborhood near the seawall.
Officers said they recovered a narcotics pipe at the scene, but they would not report whether the driver was high while operating the vehicle. No arrests had been made yet. The accident is still under investigation, according to police.
Source: The Daily News, "2 people, dog killed in auto-pedestrian accident," Chris Paschenko, April 26, 2012.
]]>The Texas woman has filed a wrongful death suit against a Midwestern hospital after her husband died at the facility in May 2010. The woman, who is seeking a jury trial, said that medical malpractice caused her husband to die from ailments related to the surgical pad that was left inside his abdomen. She is seeking more than $50,000 on each of three civil counts.
]]> The woman's husband was transported to the hospital in April 2010 because he was experiencing severe pain in his abdomen, according to the claim. Physicians determined that he was suffering from diverticulitis, which is an intestinal condition. A surgical procedure was performed to fix the condition.But the man's condition worsened, and the physicians at the operating hospital said their resources were too limited to continue treatment. The man was transferred to a more advanced facility, where doctors performed a series of diagnostic tests. Physicians at that hospital determined that a foreign body was present in the man's abdomen, and they scheduled an emergency exploratory surgery, where the laparotomy pad was found.
Despite receiving intensive care, the man developed sepsis and died, according to medical records from the second hospital.
The woman is claiming that the physicians at the first hospital were negligent while performing the surgery. The medical team failed to meet an adequate standard of care during the man's treatment, the suit alleges.
Source: Star Courier, "Wrongful-death lawsuit filed against Kewanee Hospital," Margi Washburn, April 20, 2012
]]>The boy faces nine counts of murder and 17 counts of smuggling a person causing serious bodily injury or death. The boy has also been charged with evading because he fled from police officers and Border Patrol agents.
]]> When Border Patrol agents pulled over the suspicious-looking van, one person fled on foot and the driver sped away. The van crashed blocks away, leaving a parking lot strewn with bodies. The driver escaped but was later arrested at his home.Six people have been arrested in connection with the incident and additional charges are pending against them for harboring illegal immigrants. Additionally, four of the crash survivors have been held as material witnesses in the case.
A judge will decide whether the boy, who is currently being held in a juvenile detention facility, will be tried as an adult.
Prosecutors say that the adults who put the boy in charge of driving the van should be held accountable for their poor decisions. Department representatives said that the accident was almost guaranteed to happen, considering the young man's age and his minimal driving experience.
The case is tragic for everyone involved, but especially the families of the victims. The victims were likely coming to the United States because they wanted a life better than what they had in their home countries. The families will likely want the boy and the adults who put him in that situation to be held accountable.
Source: Fox News, "Texas boy, 15, charged with 9 counts of murder in crash of smuggling van," Associated Press, April 16, 2012
]]>The judge was hesitant about the terms of the settlement because of a fee associated with the $1.9 million award that would go to the man's 7-year-old son. A 40 percent fee was reportedly attached to the boy's portion of the settlement award, which the judge found unduly harsh, considering the circumstances.
]]> The boy's family had contended that he would experience emotional damage due to his father's death. The boy would have received love, comfort and social support from his father, according to court documents, which necessitated a significant financial sum to compensate for the man's death.During questioning, the Houston firm that runs the rodeo carnival refused to admit to any wrongdoing. Rather, lawyers for the group said that the settlement process was much easier than pursuing a jury trial, where the award given to the family members could have been significantly higher than the amount suggested for the settlement.
The annuity that would be provided to the man's young son would be guaranteed to pay about $2.6 million, with the possibility of expanding to $4.2 million depending on how long he lives. The judge was concerned about the fee on the boy's portion of the settlement, which would have gone to pay for prosecution and processing of case documents.
The man had fallen 30 feet to his death after his restraints on the roller coaster reportedly failed during the ride in 2011.
Source: Houston Chronicle, "Judge rejects settlement terms in rodeo coaster death suit," Cindy George, April 5, 2012
]]>The woman was killed when she was responding to an emergency call. She was traveling northbound when she approached the intersection. The vehicle that hit the patrol car was traveling eastbound through the intersection, according to the report. The black 2003 Ford Ranger pickup truck is said to have ignored the red light at the intersection.
]]> The impact caused the truck to spin around and collide with the patrol car a second time, launching the car into a light pole. After another 360-degree spin, the patrol car came to a rest and burst into flames. The trooper died at the scene, according to emergency medical responders.The driver of the vehicle, an 18-year-old man, and his 20-year-old passenger were both injured in the crash, but they are currently in stable condition. The report states that the truck was not connected to the emergency response call.
The report provides an initial look into the events that led to the trooper's death, though a final report is forthcoming, according to local authorities. Charges have not yet been filed.
And while it may be difficult for the victim's family to collect damages because the woman died in the line of duty, the accident should serve as a reminder to other drivers to obey the rules of the road.
Source: El Paso Times, "DPS report: Driver of pickup truck that struck Trooper Arana Jr.'s patrol car ran a stop light, " Daniel Borunda, April 3, 2012
]]>The woman's fiancé and daughter picked her up from The Basement Bar and Lounge, where she worked part time. She was planning on returning that evening to celebrate her birthday, just as she had done every year since she turned 21.
]]> But a drunk driver struck the car and pushed it 131 feet, according to police. The woman was pronounced dead at the scene. Her daughter was taken to University Hospital and pronounced dead around 2 a.m. The woman's fiancé was uninjured but witnessed the crash.After the accident, police drove the suspect's jeep to a parking lot, where he failed a field sobriety test and was arrested. His bail was set at $150,000, and he is being held at the county jail on two counts of intoxicated manslaughter.
According to Texas Department of Public Safety records, this is the third time the man has been caught driving while intoxicated. In 2006, the man was arrested on a DWI charge and served 75 days in jail. In 2008, his second DWI caused him to spend three days in jail.
Friends of the woman killed in the accident say that she always drank responsibly. She always thought of her daughter and made plans before beginning to drink. If the man who had hit them had done the same, she and her daughter might still be alive.
Source: San Antonio Express, "Mom's death stuns friends," Eva Ruth Moravec and Michelle Casady, Mar. 23, 2012
]]>The first truck accident involved the two tractor-trailers. According to preliminary reports from the Department of Public Safety, a tractor-trailer traveling eastbound on I-20 crossed the median and struck another tractor-trailer head-on.
]]> Following that collision, a truck transporting cattle drove through the debris, crossed the median and crashed in the eastbound lane. The truck driven by the only survivor later crashed into boxes of produce and collided with one of the 18-wheelers.The survivor says that she slammed on the brakes, which sent one of her two dogs into the windshield. The other ended up in the back seat. She immediately opened the door, called for her dogs and ran as fast as she could. She heard an explosion behind her as she ran from the accident.
According to the assistant fire marshal, the explosion sent the drive train and transmission from one of the trucks more than 100 feet north of the westbound lane. Fiery debris and flammable liquids were scattered in several directions, causing fires and thick, black smoke.
Though the DPS had not yet released the names of the accident victims, news reporters learned the identities from family members and friends. Another victim was a cattle rancher who had worked for the same company for 12 years.
When the investigation concludes, there could be several lawsuits filed against the trucking company that employed the truck driver who caused the initial accident.
Source: Midland Reporter-Telegram, "4 die in I-20 crash; 'I was terrified,' said sole survivor," James Cannon, Mar. 16, 2012
]]>The man is now listed in serious condition. He was an avid bicyclist and routinely rode around the city, often going to the grocery store or hardware shop. He was a safe rider and had years of experience in the area.
]]> The man was struck by a truck in the middle of the day while riding his bicycle in the left lane heading west when a truck hit him as it passed. The police have said that the vehicle was a light blue or gray Ford F-150 super-cab truck with tinted windows. Orange lettering along the bed of the truck near the driver's side tailgate has led authorities to believe it may be a work truck.Given the time and location of the accident, authorities believe that there were other vehicles and witnesses in the area. They are asking anyone who may have information to contact them.
The man lost his wife in a traffic accident seven years ago. In October 2005, the man's wife, who was eight months pregnant, lost her life and the life of her unborn child. The man was left to care for the couple's child alone, who is now 7 years -old.
The child is being cared for by an uncle, who tries to give the boy some sense of normalcy. If the hit-and-run driver is ever located, he could face a lawsuit filed on behalf of the victim. Any damages recovered in a lawsuit could help in the raising of the boy.
Source: Fort Worth Star-Telegram, "Hit-and-run driver sought in wreck that left Irving bicyclist in coma," Domingo Ramirez Jr., Mar. 07, 2012
]]>On a recent Monday, two men died as a result of a head-on collision. The Cadillac they were riding in hit a tow truck on MLK freeway around 2:15 a.m., and the two men were pronounced dead within minutes of each other. The tow truck driver was treated at a local hospital for a broken leg.
]]> According to witnesses, the men had just left a club in downtown Fort Worth. The Texas Alcoholic Beverage Commission hopes to determine whether or not the staff at the club over-served the driver. If the club is found to have acted inappropriately, the consequences range from fines to loss of liquor permits. The club could also be exposed to a wrongful death lawsuit.Another wreck on a recent Friday took the life of two high school students and critically injured another. The Trimble Tech student who was behind the wheel may have purchased alcohol during his lunch break, according to a tip from a fellow student. He was 17-years-old and his two passengers were 15.
While taking one of his classmates home, the teenager's truck weaved in and out of traffic and eventually collided with a SUV head-on. One young passenger died at the scene and the driver died later from his injuries. Those in the SUV suffered minor injuries.
Though no alcohol containers were found in the vehicle, investigators are following the lead. They are also tracking down the store where the teen may have purchased alcohol. His death was ruled an accident and his passenger's death was ruled a homicide. His family and whatever store the student bought alcohol from could also face the prospect of a wrongful death lawsuit.
Source: Fort Worth Star-Telegram, "TABC investigating fatal crash involving Trimble Tech students," Domingo Ramirez Jr. and Marty Sabota, Feb. 27, 2012
]]>According to preliminary police reports on the car accident, it appears that the driver of the truck was racing with another vehicle. The principal of Trimble Tech High School said that racing and speeding is a serious issue with young drivers. He hopes to get approval for a program to present to his 1,787 students about the dangers of racing and speeding.
]]> Racing not only puts the driver and his or her passengers at risk, it jeopardizes the safety of other vehicles. Drivers should not have to get out of the way because teens want to race and impress each other. Accidents caused by racing can leave a driver exposed to personal injury or wrongful death lawsuits.It is unknown if any of the occupants of the truck were wearing seatbelts. One girl died at the scene of the accident and the driver died from his injuries the next day. The four occupants in the SUV, two adults and two children, suffered minor injuries.
The accident occurred on Mitchell Boulevard, just blocks from the home of one of the girls. Her mother was alarmed when she did not call to tell her mother she was on her way home.
This isn't the first tragic car accident to affect Trimble Tech High School in recent memory. In the previous school year, two students died in separate accidents. On Dec. 3, 2010, a male junior student died in a crash. A few days later, another student of the same age also died in an accident.
Source: Star-Telegram, "Trimble Tech 'hit hard' by 2 teens' deaths," Domingo Ramirez Jr., Feb. 26, 2012
]]>Though a Texas Supreme Court decision 120 years ago set the precedent that pet owners could only sue for the market value of their pet in wrongful death cases, the appellate court agreed that a pet had "sentimental and intrinsic" value.
]]> A Texas couple's dog was picked up by animal control after escaping the family's back yard. When the husband went to pick up his dog from the animal shelter the next day, he did not have the money necessary to cover the release fees.The dog was given a "hold for owner" tag, and the owner was told he could come back the next day. But the dog was euthanized. The couple sued the shelter employee who they believed was responsible for the decision to euthanize the dog.
The case had initially been dismissed because the plaintiffs did not submit a claim for damages recognized by law. However, the appellate court sided with the pet owners, who believe their pet is worth more than they could fetch on the market.
Those in the pet industry are worried because they could be held liable for accidental deaths that may occur during boarding or veterinary visits. The shelter employee who was the defendant in the case has submitted an appeal to the Texas Supreme Court, but the court has not yet decided to hear the case.
Source: KPRC Houston, "Court asks how much a dog's life is worth," Feb. 15, 2012
]]>The27-year-old man whose death prompted the lawsuit was beaten to death in a hotel room in 2008. The man held primarily responsible not only beat the man until he died of his injuries, but he stole his property. The jury found that man responsible and awarded a total of $8,659,400 in damages.
]]> Nine people were originally listed as defendants in the lawsuit, but only seven were included when the trial began. Listed were the man who held most of the blame for the beating, two others who are believed to have participated in the beating, the two owners of the motel and two others.The other defendants did not show up to court and may face judgment if the judge decides to pursue them. The first man is currently an inmate in the Texas prison system for aggravated assault on a peace officer and is not allowed to have any assets. He cannot make payments.
The other defendants, however, can be pursued for payment. The attorney for the mother of the deceased said that the victory is certainly not without meaning. There is a chance that some of the award will be collected from the defendants not currently in prison, but ultimately it is about justice.
He said that his clients "wanted a verdict to set the record straight."
Source: KWTX, "Local Jury Awards More than $8.6 Million in Wrongful Death Suit," Paul J. Gately, Feb. 8, 2012
]]>The girl was taken to a hospital following the wreck, along with 28 other students and three adults. She was recently moved to a rehabilitation center where her mother says she'll spend at least one month.
]]> Following reconstructive facial surgery, the elderly bus driver is said to be healing well. He has not gained consciousness since the accident occurred, but he has moved his limbs and his head. Family members are staying at his side around the clock in case he regains consciousness. He is not in a coma. Tubes have been placed in his skull to relieve fluid pressure on his brain. It will take several days to see if the tubes make any difference in his recovery.His wife said that the support the family has received from the community has been heartwarming. Her husband has worked for the district for 27 years, and during that time it seems that he has touched many lives.
The driver of the Lowes truck has been cited for failing to stop at a stop sign. It is unknown whether the foggy conditions that morning factored into his failure to stop. The accident occurred on Jan. 17 at around 7:30 in the morning, said the Department of Public Safety.
Source: KWTX, "Local School Bus Driver Injured In Grinding Crash Recovers After Surgery," Feb. 4, 2012
]]>The lawyer, 41, was a Fort Worth native who dealt mainly with asbestos and mesothelioma lawsuits. He was well-known for winning multimillion-dollar settlements. The two passengers in the car accident were a 23-year-old male and a 21-year-old female.
]]> Investigators have learned that, at the time of the accident, the vehicle was traveling faster than the posted speed limit of 55 mph. It is unknown what the exact speed of the vehicle was.The car was speeding down Spur 348 when it struck the inside center curb. It went off the road and there was evidence of multiple surfaces being crossed, such as grass, asphalt and concrete. The car then hit a curb and went airborne. After going approximately 95 feet through the air, the car hit the guardrail to the canal. It broke through the guardrail and collided with the opposite side of the canal. The young adults had only met the attorney for the first time earlier in the evening.
When the vehicle came to rest, it was submerged under water. The wreckage was not discovered until maintenance workers saw the damage to the guardrail the next day. The car was lifted out with two bodies buckled in to the front seats. At that time, it was not known that there was a third victim. The final body was found by divers after receiving a tip.
While more details come to light, it appears that there may be grounds for a wrongful death lawsuit on behalf of each passenger. The families of those victims could consider consulting with personal injury attorneys to see if the attorney's estate should be held liable for the accident.
Source: Star-Telegram, "Police say speed a factor in fatal Porsche crash," Jan. 24, 2012
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