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Archive for the ‘ Court Radio ’ Category

$7M Settlement in 2015 Car Crash that Killed Missouri Driver

Image credit © iStockphoto.com/tillsonburg

The family of a 34-year-old Missouri man who was killed in 2015 when his vehicle was rear-ended by another vehicle at high-speed has reached a $7 million settlement in the case.

The victim, Aaron C. Overman, was sitting in his car at a red light on March 27, 2015, at the intersection of U.S. 24 and Blue Mills Road in Independence, Mo., when his car was struck from behind by a pickup truck “that may have been traveling as fast as 82 mph,” according to a June 21 story by The Kansas City Star. Overman was killed in the crash.

The driver of the pickup truck, Theron Michael Stockbridge, 22, of Sibley, Mo., is charged with involuntary manslaughter and leaving the scene of an accident in connection with the crash, the paper reported. Stockbridge is incarcerated and is scheduled to go on trial July 11.

Overman’s widow, Alexa Overman, filed a wrongful death lawsuit against Stockbridge and his uncle, James Allen Stockbridge, as well as the uncle’s employer, APAC-Kansas Inc., which is a road materials company. James Stockbridge had been transferred earlier by his employer to a different work location and was permitted to drive his company-owned pickup truck back and forth from home to work, the story reported.

James Stockbridge then allegedly allowed his nephew, Theron Stockbridge, to drive the company-owned pickup on the night of the crash, the story reported.

Alexa Overman’s lawsuit alleged that APAC-Kansas was “negligent in entrusting the vehicle to Stockbridge, who had ‘a history of reckless behavior,’ including DUI,” the story stated.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$7.7M Jury Verdict for Missed Blood Clot in Medical Malpractice Case

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The family of a 50-year-old woman who died in 2012 from a pulmonary embolism after being treated for a broken leg following a skiing accident will receive a $7.7 million verdict after a Philadelphia jury ruled in their favor in a medical malpractice case in May.

The lawsuit, which was filed on behalf of the estate of Ingrid Clark, alleged that the doctors who treated Clark’s broken knee bone in March 2012 failed to properly monitor her for a possible embolism after undergoing surgery for the break and immobilizing her leg, according to a June 5 story by The Legal Intelligencer.  The lawsuit was filed in the Philadelphia Court of Common Pleas by Brian Durfy, the administrator of Clark’s estate.

Clark underwent surgery at Thomas Jefferson University Hospital in Philadelphia for the break and was released after three days, with orders to use a wheelchair and not put weight on the leg for another eight to 12 weeks, according to a plaintiff’s memo cited by the story. Then, in mid-May of 2012, the victim became nauseous and dizzy and passed out, causing her to be taken back to Jefferson Hospital for emergency treatment where she was determined to have a racing heartbeat and shortness of breath, the story reported.

An electrocardiogram (EKG) showed normal results and she was “diagnosed with stomach flu and dehydration, and discharged after about five hours, ” the report continued. “Two weeks later, Clark became dizzy again, but she also began vomiting and experiencing chest pain. Then she collapsed and struggled to breathe. Emergency services were called, but Clark went into cardiac and respiratory arrest and was unable to be resuscitated.”

The cause of Clark’s death was a “massive pulmonary emboli,” according to the plaintiff’s memo.

“Durfy contended that the leg injury and the fact that Clark had been largely immobilized were obvious and should have raised a red flag that she was at risk for pulmonary embolism,” the story reported. “The EKG findings also should have signaled to the doctors that she was at risk for a pulmonary embolism,” according to the plaintiff’s memo.

The woman’s doctors “should have performed additional tests to rule out a pulmonary embolism, including blood tests, chest scans, ultrasound or echocardiogram,” the report continued. “Had those tests been performed and the emboli detected earlier, the condition could have been properly treated,” the plaintiff’s memo said.

In addition to Jefferson Hospital, Dr. Alan Forstater was also named in the lawsuit. Another doctor, David Morley, was dropped from the case before the trial, the story reported.

The jury found Forstater and Jefferson Hospital to be negligent after five hours of deliberations, with each 50 percent liable for the woman’s death, the story continued. Clark, who was also survived by her parents, worked for about 24 years as vice president of community affairs and advocacy for Johnson & Johnson, the story reported.

These kinds of cases are a somber reminder that patients and their families must be vigilant about the medical care they receive so they know what is being done for a patient’s care every step of the way. But at the same time, patients and families aren’t doctors and they can’t know every question to ask.

That’s where skilled, expert, compassionate and thorough legal representation is needed by patients and their families who have been harmed by medical malpractice and errors or omissions during their treatment. These kinds of cases happen on a regular basis, but they can be fought by legal teams that are prepared to battle for their clients’ rights all along the way to a fair settlement or to a just verdict.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a similar medical malpractice, birth injury or related case anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$32.4M Verdict to Family of Woman Killed When SUV Crashed into Store

Image credit: © iStockphoto.com/alexskopje

As she walked into a Massachusetts convenience store in November 2010, 43-year-old Kimmy Dubuque was struck and killed by an SUV that accidentally was driven forward by its 81-year-old driver from the parking lot into the storefront.

Her survivors have been awarded a $32.4 million verdict by a Massachusetts jury in connection with Dubuque’s death, according to a Feb. 24 by FairWarning.org. Dubuque was killed when the out-of-control SUV was able to crash into the storefront because no protective bollards had been placed in front of the store to prevent just such a tragedy, the story reported.

Dubuque, of Chicopee, Mass., was about to walk into a Cumberland Farms convenience store in Chicopee when she was struck by the errant SUV and pushed inside the store, the story reported.

The family’s lawyers contended that Framingham, Mass.-based Cumberland Farms, which runs a chain of convenience stores and gas stations across the Northeast, was at fault in the death because it did not install 6-inch-thick bollards in front of store entrances, the story reported. These kinds of storefront crashes have become more common in recent years and could result in fewer injuries if such bollards would be installed to keep pedestrians safer, the story reported.

Lawyers for the woman’s husband and daughter “accused Cumberland Farms of dragging its feet in installing bollards throughout the chain, including some 250 to 300 stores that were excluded when it the company began installing them at some stores in 2011, according to the story. “In addition, evidence shows that after determining that arrays of 6-inch-wide bollards could be installed at a per-store cost of $3,000 to $3,500, Cumberland Farms switched to narrower posts and thinner steel to save money.”

Cumberland Farms stores have had some 485 car strike incidents between 2000 to 2009 at its 500-plus East Coast convenience stores, based on records submitted in the case, the story reported. Other retail store chains, including Starbucks, Dunkin’ Donuts and 7-Eleven, also see such incidents in front of their stores, the report continued.

The victim’s family was also awarded about $15 million in interest by the state court jury because the case was originally filed in May of 2012. Most of the original $32.4 million verdict was awarded for punitive damages.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$6M Settlement in Teen’s Drowning Death in Apartment Complex Pool

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The family of a 14-year-old boy who drowned in an apartment complex swimming pool in Swatara Township near Harrisburg in June 2015 has reached a $6 million settlement with several defendants in connection with the boy’s death.

The boy, Benjamin Dodoo, died June 17, 2015, while he swam in a pool at the Aspen Hill Apartment complex in the 5000 block of Stacey Drive East in Swatara Township, Dauphin County, according to an earlier report by PennLive.com.

The swimming pool had on-duty lifeguards when the boy drowned, “but they were situated too far from the pool and were unable to observe the swimmers properly,” according to a May 31 story in The Legal Intelligencer. At some point that day “patrons saw that Dodoo was at the bottom of the pool and had been there ‘for a considerable amount of time.’ Another pool patron then swam to the bottom to get him out of the pool, and found him unresponsive,” the story continued.

The lifeguards on duty, Vanessa Jelyzkova and Ozlem Suel, “looked on, unsure as to what was happening and what they were supposed to do” as the victim was being pulled from the pool, according to the plaintiff’s complaint as reported by The Legal Intelligencer. “One of the patrons began performing chest compressions, the complaint said, and Jelyzkova eventually began providing CPR. Suel made no effort to assist in the resuscitation, the plaintiffs alleged.”

Eventually, Jelyzkova was “brushed aside by a patron with CPR training” after the lifeguard was “observed improperly providing compressions to Benjamin Dodoo’s abdomen,” the story reported.

Paramedics arrived and tried to resuscitate the boy, but were unsuccessful and he was pronounced dead, the story reported.

Dodoo’s parent’s, Eric Doku and Comfort Dodoo, filed a wrongful death lawsuit in connection with the incident against Chambers Ridge, the apartment complex owner; Altman Management Co., the property manager; Aquasafe Pool Management Inc., the pool management and safety contractor; and both of the lifeguards, the story reported. The lawsuit alleged that the lifeguards were improperly hired, trained and inadequately equipped by the defendants. The lawsuit also sought damages for negligent infliction of emotional distress, loss of consortium and breach of contract.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in an incident or vehicle crash anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive. It is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$1.19M Verdict in Pennsylvania Underinsured Motorist DUI Car Crash

Image credit © iStockphoto.com/tillsonburg

A Beaver County woman who was a passenger in a car that was hit head-on by a drunk driver in New Brighton, Pa., in July 2012 has been awarded $1.19 million in damages by a jury in her underinsured motorist (UIM) claim against an insurance company.

The victim, Britney Alviani, was a passenger in a vehicle being driven by her boyfriend when it was struck by another car on July 18, 2012, according to an April 30 story by The Legal Intelligencer. Alviani’s boyfriend’s car was struck head-on as it was leaving a church parking lot by a vehicle being driven by Jodi Morrison, the story reported. “Morrison was passed out at the wheel and was later convicted of driving under the influence,” according to a plaintiff’s memo in the case.

Alviani was 23 years old at the time of the crash and was thrown into the car’s windshield, suffering a laceration on her face and multiple abrasions and bruises, as well as injuries to her right knee and right elbow, according to the plaintiff’s memo. The victim was taken to a hospital in Beaver, Pa., and was later “discharged with a diagnosis of body pain and abrasions.”

Her right elbow injury required “two surgeries and various medical treatments and resulted in permanent pain and residual limitations,” according to the story. A doctor diagnosed her with chronic pain syndrome following the crash and surgeries and said that the injuries are “permanent and that her symptoms and limitations will not improve,” the story continued.

Formerly an apprentice at a barber shop before the crash, Alviani won’t be able to return to her job due to her persistent elbow injury and “is unable to lift more than one pound or engage in physical recreational activities, limiting her social life,” according to the plaintiff’s memo. The victim had planned to pursue a career in barbering and open her own barber shop.

Morrison, the driver of the car that struck Alviani’s boyfriend’s car head-on, only had $15,000 in liability coverage, which was paid, the story reported. The boyfriend’s car did not have UIM coverage, but she still lived with her parents when the crash occurred and was “insured under five auto policies issued by Horace Mann Insurance Co., each providing $50,000 in UIM benefits,” according to the story.

The plaintiff sought damages of $65,000 for past lost wages, $892,000 to $1.14 million for loss of earning capacity and $250,000 for the UIM claim, the story stated.

After a four-day trial in the Beaver County Court of Common Pleas, a 12-member jury awarded Alviani more than $1.19 million in damages, including $65,488 in past lost earnings, more than $1 million in lost earning capacity and $100,000 for pain and suffering, the story reported.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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$70M in Settlements in Truck Crash that Killed 5 Nursing Students

Image credit: © iStockphoto.com/alexskopie

More than $70 million in settlements are expected for the families of five nursing students who were killed in April 2015 when the two vehicles they were traveling in on a Georgia highway were struck from behind by a tractor-trailer that failed to stop when traffic came to a halt.

The students were carpooling to take their clinical exams at a Savannah, Ga., hospital early in the morning of April 22, 2015, when the tractor-trailer crashed into them as part of a chain-reaction collision on Interstate 16, according to May 3 story by The Atlanta Journal Constitution. Killed in the crash were Abbie Deloach, 20, of Savannah, Emily Clark, 20, of Powder Springs, Morgan Bass, 20, of Leesburg, Catherine “McKay” Pittman, 21, of Alpharetta, and Caitlyn Baggett, 21, of Millen. Two other students were injured, but survived the crash, the paper reported. They were all students at Georgia Southern University’s School of Nursing when the crash occurred.

The tractor-trailer was being driven by trucker John Wayne Johnson, 55 of Shreveport, La., when it crashed into the vehicles, the story reported. Johnson was driving the vehicle for Total Transportation of Mississippi and its parent, U.S. Express.

In depositions, Johnson, who was not hurt in the crash, admitted fault and said he “was using cruise control and failed to explain why he didn’t slow down,” according to an April 22 story by The Florida Times-Union. Johnson said in the depositions that he had not fallen asleep.

The families of the young women filed civil lawsuits in the case, alleging that the tractor-trailer was following too closely and too fast for conditions, with settlements of $14 million each being reached in several cases so far, the Times-Union reported. A $5 million settlement was also reached for a survivor of the crash. Other cases are pending, but the total payouts could total more than $70 million to $80 million, according to the paper.

An attorney for the family of one of the victims said that “Total Transportation should never have hired Johnson because he’d been fired from another company for causing a truck to roll over, and Total Transportation made him drive overnight without checking to see whether he was fatigued,” the story reported.

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.

We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.

Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.

When Winning Matters Most, Call MyPhillyLawyer.

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