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Archive for the ‘ Court Radio ’ Category

$37.9M Verdict to Family of Driver Killed in Crash on Icy Highway

Image credit © iStockphoto.com/alexskopje

The family of a 42-year-old Texas man has been awarded a $37.9 million verdict after he was killed in a collision with a tractor-trailer that was stuck on an icy road in February 2015.

The crash occurred about 6 a.m. on Feb. 28, 2015, when a Chevy Astro minivan being driven by Manuel Galindo of Fredricksburg, Texas, slid into a tractor-trailer that was blocking State Highway 29 after it had gone out of control on the icy roadway, according to a July 20 story by The Dallas News.

The tractor-trailer, which was owned by O’Reilly Auto Parts and was being driven by David Shoots of DeSoto, Texas, had hit a guardrail after sliding on the ice and came to a stop blocking the roadway, the story reported. Galindo’s minivan came upon the stuck tractor-trailer under conditions of low visibility and crashed into it, the story said. Galindo died at the scene.

An attorney for Galindo’s family said the truck driver “was on his cellphone at the time of the crash and never placed reflective cones in front of the 18-wheeler” after the truck slid and blocked the highway, according to the story. The plaintiff’s attorney also noted that the truck driver had three previous work-related incidents in the three years before the fatal crash, including one involving O’Reilly property and two on-road crashes, the story reported. “He also received two speeding tickets and a ‘How’s My Driving?’ complaint, and was involved in a rear-end collision in his personal vehicle,” the story continued.

The auto parts company should have removed the truck driver from his driving duties previously because of his driving record, the plaintiff’s attorney said in a statement.

About 40 percent of the responsibility for Galindo’s death was given to the truck driver by the Dallas County jury, while 60 percent of the responsibility was given to O’Reilly Auto Parts, the report continued. Galindo’s widow, two teenage daughters and mother were awarded the $37.9 million verdict.

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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Two Fatal Fire Truck Crashes, Two Settlements in Ohio

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Two separate fatal crashes between fire trucks and other vehicles have been settled in Ohio, providing compensation for two families that lost loved ones

The first crash, which happened in July 2007, involved a fire truck owned by the City of Canton, Ohio, which struck a van that was being driven by Dale Burlingame, who was driving home with his wife after celebrating their 53rd wedding anniversary, according to a July 13 story in The Canton Repository.

Dale Burlingame was killed when the truck, Pumper No. 603, , smashed into his van as the fire truck was heading to an emergency call, the story reported. The siren on the truck was not working but its emergency lights were activated and the driver was using an air horn to alert motorists of the emergency, the story continued. The fire truck driver thought the light was green when he was proceeding through the intersection on Cleveland Avenue NW from 18th Street, but the plaintiffs argued that the firefighter had run a red light.

Burlingame’s wife, Grace, was seriously injured in the crash and sued the city in 2009, alleging that the city and fire truck driver were not immune to a legal challenge because the driver did not stop at the red light, the story reported.

Canton and the plaintiffs agreed to a $350,000 settlement in the case, according to the story. Originally, the plaintiffs lost their case in court when a judge ruled the city was immune from such a lawsuit, but an appeal’s court judge overturned the original ruling, the story reported. The city then appealed to the Ohio Supreme Court, which remanded it to Common Pleas Court.

Mrs. Burlingame died after the lawsuit was filed. About $310,000 of the settlement will be paid by the city and its insurance company to the couple’s estate, the story said. Another $40,000 will be paid by Dale Burlingame’s insurance company.

In the second unrelated case, a $362,500 settlement was awarded to family members of a 72-year-old man and his 4-year-old stepgrandson who were killed in 2008 when the van they were riding in collided with a Massillon, Ohio, fire truck at Walnut Road SE and Johnson Ave SE, according to a July 13 story by The Canton Repository.

The victims, Ronald Anderson, 72, and the boy, 4-year-old Javarre Tate, died when Anderson’s van collided with the Massillon fire truck as it was heading to a fire call, the story reported. The case was settled in February after a legal battle that also included the defendants arguing that the fire company and town were immune because the vehicle was involved in official duties when the crash occurred.

Attorneys for the plaintiff, Anderson’s widow, Cynthia, “argued that the firetruck driver was traveling at excessive and unsafe speeds given the neighborhood and type of emergency,” the story reported.

“Lawyers called the civil case a turning point because it had been cited in more than 100 legal decisions,” the story reported. “The case — Anderson vs. Massillon — bounced from Common Pleas Court to both the 5th District and Ohio Supreme Court twice, and then back to Common Pleas after a Stark County judge first ruled that the city and its firefighters were immune to prosecution.”

Cynthia Anderson’s lawyer told the paper that the legal fight was about making sure that such a crash doesn’t happen again. Because of the case, laws have been changed affecting fire truck operations in Ohio, the attorney said. “The training of every Ohio first responder cadet now teaches the lesson of Anderson v. Massillon. Though the cost was the tragic loss of Ronnie and Javarre, our community is safer because of it.”

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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Talcum Powder Ovarian Cancer Victims Get Help from MyPhillyLawyer

After 62-year-old Jacqueline Fox died in 2015 from ovarian cancer, her family sued Johnson & Johnson, the maker of the baby powder and other talcum powders she had used for more than 35 years. In February, a Missouri jury ordered the consumer products company to pay her family $72 million in damages after finding that her ovarian cancer was linked to the use of the products.

More than 1,200 other women who have been diagnosed with ovarian cancer across the nation have also sued Johnson & Johnson in connection with their talcum powder use for feminine hygiene and their cancers, according to an earlier Washington Post story.

Mrs. Fox had been diagnosed with ovarian cancer about three years before she died. In depositions in the case, she described her 35 years of using Johnson & Johnson Baby Powder and Shower to Shower Body Powder regularly.

In the family’s lawsuit, they alleged that Johnson & Johnson knew of the long term dangers of using and breathing talc – the main ingredient in the powders – but did nothing to warn consumers of the dangers and effects, the story reported.

Research studies “have associated regular talc use with ovarian cancer for decades,” but the American Cancer Society “notes that there is no definitive research on whether asbestos-free talc — the kind widely used in consumer products — causes ovarian cancer,” the story reported.

In Fox’s case, a pathologist “found that Fox’s ovaries were inflamed from talc, which then turned into cancer,” according to the story.

Internal Johnson & Johnson corporate memos presented at the trial were seen by some jurors as showing that the company knew the potential dangers of the products but didn’t advise consumers or regulators or add warnings labels to the products, the story reported. Additional lawsuits related to talc and cancer cases are pending against the company.

Johnson & Johnson sold its Shower to Shower product line to Valeant Pharmaceuticals in 2012.

As more victims of ovarian cancers that might be linked to long term talcum powder use come forward, the lawyers at MyPhillyLawyer are ready to review their potential cases and provide support and assistance as they plan their legal fights for compensation.

Starting today, MyPhillyLawyer is running television ads about ovarian cancer risks from long term use of talcum powder products such as Johnson & Johnson Baby Powder and Shower to Shower Body Powder. Research has confirmed that the regular use of talcum powder for feminine hygiene can increase the risk of ovarian cancer in some women.

Please click on the link in the video above to view the TV ad.

If you used such products before being diagnosed with ovarian cancer, contact MyPhillyLawyer to find out about your legal options as you deal with your illness. Let us fight for you in this battle.

In the Fox case, the jury awarded the family $10 million in compensatory damages and $62 million in punitive damages, which could eventually be reduced by a lower court, the report continued.

Johnson & Johnson said in February that it will appeal the verdict. “We have no higher responsibility than the health and safety of consumers and we are disappointed with the outcome of the trial,” the company told the Post in a statement. “We sympathize with the plaintiff’s family but firmly believe the safety the cosmetic talc is supported by decades of scientific evidence.”

These kinds of tragic legal cases occur every day when innocent victims are severely hurt or die from the use of a wide range of consumer products 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 due to medical malpractice, a vehicle crash, a construction accident or any other incident 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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$7M Settlement in 2015 Car Crash that Killed Missouri Driver

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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

Image credit: © iStockphoto.com/stuartbur

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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