Norfolk-Portsmouth Personal Injury Lawyer

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Driver Fatigue Contributes to Serious Car Accidents

Jim Lewis — Thu, 05 Nov 2009 20:56:58 GMT

Millions of people were reportedly involved in car accidents, or came very close to getting into a serious car accident, due to driver fatigue, according to a study conducted by the National Sleep Foundation. Over 100 million people admitted they’ve driven while feeling drowsy.

As someone who regularly represents car accident victims, I cannot overemphasize the importance of being alert while behind the wheel of a car.

"People who drive when they are tired put their lives at risk, as well as the lives of others on the road," said Raquel Rothe, who owns Sleep EZ Diagnostic Center based in Salem, Virginia (VA).

Here are some warning signs that indicate you may be suffering from driver fatigue…

- Unable to focus

- Feeling restless and irritable

- Heavy eyelids

- Trouble keeping your head up

- Swerving while on the road

If you notice these symptoms, pull over and take a quick nap. Or, stop at a Sheetz or 7-11 and grab a cup of coffee (maybe a Red Bull for the hardcore caffeine addicts). To try and preempt these fatigue symptoms, get at least eight hours of sleep prior to a long drive

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Norfolk's Harbor Walk condos, built with Chinese drywall, to get new developer

Emily Mapp Brannon — Wed, 04 Nov 2009 17:30:54 GMT

The beleaguered Harbor Walk condo project in Norfolk’s Ocean View neighborhood is being taken over by new developer Franciscus Co., months after it was revealed that the old developer – Henin Group of Florida – had been using defective Chinese drywall, The Virginian-Pilot reported.

Residents began to discover earlier this year that their luxury condominiums had been built with Chinese drywall that is believed to emit corrosive gases that damage metal and injure people.

Franciscus will be the third developer for the project. Meanwhile, innocent property buyers are suffering. I hope builders and government leaders work diligently to make these people whole.

My colleague Jim Lewis wrote about the Chinese drywall issue earlier this fall when leaders toured tainted homes in Hampton Roads; my colleague Rick Shapiro was one of the first to sound the alarm back in May.

One resident, Jeffrey Dunn, told the Pilot earlier this year that his condo has Chinese drywall and he’s had to ask BB&T Corp., his bank, to give him more time to pay his mortgage.

“If they don’t extend the forbearance, I’ll have to borrow money from family,” Dunn told the Pilot. “At this point my savings is gone.”

A number of Harbor Walk homeowners have sued over the defective drywall, as well as expensive moisture problems in many of the condos.

Homeowner Michelle Germano told WAVY-TV that her condo smelled like rotten eggs. She lost two treadmills, a TV, a refrigerator, a washer and a dryer, she told the TV station.

Franciscus told the Pilot that it hopes to restart the project soon. Only about 81 of a planned 237 units have been completed, the Pilot reported.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car, truck, railroad, and medical negligence cases and more. Our injury attorneys host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Suffolk’s Dog Leash Law Slated for Long Overdue Review and Expansion

Randy Appleton — Tue, 03 Nov 2009 09:41:15 GMT

The Nov. 3 Virginian-Pilot contains a report that will probably surprise most people in Tidewater. To quote the article, “The ‘enforcement areas’” for the city law requiring owners to keep their dogs on leashes when taking the animals off their own property, “omit large swaths of rural Suffolk and some newer housing developments.”

The exceptions—which do not exist in Chesapeake, Norfolk, Portsmouth, or Virginia Beach unless a dog is properly and legally used for hunting—have led to situations like one described in the article in which animal control officers could not impound a threatening pit bull because the officers had no legal authority to do so.

I wrote a few months ago that dangerous dogs often have owners who do not take the responsibilities to properly train and control their pets. Few steps are more responsible—or simpler—than keeping a dog on a leash while taking the animal out of the house or outside a fenced yard. At least 20 Americans have already died this year after being attacked by a dog. The final tally for dog bite fatalities in 2009 will probably exceed the number of 23 reached in 2008. And as high as those statistics seem, deaths from dog attacks pale in comparison to the millions of serious injuries that result from dog attacks in the United States each year.

Suffolk city council members have agreed to review their municipal leash law and may vote on an expanded ordinance this December. I hope the council members do act quickly.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. We have experience handling wrongful death cases, and we understand the difficult circumstances which accompany these types of cases.. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Budget Cuts Ground Virginia Aerial Traffic Monitoring, Will Traffic Accidents Increase?

Jim Lewis — Sun, 01 Nov 2009 16:18:05 GMT

You’ve probably seen the signs – “Speed Limit Enforced by Aircraft” - when traveling down Interstate 64 (I-64), Interstate 264 (I264) and other heavily traveled highways. However, due to the downtrodden economy, Virginia State Police decided to end aerial monitoring of traffic throughout the Commonwealth, according to The Virginian-Pilot. The program has been in place for nine years and traffic accidents have decreased during that time.

Did aerial monitoring play a part in this decrease of car accident fatalities? Maybe. There’s really no way to be sure, but the program probably didn’t hurt. When people are speeding and see a sign saying there’s a plane in the sky monitoring speed limits, it could cause the driver to slow down.

The major drawback of the program is, obviously, cost. It’s expensive to obtain a plane, pay for manpower capable of flying the aircraft and properly monitor traffic conditions, pay for fuel, etc.

A drawback not regularly mentioned is the potential safety risk. One citizen posted on the Pilot’s comment board…

“I've watched them flying at no more than 800 ft altitude at minimum airspeed with half flaps, over residential areas. If I had done that, I'd have lost my license. Flying low and slow, on the verge of stalling, over urban areas for hours at a time was an accident waiting to happen.”

Another citizen stated…

“When you look across the country, state after state has tried using aircraft to patrol for speeders, and time and again they've dropped the program because it wasn't as cost effective as having a few more patrol cars out there. With the cost for gas continuing to go up, the situation only gets worse. It should be no surprise that this is happening.”

There’s talk the program could be resuscitated when the economy rebounds, but there's a chance it could lead to an increase in car accidents in Virginia (VA) since the threat of aerial monitoring is longer around.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident injuries in Virginia. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Jim Lewis

Halloween Horror: Trick or Treating Leads to Higher Incidences of Pedestrian Traffic Accidents

John Cooper — Fri, 30 Oct 2009 11:25:15 GMT

Halloween is all about ghouls and goblins, dressing up, eating some delicious candy, and maybe even enjoying a scary movie. But there’s a truly terrifying aspect Halloween few people seem to know: the number of fatal pedestrian accidents increases 4.5 times during the holiday.

A study showed children age 15 and under were the primary victims of these accidents and many of them occur during the evening trick-or-treat time, according to the National Highway Traffic Safety Administration.

Our injury law firm has written extensively about the importance of knowing pedestrian cross walk laws and being cognizant while strolling through neighborhoods and crossing roads. These principles still apply on Halloween. Don’t think that just because it’s a holiday, drivers are less prone to hit you when you’re on the street.

Some other important safety tips include wearing a bright Halloween costume (so opt for the yellow Power Ranger outfit as opposed to the black Power Ranger outfit) and trick or treating in a well-lit neighborhood. Go out in groups as opposed to individually; it’s much easier to see a pack of trick or treaters than just one. Another option would be to go to a community center which holds indoor Halloween events. This will greatly reduce your risk to a severe, or even fatal, pedestrian traffic accident.

If you apply these safety tips, it will help prevent Halloween turning into a real horror.

Originally posted at InjuryBoard by John Cooper

“Wiihab” Proving to be a Powerful Rehabilitation Tool

Rick Shapiro — Tue, 27 Oct 2009 20:19:35 GMT

Hospitals routinely struggle to keep their patients motivated and active in the traditional rehabilitation routine. Why? Because most routines are repetitive, cause pain, and are not very exciting.

Enter the Nintendo Wii.

This popular video game system is no longer the exclusive domain of teenagers. People who were seriously injured in car, motorcycle, and truck accidents, people who suffered a stroke, and even our brave military men and women with combat wounds have discovered “Wiihab.”

Using the game console's motion-sensitive controller, Nintendo Wii games require actual body movements which mimic therapy exercises. However, since the games are entertaining and mentally engrossing, patients usually ignore or don’t even notice the rigor making Wiihab an effective form of steady rehabilitation, according to CBS News.

Our injury law firm is a big proponent of Wiihab, which is why we donated a Wii gaming system to the Lake Taylor Transitional Care Hospital in Virginia (VA). We witnessed the positive results of Wiihab. Within minutes of our donation, patients were playing, or watching and waiting to play, the Wii.

Studies are currently under way to quantify the effectiveness of Wiihab, but from what we’ve seen up to this point, it has great potential to help a lot of injured people.

Originally posted at InjuryBoard by Rick Shapiro

Rail Operators Shift to Opposing Safety Upgrades for Being Too Costly

Randy Appleton — Tue, 27 Oct 2009 12:03:36 GMT

Federal rules due to become final before the end of 2009 will require freight, passenger and commuter rail operator to install safety systems along their tracks that automatically slow or shut down trains when they get too close to each other. The systems, known as positive train control, are particularly effective at preventing moving trains from crashing into trains stopped or traveling on tracks ahead.

While a positive train control system did apparently fail with tragic results outside of Washington, DC, earlier this year, rail operators across the country initially appeared willing to put the systems in place when the U.S. Federal Rail administration drafted rules to require positive train control. Now, as reported by the Wall Street Journal, Amtrak, Burlington Northern and Santa Fe and the American Public Transportation Association, which represents subway and light rail networks, say making the safety upgrades will cost too much.

Twenty-year installation, testing and maintenance cost estimates for positive train control systems range as high as $24 billion. That’s a lot of money. But what price could be placed on the lives the safety systems will undoubtedly save? Or on the pain, disabilities and loss of work and wages people not injured in railroad accidents will not have to suffer?

My colleagues and I specialize in representing people injured while working or traveling on trains. We have seen too often how lives are shattered or lost in accidents that could have been prevented. Rail operators should comply with federal requirements for putting positive train control system in place despite temporary reductions in profits.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, including The Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Fall-Related Death of Worker at Norfolk Sanitation Plant Under Investigation

Rick Shapiro — Fri, 23 Oct 2009 08:57:00 GMT

Randy Piche, a long-time Hampton Roads Sanitation District employee, died Tuesday morning after falling through an opening on a third-floor walkway at the Army Base Treatment Plant in Norfolk on Tuesday morning. Neither the wastewater and sewage-treatment organization nor the Virginia Occupational Safety and Health department have yet determined why Piche, a 37-year HRSD veteran, would have fallen to his death.

Industrial plants are inherently dangerous places to work. In Virginia alone, more than 150 workers died in workplace accidents during 2008. The U.S. Occupational Safety and Health Administration posts weekly summaries of deaths at work on its Web site. The most recent set of summaries, from Aug. 28, 2009, includes 18 entries. Listed causes of death ranged from electrocutions and crush injuries to falls and explosions.

Employers have legal and moral obligations to minimize risks to their employees. If HRSD did not have signs, guardrails or procedures in place to make it difficult or impossible to fall through the walkway opening at its plant on the grounds of the Norfolk International Terminals, then the organization would be liable for contributing to, or even, principally causing, Piche's death.

Regardless of the cause of the accident, my thoughts go out to Piche and his friends and family. I have seen too many times the tragedies that can result when people work in unsafe conditions and environments.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling slip, trip and fall cases. Check out this case result involving a woman who slipped and was injured at a restaurant. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Rail Operators Failing to Maintain Safe Crossings

Randy Appleton — Sun, 18 Oct 2009 14:01:53 GMT

Last Wednesday, a Minnesota (MN) Washington County Court judge affirmed a $21.6 million jury verdict against rail operator Burlington Northern Santa Fe Corp. for failing to maintain a safe railroad crossing. The judge also assessed $4 million in penalties against BNSF for destroying evidence in the case and for paying unqualified individuals for supposedly expert testimony.

BNSF had been defending itself against civil charges that its neglect of crossing safety led to the deaths of 17-year-old Bridgette M. Shannon and of Brian L. Frazier, Harry J. Rhoades Jr. and Corey E. Chase in Anoka, Minnesota on the night of Sept. 26, 2003. Each of the young men were 20 years old when the car they and Shannon were in was struck by a freight train traveling through a crossing where gates to block cars and trucks was not working.

Citing court documents, a Star Tribune article listed the following actions as BSNF’s “biggest blunders” in presenting it unsupportable defense:

Destroying a laptop that contained data about the train’s speed and the crossing signal procedures.
Losing or destroying a computer disk containing train and signal performance information.
Failing to inform inspectors and plaintiffs that it knew of signal problems.
Destroying records of track work at the crossing.

Railroad crossings should to be clearly marked, and train operators must ensure that any installed crossing gates and warning bells and lights are maintained in proper working order. Also, while not required, it is advisable that active tracks have gates at crossings and that crossings be cleared of anything that can obstruct a driver’s, pedestrian’s or train engineer’s vision. Failure to meet to follow safeguards caused a collision between a freight train and a car as recently as this weekend.

The Toledo Blade reported Sunday morning that Chris Butler and his son his, Craig Chadwick, died when their car struck a Norfolk Southern freight train as it crossed a long, private gravel driveway in the town of Delta, Ohio. Neither Ohio nor federal laws requires trains to blow their whistles when they cross private roads or paths, and the crossing where Butler and Chadwick were killed is marked only with stop signs and “Private Railroad Crossing” signs. A large shrub blocks the view down the tracks in one direction.

Having represented victims of railroad accidents since the 1980s, I know too well how important clearly marking and safely maintaining railroad crossings are. Judgments such as those in the BNSF case go some way toward ensuring railroads keep crossings safe, but the tragic accident in Ohio should remind everyone that much progress remains to be made.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling FELA and general railroad injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC and have handled hundreds of railroad injury and FELA cases. We would like to send you one of our FREE reports about railroad injury and FELA cases, such as the Dos and Don’ts When Injured at a Railroad--The Railroad Workers FELA Rights and What Railroad Claim Agents Won’t Tell You (But You Must Know). We are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJLOriginally posted at InjuryBoard by Randy Appleton