Norfolk-Portsmouth Personal Injury Lawyer - Miscellaneous - Most Commented

International Paper Killing Jobs in Franklin, Virginia (VA)

John Cooper — Wed, 11 Nov 2009 11:21:01 GMT

In today's tough economic times, no one can really be certain about keeping their jobs. This truth hit the people of Franklin, Virginia (VA) very hard, when they learned that a local paper mill was closing. This mill employed over 1,000 people, all of which are now going to be without work.

Carroll Story, the president of the United Steelworkers local that represents the workers, said: "Right now, everyone is in a hole. They're in a daze, a dream. They're like, 'What happened?' "

"You have people here 30, 40 years, and this is all that they've ever done," said Story, 49, who has worked at the mill for 31 years. "It's going to be devastating to the community. There's not enough work in this area to absorb this work force."

The Memphis-based company, International Paper, has been closing several mills around the country, but shutting down the Franklin mill alone is going to account for more than 2/3 of the company's recent lay-offs.

While the laid-off employees will be getting severance packages, and job-placement assistance, it will be difficult for the surrounding community of Isle of Wight County, Virginia to absorb the new pool of labor. Thus, a community that has depended on this mill since 1887 is now going to be forced to undergo drastic changes.

The paper company's representatives claim that it was a difficult decision for them, and in no way reflected on the employees' skills or hard work, but many in Franklin are now bitter about the way big business has chosen profit over people. Often, a corporation, in selling a plant, will refuse to sell it to anyone who competes with the company pulling out in paper products which is likely the best use for the property and would be the easiest way to reuse the factory.

It is certainly a difficult situation for everyone involved, but my heart goes out especially to the citizens of Franklin, Virginia, who are the most recent victims of the recession and the greed of corporate America. Loss of your job is a devastating problem for a worker or family to face. Although the people of Franklin will survive this body blow, it is sad that the company did not do more to prevent this damage to people who had given so much to the business for so long.

Originally posted at InjuryBoard by John Cooper

Home and Car Invasions Are on the Rise – Tips to Keep You and Your Family Safe

Emily Mapp Brannon — Thu, 18 Jun 2009 15:38:00 GMT

Last week, a good friend of mine when out to her car in the early morning to retrieve her laptop and some work files from the trunk of her car. When she got there, she immediately realized that something was wrong – the map light in the passenger’s side was on. Sure she didn’t leave it on, or even turn it on, my friend went inside for her pepper spray, then went back out to the car. Her instincts were right. Her car had been ransacked the night before. Everything was gone – laptop, briefcase, iPod, GPS, and even a new lunchbox.

She called me hysterical. She lives in a safe, affluent, well-lit neighborhood where everybody knows everybody else, and just couldn’t understand how – or why – this happened to her. Aside from the very expensive loss she encountered, her privacy had been violated. After we hung up the phone, I started thinking about how much we take personal safety for granted. In light of the economic troubles the country is going through, home and car invasions are on the rise. How many of us are really prepared or protected from this happening to us?

As a woman and as a personal injury attorney, I think I’m hyper aware of the dangers citizens face every day. In the office, we deal with a lot of big companies and greedy corporations, but hearing my friend’s plight really hit home just how scary our front yards and driveways can be. So, I’ve put together a list of personal safety tips that I hope you’ll not only read, but take to heart. These are aimed at women, but can be adapted by anybody of any walk of life, in any neighborhood or situation, to help keep you safe.

Be aware of your surroundings, at all times: walking to your car, walking in your home, reading in your living room, jogging with your dog at night, etc. True self-defense begins long before any actual physical contact. Awareness is your first defense against any attacker’s strategies.

Go with your gut. My friend did this when she went back inside for her pepper spray when she felt that “something wasn’t quite right.” If something doesn’t feel right, trust yourself and steer clear.

Never, ever, ever, EVER open your door for someone you don’t know who doesn’t have a legitimate reason for being there. This goes for door-to-door salesmen, repairmen, policemen, and even Jehovah's Witnesses.

Keep your doors locked when you’re driving. It isn’t hard to be surprised by a car-jacker when you’re stopped at a stoplight or stop sign.

If you are attacked, fight back with all you have. Kick, bite, scratch, pull, twist, squirm, and hit all you can. Most attackers will back off once they know their victim is willing to put up a fight – it just simply isn’t worth it to them. Also, scream as loudly as you can. WHAT you scream is very important – yell “Fire!” or the most horrible obscenities you can think of. Doing this will attract more attention than yelling “Help!” or “Rape!”

Think about your actions, and go out of your way not to make yourself a victim. Don’t park your car in dark, isolated places, don’t leave your bathroom window open at night, and don’t be afraid to call the police if you see someone you don’t recognize loitering in front of your house. In short, don’t be shy about taking responsibility for your own personal safety.

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 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.

Originally posted at InjuryBoard by Emily Mapp Brannon

Florida Lawyer Brings Class Action Against UnitedHealthcare

Jenny Albano — Wed, 25 Jul 2007 09:59:30 GMT

Attorney Joe Saunders, of Pinellas County, filed a class action suit against UnitedHealthcare yesterday. The lawsuit accuses UnitedHealthcare of Florida of misrepresentation and fraudulently marketing some of their health care plans.

According to the lawsuit, the defendants, UnitedHealth Group and UnitedHealthcare, enrolled Medicare recipients into their Medicare Advantage HMO or PPO plan without authorization from the client. Also the company did not inform the client that enrolling them into the Medicare Advantage plan disenrolls them from the Medicare Program.

The Medicare Advantage plans, such as Secure Horizons and Complete Care, provide only limited or no skilled nursing home case, require people to pay expensive copays, and limit the number of doctors patients can visit. UnitedHealthcare has been accused of using fraudulent marketing practices by using the names Secure Horizons and Complete Care that imply that these plans cover the same amount as the Medicare Program. In actuality Medicare covers much more, such as paying 100% for nursing home care up to 20 weeks, provides patients with a larger choice of doctors, and copays are less expensive.

The case came about when Charleen Edge, Saunders' mother, was tricked into a Medicare Advantage plan without her knowledge. Apparently, Edge was contacted by UnitedHealthcare and was told that her old plan was expiring and being replaced by the new Part D program. The company recommended that she add two AARP policies- a cheap supplement plan and the new drug plan. But instead UnitedHealthcare enrolled her in their Medicare HMO plan which only pays bills for certain doctors.

When Edge found out that she was not on the plan she had requested she asked the company to disenroll her. Both of her complaints were unanswered, but when Saunders complained UnitedHealthcare finally took her off the plan. However, when Edge broke her pelvis a few months later and had to be rehabilitated in a nursing home, Medicare rejected her $30,000 medical bills. Medicare stated that UnitedHealthcare had re-enrolled Edge into the HMO plan two months before her accident.

Saunders believes that there are many other people who have had the same problems with their insurance companies and is now waiting to see if a judge will certify that UnitedHealthcare HMO members represent a class of people suitable to mass litigation.

Originally posted at InjuryBoard by Jenny Albano

My Law Firm Partner Doubles As Inventor of Fold Flat Products

John Cooper — Wed, 13 Sep 2006 19:51:28 GMT

My partner, Rick Shapiro, edits the Virginia Beach IB blog and has been practicing mostly injury law for over 20 years, but is also an inventor of new "fold flat" products with patented folding wheel axles. He recently posted a blog article called seeing "Both Sides" which discusses being in the strange situation of inventing "fold flat" wagons, carts, wheelbarrows on the one hand, but also handling faulty product injury litigation on the other hand.
Pity the insurance defense lawyer that defends a faulty product case against Rick, as I believe Rick will know what to attack and why. Click HERE for the entire article.

Originally posted at InjuryBoard by John Cooper

Children Hurt at Daycare Centers

John Cooper — Mon, 30 Nov 2009 14:22:31 GMT

With more Americans having to have two incomes to make ends meet, more and more people have to put their kids in daycare from early ages. Parents often assume that they are entrusting their child's safety to a responsible and caring adult, but this is sadly not always the case. Stories of children dying from neglect at daycares, or suffering from physical or sexual abuse at the hands of their work day guardians are becoming more and more frequent.

The story of a 22 year-old Virginia woman who is accused of "striking, slapping and sitting on" an 18 month-old baby at the daycare center where she worked is no exception.

According to a local news source:

Ila Howell of Suffolk, who worked at the First Baptist day care center on Main Street, is accused of striking, slapping and sitting on the child who was in the care of the center, said Debbie George, police spokeswoman. The incidents reportedly occurred in the last two weeks of October.

Police issued warrants for Howell's arrest Friday but could not locate her, George said. She turned herself in to police Saturday morning.

Howell faces three counts of misdemeanor simple assault. She was released from Western Tidewater Regional Jail on $1,000 bond.

This is a woman who was hired to be a caregiver to young children. The fact that she exhibited this type of aggressive behavior while on the job is inexcusable. What makes this story worse is that this daycare had already been investigated for inappropriate forms of discipline, but the complaints were thrown out.

We need to know that our children are safe, even when we cannot personally see to their safety. This is the responsibility of daycare owners and employees, and anyone who would shirk such an important responsibility should not be in the daycare business.

Originally posted at InjuryBoard by John Cooper

Area Boat Accidents Back on the Rise

Emily Mapp Brannon — Sun, 13 Sep 2009 08:58:00 GMT

Sunday's Daily Press delivered the unwelcome news that the Chesapeake Bay and rivers and lakes throughout Virginia (VA) had already seen more accidents this year than during all of 2008. Worse, the 124 reported accidents in 2009 almost match the 146 reported in 2007.

People in motor boats, canoes and kayaks had accidents. So did people riding Jet Skis and other personal watercraft. According to Virginia Department of Game and Inland Fisheries rules, each of the accidents represented by these statistics reflect an incident in which someone was seriously injured or killed, more than $2,000 of property got damaged or someone disappeared.

The Daily Press story struck me because I know that accidents on the water are usually preventable or avoidable. One recent case in point is the man who drowned after being washed off his small boat by an unexpected wave while watching the early rounds of this year's East Coat Surfing Championships. The man, Tong Xiao, was not wearing a life jacket.

Virginia has started an almost decade-long program to improve the safety of boating by requiring licenses and safety classes for anyone who drives a motor boat or rides a Jet Ski. My colleagues and I have already applauded these measures, but the recent rise in accidents on the water argue for speeding up the timetable for licensing and educating boaters.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border. The firm handles car, truck, railroad, medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as a pro bono public information service. We also host a YouTube injury law video library with more than 50 videos covering many FAQs on personal injury subjects. Shapiro, Cooper, Lewis & Appleton’s lawyers are licensed in VA, NC, SC, WV, DC and KY.

EJL

Originally posted at InjuryBoard by Emily Mapp Brannon

Williamsburg bridge accident reminder of dangers

Rick Shapiro — Wed, 05 Aug 2009 13:10:01 GMT

A recent bridge accident on Colonial Parkway near Williamsburg serves as a reminder of the danger posed by aging or damaged bridges.

The bridge, over Powhatan Creek between Williamsburg and Jamestown, was struck by an unidentified boat on July 24, the National Park Service told The Virginian-Pilot. No one involved reported the crash and authorities were not notified until recreational boaters noticed the damage afterwards.

The Daily Press of Newport News reported that the bridge will be closed for at least four months while the damaged bridge piling is repaired. The repairs will coincide with a planned resurfacing of the bridge.

“First and foremost, we are thankful that the Powhatan Creek bridge did not collapse beneath the weight of any vehicles prior to the discovery of the damage and that this very serious situation caused no injuries,” Park Superintendent Dan Smith wrote in a statement on the National Park Service Web site. “We recognize the importance of the Colonial Parkway to the local transportation system as well as area tourism and are working to fix the damage and reopen the Parkway as quickly and safely as possible.”

America's aging infrastructure is vulnerable to accidents like the one near Williamsburg. In 2007, the Interstate 35W bridge in Minneapolis collapsed into the Mississippi River, killing 13 and injuring 145.

Originally posted at InjuryBoard by Rick Shapiro

Has Swine Flu Made its Way to Hampton Roads Schools?

Rick Shapiro — Wed, 20 May 2009 21:31:00 GMT

Unless you’ve been living under a rock on a moon in another galaxy, you’ve heard about the mania swine flu has been causing lately. Until recently, you may have thought it couldn’t affect you. Think again. David Trump, acting director of the Norfolk Department of Public Health, announced early last week that Norfolk’s first probable case of swine flu showed up at East Beach Montessori School.

The affected child was exposed to an ill family member during a visit to Arizona, and began showing symptoms shortly after returning to Hampton Roads. The child’s school closed for a week in response to a recommendation from the city’s department of public health.

Health officials would give few other details about the case. Trump would not give out information about whether the family had other children, or if and where the parents work. However, he said public health officials have informed people who have close contact with the family about the case. He also said no other schools require closure at this point.

The child did not require hospitalization and is recovering well at home. The child and the family agreed voluntarily to isolate themselves beginning on Wednesday and ending on Sunday, which was when the state announced the case as probable swine flu. The family members were prescribed antiviral medications last week; none of them have become ill.

The Centers for Disease Control and Prevention recommends schools and child care facilities with confirmed cases of swine flu close for up to 14 days because children are likely to be infectious seven to 10 days after the onset of the illness. According to the city health department, children younger than five are “very susceptible” to flu and are more likely to require hospitalization.

The state health department urges people to continue taking precautions to avoid swine flu, such as staying at home if they notice symptoms, covering their mouths while coughing or sneezing, and washing hands frequently. As a parent and an attorney, I want you to know there are other things you can do to keep your child safe. If you suspect that your child has been exposed to swine flu, wipe down common surfaces that could be infected with disinfectant wipes or a mild bleach solution. Encourage your child to wash his or her hands often (this will build good habits for life). Be aware of who your child is spending time with – have any of them traveled to Mexico lately? Are they showing flu-like symptoms? By taking just a few extra precautionary measures (like those you probably take during flu season), you can keep your kids safe without succumbing to the media mania over swine flu.

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, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more. CA

Originally posted at InjuryBoard by Rick Shapiro

One of our own attorneys featured in Virginia Lawyers Weekly, again!

Emily Mapp Brannon — Tue, 16 Sep 2008 15:53:29 GMT

As a lawyer in a firm of seasoned attorneys, I always take pride when one of my colleagues is featured in the Virginia Lawyers Weekly for a noteworthy case. This week, Virginia Lawyers Weekly published a summary of attorney Rick Shapiro's $1,500,000.00 settlement in a very interesting case. Our client was a commercial airline pilot who was staying overnight at a hotel in Norfolk, Virginia before his flight the next morning.

When the pilot woke up the next morning he took a shower and while he was washing his hair with his hands above his head, he was shocked from a light fixture overhead. The shock caused our client to lose consciousness and fall out of the shower. He came to and immediately called the hotel operator to send a maintenance engineer to the room.

There was dispute about the characteristics of the light fixture with the pilot describing it as a bare bulb in a ceramic-fixture protruding from the ceiling and the engineer described it as a recessed fixture with a plastic cover. I remember sitting in on depositions and there were many different types of light fixtures in place during that time period. The hotel eventually underwent major renovations which made it even more difficult to prove which fixture was in place at the time of the incident.

The pilot notified his company that he could not safely fly the plane and traveled home. During his flight home the pilot experienced pain in his left eye and was later diagnosed with left optic neuropathy which is a fancy way of saying his vision deteriorated. Obviously a pilot's job is entirely dependent on his vision and the pilot lost is qualification to fly a commercial aircraft.

The case was transferred from state court to federal court by the defendant hotel. We alleged negligence per se because the light fixture violated the National Electric Code. We also alleged argued that the hotel took no photos of the bathroom as it appeared when he was shocked and changed the fixture during the month after the incident.

At a pre-trial hearing the judge allowed our electrical experts in and refused to dismiss the negligence per se count. After two settlement conferences the parties settled the case for $1,500,000.00.

Great job Rick! It always pays to have an experienced personal injury attorney representing you. A good lawyer knows what to look for and how to handle tricky defense lawyers. Visit our websites to learn more about our firm. Virginia Beach Injury Board, Norfolk Injury Board and Shapiro, Cooper, Lewis and Appleton, P.C.

Originally posted at InjuryBoard by Emily Mapp Brannon

John Cooper Elected as Chair of the Railroad Law Section

John Cooper — Thu, 24 Jul 2008 10:57:27 GMT

John M. Cooper of Shapiro, Cooper, Lewis & Appleton in Virginia Beach has been elected to a one year term (2008-2009) as Chair of the Railroad Law Section of the American Association for Justice during AAJ’s 62^nd annual convention in Philadelphia, PA.

The Railroad Law Section of the AAJ promotes rail safety and protecting the rights of the public and railroad employees. Cooper’s practice is exclusively in plaintiff’s side railroad and general personal injury law.

Originally posted at InjuryBoard by John Cooper