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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

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

Family Doctor, Chiropractor or Orthopedist - Who Do You Choose?(2)

John Cooper — Fri, 03 Nov 2006 14:41:19 GMT

Our clients often ask us who should I go see after an automobile wreck with a personal injury.

The choice of what kind of doctor to go see is up to the individual. There is no right answer. Generally, I, as an attorney, try to stay out of the decision. However, I do give information to folks who have had a personal injury so they can make a more informed choice for themselves.

Obviously, if you have an emergency, you need to be seen in the emergency room. Where you go after that for your treatment depends on what is wrong with you, as well as convenience and price. If you have health insurance, you should generally use it. In Virginia, often your health insurance company will pay what it is supposed to and will not be required to be paid back at the end of the case. Even if the health insurance has to be paid back at the end of the case, you will still be finacially better off by using it. First, the insurance company will pay the bills in the short run so that no one will be hounding you for payment. Also, even if the insurance company has to be paid back for what they paid out on your injury, they will typically not have to be paid back dollar for dollar. Rather, they will only have to be paid back 75% of what they paid. This does not relieve the defendant or at fault driver from responsibility for the full original amount of the bill, as if health insurance had not paid. If your health insurance is an HMO, you may be required to see your family doctor or PCP first before they will cover specialists.

If you have a back or neck problem from the car wreck, your two main choices for treatment will be a chiropractor or an orthopedic doctor as specialists. A chiropractor is a doctor specially trained to deal with the spine, including the neck and back. Chiropractors typically do adjustments and other conservative therapies to increase your mobility and get you to heal. They do not prescribe medications. If you need painkillers, you will need to have a medical doctor, such as a family doctor or orthopedist, prescribe those. The main advantage of a chiropractor is that they will see you quickly. Typically, you can call a chiropractor and get into their office in the next day. Chiropractors will often also treat you on credit if you have an attorney representing you in your injury case. Thus, they will not make you pay for the services rendered immediately, but will wait until the case has resolved. Although there are some orthopedic doctors who will do this, they are less common.

The alternative for back and neck problems is an orthopedist or a neurosurgeon. These doctors specialize in providing surgical remedies for serious back and neck problems. Orthopedists normally work in conjunction with physical therapists. Physical therapists do some of the same types of work on mobility that chiropractors use. Only have conservative measures have failed will an orthopedist recommend surgery. Typically, surgery is only indicated where there is some kind of nerve involvement causing numbness, pain or tingling to radiate into your legs or arms from the spine. If you start off with a chiropractor, they can always recommend you to an orthopedist, to the extent they are not able to heal you sufficiently or they believe that you have a surgical situation.

As your personal lawyer, I (email: jcooper@hsinjurylaw.com) generally try not to interfere with the patient/doctor relationship. If you have a medical provider that you like and trust, I will always encourage you to stick with them. However, it is sometimes helpful to have a person who deals with this type of health care provider often confirming that the course of treatment makes sense. Helping you figure out exactly what kind of treatment you may need is one of the reasons to contact an attorney as soon as possible after a car wreck.

Originally posted at InjuryBoard by John Cooper

Jury Selection Key to Success in Serious Personal Injury Cases

Jim Lewis — Thu, 21 Jun 2007 09:07:13 GMT

Before any serious personal injury case, whether it be an automobile personal injury case, a medical negligence personal injury case, or a products liability personal injury case, a process occurs wherein the lawyers are allowed a limited number of questions to the individuals who are candidates to sit on the jury trial of a serious personal injury case. This process is called voir dire.

This process is one of the most important aspects of a serious personal injury trial and serious personal injury attorneys should concentrate on getting as much information during this process as they possibly can before the serious personal injury trial begins.

In a recent case, which I handled on behalf of our firm, our client was in a serious automobile accident that resulted in serious injuries to her. More and more, insurance companies who defend serious personal injury cases are refusing to compensate personal injury victims who have been in serious personal injury accidents in a way that they are entitled to. This results in personal injury trial attorneys having to go to court and try a lot more cases. We recently had this experience on behalf of our client and the trial court at the beginning of the personal injury trial allowed me to ask the potential jury how many of them believed that there were too many frivolous personal injury cases being filed in America today. When I asked the question, 11 of the 15 people raised their hands, indicating that they believed that there were too many frivolous personal injury trials being filed in America today.

The judge then allowed me to have an extensive discussion with each of them about why they felt that way and what about personal injury cases made them think they were frivolous. This gave me the opportunity too "pre argue" why my personal injury accident trial was not frivolous and why they should award my client the compensation that she deserved.

Ultimately, of the seven individuals who comprised our jury, six of them had raised their hands when asked about frivolous lawsuits. Even though six of the seven jurors felt that there were too many frivolous lawsuits being filed in America today, they returned a verdict for my client in the total amount that I requested them to, $194,000. This occurred in a case where I had only asked the insurance company to compensate my client in the amount of $60,000.

The lesson that we learned in this serious personal injury accident trial was that the more information you can get from your potential jury before actually beginning a serious personal injury trial the better the results will be for you.

Originally posted at InjuryBoard by Jim Lewis

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

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

Bunk Beds Recalled Due to Collapse Hazard

Jenny Albano — Tue, 04 Sep 2007 22:32:36 GMT

d-Scan Inc., in conjunction with the CPSC, is recalling about 500 Jubee Bunk Beds because the upper bunk may collapse on top of the lower bunk which could seriously injure or kill consumers.

The recalled bunk beds do not comply with federal safety standards and have wooden side slat supports that can separate from the bed frame causing the upper bunk to collapse. The firm is aware of seven incidents in which the upper bunk collapsed after the side slat supports separated from the bunk bed's frame. No injuries have been reported.

The bunk bed are twin size and were designed for children. The bed does not come assembled and the consumer must put it together. The beds are made from maple wood and have a four-step ladder attached to one side of the bed; there are also three pullout drawers under the bottom bunk. Only model number 82008 is included in the recall.

The bunk beds were sold at at specialty furniture stores across the U.S. and on several websites from December 2004 to April 2006.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

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

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