Sunday, July 1, 2012

St. Louis Suburb Ordered to Pay $3.1M to Police Chase Victims

A verdict from a St. Louis County jury "sends a message" to the village of Uplands Park that its police officers owe it to innocent motorists not to take their safety for granted during a police chase, according to the attorney representing the plaintiffs in the lawsuit.

 

Uplands Park was ordered by the jury in a personal injury trial to pay a total of $3.1 million to the family of a woman who was killed in a car accident during a high-speed police chase. The collision took the woman's life and injured her children and two other relatives. During trial, the plaintiffs contended that the volunteer police officers who initiated the chase caused the accident by failing to call it off soon enough.

 

The fatal incident took place on Dec. 3, 2009. The victim, 34, was driving to a relative's home to help hang Christmas decorations along with her daughter, 12, and son, 7. Also in the car were the victim's sister and her 5-year-old grandson.

 

Meanwhile, a pair of volunteer police officers spotted a car allegedly speeding and began pursing it. The officers said the suspect, then 16, was going 46 miles per hour and sped up as they pursued. They admitted picking up speed to try and chase him down. A witness estimated the vehicles passed her at nearly 80 mph shortly before the collision.


The suspect's vehicle crashed into the victim's car, fatally injuring the woman and severely injuring her sister, son and grandnephew. The suspect said that the accident was caused when the police car bumped him into the victim's car, though the officers denied that. They contended that they ended the pursuit and were far behind when the crash occurred.

 

However, the jury found on June 7 that the officers were at least partly liable for the death and injuries. Jurors awarded damages to each person in the car and for compensation for the 34-year-old's death. The verdict totals about $3.1 million, though that may come down due to a Missouri law capping damages for personal injury verdicts against municipalities.

 

The plaintiffs' attorney said the size of the verdict "sends a message" to Uplands Park and others who use volunteer police forces. The driver of the squad car lacked police certification and has been charged with holding a police commission without a license.


Source: St. Louis Post-Dispatch, "St. Louis jury awards $3.1 million for police chase that ended in fatal crash," Jennifer Mann, June 8, 2012

If you or a loved one have been involved and/or injured in a car accident in Cincinnati or Northern Kentucky, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

Monday, June 25, 2012

Bengals' Jones Back in the News, and Back in Court

While it's the NFL offseason, and training camp isn't scheduled to start for over a month, Adam "Pacman" Jones is again back in the news and not for his skills on the gridiron.  A Las Vegas court recently sentenced him for his involvement in the 2007 strip club shooting. Jones has been ordered to pay $11.7 million dollars in damages to the victims. 

Image Courtesy of Getty Images

The shooting was made famous by Jones's throwing several thousand dollars into the air in an attempt to "make it rain". Hot tempers escalated the situation into a fight and subsequently a shooting.  While Jones was not one of the shooters, he pled no contest to misdemeanor conspiracy to commit disorderly conduct and was given a year of probation and ordered to perform 200 hours of community service. 

Jones has a long history of run-ins with the law and suspensions from the NFL.  He recently signed a one year, $950,000 deal with the Bengals during the offseason.  

Read more about Jones's sentencing and his past legal challenges here: Adam Jones to pay $11M in Damages

Thursday, June 14, 2012

New Distracted Driving / Texting Law Goes into Effect in Ohio

A texting while driving ban has been on the table in Ohio for some time now, but it wasn’t until June 1 when the new law was signed. According to the Columbus Dispatch, Governor John Kasich was surrounded by a number of victims and family members effected by distracted driving, when he signed the bill on Friday to make Ohio the newest state with a texting while driving law.

The new law will go into effect on September 1, 2012. While the main provision of the law will be a ban on text messaging and driving, it will also account for drivers under the age of 18 to be banned from using any electronic devices, no matter whether they’re making a call or a text message.

The new law for minors will be a primary enforcement ban, meaning a violation would produce a $150 fine and a 60 day license suspension. A second violation would bring a $300 fine and a suspension of a license for a year’s time. None of these fines or suspensions will be levied during the first 60 days of the ban being in place, however, as law enforcement officers will be issuing warnings.

According to the report from the Dispatch, the governor was questioned on how successful the state could be in enforcing the new laws. Kasich responded by saying that “law enforcement will know how to enforce the law and will do so aggressively.”

It’s likely that the enactment of the new law is just the start of add-ons related to distracted driving in the state of Ohio. The law will be closely monitored for success by state leaders and depending on the impact of the law, there could be improvements added into the future.

Of course the new law will help cut down the distracted driving accidents in Ohio, but this new law will come with some discrepancies.  There are potential rights violations in question:  How will the police accomplish and enforce this new law? How will they distinguish a minor from an adult driver? Minors can be pulled over and charged for the violation as a primary offense while adult drivers would have to commit another violation before police could enforce the law onto them.  This could cause many issues for young adults pulled over and cited for texting while driving when the officer may have assumed he/she was a minor.

The Bottom Line: No matter why you may be pulled over, it’s important to know your rights.  If you become accused of a traffic crime in Cincinnati or Northern Kentucky, such as texting while driving, reckless driving, driving with a suspended license, a hit and run or another traffic violation in Ohio, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.


Monday, June 4, 2012

The Top 10 Things to Do if You're Involved in an Accident

  1. Stop. Do NOT leave the scene.
  2. Call the police and ambulance (call 911 if available).
  3. Protect the scene. If possible, do NOT move cars.
  4. Get information from the other drivers.
  5. Do NOT admit liability or fault.
  6. Get names and phone numbers of witnesses.
  7. Take pictures of cars and the accident scene with a camera/phone.
  8. Do NOT give a statement to anyone but the police.
  9. Call your lawyer, Christopher L. Jackson, Attorney at Law, (859) 261-1111.

Tuesday, May 22, 2012

Is Your Doctor Lying to You?

What is the number one preventative way to avoid medical mistakes? Effective communication. This could mean communication between doctors and nurses, between all levels of staff members, and most importantly, medical providers and their patients. Communication is vital before, during, and after medical care has taken place.  

 

Unfortunately, lines of communication are often poor.  Even more disturbing are recent study results illustrating that medical providers often lie to their patients after a mistake was made out of fear of being sued. These lies often compound the situation rather than help those who made the mistake.  Researchers also fear that a large percentage of patients have not been given complete information about their conditions or their options. Without accurate information, patients and their families are less likely to make well-informed decisions concerning their own medical care. 

 

Many doctors feel that presenting facts in the best possible light will reduce stress and make patients feel more positive about their care and their outcomes. In reality, the majority of patients prefer straight forward, honest communication about their care or errors made by medical professionals. Patients who have been given factual information are less likely to be angry with their doctors, and less likely to call their attorneys and bring forth medical malpractice claims, even after mistakes have been made. 

 

When communication is poor, mistakes will be made between all parties involved in a patient's medical care. Miscommunication, distortion of the facts, or withholding of information that only makes a patient's condition worse could be considered negligence on the part of the medical staff.  

 

For more information about this Harvard Medical School Study, click here:  Many Doctors Tell White Lies

 

If you or someone you know needs assistance a medical malpractice issue, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.

Tuesday, May 8, 2012

Highly Publicized Wrongful Death Trial Begins in Philadelphia

FOX News is reporting that video played at the opening of a wrongful death trial shows that one of two Hungarian tourists killed in a boat collision threw her life vest to a deckhand who jumped overboard just before the crash.

 

Attorney Robert Mongeluzzi said 16-year-old Dora Schwendtner threw her own life preserver to the deckhand moments before their sightseeing boat was run over by a tugboat-guided barge on Philadelphia’s Delaware River.

 

The families of Schwendtner and 20-year-old Szabolcs Prem, are suing the tour company and the tugboat operator, saying unclear safety policies and ineffective training caused the collision.

 

Tug operator K-Sea Transportation and duck boat operator Ride the Ducks blamed each other Monday for causing the July 2010 crash.

 

Prem and Schwendtner, whose group was visiting the U.S. through a church exchange program, drowned when their amphibious tour boat capsized and sank after being struck by the barge on July 7, 2010.

 

Their families have filed wrongful death lawsuits against K-Sea Transportation of East Brunswick, N.J., which operated the tugboat guiding the barge upriver; Ride the Ducks of Norcross, Ga., which operated the tour boat; the city of Philadelphia, which owned the barge, and others. But before the wrongful death lawsuit may proceed, a judge must decide whether a limit should be set on the financial liability of the two boat owners. K-Sea and Ride the Ducks, citing an 1851 maritime law, want the judge to cap their financial liability based on the value of their own vessels involved in the crash: $1.65 million for the tug and $150,000 for the duck boat.

 

Read more: http://www.foxnews.com/us/2012/05/07/fatal-tour-boat-crash-trial-to-begin-in-philadelphia/?test=latestnews#ixzz1uH2dfiAr

Tuesday, April 24, 2012

Nursing Home Abuse

The thought of it is disturbing, but abuse of the elderly occurs all too frequently. They are some of society's most vulnerable people, but senior citizens are at perhaps their most vulnerable when their living situations make it clear that they cannot easily defend themselves.

Nursing home abuse takes many forms, but all of it is damaging in some way – emotionally, physically, or financially. As the elderly population increases and the social dynamics of our society begin to favor nursing home care over in-home care, we must be evermore vigilant in protecting senior citizens from abuse. Knowing the the signs of nursing home abuse and contacting an experienced lawyer if you know of or suspect abuse is critical in the fight against nursing home abuse and neglect.

Understanding types of nursing home abuse may go a long way to preventing it in our society, or at the very least protecting your loved ones from suffering its consequences.

Physical Abuse

Physical abuse in nursing homes is a major problem in the United States today. Physical abuse can be defined as non-accidental use of physical force against an elderly person. This force can result in pain and impairment; in extreme instances it can result in death if the injuries are untreated through nursing home neglect (another significant form of abuse). Physical abuse can also include the inappropriate use of drugs for a variety of reasons, including incapacitation, or the unnecessary use of physical restraints.

Physical abuse is perhaps the most obvious form of abuse because its impacts can be observed by others in the form of bruises or injuries. Unfortunately, other forms of abuse can damage an elderly person in much more subtle or even hidden ways.

Emotional Abuse

In this type of nursing home abuse, the elderly person can be left in emotional pain or distress or even a state of anxiety or fear. Abusers speak to the elderly person in a way that can leave a lasting impact and even lead to physical symptoms if the anxiety caused by the abuse is significant enough.

Types of verbal emotional abuse include shouting or threatening language, ridicule and verbal humiliation, and consistent blaming of the elderly person for things that are not his or her fault.

Emotional abuse can also be passive. While less aggressive, it has the potential to be equally damaging. These passive means may include ignoring the elderly person or subjecting him or her to states of extended isolation. Often categorized separately, this isolation and neglect can be so extensive that caregivers are no longer fulfilling the legal obligations of their positions. While neglect may even be unintentional, this form of nursing home abuse can still severely damage the emotional well-being of an elderly person.

Financial Fraud and Exploitation

Perhaps the most common form of abuse of the elderly is financial. These abusers use their position of authority to extort money or simply gain the trust of an elderly person, especially one who is lonely and predisposed to any friendly approach. The financial fraud may be as simple as slowly stealing money from an elderly person or as complex as a scam designed to completely deplete a person's life savings.

Caregivers and strangers are both potential perpetrators of this abuse, and so it is important to understand the ways in which it might happen.

It is possible that caregivers could intentionally misuse an elderly person's credit cards or bank account information. It would not be unusual for a caregiver to have access to this information, and so care should be taken to limit the possibility that these funds could be accessed without the elderly person's permission. A more complex and sinister shape that this abuse could take is outright identity theft, which would be particularly easy for a caregiver in a position to access all of the required information.

A potentially more damaging form of fraud perpetrated by caregivers is healthcare fraud. In this type of fraud, money is charged for services that are then not delivered. They may be services or medications that the person desperately needs but will not receive. This form of nursing home abuse could result in illness or death, and so medical services and providers should be monitored closely.

A range of scams perpetrated by con artists tend to directly target elderly people. A particularly common one is a prize announcement in which the victim is told they have been awarded a "prize," but an up-front fee must be paid to claim it. This is always a scam. Another scam often targeted at the elderly is a fake charity. With a little inside knowledge, the charity can be tailored to the elderly person's personal interests and charitable tendencies. When the check is written, however, all the money goes to the scam artists.

Sexual Abuse

Easily the most distasteful form of nursing home abuse is the sexual abuse of the elderly. This is non-consensual sexual contact or interaction, usually between a caregiver and an elderly person. This is troublesome for its very nature, of course, but also because the caregiver is in a position of authority, power, and dominance over the potentially incapacitated victim.

This form of abuse does not necessarily have to be physical. It can also include the forcible viewing of pornographic material or sexual acts, or forcing the elderly person to undress without cause.

Other forms of Nursing Home Abuse

Other forms of nursing home abuse can include (but is not limited to):

  • Dehydration
  • Malnutrition
  • Bed Sores
  • Medication Errors
  • Transport Injuries
  • Falls on the Nursing Home Property
  • Sudden, Wrongful, or Unexplained Death
  • Wandering Off
  • Hazardous or Unsanitary Conditions

If you or someone you know needs assistance with nursing home abuse, contact the Law Offices of Christopher L. Jackson, LLC. In Ohio, please call (513) 861-8000. In Kentucky, please call (859) 261-1111. For more information, please visit www.christopherjacksonlaw.com.