March 20th Vote Smart: Review Judicial Evaluations Presented by Illinois State Bar Association

February 29, 2012

Rating Judicial Candidates

vote elections 2012Since Illinois voters have the responsibility to elect judges, the Illinois State Bar Association (ISBA) feels it has an obligation to share with the public information about qualifications of judicial candidates. The lawyers who practice alongside candidates for judicial office are in a unique position to assess the professional qualities that are necessary for good judges.

View ISBA’s judicial ratings for the March 20th primary by county.

Judicial Evaluations | Illinois State Bar Association.

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Wrongful Death – A Series of Mistakes Cause Girl’s Death

February 22, 2012

If not for a series of “mistakes” made by the four paramedics who treated Starks on that fateful day, attorney Brian Murphy argued that the girl would be alive today.

The first mistake was that the child was “intubated through the esophagus that leads to the stomach, instead of through the trachea that leads to her lungs,” Murphy said.

The second mistake involved ignoring a “standing medical order” issued by the Fire Department. According to Murphy, it states that, if a patient’s condition worsens, paramedics are to look into the patient’s mouth to “visually observe where the breathing tube was placed.”If the paramedics had done that, Murphy said, “They would have seen the tube was in the esophagus and not in her trachea and they would have removed it and properly placed it.”

The third mistake involved the “fender-bender” that delayed Starks’ transport to the hospital.Instead of proceeding to Trinity Hospital after determining that the driver of the other vehicle was not injured, the paramedics chose to follow, what Murphy called a “ridiculous general order” that states that, if you’re in an accident involving property damage, you remain on the scene.

via Paramedics’ alleged mistakes in girl’s death likely to cost taxpayers .

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Dog bite Injuries – Denver TV Anchor’s Is Bitten In The Face During Interview

February 16, 2012

Approximately 800,000 dog bite attacks occur each year in the United States that require medical treatment. Children account for many of these dog bite victims. Each year, thousands of children are either killed or seriously injured by dog bites injuries. Dog bites can cause serious and disfiguring injuries that may have life changing and life long effects on a person. The effects are catastrophic all the way around: the victim will have to live with the effects of his injuries and the dog, more often than not, will have to be put down.

The story below is just an all too familiar story about an all too trusting individual who simply fails to assess the real dangers of getting too close to an animal with which she is unfamiliar.

A veteran Denver television anchor was injured Wednesday after she was bitten in the face by a dog while doing a live broadcast about a dog rescued by a firefighter. Kyle Dyer was interviewing Michael Robinson — the owner of an 85-pound Argentine mastiff that fell into a lake on Tuesday while chasing a coyote in the city’s Lakewood area — and firefighter Tyler Sugaski, who put on a wetsuit and rescued the dog, when the attack occurred. According to KUSA-TV, firefighters, paramedics and animal control officials were called to the station after the attack.

The station posted a statement on its Facebook page that Dyer was “getting medical attention due to the injury” and the station was waiting to find out the extent of her injuries before issuing further information. A station spokeswoman was not available for comment. The station showed video of Dyer petting the dog, but cut off the video before the attack and said they would not show it. A station spokeswoman did not return a call seeking comment. Julie Lonborg, spokeswoman for Denver Health hospital, said in a statement that Dyer was in fair condition and being evaluated by a trauma team. The hospital said she was awake and visiting with family. KUSA-TV said she may go home as soon as tonight.

Megan Hughes, spokeswoman for the Denver Environmental Health department, said no decision has been made on what will happen to the dog.

via Dog bites Denver TV anchor’s face during interview – CBS News.

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Wrongful Death – Mother: Cop, Not Ex-Boyfriend, Deserves Prison Time

February 1, 2012

At what point negligence becomes willful and wanton disregard for a person’s safety?

This is the question that the alleged facts of the case below raises for me. The alleged facts are generally that the boyfriend was drink and calls on his girl to drive hum home. She has a suspended driver’s license and has no babysitter on call. So she puts the baby in the safety seat, as she should, and get the drunk boyfriend. On their way home, they are stopped by a police officer. Upon realizing that the girl friend’s license is suspended, he arrests her, and gives the keys to the car and the baby in the back seat to the drunk boy friend to go home. On their way home, the drunk boy friend crashes the car killing the baby.

Police officers have immunity from the negligent acts they commit while in the performance of their duties. However, police officers are still responsible for willful and wanton acts they commit that causes harm to others. That is, while a police officer may not be held responsible for running into a bystander while chasing a bad guy, he can be held liable if he runs into the bystander on purpose or the chase he has entered into is so dangerous and so unreasonable that it becomes tantamount to a willful and wanton act.

In the case below, the police officer allegedly gives the keys to a drunk person allowing him to drive the vehicle along with the baby in the backseat. Is this an act of negligence that is tantamount to a wilful and wanton disregard for the safety of others, namely the baby in the backseat? I suppose if the case does not settle, twelve jurors will be able to tell us the answer.

“This police officer might have prevented this offense, but he did not cause it,” stated Burmilla.

However, LaFond’s attorney, Mark Horowitz, countered that Officer Felicetti bears all of the responsibility.

“He controlled the situation. He’s the one that pulled her over. He could have ‘A’ told Kathie to drive the child home. He could have given her a ticket roadside. He could have said go home, don’t let me catch you out again,” he said.

via Mother: Cop, Not Ex-Boyfriend, Deserves Prison Time | NBC Chicago.

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