Personal Injury – Bicycle Injuries – $5M Settlement in Truck versus Bicycle Accident

April 14, 2012

The interesting thing that I keep seeing in personal injuries resulting from intersection related incidents, is that the person who is in the intersection at the time the personal injury event occurs, regardless of stop signs and who did or did not stop at the signs, controls the the intersection and therefore has the right of way.

In the personal injury case illustrated below, since the Plaintiff must have already been in the intersection, therefore was in control of the intersection, had the right of way. The truck driver did not look to his right before proceeding into the intersection and hit the biker causing him catastrophic injuries.

In other words, just because a person failed to stop at a stop sign, does not give green light for other drivers to plow them over…

A case involving an elderly bicycle rider who lost part of his leg after a truck struck him recently settled for $5 million.The case stems from an Aug. 14, 2009, accident between Paul Zanoni and a Mack truck.

On that date, Zanoni rode his bicycle home from church when a truck owned by Rossi Contractors Inc. of Northlake hit him near a Bellwood intersection, said [Plaintiff’s Lawyers].

Zanoni did not stop his bicycle at the crosswalk near the intersection of Madison Street and 25th Avenue in Bellwood, he said.The truck’s driver, John O’Shea, moved through the intersection but did not look to the right and struck Zanoni, he said. Zanoni became trapped under his bike and the truck dragged him about 40 feet before stopping.

via Chicago Daily Law Bulletin – The City’s No. 1 Source for the Law Profession.

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A World Without Lawyers

March 26, 2012

I have heard many tales about how life would be if only lawyers would not be around. You know, the joke that goes something like this: “What do you call a dozen lawyers dead at the bottom of the sea?” and the answer is something like: “a good start.” We have all heard the lawyer jokes and I always get a good chuckle out of them. But in reality, the world would be a dismal place was it not for us lawyers who are the last line of defense between those who place money and profit ahead of all else including the safety of the people around them. Lawyers are making sure your rights are preserved and those who do harm are held accountable for their action.

It is all about personal responsibility.

A World Without Lawyers
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Work Injury – Product Liability – Doctors Remove 3.5-inch Nail from Worker’s Brain

March 20, 2012

workplace injuryWhat came to my mind was a question about safety of the nail gun used. As lawnmower have what is commonly referred to as a “dead-man’s switch” which cuts of the engine to the mower if the operator lets go of the handle, I am surprised that a nail gun could still fire without anyone holding it. Here, the accident occurred when the worker let go of the nail gun and it fell on his head! I like to hear about what causes of action, aside from the obvious worker’s compensation claim resulting from the workplace injuries, an attorney looking at the facts and the details could come up with. Off the top of my head, I see a potential product liability case here.

Autullo was standing on a ladder, reaching over his head to drive nails into the top of a wall, when he lost his grip on his nail gun. The recoil swung the gun back and pressed it against his skull. From the outside, it appeared to be a minor scrape, but just below the skin was the head of a nail.

via Doctors remove 3.5-inch nail from man’s brain – chicagotribune.com.

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Criminal Law – Go to Trial – Crash the Justice System

March 19, 2012

In this era of mass incarceration — when our nation’s prison population has quintupled in a few decades partly as a result of the war on drugs and the “get tough” movement — these rights are, for the overwhelming majority of people hauled into courtrooms across America, theoretical. More than 90 percent of criminal cases are never tried before a jury. Most people charged with crimes forfeit their constitutional rights and plead guilty.

“The truth is that government officials have deliberately engineered the system to assure that the jury trial system established by the Constitution is seldom used,” said Timothy Lynch, director of the criminal justice project at the libertarian Cato Institute. In other words: the system is rigged.

In the race to incarcerate, politicians champion stiff sentences for nearly all crimes, including harsh mandatory minimum sentences and three-strikes laws; the result is a dramatic power shift, from judges to prosecutors.

via Go to Trial – Crash the Justice System – NYTimes.com.

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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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