West Virginia Personal Injury Lawyer - wrongful death - Most Commented

4 Dead in Minneapolis Bridge Collapse

Mike Simon — Fri, 03 Aug 2007 10:18:33 GMT

The eight-lane Interstate 35W bridge, a major Minneapolis artery, was in the midst of repairs when the bridge collapsed during the evening rush hour Wednesday. Cars plummeted more than 60 feet into the Mississippi River, some falling on top of one another.

At least four people are confirmed dead, and approximately 79 were injured as a result of the collapse. Eight people are still missing. Divers continue to search the wreckage, but progress is slow due to the amount of debris in the water, including a number of vehicles.

The bridge failure appears to have been the result of a failure by state officials to acknowledge and take seriously prior reports regarding the structural problems with the bridge. There is a rush now by governments everywhere to inspect their bridges. Unfortunately, the heightened awareness was too late to save the people in Minneapolis.

Unfortunately, the accident is not the only of its kind. The worst bridge collapse accident in American history occurred here in West Virginia when the Silver Bridge collapsed in December 1967, killing 46 people.

For more information on this subject, please refer to our section on the Minneapolis Bridge Collapse.

Originally posted at InjuryBoard by Mike Simon

Suit Over Wandering Nursing Home Resident's Death Settled For $750,000

Mike Simon — Fri, 27 Jul 2007 12:16:09 GMT

A $750,000 settlement reached in June between a Pennsylvania nursing home and Francis X. Ounan has been approved by a federal judge. Ounan, the executor of his mother's estate, filed suit against nursing home chain Sunrise Senior Living Services, Inc. on January 15, seeking damages for claims of negligence and wrongful death. Nursing home administrator Lynn Plasha and nurse Cynthia Harbaugh were also named as defendants.

Ounan's mother, Margaret Ounan Boyle, died in November of 2005 from injuries she sustained while wandering from the nursing home. The day after her admission, Boyle fell while wandering from the nursing home, sustaining head injuries. She was found with police assistance and taken to the hospital, where she was diagnosed with bleeding of the brain and died the next morning.

Ounan claims that the nursing home knew at the time of his mother's admission that her Alzheimer's made her a high-risk for wandering. Ounan claims that the nursing home was grossly negligent in failing to institute adequate measures to prevent its residents from wandering. Further, he claims, the nursing home failed to formulate a plan to address his mother's tendency to wander.

Federal Judge Stewart Dalzell signed an order to approve the deal early in July.

For more information on this subject, please refer to our section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by Mike Simon

Day Shelter Cited for Deficiencies

Mike Simon — Thu, 10 May 2007 15:37:35 GMT

In a case of nursing care negligence, a 22-year-old Sissonville man who suffered from severe disabilities died after choking on a hot dog for approximately 45 minutes. At the time of the incident, the man was at West Sattes Day Program, a day shelter facility for disabled adults located in Nitro, West Virginia.

According to the report of the West Virginia Department of Health and Human Resources, the employee responsible for oversight of the man at the time of the incident had not been trained to care for the man or in appropriate CPR techniques, and had only recently been released from prison after serving time for aggravated robbery. Additionally, the shelter's employees apparently ignored medical records indicating that the man could not swallow solid food. Finally, and perhaps most shockingly, employees of the shelter carried the man nearly 200 feet through the facility, which delayed his treatment, and the telephone in the facility was not working. Kanawha County ambulance officials arrived on the scene approximately one minute after a call was received from an employee's personal cell phone, but the call was not made until the man had been choking for some time.

The Deaf Education and Advocacy Focus of West Virginia, known as DEAF, operated the West Sattes facility. The State revoked DEAF's license, but the West Sattes facility, which served approximately 50 disabled individuals initially remained open. In late April, the West Sattes facility and another DEAF facility in Boone County were closed, and their clients transferred to other programs.

Originally posted at InjuryBoard by Mike Simon

Huron County Jury Awards $600,000 to Estate of Slain Foster Child

Mike Simon — Thu, 05 Apr 2007 10:44:50 GMT

On March 23, a Huron County, Ohio, jury ruled that the county and its child welfare agency were responsible for the 2004 wrongful death of a child placed into foster care and killed by the foster father with whom she was placed. The child was stabbed five times by her foster father and allowed to bleed to death in a barn on his property.

According to witnesses in the trial, the agency was aware of several child abuse charges against the foster father, but still approved him as a foster parent.

According to reports, the jury asked during deliberations if it could specify where the award would go, but was instructed that that was outside the realm of their duties. At least one juror stated after the fact that if they could have specified that the money would go to the child's siblings the award would have been much higher.

The county is considering an appeal.

Originally posted at InjuryBoard by Mike Simon

UMW Says Roof Friction Caused Sago Disaster

Mike Simon — Tue, 27 Mar 2007 09:11:10 GMT

Over a year has passed since the Sago mine explosion killed twelve miners. International Coal Group, the owner of the Sago mine, as well as state investigators have concluded that the explosion was caused by a lightning strike, which ignited methane gas in the mine.

The United Mine Workers, however, has put forth a different theory. The union argues that it was not a lightning strike that sparked the methane, but friction between the roof of the mine and the metal support system used to hold the roof in place, citing the lack of a metal conduit at Sago that could have carried the charge that far. In its report the UMW also blamed the explosion on the federal Mine Safety and Health Administration for poor decisions in the period leading up to the explosion. The union accuses the Mine Safety and Health Administration of putting coal company profits ahead of worker safety.

Sago is a nonunion operation, and ICG issued a statement in response to the UMW report calling the conclusion unreliable and accusing the union of using the disaster as a means to promote union organizing.

Originally posted at InjuryBoard by Mike Simon

ATV Accident Kills Two

Mike Simon — Mon, 26 Mar 2007 09:08:27 GMT

An ATV versus car accident occurred at 3:20 a.m. on March 18 on Route 2 near Flat Rock, West Virginia. The ATV was traveling on the roadway, and had two riders when it was struck by an oncoming automobile. One rider was dead at the scene, and the other passed away later at an area hospital.

The driver of the automobile has been charged two counts of DUI causing death. Police continue to investigate the incident.

The accident comes amidst the West Virginia Legislature again not passing an ATV safety law in the most recent legislative session, and a call by Governor Manchin for public safety officials to provide a report concerning the specific causes of ATV accidents and injuries and deaths resulting from them.

Originally posted at InjuryBoard by Mike Simon

Mine Roof Fall Caused by Failure to Inspect

Mike Simon — Mon, 19 Mar 2007 09:21:35 GMT

A December mining accident in Monongalia County that resulted in the death of a miner has been blamed on a failure by the operator to make sure that the mine was safe. John Elliott of Newburg, West Virginia was killed on December 17 when the roof collapsed in the Dana Mining Company mine he was working in.

The Office of Miners' Health, Safety and Training blames the accident on a failure by pre-shift examiners to completely inspect the mine for safety prior to the start of work. Elliott was traveling in the mine in a mantrip vehicle with two other workers when the roof began to collapse. The other workers were able to exit the vehicle and get to safety, but Elliott, age 26, was pinned inside.

Following the accident, the company installed additional roofing support in the area of the accident, as well as a plan for additional roof bolting, which inspectors say indicate that the company was aware of a problem with the roof in that area.

Originally posted at InjuryBoard by Mike Simon

Tobacco Verdict Overturned

Mike Simon — Wed, 07 Mar 2007 08:29:45 GMT

The Supreme Court has overturned a $79.5 million punitive damages verdict against Philip Morris for the death of a smoker. The verdict came from an Oregon jury who had awarded the verdict to the widow of a man who was a longtime smoker of Marlboro cigarettes.

In Philip Morris USA v. Williams, the Court narrowly decided in a 5-4 decision to overturn the award, basing its ruling on a finding that the jury may have improperly based its punitive damages decision on the harm that the defendant had caused to persons other than the plaintiff in the lawsuit. Essentially, the Court found that the jury might have improperly considered the harm caused to smokers in the general public, as opposed to the plaintiff, in setting the punitive damages portion of the award, and used such evidence to punish Philip Morris. This was based, at least in part, on the attorney for the plaintiff asking the jury to think about other people in Oregon injured by tobacco when setting the punitive award.

The jury awarded $821,000 in compensatory damages, and then tacked on another $79.5 million in punitive damages.

The case has been sent back to the Oregon courts for further litigation consistent with the ruling. Notably, the Court did not act in a way that many business interests had hoped. It did not set a hard and fast rule for the ratio of punitive damages to compensatory damages. In fact, the ultimate precedent set by the Court's ruling is unclear. The Court has indicated that it is impermissible for the jury to punish a defendant for conduct injuring persons other than the plaintiff, but has also held that the jury may consider such evidence in determining the reprehensibility of the defendant's conduct.

Originally posted at InjuryBoard by Mike Simon

West Virginia Gas Station Explosion Kills Four

Mike Simon — Tue, 20 Feb 2007 11:29:04 GMT

An explosion at the Flat Top Little General Store on Route 19 in Ghent, West Virginia, near Winter Place ski resort killed four people. The explosion occurred at about 10:45 a.m., on January 30, just as a fire truck was pulling into the station in response to a report of a gas leak. The cause of the explosion remains under investigation with theories that it was a propane tank or a liquid petroleum tank that exploded. According to reports, the explosion was so forceful all that remains of the building is a pile of debris, twisted metal framework and a sign showing the price of gasoline. Reports also indicated that the explosion was felt at least a mile away.

Originally posted at InjuryBoard by Mike Simon