- Justin Madden | October 31, 2006 10:46 AM |
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Wrongful DeathPolice stun guns have caused fatal injuries in 156 occasions. The use of a stun gun to subdue a person, that results in serious injuury or death, may be a violation of one's civil rights, in a charge known as excessive force.Any person injured to an extensive degree by the use of a police stun gun may have a claim for excessive force or violation of one's civil rights. This may also be true if...
- Paul Grieco | October 30, 2006 12:29 PM |
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Property Owner's Liability (Slip & Fall)Yesterday, when you turned your clock back one hour, as a result of day-light savings time, did you also remember to check the batteries in your smoke detectors? Smoke detectors save lives! Recently in the news, there have been stories concerning house fires. These stories remind us how important smoke detectors are in our homes. Make sure your home, apartment or any other type of dwelling is...
- Jack Landskroner | October 30, 2006 5:46 AM |
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Defective & Dangerous ProductsOn Tuesday, 10/31 the US Supreme Court will hear argument on the state of use and effect of punitive damages in our court system. Over the past 6 years or so, the court has steadily eroded the effectiveness of such damages, created to deter reckless and indifferent conduct, by limiting the recovery available when big business has manipulated or knowingly harmed 3rd parties. Court watchers...
- Rebecca Castell | October 27, 2006 2:49 PM |
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Property Owner's Liability (Slip & Fall)Trick or treating is surely one of the highlights of the year for children. Dressing up as a favorite action hero or character and of course, all the candy, is enough to make kids forget about safety concerns. Before taking your children out for beggar's night, make sure to take some precautions. The National Safety Council has published a list of trick or treat safety suggestions for parents...
- Justin Madden | October 27, 2006 10:55 AM |
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Medical MalpracticeThe pharmaceutical industry is a multi billion dollar a year industry. Prescriptions are no longer just filled at the local drug store, where you would expect a competent pharmacist to work. Instead, prescriptions are filled at national chains, such as CVS, Rite Aid, as well as Wal Mart, and Giant Eagle. What's next, Home Depot? The intensely fierce competition for your pharmacy business...
- Justin Madden | October 26, 2006 2:32 PM |
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Workplace InjuriesInjured on the job? Most workers believe that if they are injured on the job, they will be taken care of under workers compensation system. In Ohio, that may not be such good news.Under the scandal plagued Taft administration, injured workers in Ohio's workers compensation system are now overseen by CareWorks of Ohio, a highly politically connected company that may not have the best interests...
- Jack Landskroner | October 26, 2006 6:46 AM |
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MiscellaneousWhy is it that when an insurance company is vying for your business, and of course your premium dollars, they claim to be "by your side" or "your good neighbor" or even the kind and generous "good hands people" but when the crisis hits and you are truly in your greatest moment of need they are no where to be found. For the unfortunate residents of Gulfport, Mississippi who lost everything...
- Justin Madden | October 25, 2006 1:15 PM |
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Medical MalpracticeRecently published national studies continue to show that minorities are subject to neglect and rejection in the present medical healthcare system. These studies show that regardless of the quality of their health plan, minorities are less likely to have major surgery at leading medical institutions, opting instead for less prestigious medical centers, with higher incidences of medical...
- Rebecca Castell | October 25, 2006 11:53 AM |
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Automobile AccidentsA civil suit was filed yesterday against James D. Cline, a repeat drunk driver and the bar which allegedly served the driver alcohol after he was visibly intoxicated. The lawsuit, brought jointly by the attorneys for the families of three Hiram College students killed in a motor vehicle accident on March 2, 2006 in Geauga County also names Cline's girlfriend, who allowed Cline to driver her...
- Paul Grieco | October 25, 2006 9:23 AM |
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MiscellaneousRecently, I came across an article published by the U.S.Chamber of Commerce entitled "The 'Not My Fault' Crowd". The article attempts to deceive readers, by suggesting that lawyers and the cases they file on behalf of their injured clients, cause harm to Americans by way of higher prices for products, courtrooms jammed with frivilous lawsuits and the erosion of bedrock American principles. ...
- Jack Landskroner | October 25, 2006 8:40 AM |
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Automobile AccidentsA Barberton, Ohio woman plead guilty yesterday, in Summit County Common Pleas Court, to aggravated vehicular homicide after striking a car and killing an Akron, Ohio woman.Jennifer Long, 25, was driving east on the interstate in Norton when she lost control at 12:15 a.m. June 30, 2005.She struck a car driven by Justin Curtis, 22, of Akron. His fiancee, Karey Scott, 21, of Akron, was killed....
- Jack Landskroner | October 25, 2006 3:38 AM |
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Automobile AccidentsAttorney Scott Smith of Columbus, Ohio has an informative post addressing safe driving habits and reminding us all, particularly in winter months, that we should all keep a safe distance from vehicle around us when operating a motor vehicle. Attorney Smith points out that As a driver, one is required to take into consideration, night driving, weather conditions, hills, curves, turns and poor...
- Rebecca Castell | October 24, 2006 4:08 PM |
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Automobile AccidentsIf a loved one is injured in a motor vehicle accident or a workplace injury and unable to communicate, would emergency personnel or medical providers know to contact you? Chances are your loved one doesn't carry information that states "in case of emergency, please contact...."Cell phones can change that. After years of looking through wallets and purses trying to track down family members,...
- Paul Grieco | October 24, 2006 9:32 AM |
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Property Owner's Liability (Slip & Fall)Residents of apartment complexes have a right to expect that their landlords will provide adequate safety to tenants and their guests. The duty of providing safety at an apartment complex extends to those risks that are foreseeable to the landlord. What is foreseeable? It all depends upon the circumstances surrounding a particular apartment complex. If the complex has knowledge that there...
- Justin Madden | October 24, 2006 9:08 AM |
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Property Owner's Liability (Slip & Fall)Each day we step into an elevator, we take a leap of faith. We trust the elevator to function properly. If it does not, we have effectively stepped into an open shaft and a long dangerous fall.Elevators kept on the premises of a landowner require regular inspections and maintenance. If an elevator malfunctions, and a fall occurs, resulting in injuries or death to the passengers, a premise...
- Jack Landskroner | October 24, 2006 6:21 AM |
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Medical MalpracticeThe Journal of the American Medical Association (JAMA) has published the results of a study which reports over 700,000 Emergency Room visits a year as a result of adverse drug reactions (ADR's) to prescription drugs and over the counter medications. The article is titled "National Surveillance of Emergency Department Visits for Outpatient Adverse Drug Events" and reports:Patients 65 or older...
- Rebecca Castell | October 23, 2006 3:30 PM |
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Automobile AccidentsAs Ohio slips into winter's icy grasp again, it is important to remind drivers to take every precaution to prevent a motor vehicle collision. Regardless of the numerous safety features in today's vehicles, there is no substitute for preparing your car for winter. Proper vehicle maintenance and preparedness for winter travel can go a long way toward safe driving. Winterize your vehicle and...
- Justin Madden | October 23, 2006 10:21 AM |
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Medical MalpracticeNursing Home Abuse cases are repulsively still common occurrences in our society. The helpless elderly patients in public or private nursing home facilities still suffer abuse or neglect by the employees who are paid to protect and care for them.No family member should ever tolerate this type of misconduct. Bruising, malnourishment, bedsores, or sudden unexplained changes in personalities may...
- Jack Landskroner | October 22, 2006 11:29 PM |
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Defective & Dangerous ProductsOn October 18th the Food and Drug Administration posted a recall for prepared egg salad sold by Ballard's Farm Sausage, Inc. of Wayne, WV because of contamination with Listeria monocytogenes. The recalled egg salads were distributed in West Virginia, Ohio, Pennsylvania, New York, New Jersey, Virginia, North Carolina, South Carolina, Tennessee, Georgia, Michigan, Kentucky, Indiana, Alabama,...
- Justin Madden | October 20, 2006 9:17 AM |
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Automobile AccidentsRailroad crossing accidents are still an area where motor vehicle injury victims deserve compensation. Motorists who are injured by trains at poorly guarded railroad crossings should never accept a "tough luck" attitude by the railroad company. There are numerous, extremely dangerous railroad crossings in Ohio, particularly in rural farm and cropland areas. Instead of having active crossing...
- Jack Landskroner | October 19, 2006 9:31 AM |
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Defective & Dangerous ProductsEach day I get up at 5:45 a.m. and head off to the gym. As I mount up the stairmaster with my paper in front of me I read the local and national news perusing story after story about how the quality of medical care is getting worse, how overmedication and prescription errors are on the rise, how workplace safety has been relaxed, how defective products are causing death and catostrophic injury...
- Paul Grieco | October 19, 2006 12:05 AM |
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Medical MalpracticeA recent study has confirmed the importance of checking out the quality of a hospital before you seek treatment at the facility. The study compares the nature of treatment patients receive at "5 star" hospitals as opposed to those ranked lower, some as low as "1 star". Those facilities ranked with 5 stars, had significantly lower death rates than those ranked with less stars.Before undergoing a...
- Paul Grieco | October 18, 2006 10:55 AM |
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MiscellaneousAs election day fast approaches, many candidates and their supporters have utilized campaign ads which demonize trial attorneys and our civil justice system. Don' t be deceived by this rhetoric. Trial attorneys protect your rights and hold wrongdoers accountable . Our civil justice system mandates that any individual or any entity that negligently injures another has a duty to fully and...
- Justin Madden | October 18, 2006 10:42 AM |
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MiscellaneousDaily, emissions from power plant smokestacks descend upon residential communities, coating cars and homes with substances that often peel the paint.The plant owners assure the citizens there is nothing to worry about. Really?Human tissue, internal and external, supposedly can withstand toxic emissions better than car paint and house paint?If smokestack emissions coat and cover your home, or...
- Justin Madden | October 17, 2006 1:21 PM |
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Automobile AccidentsWhen signing a school permission slip for your child to go on a school field trip, be sure not to assume that it relieves the school for everything that might go wrong. Sometimes the bus carrying the school kids may be involved in a motor vehicle accident and the school would still have responsibility for any injuries that might occur.No one ever wants to think that an incident would occur...
- Jack Landskroner | October 17, 2006 10:47 AM |
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Medical MalpracticeFederal regulations prohibit the sale of human tissue or body parts; however, that has not stopped those in the industry from using loopholes in the law to turn huge profits. The harvesting and processing of human tissue is largely governed by the Uniform Anatomical Gift Act. This act was passed in 1968 and revised in 1987. The Act:Explicitly prohibited the sale of human organs. Federal law...
- Paul Grieco | October 16, 2006 11:31 AM |
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Medical MalpracticeAfter receiving publicity as a result of giving lethal doses of a drug to three premature babies, an Indiana hospital is again in the news as a result of another error. This time an anesthisiologist who works at Methodist Hospital in Indianapolis, gave a patient pain medication ten times faster than intended, causing temporary paralysis in the patient. The medication was in the form of an...
- Paul Grieco | October 13, 2006 2:57 PM |
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MiscellaneousThe current scandal arising out of the human tissue industry has caused a great deal of concern among funeral homes. Now, further illegal conduct is alleged to have occurred within the funeral industry and is raising more concern. A judge in New Hampshire has certified a class action lawsuit against a crematorium as a result of numerous families claiming the facility mishandled, mislabeled,...
- Paul Grieco | October 12, 2006 9:44 AM |
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MiscellaneousThe treatment given to many of the homeowners whose lives were devastated by Hurricane Katrina, by the Insurance Industry has hit close to home with one Senator. Senator Trent Lott, who lost his home in Mississippi during Katrina, indicated that he was angered by the Insurane Industry's "insensitivity and outright meanness" in rejecting many homeowners' claims arising out of Katrina.The conduct...
- Paul Grieco | October 11, 2006 10:52 AM |
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Defective & Dangerous ProductsFord Motor Company is recalling over 130,000 vehicles because of a defect in the vehicles door latches. The defect may cause the car doors to open while the car is moving. The recalled vehicles include the Ford Five Hundred, Mercury Montego and Ford's minivan the Freestar. Further information about this recall and other product defects and recalls can be obtained through the National Highway...
- Jack Landskroner | October 11, 2006 6:23 AM |
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Medical MalpracticeMedication errors are on the rise. Injuryboard Attorney Thomas J, Methvin summarizes a recent report by a national medical advisory organization in his recent blog post:The Institute of Medicine, the nation's most prestigious medical advisory organization, released a report, "Preventing Medication Errors," on July 20th that revealed the magnitude of the problem. It's estimated that as many as...
- Paul Grieco | October 10, 2006 3:39 PM |
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Automobile AccidentsIn my August blog What To Do When In An Auto Accident, I provided some helpful hints in terms of protecting ones self when involved in an auto accident. Unfortunately these days, insurance companies are making it much more difficult for victims of auto accidents to resolve their auto accident claims on their own without the need of an attorney. Victims must remember that insurance companies...
- Paul Grieco | October 09, 2006 1:15 PM |
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Defective & Dangerous ProductsNow that it appears it is safe to eat spinach after distribution ceased due to e coli contamination, concerns over contamination in lettuce has arisin. Possible contamination has occurred as a result of the water supply utilized to irrigate lettuce crops. While it is too early to determine the full extent of the problem some lettuce growers have voluntarily recalled their lettuce. The recent...
- Jack Landskroner | October 09, 2006 8:07 AM |
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Head & Brain InjuriesI have represented a number of clients who have suffered serious head injuries after traumatic incidents. The traumatic brain injuries have resulted from car and motorcycle accidents, from falls and injury both in and outside of the workplace, and even from intentional conduct including bar fights and shaken baby syndrome. In each instance, the nature of the injury, even with competent medical...
- Jack Landskroner | October 08, 2006 10:42 PM |
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Automobile AccidentsOn September 28th, Northeast Ohio once again witnessed another incident of a repeat drunk driver causing damage to three other vehicle in not one but two separate accidents. The driver attempted to leave the scene of the first accident when he caused the second. This offender, Jimmy Evans, 46, of 5636 Hickory St in Mentor, Ohio has six prior convictions for driving while intoxicated starting...
- Justin Madden | October 06, 2006 10:53 AM |
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Property Owner's Liability (Slip & Fall)Life on college campuses can be hazardous. Students cannot always control or avoid rowdy behavior of other students. In a premises liability theory Colleges and Universities may be liable for injuries caused to a student by the actions of other students on campus.This can be especially true in cases where the College or University knew there was a large event, knew that the students could...
- Paul Grieco | October 04, 2006 2:35 PM |
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Medical MalpracticeIn follow-up to my blog posting concerning Children and Anesthesia, the dentist who was treating a 5 year old girl when she lapsed into a coma has been suspended from practicing and his office shut down given his conduct.. The dentist faces charges including gross malpractice.
- Justin Madden | October 04, 2006 12:28 PM |
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Automobile AccidentsEach year more than 5,000 fatal motor vehicle accidents involve a tractor trailer. Sleepy truckers, intoxicated truckers, overweight trucking loads, trucks in poor mechanical condition, truckers who have been driving too long, all contribute to terrible and horrific incidents on the highway.The government, through the National Highway Traffic and Safety Administration, or NHTSA, has developed a...
- Justin Madden | October 04, 2006 12:17 PM |
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Automobile AccidentsWhen drunk drivers kill innocent motorists in alcohol related motor vehicle accidents, there are generally two parties to blame: the drunk, and the enterprise that allowed the drunk to get drunk.In these senseless events, the loved ones of the victim certainly deserve to see the drunk driver sentenced to jail. But jail doesn't compensate for the pain, the grief, the injury, and jail doesn't...
- Justin Madden | October 04, 2006 12:11 PM |
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Automobile AccidentsTragically, some family car rides end in a terrible motor vehicle accident. Sadly, there are occasions where the driver in the family vehicle may have caused the crash, and a family member in the vehicle is injured or killed as a result. In these instances, families should file a claim on their insurance policy. If the insurance company should attempt to deny the claim, the family should...
- Justin Madden | October 04, 2006 12:01 PM |
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Automobile AccidentsRush hour can be a prime time for motor vehicle accidents. Frequently, innocent motorists suffer injuries due to inattentive rush hour drivers.During rush hour, drivers can lose focus on safe driving because they are in a hurry, talking on a cell phone, shaving, applying makeup, or just not awake.A motorist injured under these cirucmstances should be entitled to compensation. Contacting a...
- Justin Madden | October 04, 2006 12:00 PM |
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Automobile AccidentsMotorcyclists drive at risk on our roadways, because truck drivers and auto drivers frequently fail to see a motorcyclist in their mirrors. Because motorcylists are much smaller objects on the roadway, they are at risk to be cut off or struck by a motorist in a motor vehicle accident.Persons injured in motorcyle-car collisions will encounter some adverse reaction by a jury because riding a...
- Paul Grieco | October 04, 2006 9:04 AM |
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Medical MalpracticeThe realities of the medical industry, make it very difficult for doctors to spend a lot of time with their patients. However, the failue of a doctor to take the necessary time to communicate with a patient and vice-versa can lead to misdiagnosis and other problems. A recent study suggests that patients voice their opinions during visits with doctors and bring family members to the visits to...
- Justin Madden | October 04, 2006 7:51 AM |
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Automobile AccidentsOne additional reason to dislike the dreaded orange barrels on the highway - the danger of motor vehicle accidents in a construction zone.Construction zones, particularly at night, are highway hazards. Drivers are in a hurry. The zones are narrow. Lighting can be bad. Improper lane changes occur. Tractor trailers are especially dangerous.Highway accidents at high sppeds and in cramped...
- Jack Landskroner | October 03, 2006 9:51 AM |
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MiscellaneousCampaign contributions continue to cast a dark cloud over the judiciary. Sadly, the poster child for why this has become a problem appears to be the Ohio Supreme Court which was the focus of a recent expose' by the NY Times on the question as to whether money is polluting the independence of the judiciary While Ohio certainly has some eminently qualified judges sitting on our states high...
- Justin Madden | October 03, 2006 6:44 AM |
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MiscellaneousA civil cause of action exists for victims of police misconduct. When police misconduct results in a violation of a citizen's rights, the offended citizen has a right to seek compensation and accountability from the police officer and the municipality employing the police officer.These cases are complicated and entail a great deal more than merely filing a citizen's complaint at the station....
- Paul Grieco | October 02, 2006 4:44 PM |
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Medical MalpracticeWalgreens Pharmacy has been ordered to pay $31 Million Dollars to the family of a 79 year old man who died as a result of the misfilling of a prescription. The pharmacist who filled the prescription was employed by Walgreens, despite his addiction to pain medications and other serious problems which put consumers at risk Jurors properly determined that the only way to change the enviroment at...