Cleveland Personal Injury Lawyer - Wrongful Death

Family of Ohio State University Freshman Who Was Crushed to Death by Elevator Sues University

Nick DiCello — Thu, 22 Jan 2009 10:16:11 GMT

The civil justice attorneys at Spangenberg, Shibley & Liber, LLP have filed suit against the Ohio State University over the death of freshman, Andrew K. Polakowski, who was crushed to death by a dormitory elevator on October 20, 2006. While descending with students inside, the elevator unexpectedly stopped with its doors open in between floors. Andrew attempted to exit the elevator and was crushed when it began descending once again. Andrew's parents, Kazimierz and Janina, claim the school was negligent in maintaining, inspecting, repairing, and operating the elevator in Stradley Hall.

The suit, filed in the Ohio Court of Claims, alleges the elevator had a faulty brake, an inadequate counterweight, a disconnected load-weighing device, no overload warning system, and no adequate safety device to keep it from falling if the brake failed or should the doors open.

After Andrew's death, the Ohio Department of Commerce, a state entity which monitors the safety of elevators in Columbus, Ohio, tested the elevator and determined it would not hold the weight (3,1250 lbs.) it was supposed to. Furthermore, the Department of Commerce concluded the main brake of the elevator failed.

Andrew, age 18, was the Polakowskis' only son. The family lives in Erie, Pennsylvania with Andrew's three sisters.

The Complaint initiating the suit can be read at www.cco.state.oh.us by clicking on "civil cases" and then "case information."

Originally posted at InjuryBoard by Nick DiCello

Hazing Kills

Nick DiCello — Thu, 11 Dec 2008 16:30:30 GMT

All of us have likely seen or been involved in some form of hazing over the course of our lives. Indeed, making the new guy or gal earn his or her stripes is tradition in school, fraternities and sororities, sports, the military, and even the workplace. Some would say it helps build a sense of cohesiveness, and I think some traditions certainly do. For example, making the rookies carry the water establishes team hierarchy and order in athletics as well as a sense of contribution on behalf of the newbies. The spectrum of hazing, however, ranges from constructive to innocent horseplay to violence and humiliation and even to death. In fact, most states now have laws on the books making hazing illegal and stiff punishments to back those laws up.

In the group dynamic, particularly when young people are involved, hazing can become wildly dangerous and quickly get out of control. Most of us have probably seen footage of the high school junior girls of a wealthy Chicago suburb being beaten and covered with feces by the senior girls in what was supposed to be a long-standing tradition of innocent hazing surrounding a powder puff football game. More tragically, however, most of us have probably heard a story about a college freshman in one of our higher learning institutions die from hazing. Recently, students at numerous colleges and universities have died from alcohol poisoning, water intoxication, DUI motor vehicle accidents, and suicide, all as a result of hazing. Even more students have been injured, expelled, incarcerated, or disqualified from participating in athletics because of their involvement in hazing-related activities. For an excellent video compiling numerous unfortunate hazing cases and that is intended to educate all of us about hazing go to http://inmemoryofjack.com/ and click on the video link.

Hazing is illegal and civil liability can reach a wide spectrum of people involved or who have the power to prevent it, including fraternities and sororities, their national chapters/organizations, school administrators, students, coaches, athletes, colleges and universities, employers, co-workers, and parents to name a few. No more can we endorse the attitude that hazing is harmless or not dangerous because it may be based on long-standing tradition.

If you or someone you know is participating in hazing or being hazed, you have an obligation to report it and try to stop it. If you or someone you know has suffered injury or death as a result of hazing you should not hesitate to contact a civil justice attorney to impose civil liability on those responsible.

Originally posted at InjuryBoard by Nick DiCello

Nursing Homes And Wrongful Death

Paul Grieco — Sat, 24 Feb 2007 17:20:08 GMT

Each and every day families are faced with the decision as to whether to send a loved one to a nursing home for either temporary care and treatment or for permanent care. The decision making process is a very tough one and due to recent cases, which have demonstrated the inadequate care many patients receive at nursing homes, the decision must be made only after a thorough investigation is conducted. Many times nursing homes are short staffed and improperly staffed. Many times those caring for the elderly just don't care. Just yesterday I spoke to a family whose loved one was sent to a nursing home for rehabilitation after a surgery. After spending a week in the nursing home she had to be rushed to the hospital, where doctors discovered a horendous infection had basically shut down her system. She died a short time later. Stories like this are not unusual. Families who have loved ones pass away while in a nursing home or after being in a nursing home should ask questions of the facility and investigate exactly what happened. The answers discovered may very well show the nursing home was negligent and a wrongful death action may hold the nursing home facility responsible.

Originally posted at InjuryBoard by Paul Grieco

Ford Worker Dies in Machine at Plant in 2nd Industrial Accident of Day

Jack Landskroner — Sun, 04 Feb 2007 11:59:29 GMT

Friday evening a worker at Ford's plant in Brookpark, Ohio was killed in an industrial accident when he fell into a machine.

Francisco Fraticelli of Broadview Heights died from injuries to his chest, abdomen and pelvis after falling into a machine at Ford's casting plant.

Fraticelli was a member of United Auto Workers Local 1250. The Union along with OSHA will be conducting an investigation the incident.

This alarming incident was not however, an isolated event, but shockingly it was the second catastrophic injury occurring at the plant that day, raising serious concerns about plant safety. Earlier Friday another worker was hurt suffering a workplace injury when he was hit in the face with what was believed to be a hook sending him flying into a pit of hot sand used in the mold making process. He suffered second degree burns and was taken to the hospital.

Workplace safety must be a priority at all industrial plants because the risk of harm can be so great. When an employer is aware of a dangerous circumstance or operation within its premises it must act to eliminate the risk of harm to its employees. If the employer fails to do so, the resulting injury gives rise not only to a claim for workers' compensation benefits but also to a claim for employment intentional tort where accountability and full recovery can be obtained for the injured victim and/or his family.

Originally posted at InjuryBoard by Jack Landskroner

Defect in Elevator Results in Death

Jack Landskroner — Tue, 14 Nov 2006 08:37:18 GMT

A recent blog by Columbus Injuryboard Attorney Scott Smith highlights a terrible incident that occurred at Ohio State University college where a dormitory elevator defect resulted in the death of a college student when the elevator did not brake properly causing it to crash.

Andy Polakowski, attempted to exit the disabled open elevator door located in Stradley Hall when it fell crushing him to death between the opening of the door and the next floor.

University records suggest that complaints about elevators were commonplace at OSU in this dormitory and yet little if anything was done to address these concerns.

There are many dangers associated with the use of elevators ranging from operator abuse such as overloading to negligent maintenance and upkeep. Our experience in handling elevator injury claims have included cases involving defects in breaking mechanisms as well as the improper opening of elevator doors. According to the Non-Profit Risk Management Center:

Elevators have many moving parts that must be serviced on a regular basis to remain safe. The entity should have a regular maintenance schedule and a procedure to report malfunctions. Maintenance includes lubrication of moving parts, and repairing or replacing faulty or non-operating components.

It appears in this case that regular maintenance or at least proper maintenance was not performed and this was truly a foreseeable accident.

The wrongful death of this student is a tragedy which could and would have been prevented had the University took heed of the warnings it received to make appropriate and timely repairs. We can only hope that the message has been sent so no other families must suffer the loss suffered by the Polakowski family.

Originally posted at InjuryBoard by Jack Landskroner

Police Stun Guns Still Deadly

Justin Madden — Tue, 31 Oct 2006 10:46:27 GMT

Police 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 the victim was shot, or struck by a fist, or a flashlight, or a baton, while being taken into custody, particularly if the victim was handcuffed.

In such situations, the victim or their family might want to discuss the incident with a lawyer who is experienced in handling civil rights claims against law enforcement officers.

Originally posted at InjuryBoard by Justin Madden

Automated External Defibrillators (AEDs) Save Lives

Paul Grieco — Wed, 26 Jul 2006 07:00:00 GMT

Recently there have been a number of wrongful death law suits filed as a result of health clubs failing to have AED's - Automated External Defibrillators on their premises. These devices can immediately "shock" the heart back into pumping when someone suffers a heart attack. Any health club should have such a device easily accessible in the event someone working out suffers a heart attack. Use of an AED can save precious time in reviving a victim of a heart attack. Failure to have such a device , can expose not only health clubs to wrongful death suits, but also other premises. Many public facilities such as airports, hotels, schools and office buildings now regularly have AED's available to save lives. The cost is well worth the benefit.

Originally posted at InjuryBoard by Paul Grieco