Little Rock Personal Injury Lawyer - Wrongful Death

Tractor-trailer Rig Causes Death

Frank Bailey — Fri, 10 Oct 2008 12:01:41 GMT

Just when I think Mountain Home, Arkansas is a safe place to live, reality strikes. Yesterday on Highway 62-412 about twenty five miles west of Mountain Home near the small town of Viola a man was suddenly faced with an emergency situation. An 18 Wheeler overturned in front of him. Caleb Lard of Mountain Home did everything he could in the emergency situation to avoid hitting the three large rolls of rubber from the 18 Wheeler that blocked his path.
A utility pole on the side of the highway took the life of Caleb's passenger through no fault of Caleb according to the news reports.

Who is to blame? According to news reports, charges are pending against Roy Choate of Harrison, the driver of the Kenworth tractor that went out of control in a curve.

Living in Mountain Home, I drive on these curvy roads every day. But, do I expect a semi to lose control and overturn in front of me? Of course not.

We all need to take responsibility and drive cautiously, but sometimes there is nothing that can be done, as in a situation such as this when a semi rolls in front of you.

Also reported injured were 26 year old Chasity D Lawing of Mountain Home and two year old Ethan Pucket also of Mountain Home. It is not clear from the early reports how they were injured.

Developing…

Originally posted at InjuryBoard by Frank Bailey

Defective Valve Stems From China

Frank Bailey — Wed, 06 Aug 2008 16:25:08 GMT

Yet another Chinese import causes problems for Americans. The latest defective products are valve stems. Valve stems are the little black protrusions that are on the inside of each wheel and allow the tire to be inflated with air.

If a valve stem cracks, the air in the tire can suddenly escape, similar to a blow out, and the vehicle can go out of control and crash. The valves that are defective were sold between September 2006 and June 2007. There are some 30 million of these valve stems that were manufactured by Topseal, a subsidiary of Shanghai Baolong Automotive Corp. The valves were distributed by Dill Air Controls, an Oxford North Carolina, company.

Dill has issued a technical bulletin to its customers warning retailers to inspect the valves when the customers come in for regular service.

At this time the National Highway Traffic Safety Administration is investigating the problem.

During these hot summer months, I expect to see more of these failures as the heat from the pavement causes the rubber to decay faster.

Originally posted at InjuryBoard by Frank Bailey

Do I Need An Attorney

Frank Bailey — Fri, 25 Jul 2008 11:01:16 GMT

Occasionally someone will ask me if they need an attorney for one thing or another. I inquire a little about their problem and usually respond that, “Yes they should consult with an attorney before signing anything.” Why do I do that?

In my experience, attorneys don’t normally charge for an initial consultation. It is like a store that doesn’t charge for you to go in and try on shoes to see if you like them, or if they fit. Attorneys are the same way. The initial consultation is to see if you need an attorney, if you like the attorney you are consulting with, and if the attorney is willing to undertake your case.

In our practice, we have become very selective in the cases we accept. It doesn’t do us any good to take a case where there is little chance of doing the client any good. In cases where neighbors are fighting over a boundary line, or parents fighting over child visitation or the like, we really can’t do much good for the client.

On the other hand, attorneys usually can be very helpful in the case of an auto accident, a case involving a dangerous drug or product, or a medical malpractice case. In fact, in most of those types of cases, an attorney is absolutely necessary to get the best result.

In choosing an attorney, word of mouth is good. Other factors to consider are board certification, years of experience, and interest in your case. Most attorneys are willing to discuss their experience and qualifications. If they are hesitant to discuss those types of issues, look somewhere else.

Originally posted at InjuryBoard by Frank Bailey

Wrongful Death Lawsuit Filed Against Man Accused of Murder In Illinois

Shannon Weidemann — Thu, 09 Aug 2007 21:18:32 GMT

A man that has been charged with the first degree murder of his wife is now facing a civil trial as well. The woman's sister has filed a wrongful death lawsuit in DuPage County Circuit Court.

Prosecutors allege that the successful Naperville financial adviser slipped his 42-year-old wife the date-rape drug GHB so she would be unable to resist his attack when he fatally smothered her body with his.
Although the state's criminal case against Svenstrup is still weaving its way through the judicial system, Palumbo's brother has filed a wrongful death suit against Svenstrup, seeking more than $200,000.

His trial for the six counts of first degree murder is set to begin on August 21st. The civil trial has a status date in September.

For more information on this subject matter, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Shannon Weidemann

Child Killed on Carnival Ride in Hope

Shannon Weidemann — Thu, 21 Jun 2007 17:27:22 GMT

A boy and his mother were riding a carnival ride when they were thrown from the ride and then hit by cars from the ride. They were both taken to a local hospital. The 7-year-old boy was transferred to Arkansas Children's Hospital in Little Rock. He died from his injuries at the hospital.

The operator of the ride, Dewayne Mathis of Hope, said the accident occurred about a minute into the Sizzler's ride sequence. He said that, after the two fell from the car they were riding in, they were struck by other cars of the ride before it came to a halt. He said that, though the motor driving the ride had been shut down, momentum kept the machinery moving.
Mathis said that, after the two were taken to the hospital, he inspected the ride car, and believes a pin that was supposed to secure the safety bar and doors came out of the hole that should have kept it in place. Mathis believes the initial jolt of motion when the ride started broke the spring-loaded mechanism free.

The ride is being inspected and a full investigation is taking place. The ride is not in use until it can be deemed safe.

For more information on this subject, please refer to our section on Propery Owners' Liability.

Originally posted at InjuryBoard by Shannon Weidemann

Wrongful Death Suit Filed in Eells Death

Shannon Weidemann — Thu, 26 Apr 2007 16:30:02 GMT

The family of Billie Joe Burton have sued KATV in Little Rock for wrongful death after she was killed last year in a car accident on Interstate 40. Paul Eells, the football broadcaster, was driving the KATV car that hit Burton's car. Both Burton and Eells died in the crash. His car crossed the center median of the interstate.

In its response Thursday, the television station denied negligence. In its filing, it acknowledged only that Eells worked for it, that he and Burton died of injuries suffered in a car accident and that Eells played golf and worked for the station on the day he died.
The Burton family lawsuit, initially filed March 9 in Russellville, said Eells was negligent and that KATV, because Eells worked for the station and was driving a car that the station owned, was also at fault.

A jury trial has been requested by both sides. The police report found that Eells' car did not slow down on the median.

Originally posted at InjuryBoard by Shannon Weidemann

Parents Allowed to File Wrongful Death Suit Past Statute of Limitations

Shannon Weidemann — Mon, 16 Apr 2007 15:49:10 GMT

The parents of a 16-year-old girl are able to file a wrongful death lawsuit six years after she was killed despite the statute of limitations running out. A Judge has ruled that due to the investigation being ongoing and the driver of the car being unknown that the statute does not apply.

The plaintiffs learned the defendant's identity when he was indicted on March 4, 2002. They brought a wrongful-death claim against him, his business, another individual and his insurance company on May 4, 2004.
The defendants initially brought a Rule 12(b)(6) motion to dismiss the claim, arguing that the action was time-barred. Bohn denied the motion in June 2005, ruling that the defendant's fraudulent concealment of his identity tolled any limitations period that might apply to the case.
Next, the defendants moved for summary judgment, arguing again that the plaintiffs' complaint was time-barred because it was not brought within three years of the date of the accident as required by G.L.c. 260, Sect. 4B, the statute of limitations for hit-and-run accidents.

The parents had received an anonymous letter a year after the accident with information on who was responsible for the accident. The police took the letter and told the parents to not investigate the matter on their own.

Originally posted at InjuryBoard by Shannon Weidemann

Wrongful Death Lawsuit Jurors Tour Accident Site

Staff Writer — Wed, 07 Dec 2005 10:14:10 GMT

Jurors in a wrongful death lawsuit toured the facility yesterday where a teenager died when he was crushed by a recycling paper and cardboard baler. Jordan Dalrymple was on his next-to-last day on the job at Jefferson County Landfill and Recycling Center in Pine Bluff when he was trying to clear a jammed conveyor belt on the baler and fell into the hopper where the machine's compactor crushed him.

Plaintiff attorneys are suing the machine's manufacturer as well as its distributor claiming the baler equipped with sufficient safety devices such as handrails and satisfactory power controls. Jordan's fall activated the a sensor on the baler which, in turn, started the device's compacting ram.

According to the Arkansas Democrat-Gazette:

â€œI heard a holler,â€ said Ron Via, an employee at the recycling center who testified Tuesday. â€œI looked down in the machine and saw him laying on his back.â€
Via shut off the baler, but it was too late. Emergency workers pulled Jordan Dalrympleâ€™s body from the machine about two hours later. A summer employee, Jordan Dalrymple died on a Thursday, the day before his last scheduled day of work at the recycling center. According to a published report after his death, Jordan Dalrymple was about to move to Jonesboro and attend Arkansas State University.

Originally posted at InjuryBoard by Staff Writer