Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases

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Premises Liability: The Slip and Fall

    8/27/2008
    James R. Carroll, Jr., Esquire
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    Boy blinded in ATV rollover gets $6M settlement

    A 9-year-old boy blinded in an ATV (all terrain vehicle) accident received a $6 million settlement from his grandfather and his grandfather's businesses.

    In 2005, Thomas Richard Stewart V was operating an adult-size ATV on a hunting preserve owned by his grandfather, Thomas Richard Stewart III, when the boy became startled and lost control of the vehicle. It flipped over and its handlebar lodged into Thomas' left eye, blinding him in both eyes. 

    Thomas and his mother sued Stewart and his businesses, claiming they should not have allowed the boy to operate an ATV unsupervised. The defendants contended they weren't liable and argued that Thomas' father was responsible for the ATV at the time of the accident. The settlement was reached through mediation.  The case was out of Fayette County which is south of Pittsburgh.

    The see the entire report on this case, go to VerdictSearch.com.

    I've blogged about ATV accidents many times before.  See here and here.  If not careful, these "toys" can be very dangerous.

Vehicle and Automobile Accidents

    7/8/2008
    James R. Carroll, Jr., Esquire
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    The importance of wearing your helmet while riding an ATV

    I know I've blogged about this before, but riders of motorcycles and ATV's (All Terrain Vehicles) should always, always, always wear a helmet.  I know in Pennsylvania the law says that it's not necessary, but some riders who are involved in accidents pay the ultimate price.

    From the Towanda DailyReview.com:

    Robert Packer Hospital reported Monday that David Campbell of Sayre who was critically injured in an area ATV accident on Sunday has died.

    Campbell, 55, had been riding a 2005 Honda Rancher ES at 7:45 p.m. on July 6 on Marcy Hill Road in Monroe Township when he was thrown from his vehicle, according to state police.

    Campbell, who police stated had not been wearing a helmet, had sustained a severe head injury and was flown to Robert Packer Hospital, police stated.

    Here's more coverage of this horrible accident from The Morning Times.


5/19/2008
James R. Carroll, Jr., Esquire
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Man dies in ATV accident

 

From The Towanda Daily Review:

"A fatal crash occurred in Fox Township, Sullivan County, at 2:12 a.m. on Sunday when Christopher Robinson, 25, of Toughkenamon, was driving an ATV east on Picnic Ground Road, according to state police.

 
Robinson exited a right-hand curve, left the north berm of the road and struck a tree, police stated.

Police stated that Robinson, who was not wearing a helmet, suffered fatal injuries and was pronounced dead at the scene by Wendy Hastings, the Sullivan County coroner."

***This is similar to my rantings of wearing seat belts.  Wearing a helmet while driving an ATV (all terrain vehicle) is such a simple act that might save your life.  Riding ATV's can be very dangerous in and of themselves.  But, some, like the Yamaha Rhino, are actually defectively designed and are dangerous. 

The Yamaha Rhino is excessively prone to roll over during turns even at low speeds because of inherent flaws in its design. Yamaha has been aware for years of serious injuries and deaths of drivers and passengers in rollover accidents, but have yet to modify the Rhino's design to correct for its stability problems.


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