

Judge campaign candidates speak at dinner in Towanda
Judge Beirne unopposed in local race
Attorney General Tom Corbett to visit Bradford County
Beirne will run for full term as judge
Bradford County Employers Laying Off Workers
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
From PRWeb.com:
San Jose, CA (PRWEB) June 8, 2008 -- A Federal Jury returned a verdict late Friday afternoon in the amount of $6,221,000.00 against TASER International Inc., for the wrongful death of a 40-year-old Salinas, California, man, who died following repeated shocks from three TASER electronic control devices ("ECDs").
The jury of five women and two men found that TASER International knew or should have known that its M26 model ECD was dangerous because prolonged exposures to the device pose a substantial risk of cardiac arrest to persons against whom the device is deployed. The jury also found that TASER International failed to adequately warn purchasers of its device of the risks associated with its use. It awarded the parents of Robert Heston $1,000,000 in compensatory damages and $5,000,000.00 in punitive damages. The jury also awarded Heston's estate $21,000.00 in compensatory damages and another $200,000.00 in punitive damages. However, it also found Robert Heston 85% comparatively negligent for the incident which ultimately resulted in his death. Only the compensatory damage award will be reduced by his percentage of comparative negligence.
On February 19, 2005, Robert C. Heston began acting erratically inside his family's Salinas, California home. Believing his son might be under the influence of drugs, Heston's father called the police reporting his son's bizarre behavior and asked them for help in removing his son from the home. Officers from the Salinas Police Department responded to the Heston home and confronted Mr. Heston. Three police officers used their TASER ECDs repeatedly subjecting Mr. Heston to nearly 75 seconds of continuous TASER discharges as other officers attempted to handcuff Heston on the living room floor. While being subjected to the TASER discharges, Heston suffered a cardiac arrest causing irreversible brain damage. He was removed from life support the following day and died shortly thereafter.
In their lawsuit, Heston v. City of Salinas, et al., N.D. Cal. Case No. C 05-03658 JW, Heston's parents alleged that TASER ECDs are unreasonably dangerous and defective for use on human beings because they are sold without adequate testing and without sufficient warning about the effect of multiple shocks for extended durations, particularly on people who are under the influence of drugs. They further claimed that the weapon, when used repeatedly, causes cardiac arrests and unnecessary deaths.
From The Evening Times:
"Lockhart Street resident Patricia Simmons is making sure everybody knows where her home is following a March 12 emergency in which responders couldn’t find her house. Near midnight on that night Simmons, who lives at 552 W. Lockhart St. in Athens Township, had begun to choke, and co-resident Bill Creedon called 911. After a while of waiting for Greater Valley EMS, Simmons, who could barely speak at that point, called 911 again herself. “I could hardly stand it,” said Simmons. “I picked up the phone and said, ‘Where are you? I can’t breathe.’ It could have ended up in tragedy. I’m so close to the hospital, it should take only three minutes. It took 20 minutes to get to the hospital.” She added that when she arrived at the hospital she had a significant amount of water in her lungs. Simmons’s residence is the first house beyond the border of Athens Township on the south side of West Lockhart Street, while homes across the street are counted as a part of Sayre Borough up to Pennsylvania Avenue. "
I wonder....if this woman had died and it was due to the fact that the ambulance could not reach the residence in time due to the addressing issue, who would be responsible?This should be interesting....
To combat these unsafe drivers, Pennsylvania Department of Transportation highway crews are writing more and more police arrest reports targeting dangerous driving through construction zones.
The road crews only have the ability to make the initial report. The reports are then sent to the proper policing agency for further investigation. If the police find the driver was in violation of the law, then a citation is issued.
“Someone who drives in and puts another’s life in jeopardy, we follow that up,” Mike Cotter, press safety officer for District 4-0, said Wednesday as a PennDOT crew prepared for pothole work on Middle Road. “Workers are so vulnerable, because they are so close to vehicles. Any kind of erratic driving puts them at risk,” Cotter added.
Since 1970, 10 workers in District 4-0 have been killed at construction sites as a result of drivers. The district encompasses Luzerne, Lackawanna, Wyoming, Wayne, Susquehanna and Pike counties.
This is an editorial in the Towanda Daily Review on an item that we already wrote about in our library section. You can see our article here on unfit and unhealthy truck and bus drivers.
From the Editorial....
In 2006, according to the U.S. Department of Transportation, 5,300 people died and another 126,000 were injured in accidents involving large commercial vehicles. In 12 percent of those crashes, the professional driver was found to have a physical impairment that contributed to the accident, from heart disease to sleep apnea.
From Philly.com:
Motorcycle head injuries have spiked significantly since the state repealed its law requiring riders to wear helmets, a new study released yesterday found.
The study, conducted by the University of Pittsburgh Medical Center, showed a 32 percent increase in motorcycle-related head-injury deaths and a 42 percent increase in head-injury hospitalizations in the two years following the law's repeal in 2003.
Twenty states - including New Jersey, New York, Maryland and West Virginia - have laws requiring all riders to wear helmets.
But in Pennsylvania, only motorcyclists under 21 and riders with fewer than two years' experience who have not taken a safety course are required to wear helmets.
The average cost to treat a head injury in Pennsylvania is $88,000, according to Clare Collins, a spokeswoman for the University of Pittsburgh's School of Public Health.
Kristen Mertz, the study's lead author, said researchers looked at both head injuries and other types of injuries.
"The relatively large increase in head-injury deaths and hospitalizations after the repeal suggests that the law was protecting riders," she said.
Still, motorcycle activists argue they do not need the government to tell them how to ride.
"The government has a responsibility to individuals, and I think they are overstepping their bounds" when they want to start getting involved in helmet laws, said Charles Umbenhauer, lobbyist for Pennsylvania ABATE, a motorcyclist organization that opposes helmet laws.
In a statement issued yesterday, ABATE called the helmet debate an "endless obsession to market one single item of riding gear as the 'solution' to motorcycle deaths and injuries."
A jury awarded $5.1 million to the family of a man who was struck and killed by a drunk driver while working at a road construction site. Donald Lee Fincher Jr. hit Frank Claborn as he was providing security for a construction company that was renovating the West Sam Houston Toll Road. His counsel argued that Fincher was nearly three times over the legal blood-alcohol limit. The family claimed that Claborn was conscious and in pain for about an hour before he died. Fincher stipulated to liability. He offered a consent judgment, but Claborn's wife wouldn't make a counter offer and wouldn't consider a settlement without a trial.
Claborn v. Fincher
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.
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***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.
I added an article to our Pennsylvania Workers' Compensation Blog about American workers who have been injured helping with the reconstruction of Iraq and Afghanistan. You can see the article here.
You don't see this issue discussed too much in the news. But thousands of American workers have been injured overseas. If you know someone who has been injured overseas, contact us and we'll see if we can help them or get them to a specialist in this field.
