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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Personal Injury

    6/9/2008
    James R. Carroll, Jr., Esquire
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    Federal Court Jury Awards 6.2 Million Dollars in TASER-Related Death

    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.


5/10/2008
James R. Carroll, Jr., Esquire
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County liable for woman killed after making several 911 calls

The family of a woman who was strangled by her boyfriend despite repeated and desperate 911 calls was awarded $2.7 million. Deborah Kirk's family sued Franklin County, claiming that 911 operators should have sent police officers to the scene after her first hang-up call. After Kirk called and then hung up, 911 called back and she said everything was fine. She called back 15 minutes later, but the call went dead after 90 seconds. Plaintiff's counsel argued that violent sounds could be heard in the background, and that should have alerted 911 to dispatch officers. However, it wasn't until a third call five minutes later, when Kirk said she'd been hit, that police were dispatched. Police officers knocked on the door, but there was no answer so they left. She was found dead the next day. The county argued that police were to blame for her death.

Estate of Kirk v. Franklin County Sheriff's Office
 
Get a full report on this case at Verdict Search here.

5/6/2008
James R. Carroll, Jr., Esquire
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Athens Township: Delayed emergency response leaves resident questioning readdressing

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?

Vehicle and Automobile Accidents

8/11/2008
James R. Carroll, Jr., Esquire
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PennDOT construction workers authorized to write police arrest reports

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.

7/25/2008
James R. Carroll, Jr., Esquire
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Unhealthy neglect of CDL standards in Pennsylvania

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.


6/16/2008
James R. Carroll, Jr., Esquire
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Motorcycle head injuries up sharply since Pa. changed law

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."


6/14/2008
James R. Carroll, Jr., Esquire
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Family awarded $5.1 for man killed by drunk driver at work site

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


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.


Workers' Compensation