Washington D.C. Attorney Walter E. Laake, Jr. - Breaking Legal News

New York is a pure no-fault state when it comes to motor vehicle accidents. The state's No-Fault law was established more than 30 years ago. The No-Fault law was designed to make sure that insurance companies would cover the costs of medical bills, a percentage of lost wages, mileage expenses for transportation to and from medical providers, as well as some other incidental expenses, no matter who was to blame for the accident.

The second part of the New York State No-Fault law, as it relates to motor vehicles and accidents, defines the types of injuries for which victims can pursue additional damages from the person or party at fault for the crash. These injuries are called "serious injuries". According to New York No-Fault law as it exists today, serious injuries are defined as:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment

The New York No-Fault law does not cover all types of injuries. Injuries that are not covered include: herniated and/or bulging discs in the neck or back; muscle tears; ligament tears; surgical procedures; psychological injuries; as well as many other injuries that people suffer as a result of car crashes and other motor vehicle accidents.

Not only do consumers have trouble understanding what injuries they are able to recover for from the person at fault in a crash, but even lawyers, judges and legislators have difficulty deciphering the law. Several New York State legislators were attempting to pass a law that would have made the definitions of serious injury much easier to understand and allow for people who presently are unable to recover monetary damages as a result of injuries sustained in a crash to recover from the faulting party.

The change in the No-Fault law would have been extremely significant. Why? Presently, many people are precluded from their "day in court" because of the definitions of "serious injury". Over the past 30 years, technology has not only changed the world but also the medical profession. When no-fault was originally enacted the MRI, as well as other medical tests that exist today, were not yet developed.

We all know that broken bones heal either on their own or with the assistance of surgery. We all know what a bad scar or disfiguring injury looks like. We all know what it means to lose a body part (dismemberment). We all know what death means and we all know what it means for a woman to lose a fetus. Remember the old adage that "a sprain is worse than a break"? In the real world "a sprain is worse than a break" has meaning, but in the no-fault world the adage means nothing.

It is time to discuss the meaning of the remaining definitions of "serious injury". What parts of the body are referred to by this: "...a body organ, member, function or system"? I think I understand the meaning of organ, but what is a body "member"? What constitutes a "function"? What is the meaning of "system" in the context of no-fault?

Now, let's move on to "permanent consequential limitation of use of a body organ or member". Again, what is a "consequential limitation"? Is a "consequential limitation" black and white in nature or is it different for different people? My opinion is "consequential" cannot be defined as an absolute. Rather, it must be looked at on a person by person basis. The No-Fault law does not allow for this.

The last category of "serious injury" to look at is "a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment."

Medically determined, is simple to define. In my mind "medically determined" means a doctor's or other medical provider's diagnosis of an "injury". Next we examine the word "impairment". "Impairment" is another word that should be looked at on a person by person basis and not be defined as a constant for all people. What is an "impairment"? People are visually impaired, hearing impaired, and/or mentally impaired. People can also suffer from many other types of impairments. Visual impairment, hearing impairment and/or mental impairment is relatively easy to diagnose and define. Yet, why do I find it so hard to define "impairment" as it relates to personal injuries? The simple answer is that it is too subjective of a word to have same meaning to me as it does to someone else.

If the above was not bad enough, we now come to this clause: "performing substantially all of the material acts which constitute such person's usual and customary daily activities". "Substantially" is a word with no definite meaning. How do we define substantial? What is substantial for me may not be substantial for you.

Now we must tackle the expression "material acts". I do the following "material acts" on a daily basis: shower, exercise, play with my kids, have breakfast, have lunch, have dinner, wake up at 6 AM, drive to my office, meet with clients, go to court, do paper work as well as many other things that I am unable to remember right now. If I sprain my ankle and wake up at 7AM because of the medication I have been prescribed, am I not performing what I consider to be a "material act"? If I do not go to court one day because my ankle hurts am I not performing what I consider to be a "material act"? If I cannot drive to work because of my ankle pain, am I not performing what I consider to be a "material act" that day? I think that you get the point.

From my experience, the No-Fault law in its present form would not consider my inability to drive to work to be a "material act". Why should I be precluded from my day in court because I cannot drive to work for 90 out of the first 180 days following an accident? Would it not be fair for a jury of my peers to make that decision rather than a judge? Judges are in charge of the law and juries are in charge of the facts. In order for a judge to make a decision as to whether an injury is "serious" for the purposes of the No-Fault law there can be no question as to the facts of the matter. For example, in my life a "material act" is driving to work while in a judge's mind driving to work might be an immaterial act. Since the judge feels that it is an immaterial act, he or she can and would dismiss my case which would preclude my right to recover monetary damages.

Is it not simple common sense that if driving to work is a "material act" to me and not to a judge a question of fact exists? Based on the difference as to what is "material" to me and that which is "material" to a judge, a question of fact would exist dictating that a jury should decide if something I am unable to do is a "material act". In fact it would go against the very reasons that we have a legal system by allowing a judge to determine my injury is not worthy of recovery and take my day in court away since driving to work is immaterial in one judge's opinion.

Many lawyers, judges, legislators and people have been trying to figure out the definition of "serious injury" for over 30 years. Despite decisions rendered by the Courts in New York State, an injury suffered by one person who is permitted to recover money may not allow another person with the same injury to recover money.

An example that has always perplexed me is that if an individual sustains a herniated disc as a result of a car accident, a judge could determine that it is not a "serious injury" and dismiss the case. If another person who works at a construction site sustains the same exact injury as the individual who was involved in the car accident, the construction worker could potentially recover hundreds of thousands of dollars if not millions of dollars depending on how the herniated disc affected his or her life. The unfortunate individual hurt in the car accident with the same affects to his or her life will be left with absolutely no recovery. Fair? It is certainly not fair for victims of car accidents. On the other hand, every insurance company licensed in New York State would disagree and say it is more then fair. Why? The bottom line is by limiting the ability for recovery in motor vehicle accidents, the insurance companies bottom line is being padded with the very premiums we pay in order to protect ourselves and others.

The new No-Fault law would have changed the definition of "serious injury". The amendments would have allowed juries, not judges, to determine what is meant by "serious injury," restoring the right for every person to have their day in court.

If you are in favor of these changes to the No-Fault law, please contact your senate and assembly representatives and inform them that this change is what you want. If you think that this change is going to raise your premiums and cost you more money please look at those who have been injured. Ask yourself if it is fair to allow someone with a chip fracture of their pinky to meet the definition of "serious injury" while another person with a herniated disc or sprained ankle is precluded from monetary recovery? If you're of the opinion that the No-Fault law should remain unchanged, again, remember the old adage "a sprain is worse than a break".

As of June, this article became irrelevant. The above changes to the No-Fault law have officially been shelved. Several other legislatures have now proposed changes that clearly favor the insurance companies and take away "Joe Injured's" day in Court.

These changes, in my opinion, are simply words that do not create much of a difference in the interpretation of the No-Fault law in its present form. The new bill uses the following words:

"A complete tear or rupture of a nerve, tendon, ligament, cartilage or muscle; A tear, rupture or impingement of a nerve, tendon, ligament, cartilage or muscle which results in a significant impairment of a body organ, member, function or system"

Where does this new bill leave us? Exactly as we have been for over the past 30 years. New words have been added to the No-Fault law, yet we are still left with the words "significant", "material acts", "member", "function", "system", "consequential limitation" and "impairment". I am always of the belief that change is good when it actually makes a difference. Does this new law make a difference? I know what my opinion is. What is your opinion?

The Queens injury attorneys of Neimark & Neimark, LLP, handle cases involving and auto accidents.

Hide Full Article

The California State Legislature may strip serpentinite of its status as the state rock because it contains asbestos, some forms of which are known to cause deadly mesothelioma cancer. The action is being promoted by the Asbestos Disease Awareness Organization and opposed by geologists, historians, and some who see it as opening up a new field of potential litigation.

The designation of serpentinite as the state rock in 1965 was seen by some as a small way to promote what was then a growing asbestos industry in California. There was also historical significance, since the shiny greenish stone was commonly found in soil that yielded the gold that changed the state's history a century earlier.

EPA Banned Most Asbestos Uses in 1989

Asbestos was banned for most uses in 1989 by the U.S. Environmental Protection Agency (EPA), in the face of mounting evidence that it posed health risks, especially mesothelioma, an incurable cancer that attacks the outer lining of the lungs, heart, and other internal organs, as well as the inner lining of the chest and abdomen.

Some geologists suggest that serpentinite, just one among many minerals once mined for asbestos, may not be responsible for the thousands of cases of mesothelioma documented in California. They say the rock contains a form of asbestos thought unlikely to become lodged in the lungs.

Historians Say Rock's Significance Unchanged by Health Risk

Historians who object to the action against serpentinite say that its significance in state history cannot be undone by the fact that it may have posed a health risk in the past. The EPA says that the rock, which is no longer mined, poses no risk if left undisturbed.

Tort reform advocates fear that removing the state rock designation from serpentinite will fuel civil litigation attempting to prove asbestos damage from naturally occurring sources. Nearly all legal action to date has been based on industrial asbestos exposure, which many courts have agreed has been well documented as causing mesothelioma.

While the debate over serpentinite continues, the evidence against processed asbestos is strong. If you are one of the thousands of Americans who suffer from mesothelioma or have lost a loved one to this unstoppable cancer, contact an experienced personal injury attorney. You may be eligible for financial compensation to help you deal with your illness or with your loss.

Hide Full Article

An Illinois woman injured when the motorcycle on which she was a passenger collided with a car is suing the car's driver for $50,000, claiming the defendant's negligence was the cause of the crash.

Plaintiff Kathy D. Manno was thrown from the motorcycle and injured March 8, 2009, in Fairview Heights, Ill., about 12 miles east of East St. Louis. According to her lawsuit, filed last month in St. Clair County Circuit Court in Belleville, defendant Deanna L. Haas caused the crash by failing to come to a complete stop at a stop sign, thereby crashing into the motorcycle.

Lawsuit Lists Many Contributing Factors in Crash

Manno's motorcycle accident lawsuit accuses Haas of driving too fast, driving without adequate brakes, failing to apply her brakes, failing to have a properly working horn, failing to yield the right-of-way, failing to keep her vehicle under proper control, failing to take actions necessary to avoid a collision, and failing to bring her vehicle to a complete stop at a stop sign.

The suit asks for financial compensation for injuries, medical costs, lost income, damage to Manno's earning capacity, pain and suffering, and reimbursement of legal costs.

A hearing in the matter has been scheduled for Sept. 23 in front of Judge Patrick M. Young.

Case Demonstrates Danger to Motorcyclists

The case of Kathy Manno demonstrates the vulnerability of motorcyclists and their passengers, especially at intersections. When it comes to trial, it may also demonstrate a fact borne out in studies of police accident reports: car drivers are frequently unaware of the presence of a motorcycle until it is too late to avoid a crash.

If you've been injured in a motorcycle crash, contact an experienced motorcycle accident attorney. The specialized knowledge that such an attorney will bring to your case could make the difference in getting you the financial compensation you deserve to take care of past, present, and future expenses.

Hide Full Article

Lancaster County, Neb., is partially to blame for a 2009 motorcycle accident, according to a $1 million tort claim filed by a woman injured in the accident. According to the suit, the county was negligent in not providing lighting for a roundabout in a proposed development in the city of Lincoln.

Lycbeth Loy, a resident of Hallam, about 25 miles south of Lincoln, was injured May 6, 2009, when a motorcycle driven by her husband, Robert, struck a median as it approached a roundabout on a road created to serve a proposed commercial development near the south end of Lincoln that was to have been home to a Wal-Mart store and other businesses. The development was never built.

Tort Claim for Damages Required by State Law

Nebraska law requires a tort claim as the first step in recovering damages from a political subdivision of the state. If the claim is refused, the claimants may then file a lawsuit against the subdivision. The claim asks for not less than $1 million, the maximum amount allowed by state law.

Loy's attorney, Douglas Peterson, said his client has already incurred a cost of more than $300,000 for required emergency medical treatment and long-term medical care and therapy. He said Loy also wants to be compensated for future medical care and loss of past and future wages.

Attorney Calls Undeveloped Area "Dark Cornfield"

Peterson said the roundabout was never properly illuminated, since the proposed development did not proceed. He wrote in the tort claim that the "road became a dark cornfield with an unlit roundabout in the middle of darkness."

The attorney said authorities should have foreseen an accident at the unlit roundabout, since it was an area unfamiliar to drivers, having never been opened to the public.

If you have been injured because of negligence on the part of a government agency, contact an experienced person injury attorney. When local, state, or federal authorities fail in their duty to the public safety, it is reasonable to expect just compensation for medical bills, lost income, pain and suffering, and other related expenses.

Hide Full Article

A jury in California has ordered Enterprise Rent-A-Car to pay $15 million to the parents of two sisters killed in the 2004 fiery crash of a rental car that was subject to a safety recall. The wrongful-death lawsuit blamed the crash on a fluid leak in the power steering hose.

Raechel Houck, 24, was at the wheel of a rented 2004 Chrysler PT Cruiser when it crossed the grass median on Highway 101 near Bradley, hit an oncoming truck, and burst into flames, killing her and her sister Jacqueline, 20. The two were about halfway home to Santa Cruz, returning from a visit with their grandmother in Ventura.

The PT Cruiser was among 435,000 for which a recall order had been issued, because of a possible leak in the power steering hose, which could lead to loss of control and cause a fire. Enterprise records show the car had not been serviced, and had been rented out four other times since the recall.

Enterprise blamed the fatal wreck on Rachel's driving and fought for five years to contest the wrongful-death lawsuit brought by Carol and Chuck Houck, Raechel and Jacqueline's parents. The company offered to pay the couple $3 million if the matter was kept confidential.

After an auto accident reconstruction expert hired by the plaintiffs concluded that a loss of steering control caused the crash, Enterprise ended its fight in May. Company officials signed papers admitting that its negligence was the "sole ... cause of the fatal injuries."

An Enterprise area manager testified that the company's computer system flagged vehicles subject to recall, but that there was no policy in place to prevent them from being rented out before being serviced.

If you've been injured or lost a loved one because of negligence on the part of a business, contact an experienced personal injury attorney. Businesses, especially large corporations, often hire high-priced attorneys to shield themselves from their responsibility for their actions. You need an attorney who understands how big business works if you want to get the financial compensation you deserve to deal with medical bills, loss of income, pain and suffering, and loss of companionship.

Hide Full Article

A group of university researchers in the United States, England, and Italy think they may have discovered how asbestos fibers cause the deadly cancer mesothelioma. They hope their findings will lead to the ability to diagnose and treat the disease, which attacks the outer lining of the lungs, heart, and other organs, and the inner lining of the chest and abdomen.

A study published in Proceedings of the National Academy of Sciences, U.S.A., examined the question of how asbestos fibers can both kill healthy cells and trigger the growth of cancerous cells. Researchers found that the killing of cells by asbestos releases a protein molecule that, in turn, releases mutagens that promote tumor growth.

Drs. Haining Yang and Michele Carbone of the University of Hawai'i Cancer Research Center wrote the study report for a team that included researchers from New York University, University of Chicago, University of Pittsburgh, Imperial College London, and San Raffaele University of Milano.

Mesothelioma Diagnosis Comes Too Late for Treatment

Inhaling asbestos fibers is the only known cause of mesothelioma, which most commonly attacks those who have had long-term exposure, especially in occupational settings. Using current medical practices, mesothelioma is not detectable until years, or even decades, after it begins to develop, by which time there is no treatment.

The new study offers hope on two fronts. First, researchers think they may be able to diagnose early mesothelioma using blood tests to detect the protein molecules released by cell death caused by asbestos. They also hope to find treatments that will interfere with the inflammatory reactions caused by those protein molecules and by asbestos fibers, thereby reducing the incidence of mesothelioma in those exposed to the fibers.

Detection Field Test Planned for Turkish Town

The researchers are planning a field test of their detection theory in Cappadocia, Turkey, where more than half of the population dies of mesothelioma.

While this new study offers hope for the future, it is too late for the thousands of Americans whose asbestos exposure has already caused mesothelioma. If you have developed this currently incurable disease, or lost a loved one to it, contact an experienced mesothelioma attorney. In many cases, those responsible for causing mesothelioma exposure have been held accountable to compensate victims and their families.

Hide Full Article

The city of Louisville, Ky., will pay $835,000 as its share of a $1,335,500 settlement of a lawsuit over death and injuries caused by a Louisville Metro Police Officer speeding to work. The rest of the money will come from an insurance settlement.

Louisville Metro Government tried unsuccessfully to be excused from the case, saying Officer Kenten Measle was not on duty when his police car swerved into an emergency lane and struck and killed Donnie Puente, then 37, on Oct. 7, 2006. The cruiser also struck the stranded car Puente was refueling for a friend, injuring two occupants.

Judge Rules Officer Was on Duty

A judge ruled that Measle was on duty, since he was using a police vehicle he was allowed to drive to and from work, and was expected to perform police duties as required, even though his shift had not begun.

According to an auto accident reconstruction expert, Measle was traveling about 68 mph in a 55-mph zone at the time of the collision and disregarded proper traffic control by entering the emergency lane. The officer said he was attempting to pass to the right of a car that braked suddenly.

A district attorney for Jefferson County admitted that Measle was "speeding slightly," but ruled that the officer's conduct was not criminal. Measle was suspended from duty for 30 days without pay and not allowed the use of a police vehicle.

Records Show Officer in Other Incidents

Police records show Measle damaged two police cars in separate incidents prior to killing Puente and struck and injured a bicyclist in June 2008. The officer was suspended without pay for eight days for the injury accident.

The combined settlements from Louisville Metro Government and the insurance company will pay Puente's estate $800,000 to benefit his teenage daughter. One of the injured will receive $535,000; the other, $10,500.

If you or someone you know has been injured or has lost a loved one because of the improper actions of a government employee, contact an experienced personal injury attorney. This and other cases have clearly demonstrated that government agencies can be held accountable for the actions of their employees. You may be eligible for financial compensation to help you deal with medical bills, loss of income, pain and suffering, and loss of companionship.

Hide Full Article

Each year, as winter turns to spring and spring turns to summer, the number of motorcycles on the road increases. While there are those who ride motorcycles all year, especially where the weather is mild, it's inevitable that warmer weather will coax more people to ride.

Sadly, as the number of motorcycle riders increases, so does the number of motorcycle accidents. Since motorcyclists are much more vulnerable than car drivers, defensive riding is essential to preventing injury or death.

Police Report Drivers Often Unaware of Motorcycles

Analysis of police reports has shown that many drivers are not aware of motorcycles until it's too late to avoid a collision. Most drivers have never ridden a motorcycle and are not as conscious of them as they are of cars.

Many safety experts advise motorcyclists to overcompensate for lack of driver awareness by assuming that a driver does not see them at all until eye contact is made. Other good defensive tactics include wearing bright colors, looking for a driver's eyes in the rear-view mirror of the car ahead, and changing position within the traffic lane to attract attention with motion.

Intersections Especially Dangerous for Motorcyclists

The most dangerous place for a motorcyclist is an intersection. One of the most common crash scenarios is a driver making a left turn into the path of an oncoming motorcyclist traveling in a straight line. To survive intersections, motorcyclists are well advised to slow down as they approach, try to make eye contact with drivers turning left, and be prepared to stop quickly.

Danger for a motorcyclist can come from behind, as well. Being rear-ended is much more serious on a motorcycle than in a car. When preparing to slow down or come to a stop, a motorcyclist should check in the rear-view mirror to be sure a following driver is aware of the action.

Even if you use all the best defensive driving techniques, you may still be involved in a collision. That's when you need to contact an experienced motorcycle accident attorney. Whether you're dealing with an insurance company or having your day in court, an experienced attorney will present the facts unique to motorcycle accidents. As a motorcyclist, you may ride alone, but don't make the mistake of going to court alone.

Hide Full Article

After the recent collapse of a portion of the ceiling in a North Carolina church caused minor injuries to 12 people, local officials are investigating the possibility that the incident exposed dangerous asbestos fibers. One official said the presence of asbestos is likely, since the church was built when the cancer-causing material was in widespread use.

About 150 people were attending Sunday services at Friendship Missionary Baptist Church in Hickory, about 60 miles northwest of Charlotte, when a portion of the ceiling collapsed. The resulting shower of debris sent 12 members of the congregation to the hospital with minor injuries. All were treated and released by that evening.

County Official Says Asbestos Presence Likely

Joel Herman, interim chief of building services for Catawba County, said the ceiling material would be tested for asbestos. He said the church was built in 1958, when asbestos was commonly used in building construction and the link between asbestos fibers and the incurable cancer mesothelioma was not fully understood.

Herman said that any asbestos found would be removed by trained professionals. He said his department would also investigate whether the collapse was the result of original construction or repairs to the ceiling in 1994.

Asbestos Exposure is Only Known Cause of Deadly Cancer

Inhaling asbestos fibers is the only known cause of mesothelioma, a cancer that attacks the outer lining of the lungs and heart, as well as the inner lining of the chest and abdomen. The incurable disease develops gradually, so it cannot be diagnosed until years after its onset.

The U.S. Environmental Protection Agency (EPA) banned the use of asbestos in most commercial applications in 1989. The success of a subsequent court challenge allowed trace amounts in certain products, but it is no longer used in most building materials. EPA guidelines call for the removal of any exposed asbestos.

If you have developed mesothelioma or lost a loved one to this incurable cancer, contact an experienced product liability/personal injury attorney. Through successful litigation, many mesothelioma victims have received financial compensation from those held responsible for their asbestos exposure. You may be eligible for similar compensation to help with medical bills, loss of income, pain and suffering, or loss of companionship.

Hide Full Article

A Florida jury this month awarded $5.2 million to a man confined to a wheelchair because of a motorcycle accident. The former Air Force staff sergeant was injured when an 85-year-old woman drover her car into the path of his motorcycle.

Richard Pollock, then 31, was riding on a major thoroughfare through Fort Walton Beach on his way to work at Eglin Air Force Base Aug. 7, 2008, when Mary McCary turned from a side street into the path of his oncoming motorcycle. The force of the impact threw Pollock from his motorcycle onto the center median.

Victim Required 25 Surgeries, Still in Therapy

David Swanick, Pollock's attorney, said his client's injuries were catastrophic. He said Pollock, now retired from the Air Force on medical grounds, required 25 surgeries in the first month after the crash and continues to receive rehabilitation therapy in Texas.

Pollock said a person of McCary's age should not be licensed to drive. He said he hopes his case will help bring a change to Florida law, including mandatory annual driving tests for those over 65.

While age may have been a factor in this case, police accident reports show that drivers of all ages are often unaware of motorcycles until it is too late to avoid a crash. Safety experts advise motorcyclists to assume that car drivers may not see them and always be prepared to take sudden evasive action.

Intersections Frequent Site of Motorcycle Accidents

Studies have shown that intersections are especially dangerous for motorcyclists. In addition to the risk of a motorist turning onto the road from a side street, there is an even greater risk of hitting a car coming from the opposite direction because a motorist makes a left turn into a motorcyclist's path.

If you've been injured in a motorcycle accident caused by a negligent motorist, contact an experienced attorney. The circumstances of a collision between a motorcycle and a car are often quite different from those of a collision between two cars. An experienced motorcycle accident attorney is best qualified to present those unique circumstances in a manner most favorable to your case and help you get the financial compensation you deserve.

Hide Full Article

An Illinois appeals court has ruled that an employer may be held liable if an employee's family member suffers damages because of second-hand exposure to asbestos fibers introduced into the home on an employee's clothing.

The Illinois Fifth District Appellate Court ruled against arguments railroad giant CSX Corporation used to get three counts against it dismissed by Madison County Circuit Court Judge Daniel J. Stack in a personal injury lawsuit brought by Cynthia Simpkins.

Lawsuit Filed Following Mesothelioma Diagnosis

The suit originated with Simpkins' mother, Annette Simpkins, who filed in January 2007, after she was diagnosed with mesothelioma, an incurable cancer that attacks the outer lining of the lungs and heart and the inner lining of the chest and abdomen. The only known cause of the disease is inhalation of asbestos fibers.

Cynthia Simpkins took over as plaintiff after her mother's death in April 2007.

Annette Simpkins alleged that her disease was caused by asbestos exposure from laundering her husband's clothing while he was employed by CSX predecessor B&O Railroad from 1958 to 1964 as a steelworker, welder, and railroad fireman.

CSX argued that it did not have a responsibility to ensure the safety of all who came in contact with asbestos fibers carried away from its facilities on employees' clothing. The company said such liability would be virtually unlimited.

Court Rules Employer Has Obligation to Workers' Families

The appellate court agreed that liability could not be unlimited, but said an employer does have a responsibility to ensure the safety of an employee's family. The court ruled that the potential danger to the family from repeated exposure was foreseeable, since asbestos fibers are known to be dangerous, and that it was preventable, since there are methods to reduce the danger without undue harm to the company.

The appellate court ordered the case sent back to the circuit court for further trial.

If you have been diagnosed with mesothelioma or lost a loved one to this incurable cancer, contact an experienced attorney. You may be eligible to receive financial compensation to deal with medical bills, loss of income, pain and suffering, and loss of companionship. Your attorney will fight to see that those responsible provide the compensation you deserve.

Hide Full Article

Former major league pitcher Jeriome Robertson was killed recently when he lost control of his motorcycle and crashed in his Central California hometown of Exeter, about 55 miles southeast of Fresno. The California Highway Patrol (CHP) reported the death of an unnamed rider; former Exeter High School baseball coach Steve Garver confirmed Robertson's identity.

According to the CHP, Robertson, 33, was attempting to take a turn at 70 mph on his 2007 Yamaha Warrior when he lost control. The Warrior is a large cruiser-style motorcycle, its weight and engine size are about that of a Harley Davidson of the same class.

Rookie Star Had Short Major League Career

Robertson's short major league pitching career began late in the 2002 season with the Houston Astros. In 2003, his first full season, his record was 15 wins and nine losses, still the most wins ever by an Astros rookie and the most among all major league rookies that year.

In 2004, Robertson was traded to the Cleveland Indians, who released him before the season ended. He subsequently played in the minor league organizations of the New York Mets and Cincinnati Reds, then in the Chinese Professional Baseball League of Taiwan, for the Newark (N.J.) Bears of the independent Atlantic League, and in the Mexican League.

Garver said Robertson frequently showed up at Exeter High School baseball practice to encourage the players. In 1995, with Garver as his coach, Robertson helped the team win the California Interscholastic Federation Central Section championship.

Former Coach Praises Robertson's Efforts with Kids

"He was great with the kids," said Garver. "He always wanted to help out and do whatever he could for the high school kids."

The tragic death of Jeriome Robertson is a stark reminder of the vulnerability of motorcyclists. While his actions may have been a contributing factor, many motorcyclists exercising abundant caution are injured or killed in collisions because car drivers just aren't paying enough attention. A collision that might leave the occupants of a car merely shaken can be devastating for a motorcyclist.

If you are involved in a motorcycle accident, you need professional legal representation. An experienced motorcycle attorney will make sure that insurance companies and the courts take into account the unique factors involved in motorcycle accidents and will fight to get you the compensation you deserve to help with medical bills, repair bills, loss of income, and other expenses.

Hide Full Article

When most people think about the health risk of asbestos in their homes, they usually think of attic and wall insulation, or shingles used for roofing and siding. Few realize that most homes once contained a variety of products made with asbestos, some of which may still be around.

Whether encountered in the home or in the factory, asbestos is a known killer. When inhaled, its nearly microscopic fibers cause an incurable cancer known as mesothelioma. This fatal disease can attack the lungs and heart, as well as the linings of the chest and abdomen.

Asbestos Used in Many Kitchen Appliances

The kitchen is a good place to look for asbestos. It was used to insulate heating elements and wiring in appliances such as toasters and toaster ovens, crock pots and other slow cookers, and irons. Asbestos was also used in oven mitts and pot holders. If you still have some classic kitchen items, they may contain asbestos. The safest course is to dispose of them in an approved manner.

One of the worst offenders among asbestos-containing appliances was usually found in the bathroom. The electric hair dryer actually had the potential to blow asbestos fibers into a person's face.

Floors and Ceilings Made with Asbestos Products

Getting rid of old appliances and kitchen accessories may not be the end of it. Acoustical ceiling tiles and blown-on coating were once made with asbestos, as were flooring tiles, sheet flooring, and the adhesives used to install them. Asbestos was also used to insulate hot water pipes.

The U.S. Environmental Protection Agency recommends that construction materials be carefully inspected and, if the asbestos is not exposed, be left undisturbed. If exposed, asbestos should be removed by trained professionals.

If you've been diagnosed with mesothelioma, contact an experienced product liability attorney. You face continuing medical bills and the prospect of providing for your family's future in your absence. Your attorney will fight to get you the financial compensation you deserve from those who put you in harm's way.

Hide Full Article

While recalls of cars over safety concerns have grabbed headlines in the last year, motorcycles have also been the subject of safety recalls. Some of the most recent involve a BMW touring model, a Kawasaki sport model, and two sport models by Buell, a Harley Davidson subsidiary that ended production in October.

Because motorcycle sales volume is a mere fraction of that for cars, the recalls are proportionally smaller. However, they are no less important, since motorcycles have a higher potential for injury or death in the event of a motorcycle accident.

BMW Touring Model May Suffer Front Brake Failure

The BMW R 1200 RT touring model leads the group of recent recalls in numbers, with 1,535 units, spanning model years 2007 through 2009. According to the recall notice, improper routing and installation of the front brake lines could cause a brake fluid leak that could render the front brakes inoperative. With only an operating rear brake, the motorcycle could slide and swerve out of control under hard braking, causing a crash.

Kawasaki has issued a recall of 950 units of one of its smaller Ninja sport motorcycles, the EX 250. The company says a flaw in the engine case may leak oil that could be deposited on the rear tire, which would cause it to slip, leading to a crash. An earlier recall of the larger Ninja ZX-10R was due to the possibility of a similar oil leak onto the rear tire because an inspection cap on the starter assembly wasn't properly tightened.

Buell Sport Model At Risk of Foot Peg Collapse

Buell is recalling 23 large sport bikes due to concerns about an improperly made right foot peg. The models are the 2010 XB12X and XB12XT, both in the 2010 model year lineup. The warning says the foot peg could "move significantly out of position," a nice way of saying it could all but fall off, throwing the rider to the right and causing a loss of control that could lead to a crash.

If you've been injured or lost a loved one in the crash of a motorcycle that was the subject of a safety recall, contact an experienced attorney. When manufacturers fall short of their responsibility to design, build, and sell reliable products, they may be held accountable for damages. You may be eligible to recover medical costs, repair costs, and lost wages, and to be compensated for pain and suffering and loss of companionship.

Hide Full Article

A New Jersey jury recently found a bar that served alcohol to a man involved in a drunk-driving hit-and-run accident liable for up to $15 million in the death of one accident victim and injuries to another.

Rack's Bar & Grill in Atco, in Waterford Township in Camden County, was found 75 percent liable in the 2007 death of Mary Elenbark, the passenger on a motorcycle hit by a car driven by Steven Evans, who was ruled 25 percent liable. Evans was sentenced to four years in prison for leaving the scene of a fatal motorcycle accident and the scene of an accident with serious injuries.

Driver Pulled into Path of Oncoming Motorcycle

George Elenbark, Mary's husband of 10 months, was driving the motorcycle when Evans pulled his car out of the strip mall in which Rack's is located without checking for oncoming traffic. The Elenbarks' motorcycle ran into the back of the car and Evans drove away.

When he was eventually pulled over, Evans failed a field sobriety test; a subsequent blood test showed a blood alcohol content of 0.10 percent, 25 percent above legal limit.

Mary Elenbark suffered head injuries in the crash; she was taken off life support a week later. George Elenbark underwent four surgeries on his left leg in the week following the crash, according to his attorney, Robert Porter, and now requires the support of a cane to walk and has no feeling in his left ankle.

Plaintiff Will Seek Full Award from Bar

Porter said his client will attempt to get the full $15 million award from Rack's. According to New Jersey law, a party found to be 60 percent or more liable may be required to pay the full award.

New Jersey law also holds a bar or restaurant that serves alcohol to an obviously intoxicated person liable for damages caused by that person. Witnesses and experts agreed that Evans was clearly intoxicated well before leaving Rack's.

If you have suffered personal injury or property damage as the result of a drunk-driving accident, contact an experienced attorney. If the drunk driver cannot provide you the financial compensation you need to pay your medical bills and recover lost wages and other expenses, your state may be one of those that allow you to seek damages from other responsible parties.

Hide Full Article

Staged car accidents are on the rise, according to the National Insurance Crime Bureau (NICB). From 2007 through 2009, questionable claims (QC) filed for suspected staged accidents rose 46 percent, according to a bureau report.

The purpose of a staged accident is to make fraudulent damage and injury claims against the insurance carrier of an innocent victim. The NICB says criminal gangs using two to four vehicles employ one of several practiced scenarios to cause the crashes.

Over the two years of the study, the five states with the most staged accidents were Florida (3,006), New York (1,680), California (1,619), Texas (792), and Illinois (433). New York City, Tampa, Miami, Orlando, and Houston were the cities with the most suspected staged accidents.

Common Scenarios Involve Staged Rear-end Collisions

One of the most common ploys is one in which a perpetrator cuts in front of a victim in the right lane of traffic and slams on the brakes, while an accomplice pulls alongside the victim in the left lane, preventing an evasive maneuver. The victim rear-ends the first perpetrator while the accomplice drives on.

In another common scenario, a perpetrator pretends to yield to an oncoming vehicle making a left turn into a parking lot, although the perpetrator has the right of way. As soon as the victim begins the left turn, the perpetrator moves ahead to block the victim, whose car is intentionally hit from behind by a second perpetrator who pretends not to be able to stop in time.

If you are involved in an accident that seems suspicious, try to get the police to respond, so that the circumstances can be documented. Next, contact an experienced attorney. If the perpetrators succeed, it will appear that you were at fault, which could adversely affect your driving record and your insurance costs. Even if you don't take your case to court, your attorney will fight to see that the incident is properly investigated and you are not found liable for an accident that was not your fault.

Hide Full Article