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Dangerous Truck Drivers

Lawrence Knapp — Fri, 05 Jun 2009 17:43:03 GMT

I recently commented on internet comments in my Stockton Blog. In this instance, two trucking companies and their drivers are being sued over a 2008 accident on I-15 in Las Vegas in which two honeymooners outside their stranded vehicle were struck and killed. Truck drivers have a variety of responsibilities that many people are unfamiliar with when performing their job. It's not just driving, but maintenance and reporting requirements just to name a couple. However, the comment made to this particular incident struck me as very specific and therefore more insightful.

Being a truck driver for 30 years may I say that it is common knowledge that JB Hunt has the lowest hiring standards and very poorly trained drivers. They are basically the laughing stock of the industry. Although it could have happened to anyone, I was reading it in my head and thought it must have been a JB Hunt driver. Oops I hate when I am right.

Originally posted at InjuryBoard by Lawrence Knapp

Insurance Companies Only Pay Kicking and Screaming

Lawrence Knapp — Thu, 25 Jun 2009 19:05:31 GMT

I tell my clients all the time. Insurance companies are in the business of collecting premiums, not paying claims. If you don't believe it take a look at this article where another insurance company run amok refuses to pay its contractual obligations to those whom their insureds injure. The automobile accident severely and permanently caused catastrophic injury to this New Jersey man. A jury returned a verdict for $31 million and Superior Court Judge John Fratto "adjusted" the verdict to $19.3 million this year. If the judge's adjustment of what the jury believed was justice was not bad enough, the insurer responsible to pay the verdict refuses. Anderson's attorney, John M. Dodig, pointed out that while State National Insurance and the county try to avoid payment, they are running costs higher with interest compounded daily. "The insurance company is wrongfully and in bad faith refusing to live up to its obligation to pay the verdict," Dodig said. "And I fully expect that they will be found to have acted in bad faith."

Tango commented: "Gotta love insurance companies. They know how to take your money but when you need it back you have to pry it from their cold dead fingers. I'm not even sure what the point of insurance is anymore because legalized extortion."

Ain't it the truth.

Originally posted at InjuryBoard by Lawrence Knapp

President Obama: Look at the Medical Malpractice Facts.

Lawrence Knapp — Mon, 15 Jun 2009 19:35:50 GMT

I have commented on this before. It is a fact that the medical malpractice insurance industry managed to blackmail California into passing caps on medical malpractice cases in 1975. It is a fact that the insurance industry lied when the said that a cap would significantly reduce insurance premiums. It is a fact that California's cap has not changed in 30 years. It is a fact that civil filings have decreased in California over the years, while the population has dramatically increased. It is a fact that it is harder now for a person injured by medical malpractice to find representation than ever before. It is a fact that premiums have skyrocketed over the last 30 years. It is a fact that the doctors have been fooled into believeing that they should put their efforts toward tort reform as opposed to insurance regulation.

As a senator, President Obama advanced legislation aimed at reducing malpractice suits. And Dr. J. James Rohack, the incoming president of the medical association, said Mr. Obama told him at a meeting last month that he was open to offering some liability protection to doctors who follow standard guidelines for medical practice. A bill that would set out a way to protect doctors who are sued if they have followed professional practice guidelines. But that is the law in California now. If a doctor follows professional guidelines, he has not breached the standard of care.

I have to believe that if President Obama truly knew the facts, he would never entertain this type of legislation that historically only benefits the insurance industry.

Originally posted at InjuryBoard by Lawrence Knapp

Do your Duty. Jury Duty.

Lawrence Knapp — Thu, 04 Jun 2009 17:41:50 GMT

As a trial attorney, I am always disheartened when I hear friends and acquaintances bash jury duty. I represent folks who have spinal injuries, broken arms and legs, head injuries or a family member has died. These are people who's lives have been seriously effected by the negligence of others. My clients are normal everyday folks, just like my friends and acquaintances, who need the civil justice system to provide them with a fair and just result. The right to a jury trial is one of the most important rights we enjoy in America and one that sets our country apart from most others. That right depends upon the willingness of citizens to serve as impartial jurors. Men used to settle disputes by gun fights. Now they settle disputes in a more civilized manner – in courtrooms. For many people, jury service is the only opportunity they will have in their lifetime to participate in our system of government. Although jury service is frequently inconvenient, studies show that most jurors come away from the experience with positive feelings about their jury duty – especially if they sit through a trial. So do your duty.

Originally posted at InjuryBoard by Lawrence Knapp

Consumers to get the wrong end of the Stick in Fiat Chrysler deal.

Larry Knapp — Wed, 03 Jun 2009 17:53:01 GMT

Fiat will be protected from any product liability lawsuits arising from alleged flaws in Chrysler vehicles sold prior to the sale’s closing later this month. That means anyone filing such lawsuits will only be able to recover from the limited assets of the old company. The judge who is overseeing the deal is proposing to grant Fiat immunity. I disagree that the old company will pay. It really means that the tax payer will ultimately bear the burden of catastrophically injured folks who are injured by Chrysler products. Here are the judge's orders. Apparently, Fiat is unwilling and financially unable to back the Chrysler product it is buying. So much for confidence in your purchase.

Originally posted at InjuryBoard by Larry Knapp

Wooden Toys Recalled by Daiso

Chrissie Cole — Wed, 07 Oct 2009 12:34:00 GMT

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Daiso announced a voluntary recall of Wooden Toys because the small parts can break and detach, posing a choking hazard.

To this date, the company has not received any reports of injury or incident regarding the recalled toys.

Penguin Handbell, Pull Doll, Alligator Pull Toy and Rolling Animals are included in the recall. “Daiso” is printed on the product packaging.

The recalled toys were sold at Daiso stores in California from December 2008 through May 2009.

Consumers should contact Daiso for a free replacement or refund.

Consumer Contact: Daiso toll-free at (888) 580-8841 between 9:30 a.m. and 6:30 p.m. PT Monday through Friday, or visit www.daisorecall.com

Originally posted at InjuryBoard by Chrissie Cole

HIV Scare in VA Hospitals Stirs Concern of Medical Malpratice

Marlon A. Scarlett — Thu, 09 Apr 2009 19:17:07 GMT

Recently the VA hospitals in TN, GA and FL openly admitted that over 10,000 patients may have been exposed to HIV and other fatal diseases. This breach of duty is due to the VA's failure to maintain industry standard safe hospital equipment, and is simply unacceptable.

As a former Coastie (U.S. Coast Guardsman) I find that I take the well being and care of our present and former service members to heart, and unfortunately the recent HIV scare continues to paint the Department of Veterans Affair in a very negative light.

The VA spokes person Roberts said the department doesn't yet have results from most of the more than 10,000 veterans it warned to get blood tests because they could have been exposed to contamination at those two facilities plus a medical center in Miami.

All three sites failed to properly sterilize equipment between treatments.

VA's open acceptance of such error is great and will do much for veteran's affected by this breach. However, justice may resolve some issues as for damages, learning to live with such a life changing disease may be all too overwhelming.

Our veteran's deserve better care than this. These issues at the VA have been long since persistent due to many years of mismanagement, poor training and failure to be on par with their civilian counterparts. If you have possibly been affected by this scare, get tested and then seek justice!

Stay Safe,

Marlon

Originally posted at InjuryBoard by Marlon A. Scarlett

Tire Maintenance a Key to Preventing Car Accidents

Marlon A. Scarlett — Thu, 02 Apr 2009 10:57:24 GMT

I recently returned from a 15 hour road trip down the east coast. In preparation for that trip I had to undertake certain vehicle inspections to verify that my vehicle was road ready, and to my surprise my car was diagnosed with a bad tire. It was then that I thought how often do people perform normal safety checks on their vehicles.

If you are a NASCAR fan, you may have seen the horrible tire blowout as the driver struggles to get the car under control, it is sheer training. But for the lay person, it’s best to avoid the risk all together by checking tire pressure and wear and tear often. A tire blowout on the highway at high speeds can be dangerous and perhaps fatal.

According to National Automotive Sampling System:

“NASS-CDS data for 1995 through 1998 (with predominately radial tires) were examined and average annual estimates there are an estimated 23,464 tow-away crashes caused per year by blowouts or flat tires. Thus, about one half of one percent of all crashes are caused by these tire problems. When these cases are broken down by passenger cars versus light trucks, blowouts cause more than three times the number of crashes in light trucks (0.99 percent) than in passenger cars (0.31 percent). Blowouts cause a much higher proportion of rollover crashes (4.81 percent) than non-rollover crashes (0.28 percent); and the rate in light trucks (6.88 percent) is more than three times the rate in passenger cars (1.87 percent).”

It is said that tires last 35,000 to 50,000 miles on average. Experts suggest that you still check your tires as often as possible - checking the pressure and making sure that your tire is not bald and that the metal threads on your tire are not shown. If you are within that 35,000 to 50,000 mile range and you see threads, you might want to check with the manufacturer to verify the tire's warranty. Nevertheless, if you find yourself in a situation where you see that your tire is bald and wiring is showing, do your family and friends a favor and replace it with a spare or have the vehicle towed to the nearest tire shop.

Best regards,

Marlon A. Scarlett

Originally posted at InjuryBoard by Marlon A. Scarlett

Modesto Woman Killed In Car Crash Near Oakland

Chrissie Cole — Sat, 14 Feb 2009 09:57:00 GMT

A Modesto woman, 24, was killed in car accident on Friday when her vehicle veered of the road, spun out and crashed into an abandoned home on Patterson Road, according to California Highway Patrol.

She was transported to Oak Valley Hospital in Oakdale where she later died, CHP reports.

According to CHP, there was a light fog at the time of the crash. Officals are investigating the cause of the accident, they are unsure how fast the vehicle was going or what caused her Honda to veer of the road and onto the grassy shoulder of the road.

The woman steered to the left to get back on the road, but she overcorrected and had to steer back to the right, the CHP reported. The car then rotated clockwise in a southeasterly direction before running off the road’s south side, a second time, and slid sideways across the road shoulder.

The Honda then struck a wire fence and continued to move in a southeasterly direction. CHP officials said the car then moved across a dirt driveway and collided head-on with a raised concrete foundation of the abandoned house.

CHP says drugs and alcohol do not appear to be a factor in the crash. According to witnesses, the woman appeared to be leaning over seconds before the crash occurred.

Originally posted at InjuryBoard by Chrissie Cole

WOMAN SUES VICTORIA’S SECRET OVER DEFECTIVE THONG

Howard Knapp — Tue, 24 Jun 2008 12:21:08 GMT

I overheard recently, while listening to a radio talk show, that a woman was suing Victoria’s Secret because of a defective thong. The woman was changing into the thong in a locker room at her work place when a “sharp dangly” addition to the thong snapped and hit her in the eye. She had three cuts to her cornea and decided to sue the boutique.

While this matter may seem comical, even a bit juvenile, what this woman is doing certainly is not. She is putting the civil justice system in the same bad light as the woman with the finger in her chili did, and that is unfortunate. More and more people feel the necessity to take cases to trial for “Hollywood” reasons. “Hollywood,” for me, refers to the incorrect views society today gets on the legal system by watching slanderous movies and humiliating television series that portray the legal system as a way to earn a quick buck through ticktack cases that have no reason being in court. It is apparent that the woman (who had worn the thong at least twice before the incident) has watched one too many Judge Maria Lopez episodes.

This case is bad for the legal system for two reasons:

1) It causes the public to continue to view courts and the legal system with a false “Mickey Mouse” and “Looney Tunes” mindset.

2) The case will possibly cause copycat cases from people more interested in making a quick Franklin than actually receiving justice.

Reading other blogs posted about the thong case, it is true that clients with preposterous cases will never stop entering attorney’s offices, and attorneys looking for spotlight will never stop taking these preposterous cases. It is apparent however, because of media and Hollywood, these cases will have the most affect on the public’s view of the legal system, as opposed to the thousands of righteous cases that settle and/or go to trial daily.

Originally posted at InjuryBoard by Howard Knapp