St. Cloud Personal Injury Lawyer - Wrongful Death

Wright County Head On Collision Kills Teenage Driver

Mike Bryant — Tue, 24 Nov 2009 20:01:00 GMT

Saturday evening, a head on collision in Wright county killed a teenage driver. He had been driving a westbound 1998 Toyota Camry that hit a eastbound 2001 Chevrolet Silverado pickup.The collision was reported at 6:25 p.m. Saturday on Wright County Road 35, near Jamison Avenue.

The county sheriff is still investigating the cause of the impact.

This death, was the second reported highway death this past weekend. The tragedy comes two months after the Minnesota Department of Public Safety (MDPS) reported that overall the number of highway deaths has been down for 2009 with more than 300 people having died this year in Minnesota traffic collisions. There were 458 deaths in 2008, which was a drop from 510 in 2007.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed last year on the same topic. In this accident sorrow for the families and friends of those involved goes out.

Originally posted at InjuryBoard by Mike Bryant

Stork Craft Recalls 2.1 Million Drop Side Cribs

Mike Bryant — Mon, 23 Nov 2009 22:16:03 GMT

Today, The U.S. Consumer Product Safety Commission and Stork Craft Manufacturing Inc., of British Columbia, Canada recalled 2.1 million Stork Craft drop-side cribs. drop-side plastic hardware can break, deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation: a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. Included in these incidents are 20 falls from cribs; 12 in the U.S. and eight in Canada. Fall injuries ranged from concussion to bumps and bruises.

http://www.youtube.com/watch?v=t2JehETgNjc&feature=player_embedded

The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down.

The cribs were sold at major retailers including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

This recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. This recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. The cribs were sold in various styles and finishes. The manufacture date, model number, crib name, country of origin, and the firm’s name, address, and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.The cribs were manufactured in Canada, China and Indonesia.

Consumers should immediately stop using the recalled cribs and wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side. Stork Craft can be contacted at (877) 274-0277or through their website www.storkcraft.com

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Eden Prairie Crash Leaves One Dead

Mike Bryant — Sun, 22 Nov 2009 22:56:00 GMT

Friday night, A man died after his car going south on Flying Cloud Drive crossed into the northbound lanes and hit a another car head-on. The driver of the northbound car was hospitalized. There were also two minors that were passengers and said to be unharmed. Investigation continues as to what happened.

This death, like any other on Minnesota roads is particularly unfortunate considering it comes two months after the Minnesota Department of Public Safety (MDPS) reported that overall the number of highway deaths has been down for 2009 with more than 300 people having died this year in Minnesota traffic collisions. There were 458 deaths in 2008, which was a drop from 510 in 2007.

Originally posted at InjuryBoard by Mike Bryant

Southern Minnesota Heroes Deserve Honor And Credit

Mike Bryant — Sun, 22 Nov 2009 06:07:00 GMT

What a night last week in Southern Minnesota. A night of multiple motor vehicle accidents and the need for immediate medical emergency responses. The Rochester Post Bulletin had the time line recently:

• At 3:21 p.m., a tour bus carrying 22 people crashes on Interstate 90, killing two people and injuring 20.

• At 5:15 p.m., a school bus carrying 22 students from Wabasha-Kellogg High School collided with a car on U.S. 63 North in Rochester, injuring eight students and seriously injuring the car's driver and passenger.

• Minutes later, an ambulance that was headed to the scene of the school bus crash was involved in a four-vehicle accident on Second Street Southwest. Two people were injured and had to be extricated from their vehicles.

• About 7:30 p.m. at Church of the Savior in southeast Rochester, a vehicle struck a pedestrian, then slammed into the church.

Four separate significance incidents, within four hours, all of which required quick responses. There was a need for police, sheriffs, troopers, firefighters, ambulance crews and helicopter personnel. There also the vital requirement of hospital and emergency room personnel . What a test for even a much larger area. It sounds like the test was not only met , but that it was exceeded in it's expectations.

I often talk to clients that will point out the difference that the emergency personal made. When I get the chance I thank these individuals for their past and future service. Hopefully, everyone will do that.

Originally posted at InjuryBoard by Mike Bryant

Company Lawyer Diagnosis The Condition Of The Austin Bus Driver

Mike Bryant — Sat, 21 Nov 2009 22:42:00 GMT

It has been interesting to read the different stories that have been looking for the answers to what happen in the tragic tour bus accident this week outside of Austin, Minnesota. I originally wondered if it was a medical condition or maybe the driver fell asleep.

Recently, MPR found that the driver's record included a seat belt violation from this year and a 2001 DWI in his personal vehicle. Probably, only important if there was more known about the drivers activities while the passengers were at the casino.

There has also been unanswered questions as to why the driver was on I-90. Apparently, that wasn't his expected route. There wasn't any weather that would have suggested a change. It would be important to know if maybe there was something going on that the driver knew about.

Now we have the lawyer that the company hired saying that "It's quite clear that he suffered an emergency medical event while driving the bus, and he's hospitalized for that." That may very well turn out to be true. But considering the State Patrol thinks it will be weeks before we know and that medical experts haven't come forward this sounds a lot like a defense.

I can assure you that he understands that a sudden medical emergency can be argued as an Act of God. If such a conclusion was drawn by a fact finder, there would be no liability what so ever. So hopefully, the investigations will get to the truth.

Originally posted at InjuryBoard by Mike Bryant

What Caused The Austin Bus To Crash?

Mike Bryant — Thu, 19 Nov 2009 21:42:37 GMT

That will be the question, people will be asking and hopefully will be answered. The background question is by who and how? It may be the State Patrol who had a very interesting press conference today that touched on a number of issues concerning the crash. Or the question may already be answered:

http://www.youtube.com/watch?v=8T37zpZd0ZU&feature=player_embedded

Last night I speculated that is could be a medical condition or the driver may have fallen asleep. No matter what the answer is, it will be important that all the questions are asked:

What did the driver do during the day?

Why were they unexpectedly on I-90?

What is the medical history of the driver?

Does his past driving record reveal anything?

It is clear that the insurance companies are already out and asking questions. My guess is that they aren't doing it to make sure that everyone is properly compensated. The State Patrol will do their very best , but they may not be looking out for the rights of each individual involved. The whole issue of liability (fault) may very easily turn on what is found and what isn't.

Originally posted at InjuryBoard by Mike Bryant

Two Dead In Austin Bus Crash

Mike Bryant — Thu, 19 Nov 2009 00:31:28 GMT

It was reported that tonight two are dead and 21 have been injured in a tour bus crash in Austin, Minnesota. The bus was on I-90 and returning from a trip to Diamond Jo Casino in Northwood, Iowa.

Investigation by the State Patrol will hopefully determine what happened, but according to the Minneapolis Tribune:

the driver was in his 50s and had worked for the company when it was focused on school bus trips. He also has experience driving semitrailer trucks and working with heavy machinery.

Did he fall asleep or have some other medical condition? It has been reported that:

There was no construction going on in the area of the accident and weather was not a factor, Andy Skoogman, a spokesman for the Department of Public Safety said, adding that several cars in the westbound lanes got out of the way of the bus.

According to Skoogman, the bus was heading east on Interstate 90 near Austin when it crossed the median into the westbound lanes. It ended up in a ditch where it flipped over.

If you are driving it is important that you be aware of fatigue signs.

WARNING SIGNS OF DROWSINESS AND FATIGUE

If you:

can't remember the last few miles driven
have wandering or disconnected thoughts
experience difficulty focusing or keeping your eyes open
have trouble keeping your head up
drift from lanes or hit a rumble strip
yawn repeatedly
tailgate or miss traffic signs
find yourself jerking your vehicle back into lane

then you may be suffering from drowsiness or fatigue. Continuing to drive in this condition puts you at serious risk of being involved in a fatigue-related crash. You should pull over in a safe place and get some rest before resuming your trip.

WHAT YOU CAN DO TO STAY ALERT WHILE DRIVING:

Sleep / Take naps: Your best bet is to get enough sleep every day. If you must stay up late, afternoon naps are a great way to get more sleep. If you feel drowsy while driving, a 15-minute nap can be very effective. Make sure to pull over in a safe place.

Caffeine: Avoid caffeine during the last half of your workday as it may contribute to sleeping problems. You can gain short-term alertness by drinking coffee or other caffeine sources if driving, but it usually takes 30 minutes to take affect and wears off after a few hours.

Regular stops: You should stop every 100 miles or 2 hours. Switch drivers if you can.

Avoid Alcohol: If you have been drinking, please don't drive! In addition to being illegal, alcohol makes you sleepy and amplifies your fatigue.

If you are planning a long trip, AAA offers the following tips for avoiding fatigue:

Prepare for your trip by getting a good night's sleep the night before. Plan to drive during the time that you are normally awake, and stay overnight rather than traveling straight through.
Avoid driving during the body's "down time". According to AAA, this is generally in the mid-afternoon and between midnight and 6:00 a.m.
If you have passengers, talk to them. It will help to keep you alert, and they will also be able to tell if you are showing signs of getting sleepy.
Schedule a break every 2 hours or every 100 miles. Take a nap, stretch, take a walk and get some exercise before resuming your trip.
Stop sooner if you show any danger signs of sleepiness.

"TRICKS" THAT DO NOT WORK

Opening the window, turning on the air conditioning, or playing loud music are not effective in keeping drivers alert for any extended period of time.

For Passengers on a bus that need to approach a driver it has also been suggested:

1) Talking to an authority figure on the bus
2) Calling the police
3) Talking to the driver in a group
4) Or at least reporting it at the next stop

Sympathy goes out to those that lost friends and family on the bus. It is also hoped that those that were injured heal quickly. Outings like this shouldn't end up in tragedies.

Originally posted at InjuryBoard by Mike Bryant

Reno Medical Helicopter Crash Kills Three

Mike Bryant — Sun, 15 Nov 2009 15:21:01 GMT

Another medical helicopter crash will continue to raise concern. Saturday morning, a crash near the Nevada-California state line north of Reno killed three crew members. The helicopter had just dropped off a patient at a Reno hospital and was returning to its base in Susanville, Calif. , said Ian Gregor, an NTSB spokesman. It was the second fatal crash of a Mountain Lifeflight helicopter returning to Susanville after dropping off a patient at Renown Medical Center in Reno.

The NTSB issued a special report in 2006 highlighting issues that had caused an upsurge in emergency helicopter crashes, particularly during nighttime and in poor visibility. In 2008, the number of crashes was a record. The crashes haven't always harmed the patients, but the number of ambulance personnel has been staggering. The rate of fatalities per 100,000 air-ambulance employees over the past 10 years exceeds other dangerous professions such as logging or deep-sea fishing, said Ira Blumen, program director of the University of Chicago Aeromedical Network.

While these recoveries will be vital to saving lives and helping injured parties to get top care, it clearly looks like there are extra dangers that are added. I've always thanked the medical personnel when they've helped my clients in the past and I will make sure to give the ambulance personnel an extra thank you

Originally posted at InjuryBoard by Mike Bryant

Jelly Belly Recalls 49 Flavors Jelly Belly Packages

Mike Bryant — Sun, 08 Nov 2009 21:22:35 GMT

The first week of November, Jelly Belly Candy Company did a nationwide recall of 7.5-ounce cylinder-style packages of 49 Flavors Jelly Belly jelly beans. The package is incorrectly labeled. The mislabeled packages failed to list peanut butter and peanut flour in the ingredient statement..

Subject to recall are the Jelly Belly 49 Flavors cylinder packages which were shipped to approximately 200 independent stores nationwide from September 29 to October 30, 2009. The cylinders are a clear 7.5-ounce acetate with white label on the bottom of the package with lot codes 090925, 090928, 090929 or 091001. UPC code 071567989398.

Consumers who have a peanut allergy and purchased this product in the last five weeks are urged to return it to Jelly Belly Candy Company, One Jelly Belly Lane, Fairfield, Calif., 94533. Consumers and retailers with questions about the recall should call the Jelly Belly Hotline at 800-522-3267 or to visit the companies website at www.jellybelly.com .

If you suffer from food poisoning, you need to get immediate medical care. If it continues or there are long term affects, you should contact an attorney concerning the problem. Early investigation can include the collection of samples, checking for health alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

3.8 million Toyotas Equal 6th Largest American Recall:Too Late For Four Killed

Mike Bryant — Tue, 03 Nov 2009 23:32:44 GMT

Apparently two years ago there were five complaints from owners of the 2007 Lexus ES 350 about unintended acceleration. It took them a little while, but after an apparent "thorough investigation" Toyota and the National Highway Traffic Safety Administration have now recalled the all-weather floor mats in 2007 and some 2008 ES 350s as well as their sibling, the Toyota Camry. Admitting that the floor mats could jam accelerators on 3.8 million Toyotas.

If they had acted faster would they have saved the four people in California who were killed in a recent crash involving a Lexus with a stuck accelerator pedal? Do you think it was the complaints of the potential litigation that finally caught up with Toyota and made them do something? Maybe, tort deform damage caps might have gotten them to act faster? You have got to be kidding me or maybe you own stock in Toyota.

The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

Originally posted at InjuryBoard by Mike Bryant