Greensboro Personal Injury Lawyer - Wrongful Death

Vacation Fun Turns Deadly -- Parasailers Die in High Winds at NC Beach

Pierce Egerton — Mon, 31 Aug 2009 10:28:02 GMT

U.S. Coast Guard officials say a disconnected rope is to blame in a parasailing accident that killed two women in Ocean Isle, NC, on Friday. Among the victims is Cynthia Woodcock from Kernersville. The other victim, Lorrie Shoup from Granby, Colorado, was vacationing with Woodcock.

The two were parasailing with a local company, N.C. Watersports. The company has reportedly been in operation at Ocean Isle for four years or so. The Coast Guard asked the company to suspend parasailing operations while the investigation continues.

The Coast Guard is conducting drug tests on the employees involved and looking into the possibility that rough weather in the area because of tropical storm Danny played a part in the accident.

According to reports from WFMY, Cynthia Woodcock’s son Bart is asking why the company would be operating in rough weather. “My first question is, 'If there's a storm or a tropical storm or a hurricane offshore, why in the world are you taking a small boat out there parasailing of all things?”

That seems to be the question of the moment. My partner (and Dad) Lawrence was at the coast in Brunswick County over the weekend. He expressed the same concern Bart Woodcock did when he first heard of the accident.

Witnesses to the accident also spoke of the severe weather. According to the Sun News of Myrtle Beach, witnesses said “the boat and suspended parasailers seemed to lodge motionless in high winds.”

According to the National Weather Service, winds in the area were gusting to 20 miles per hour. The Sun News reports one witness describing the wind “as strong as that of a winter nor'easter.” The newspaper also spoke with David Sage, co-owner of Myrtle Beach's Ocean Watersports. According to Sage, “when the wind gets over 20 mph, it makes a huge, huge difference.” Sage does not permit his parasail boats to operate in winds of 20 mph or greater and his boats were not operating at the time of the accident in Ocean Isle.

Our thoughts and prayers go out to the families who lost loved ones in Friday’s accident. Below is memorial service information for Cynthia Woodcock.

Memorial Service Information

A memorial service celebrating Cindy's life will be held Monday, August 31, 2009 at 7:00 PM at Woodlawn Baptist Church, 3201 N. Main Street in High Point, NC.

The family will receive friends Tuesday evening from 7 until 9 PM at Evans Funeral Service at 1070 Taylorsville Rd in Lenoir, NC 28645.

Funeral services will be conducted 2:00 PM Wednesday, September 2, 2009 at Calvary Advent Christian Church in Lenoir with Reverend Jim Lee officiating at 1330 Delwood Dr in Lenoir. Burial will follow in the Mt. View Baptist Church Cemetery in Lenoir.

The family respectfully requests memorials be made to Woodlawn Baptist Church, 3201 N. Main Street, High Point, NC or the Education Fund for Dylan and Devin Woodcock, C/O Wachovia, NC.

Originally posted at InjuryBoard by Pierce Egerton

Charlotte Girl in Critical Condition After Pool Accident in Milford, Massachusets

Lawrence Egerton — Thu, 20 Aug 2009 15:40:39 GMT

Another pool related accident has left an 11 year old Charlotte, NC girl in critical condition at the UMass Memorial Medical Center in Worcester. The girl had been swimming unsupervised on the first of August at the family pool of her aunt and uncle.

She was found unconscious in the pool, and taken by ambulance to Milford Regional Medical Center. She was later airlifted to Worcester for further treatment.

It is clear to see that this accident could have been avoided had the family only taken some simple preventative measures. Though we do not know the circumstances surrounding the accident, or who was supposed to be watching the girl, but somewhere along the line things must have broken down. If the parents were away, it is possible that they had instructed, or at least expected their extended family to supervise the child.

Of course, accidents happen, and we wish the girl nothing but the quickest recovery. If this dark cloud can have even the slightest silver lining, it would be that other parents learn from what happened here, and hopefully the same situation can be avoided in the future. If just one other child is protected then at least some good has come from this terrible situation.

Following pool safety tips like those found here can make all the difference.

Originally posted at InjuryBoard by Lawrence Egerton

Ocracoke Fireworks Explosion Victim Survived by Young Child

Pierce Egerton — Wed, 08 Jul 2009 15:45:07 GMT

In an even more tragic turn to the Ocracoke fireworks explosion, that took the lives of four people last Saturday, it has been brought to my attention that the woman who died in the explosion was a single mother. Lisa Simmons of Goldsboro, NC, was the single mother of an 8-year-old son.

A trust has been opened in his name, and I encourage anyone who is able to make a contribution on his behalf. The account has been set up with Wachovia. Simply tell them you want to make a deposit to the Trust account of Avery Jackson Simmons or give them this account number: 1010233955827

The sole survivor of the accident, Marquez Holland, continues to receive treatment at UNC Hospital. And underwent surgery for his injuries on Tuesday. "A doctor at the burn center told the AP that Holland is expected to recover but will need extensive therapy."

Originally posted at InjuryBoard by Pierce Egerton

Ritter Wrongful Death Cases Raises Interesting Questions

Dan Deuterman — Sun, 16 Mar 2008 20:13:49 GMT

A jury this weekend ruled that two ER doctors who treated actor John Ritter after he collapsed on the set of his sitcom weren't at fault in his death.

Ritter's family had filed a multimillion dollar wrongful death lawsuit against the physicians, who treated Ritter for a heart attack, not the torn aorta he had. The hospital where he was treated has already settled with the family of the Emmy Award-winning actor, best known for "Three's Company" and "Eight Simple Rules for Dating my Teenage Daughter."

Certainly, there's been some debate about wheter this jury made the right decision. And I'm sure that Ritter's family will never feel at peace with this decision or his death. In fact, a lot of families feel that way.

More often than we'd probably all like to believe, people die as a result of some medical "accident." But are all medical accidents grounds for a medical malpractice lawsuit?

The short answer is no.

To win a medical malpractice case, you must prove that you (or your loved) one received substandard care and suffered an injury that resulted in damages. To mount a successful medical malpractice claim, you have to be able to prove that the medical outcome would probably have been different had the patient not received substandard care.

These are complex legal issues that can be very confusing for most lay people. Add grief to that confusion, and it's no wonder that people struggle with whether to file a medical malpractice or wrongful death case.

On the one hand, most grieving family don't want to appear litigious. They want to trust the doctors and trust that their loved one received the best possible care. But on the other hand, they're likely to want someone to be held responsible for their loved one's death, especially if it was preventable. And they don't just want to forget about it because by doing so they may feel like they're saying that their loved one's life didn't mean anything.

If you're struggling with these issues, remember that you alone don't have to determine if your loved one's death was the result of medical malpractice. Consult an attorney, who knows the law and who has dealt with these kinds of cases before, and that person can give you advice on whether to pursue a lawsuit.

Asking for an attorney's input can be a way of honoring your loved one.

Originally posted at InjuryBoard by Dan Deuterman

Nuns Face Wrongful Death Lawsuits in New Orleans Lafon Nursing Home Deaths during Hurricane Katrina

Dan Deuterman — Wed, 22 Aug 2007 09:24:46 GMT

They don't face criminal charges, but that doesn't mean nuns who ran the Lafon Nursing Home in New Orleans when Hurricane Katrina struck are in the clear.

That's because they're facing wrongful death lawsuits regarding 22 nursing home residents who died in the horrible conditions in the aftermath of Katrina. New Orleans resident Maria Johnson sued Lafon in the death of her 79-year-old mother. She said she is deeply troubled that the nuns were evacuated from the nursing home but not her mother, Lorraine Duvernay.

Her mother's wasn't the only death at Lafon Nursing Home during the hurricane.

Much has been documented already about the chaos that ensued during Hurricane Katrina - mandatory evacuations came too late, supplies could not get in and many other logistical problems added to the nightmare.

The Lafon Nursing Home incident is a tragedy because many of the elderly residents were deemed too frail to be moved and survive an evacuation.

The nursing home residents fates seemed sealed either way - risk medical problems from evacuation or risk riding out the storm. However, what's really called into question in the wrongful death lawsuits is why there was never a plan to begin with and why mandatory evacuation orders were not heeded.

Certainly, a natural disaster such as a hurricane cannot be avoided. But could better planning have prevented the deaths at Lafon nursing home and elsewhere. Shouldn't someone be held liable for the negligence and inaction that lead to these deaths.

Originally posted at InjuryBoard by Dan Deuterman

Mother of Man who Died in Immigration Custody to File Wrongful Death Suit

Dan Deuterman — Tue, 21 Aug 2007 21:48:02 GMT

The mother of an HIV-positive man who died while in immigration custody plans to file a wrongful death suit against the United States government, according to news reports.

The mother alleges that immigration officials denied medical treatment to her son while he was in custody.

This immigration wrongful death case highlights a disturbing trend.

23-year-old Victor Arrelano, died while in custody at an immigration detention center in San Pedro, Calif. According to the Los Angeles Times, the case highlights an "inadequate, even dangerous, medical system for the nearly 30,000 undocumented immigrants in custody nationwide."

Attorneys for Arrelano's family say that while in custody, Arrelano's condition deteriorated to the point that fellow detainees urged staff to provide medical care. Roman Silberfeld, the family's attorney, said that 70 detainees signed a petition urging that Arrelano receive medical attention. When Arrelano's condition became critical, he was transferred to a San Pedro hospital and died several days later, according to the Times.
Lorri Jean -- chief executive of the Los Angeles Gay and Lesbian Center, which provided treatment to Arrelano two years ago -- said she has "no doubt" Arrelano died because he was "denied the medications that [he] needed to stay alive." Jean said that she and her staff will discuss Arrelano's death and their concerns about treatment at the detention center with Rep. Henry Waxman (D-Calif.), the Times reports.

U.S. Immigration and health services officials defended the quality of medical care provided at dozens of immigration centers nationwide, but they would not discuss individual cases because of privacy concerns, the Times reports.

Originally posted at InjuryBoard by Dan Deuterman

Legal woes not over for Tolly Carr, TV anchor convicted in drunk driving death

Dan Deuterman — Fri, 17 Aug 2007 10:00:28 GMT

The cirminal trial of Tolly Carr is over, but the former television anchor still faces a wrongful death suit.

The suit was filed in May in Forsyth County against Carr, a former anchor of WXII in North Carolina, and three Winston-Salem bars the lawsuit says served Carr the night in March that Casey Bokhoven, 26, was killed.

On Monday, Aug 13, Carr, 32, pleaded guilty to charges of felony death by motor vehicle, felony serious injury by vehicle and DWI. He was sentenced and will spend at least two years in prison.

Thomas Comerford, an attorney for Bokhoven's father, Howard Bokhoven, filed the wrongful death suit.

News 14 Carolina reports the three bars are accused of negligence, saying Carr "was served and did consume a large quantity of alcoholic beverages... and left... in an extremely intoxicated condition."

Bartenders can be charged with criminal misdemeanor if they knowingly serve an intoxicated person.

This particular case has drawn a lot of attention and not just because Carr, a former TV sports reporter and anchor, was a public figure. Locally, the case has fueled debate about the responsibility of bar owners and whether they should be held liable for their patron's criminal conduct.

Some local bars in the area are re-training their staffs on how to handle these situations.

We know what the law says in these cases. But what do you think? Should bar owners and bartenders be held responsible when someone they served kills or injures someone while driving drunk? Should they face criminal charges, civil penalties or both?

Originally posted at InjuryBoard by Dan Deuterman

Parents sue 3M, Wal-Mart over huffing death

Dan Deuterman — Tue, 19 Jun 2007 17:08:45 GMT

The parents of a California teenager who died after inhaling an aerosol dust remover have filed a wrongful death lawsuit against 3M Co. and Wal-Mart Stores Inc. for selling the substance.

The suit says both companies knew 3M Dust Remover was popular among teenage inhalant abusers, but continued selling it for years without adequate warnings or other deterrents.

When inhaled, dust remover produces a euphoric and cheap "high.". The suit states other manufacturers of similar products use a "bitteragent" to prevent inhalant abuse. 3M introduced a bitteragent to the product in March.
The practice of inhaling dust remover products, known as "dusting" has been widely reported by the U.S. media since at least 1999 and generated one national lawsuit, the complaint said. Kasey Jo Easley, 19, died days after becoming intoxicated from "huffing" 3M Dust Remover purchased from a Wal-Mart store and falling unconscious in a hot tub in November 2006 at a party in California.

The suit accuses Wal-Mart and 3M of wrongful death, product liability and negligence. Easley's family is seeking punitive damages.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Dan Deuterman

Judge dismisses wrongful death suit in Natalee Holloway case

Dan Deuterman — Mon, 04 Jun 2007 11:25:08 GMT

The AP is reporting that a California judge has dismissed the wrongful death lawsuit filed by the parents of Natalee Hollaway against two brothers who are suspected to be involved in her disappearance and apparent death.

The judge cited lack of jurisdiction as the reason for the dismissal.

The parents of Natalee Holloway cannot sue in Los Angeles because the case has no California connection and the courts lack jurisdiction over the brothers, Superior Court Judge Charles C. Lee said.
The teen's parents, Elizabeth Ann Twitty of Alabama and Dave E. Holloway of Mississippi, will decide whether to appeal, said their attorney, John Q. Kelly.

The 18-year-old Holloway was on a graduation trip in Aruba when she disappeared more than two years ago on the night of May 30, 2005. She has not been found.

She was last seen getting into a car with Deepak and Satish Kalpoe and van der Sloot. They were arrested in connection with the disappearance but were later released.

Originally posted at InjuryBoard by Dan Deuterman

Workers' Comp Death Benefits Funneled To Insurers

Dan Deuterman — Fri, 01 Jun 2007 13:42:05 GMT

A recent investigation by the Houston Chronicle revealed that that $17 million in workers' compensation benefits have been denied to families of workers killed on the job.

Under Texas law, when a worker is killed on the job, and does not have a spouse, dependents or any family members that can prove they were financially dependent on the worker, the death benefit money is moved to the Subsequent Injury Fund. This fund was originally set up for injured workers who need extra help after suffering multiple injuries.

However, under a law enacted in 1991, insurers in Texas can request reimbursement from this fund to help recoup losses. Between 2003-2006, more than $10 million from this fund found its way back to insurance companies' bank accounts.

One father of a college-aged son who was killed on the job calls it "blood money."

Why are insurance companies in Texas financially benefiting from the deaths of workers? Why doesn't this money just stay in the Subsequent Injury Fund to help those truly in need? Some people in Texas are beginning to sit up and take notice and are working to change the laws to more fairly benefit workers and their families in these wrongful death cases.

The state legislature in Texas is considering action that would ensure that family members receive these benefits when a loved one is killed on the job.

Originally posted at InjuryBoard by Dan Deuterman