Michigan Accident – Snowmobile Accident Kills Detroit Sisters

Friday, February 12, 2010

In snowy Michigan, snowmobiling is a beloved past time for residents of all ages. Even though it can be a fun activity, it can also be incredibly dangerous. As a Michigan personal injury lawyer, it is common to assist clients who have sustained severe personal injury in a winter recreational accident–much like the tragic example of the two Michigan sisters who were recently killed in a snowmobile accident.

According to Michigan State Police, Karen Schwarck, 59, and Edith Bonno, 57 were up north enjoying an annual winter festival on the island. After the festivities, they took a snowmobile ride on the trails of historic Mackinac Island, attempting to take photographs of the beautiful winter scenery. Schwarck’s husband Donald reported the two ladies missing when they did not return home by 10:15 that evening. Law enforcement officials found the two bodies at the bottom of a steep hill. Mackinac Island Police speculate that the women lost control of the snowmobile due to the snowy weather conditions. Furthermore, it is not believed that alcohol played a factor in this tragic recreational accident.

Snowy, winter weather creates an ideal environment for fun and exciting recreational activities. However, because of the slick conditions, it also creates a prime situation for recreational accidents to occur. As seen by the example of the two Detroit sisters, severe personal injury or death can ensue, even with the most experienced riders. It is important to eliminate as many distracting factors as possible, such as cell phones. Taking your attention off of the road even for a split second could cause a tragic accident. According to Michigan State Police, there have been at least fifteen other snowmobile accident fatalities since December, 2009. Therefore, this winter The Law Offices of Bredell and Bredell encourages all those participating in recreational activities this winter to pay attention and play it safe!

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Personal Injury – Massive Wrongful Death Verdict Left Unpaid

Wednesday, January 20, 2010

Just because a case is won, and a verdict is reached does not mean that the winning side will collect damages right away–especially when the amount is substantial. Such is the case of an Indiana woman who was awarded $157 million in February, 2009 after the wrongful death of her husband.

Carol and Timothy Simontons were camping in western Indiana during the fall of 2005. Timothy, 42, was an avid hunter, had been in a tree stand at the time of his death. A tree stand is a device that allows hunters to be on the look out for deer and other animals from an elevated position. However, the device Simsonton was standing on suddenly broke. As a result of his fall, the safety harness wrapped around his neck, strangling him to death.

Carol Simonton filed a wrongful death claim against the manufacturers of the tree stand that malfunctioned, ultimately killing her husband. The defendants however – L&L Enterprises from Hattiesburg, Miss., Ol’ Man Tree Stands in Jay, Fla., and TSR Inc. in Pace, Fla., remained virtually silent throughout the entire legal process. Not one person appeared in court to represent any of the defending parties. Additionally, none of the defendants filed an appeal regarding the jury’s verdict–although they were given ample time and opportunity, because they chose not to appeal the ruling, it will stand.

However, in September of 2006, correspondence from L&L Enterprises stated that they were no longer in business, had no assets available, and therefore no funding to retain legal counsel in Indiana. Additionally, TSR Inc., the company that purchased the tree stands from L&L Enterprises is also no longer in business. Simonton’s personal injury attorney, Mike Phelps, reports that he has had great difficulty finding anyone from the no longer existant companies to collect money for his client. “I doubt there are enough assets to cover the verdict…. But there might be one or two insurance policies,” Phelps said. Either way, it will be “lengthy process.”

Losing a loved one in a wrongful death accident is life-changing–the problems created by such an accident are often  impossible to fix.  But, an experienced personal injury lawyercan help answer many of the questions that you might have surrounding a wrongful death claim. For such an accident, you and your family could be entitled for damages for your tragic loss. To ensure that you have the best possible representation, contact a hard-working and agressive personal injury attorney today. The Law Offices of Bredell and Bredell and ready to fight for the compensation you deserve.

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Catastrophic Injury – Olympic Snowboarder Sustains TBI

Sunday, January 17, 2010

As the 2010 Winter Olympic Games approaches, spectators are constantly reminded how dangerous some of the events can be for those who participate. Although they are trained athletes, it does not mean that recreational accidents do not happen. Such is the example of Olympic athlete Kevin Pearce, a snowboarder from Vermont. Following a snowboarding accident, the Olympic hopeful remains in critical condition.

Pearce was training on the half-pipe in Utah for a qualifying round to make the Olympics in Mammoth Lakes, California. While practicing a very difficult trick, Pearce, 22, hit his head just above one of his eyes. The trick he was performing was one he had successfully completed before: a cab double cork twisting double back flip. However, this time he caught the toe-side of his board and struck his head. The hard and icy wall of the half-pipe was not forgiving for the young athlete–immediately after hitting the ice, Pearce was flown to the University of Utah hospital where he underwent surgery to prevent the build up of fluid in his brain. Upon medical examination at the hospital, it was determined that Pearce had sustained a severe traumatic brain injury.

Pearce was said to be one of the most promising Olympic candidates. He was getting ready to make a bid for the gold medal this winter when he was injured. At last years XGames, Pearce won the silver medal. Additionally, he beat snowboarding great Shaun White at both the 2008 and 2009 Burton European Open competitions. While it is unclear how long it will take Pearce to recover from his injuries, friends, family, and fans remain hopeful that he will make it back out onto the slopes soon.

Although recreational sports, such as snowboarding, are beloved past times, they can still present dangerous situations and result in severe personal injury. An experienced personal injury attorney can help guide the injured through the complicated legal process, providing the best legal advice for the case. Traumatic brain injuries are devastating, and the consequences are life-changing. If a you or a loved one have sustained personal injury as a result of an accident, contact a hard-working personal injury lawyer today. The Law Offices of Bredell and Bredell are ready and waiting to help you, reach out to us today.

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Personal Injury – Young Man Dead After Skiing Accident

Saturday, January 9, 2010

Winter recreational activities such as skiing are favorite past times of many. However, this exciting sport has great potential for personal injury and causing accidents. This is evident from the recent Idado teenager who was found dead after a weekend trip skiing at Schweitzer Mountain in Idaho.

A group of snowboarders discovered fifteen year-old William Johnson laying unconscious and unresponsive in the middle of a tree well. They immediately reported this to the ski patrol. However, when the ski patrol arrived on the scene, they only found the young man and not the reporters.

The recreational accident is still under investigation. Tree wells can be dangerous on ski runs, as they can form in obscure locations. Holes form around the bases of coniferous trees in ungroomed portions of ski resorts. These holes are created when low-hanging branches keep snow from consolidating around the base of the tree. This makes a deep void that is hidden by branches.  Falling in one of these holes can cause severe personal injury and/or death. Commonly known as a “Non-avalanche related snow immersion death,” potential risks can include suffocation and asphyxiation.

The odds of an individual surviving such an accident alone are very low. T hat is why it is important to ski with a partner in case of any sort of personal injury. Recreational accidents can result in life-changing injury. Should you or a loved one be injured in an accident, it is important to contact a hard-working personal injury lawyer to guide you through the legal process. The Law Offices of Bredell and Bredell have years of experience representing those who have been injured in a variety of accidents. Please do not hesitate to contact us today!

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Always Put Safety First When on the Hunt

Friday, November 13, 2009

As Thanksgiving approaches, more and more Americans all across the country are finding enjoyment from hunting. Whether it is birds, deer, turkey, or any other form of small game, many find this activity to be a therauptic and fun way to spend time around the winter holiday season. While the hunting regulations vary from state to state, it is the goal of all hunters to ensure the safety of all of those who participate. If people are careless with their firearms, it is possible that severe injury and/or death can occur from such a recreational accident.

Safety must always be the top priority when hunting. When your team goes afield, it is important to make sure that everyone is fully knowledgeable of how to hunt skillfully and safely. In 1966, hunting accidents began to be recorded, averaging roughly twelve deaths per every 10,000 hunters. While this number has been dwindling in recent years on average, in states where hunting remains very popular (such as Texas), the amount of fatalities due to hunting accidents remains relatively constant. Regardless of the fact, any deaths from hunting accidents are unacceptable because they are completely preventable.

If you and your loved ones plan to go hunting this season, here are the top ten things to remember about firearm safety:

  1. It is important to make sure you are aware of the direction your muzzle is facing at all times. Keeping it pointed in a safe direction can prevent hunting accidents should the gun accidentally fire.
  2. When they are not actually being used, guns should always be unloaded.
  3. Treat the gun as if it could fire at anytime–don’t rely solely on a gun’s “safety.”
  4. Be certain of not only your target, but what is surrounding it.
  5. Use the correct ammunition for the gun that you are using. If improper ammunition is loaded into a gun, it can cause it to malfunction.
  6. If for any reason, the gun fails to fire after the trigger is pulled, it is extremely important to handle the gun with care. Keep the muzzle pointed in a safe direction, and ask for help.
  7. When shooting, it is essential to wear protective ear and eye gear.
  8. The barrel should always be clear of any obstructions before pulling the trigger.
  9. While you shouldn’t alter or modify your gun, you should have it serviced regularly.
  10. It is very important to learn everything possible concerning the mechanics and the handling characteristics of your firearm. Do not use any firearm that you have not properly been trained how to use.

Hunting and other recreational accidents are especially tragic because injury and/or death occurs from participating in a generally safe and enjoyable activity. However, if the utmost care is not paid, then hunting excursions can be memorable for negative reasons. Do not allow this to happen to you and your loved ones this holiday season. There are several courses available around the country that emphasize the aforementioned safety tips, teaching every participant how to hunt safely. The Law Offices of Bredell and Bredell are here to help should you or a loved one be injured in a recreational accident. Please contact us immediately should this apply to you.

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New York Revised Life-Jacket Law Goes Into Effect

Friday, November 6, 2009

On November 1st, 2009 a new law was implemented in New York that revises the existing life-jacket law. Under the new provision, all boaters on recreational watercraft that are less than twenty-one feet long are to wear a personal flotation device. This includes motorboats, canoes, kayaks, rowboats, and sailboats specifically during the off season months: November to May.

This law was approved in August, due to overwhelming evidence that a number of fatalities happened during the winter months. In fact, roughly 25% of the state’s boating and recreational accidental deaths happened in the off-season. In 2008, New York counted twenty-one boating fatalities, five of which happened in frigid conditions.

Boating accidents can be especially dangerous in cold water. Being overcome by frigid water can overpower even the strongest swimmers.  Water that is less than sixty-eight degrees Fahrenheit has the ability to cause cardiac arrest.  It ultimately prevents the ability of swimming and gripping. Therefore, the chances of death among those not wearing lifejackets is higher. Regardless of the time of year, a lifejacket is the best way to prevent injury and/or death in the event of a boating accident. It is unfortunate that boaters underestimate the effects of cold water immersion and do not wear a life preserver.

According to the law, each person that is on a watercraft must wear an appropriately fitted life preserver that has been approved by the United States Coast Guard. This law is in effect on any body of water within the state that is not privately owned, including lakes, rivers, streams, and waters. Breaking such a law will result in a fine. Additionally, the new law requires that floatation devices should be worn at all times by children under twelve years of age, as well as anyone being towed including water-skiiers and wake-boarders.

Enjoying a nice boat ride during the cool, fall weather can be a very enjoyable experience. However, many people underestimate the water, and do not wear a life jacket. Unfortunately, this can result in great injury and/or death. The Law Offices of Bredell and Bredell encourage all those who partake in boating and recreational activities to take caution and wear a life jacket, no matter what time of year you are on the water!

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Montana State Senator Charged with 3 Felonies After Boat Crash

Thursday, October 15, 2009

Although boating is a very enjoyable activity, recreational accidents can and do happen–especially if the driver of the boat was intoxicated. Last week, felony charges were filed against Montana State Senator Greg Barkus after he crashed a boat at high speed into a rocky barge after a night of drinking.

On August 27th, 2009 Senator Barkus was drinking scotch and wine during a dinner with other fellow legislators U.S. Representative Denny Reheberg, as well as his state director, Dustin Frost. The waitress who served him reported that she gave him two scotch drinks, while others at the restaurant report that Senator Barkus was drinking red wine following dinner.

Although those at the dinner maintained that he did not seem intoxicated or impaired when they left the restaurant, Senator Barkus had a blood-alcohol level of .16 when tested two hours later at the hospital. His level was twice the legal limit. When Senator Barkus was tested a second time, almost four hours later, he was still legally drunk with a blood-alcohol level of .12.

The boat involved in the crash did not have a spotlight, nor any other form of lighting. To navigate it was using a GPS system, traveling as fast as 45 miles per hour. One of the passengers reported that he was traveling at full speed. Additionally, another passenger has said that at one point during the trip Senator Barkus seemed confused about their direction. Because of this, he made a huge change in course direction. Almost immediately afterward, the boat went airborne, and then crashed onto a rocky embankment.

When Senator Barkus crashed the boat in Flathead Lake, Representative Rehberg suffered a broken ankle, among other injuries. However, he received the least injury. Frost spent ten days in a coma, and has been left with catastrophic brain injuries. Senator Barkus broke his pelvis and ribs, and two other passengers were also hurt.

Because of the boating accident, Senator Barkus faces charges of criminal endangerment and two counts of negligent vehicular assault. According to court documents, each of these have a penalty of up to ten years in prison, along with significant fines. However, one of the negligence counts cites the serious injuries to Representative Rehberg, and the other concerns the severe injuries to Frost.

Representative Rehberg, as well as Frost’s family, maintain that this was an unfortunate accident, but nothing more. Because this case is very high-profile, the judges in Flathead County decided to send the crime lab evidence out of state in order to avoid favoritism for the state senator.

However, Senator Barkus’ record is not a clean one. He was arrested in 2004 for suspicion of drunk driving, but was ultimately convicted of reckless driving. Although his term ends in December, if convicted of a felony before his term ends he will be forced from office early.

Driving a boat has the potential to be very dangerous, and requires the utmost attention at all times. Adding darkness and alcohol to the combination makes that possibility much more likely. It is important that everyone, not just those in the public eye, are careful not to drive any vehicle while under the influence of alcohol. Drunk driving accidents are even more devestating because they are completely preventable. The Law Offices of Bredell and Bredell has years of experience handling both recreational accidents, as well as drunk driving accidents. If you or a loved one have been injured in such an accident, please do not hesitate to contact us.

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Catastrophic Injuries from Girl’s Cheerleading on the Rise

Monday, September 21, 2009

A popular sport for young ladies during their school years is cheerleading. This athletic activity was the favorite of fourteen year-old Laura Jackson. However, while trying out for her high school’s varsity squad sustained a catastrophic injury. An attempt at a back flip went wrong, and there was not a trained spotter on hand. As a result of the accident, Laura is now paralyzed and uses a ventilator to assist with breathing.

According to Amy Bohn, a physician at the University of Michigan Health System’s Department of Family Medicine, cheerleading has become the top cause of catastrophic injury to female athletes. The amount of injuries sustained while cheerleading have increased significantly over the past few decades. Data from the Consumer Product Safety Commission, the rate has gone from 5,000 in 1980 to 28,000 in the past few years. Additionally, The National Center for Catastrophic Sports Injury Research determined that cheerleading injuries account for 66% of all female catastrophic injures in high school and college.

Most injuries sustained while cheerleading are common among any sport–muscle strains, pulls, ligament injuries, tendon injuries, and so on. However, Bohn says the concern arises from the fact that there is a recent amount of increasingly severe injuries as a result of the sport. The rise in catastrophic injuries due to cheerleading seems to be because not only is participation at an all time high,  but also because the degree of difficulty and skill required has increased. There is a great degree of acrobatic ability and stunt activities involved that makes cheerleading primed for accidents.

To combat the increasing number of catastrophic injuries, it is important that the coaching staff have experience in injury prevention, first aid and CPR. Additionally, it is key that they are trained in how to develop athletes’ strength, conditioning, and flexibility. A spring-loaded floor along with mats can help prevent injury.

Catastrophic injuries are devastating and life-changing. Whenever participating in an activity that has hazardous situations, such as cheerleading, it is important to always make sure that trained professionals present in case an accident does occur. The Law Offices of Bredell and Bredell have years of experience helping those severely injured in various types of sporting and recreational accidents. If you or a loved one has been catastrophically injured in a sporting or recreational accident, please do not hesitate to contact us immediately.

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North Carolina Parasailing Accident Ends In Fatality

Wednesday, September 2, 2009

In the summertime, recreational activities are especially popular with tourists in heavily populated areas. Although safety measures are taken to ensure that no accidents occur, accidents still happen.

Last week, two women vacationing in Wilmington, North Carolina died following a recreational accident along the coast. According to the U.S. Coast Guard Safety Unit in Wilmington, Lorrie Sharp, 56, and Cynthia Woodcock, 60, were killed while parasailing. It is a recreational activity by which one to two people are towed behind the boat while attached to a parachute. The two women were killed when the rope attaching them to the boat, and keeping them in the air disconnected.

N.C. Watersports, a company that has operated out of Ocean Isle Fishing Center for approximately four years, was the sponsoring organization the women were parasailing with. All operations were suspended until a complete investigation could be conducted. Following federal regulations and investigation procedures, the Coast Guard officials are administering drug and alcohol tests on the master and all crew. Additionally, they are interviewing all of the workers and witnesses surrounding the vessel.

According to N.C. Watersports policy, prior to all parasailing trips a safety briefing is held. Additionally, instructions are sent from the boat, and all participants wear lifejackets. Although no safety-related problems were acknowledged with the vessel, no further information has been disclosed concerning the accident, other than the rope simply disconnected. While the Coast Guard does not inspect individual equipment, but it will be looked at as a part of the investigation.

Whereas summertime activities such as parasailing are fun and exciting, accidents can and do happen. It is important to review all safety instructions and wear proper gear to do your part to ensure your safety while engaging in these activities. Should you or a loved one be injured as the result of a recreational activity accident, please do not hesitate to contact The Law Offices of Bredell and Bredell immediately.

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Father and Son Killed After Jet Ski Crash

Thursday, August 13, 2009

During the summer months, the warm weather makes an afternoon on the water one of the most enjoyable activities possible. However, as more people take to the water, there is an increased possibility for accidents.

Roopnarine Gopaul, 42, and his son Christopher, 5, were both using a Jet Ski on Crooked Creek, in Livingston, New York. Although Gopaul was an experienced Jet Skiier, and always used extreme caution, he lost control and collided with a dock. He died almost immediately following the impact. Christopher was immediately rushed to Nassau University Medical Center, where he was treated for severe injuries. In spite of the medical team’s best efforts, the young boy died the next day.

Those who knew both the boy and the father speak very highly of the deceased. Gopaul, who was known as “Sully” to his friends, was a truck driver who moved to the Untied States from Guyana in 1988. Described as a hard-worker, he was also a passionate family man. He and his wife Renuca, both devout Hindu’s had two children, Christopher, and Kailia, 6. Relatives reported that he had been riding his brother-in-law’s Jet Ski for over ten years, and never had an accident before. Additionally, Gopaul used extreme caution when his son was riding. This has led the family to speculate what caused the crash in the first place. Police in the area are currently investigating the accident and its details.

Even though the summer days are winding down, and the weather is starting to cool, the need for extreme caution while on the water is still important. While the details of what caused the crashed have yet to be discovered, it nonetheless reminds everyone of the necessity of paying attention at all times while operating either a watercraft or a Jet Ski. This especially applies to Michigan residents, as there is a multitude of lakes in this region. The Law Offices of Bredell and Bredell encourages you to play safe this summer, as well as to contact us should you or a loved one be injured in a watercraft or Jet Ski accident.

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