New York Transportation Worker Awarded $13M in Damages After Fall

Friday, July 31, 2009

A New York jury recently awarded $13 million in damages to a transit worker who fell while working on a platform to repair an elevated track. George Nunez, fell over thirty feet after he was assigned to repair the track at a Brooklyn station.  When Nunez fell off the platform, he sustained injuries to his back, brain, face, and hands. For this, he underwent multiple surgeries. The accident occurred because bolts that were meant to hold the platform in place had been cut. None of the workers, nor the supervisors knew that this had been done, and therefore would have had no clue that the platform was unsafe.

The defense attempted to argue several points. Firstly, the city of New York argued that the evidence of brain trauma could be attributed to a history of drug and alcohol abuse. While the plaintiff did attend rehab, it was years prior to the accident. Additionally, no traces of drugs or alcohol were found in Nunez’ system when he received medical attention for his injuries, nor on any of the drug tests administered by the city. The city also argued that he should have used a safety line, and that he should have known that the bolts on the platform had been cut. Unfortunately, Nunez was never informed of either piece of information. Lastly, in regard to his medical issues, the defense tried to argue that he had not suffered sufficient brain damage to cause permanent damage. This argument was largely discredited at the trial when Nunez took the stand. It was clear and apparent that he had cognitive difficulties. His demeanor, coupled with the manner by which he answered questions showed a delay in thought process–therefore, it was harder for him to formulate a thought, because of the injuries he sustained.

Prior to the accident, Nunez was a dedicated and hard-working individual. For the last six years, he has put in over twenty-five hours of overtime. When a verdict was reached, George Nunez was awarded almost $11 million in both lost earnings, as well as past and future pain and suffering. In addition, $1.5 million was awarded to Nunez’ wife for loss of consortium.

The Law Offices of Bredell and Bredell have successfully represented people who have been injured on construction sites.  We encourage all who work on construction sites to use the utmost care and caution when doing so. Injuries on the job can and do happen, and it is important to take all of the necessary precautions to prevent these accidents. Should you or a loved one be involved in a construction site accident, please do not hesistate to contact us.

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Driver Who Caused 1-75 Crash Denies Fault

In recent weeks, Saied Haidarian Shahri, 27, of Detroit was involved in a now, infamous accident where he lost control of his 2004 Honda Civic and slid into a tanker carrying more than 13,000 gallons is diesel fuel and gasoline. He is to appear in court on August 25th, 2009 before 43rd District Court Judge Keith P. Hunt, regarding the speeding ticket he was issued at the scene of the accident that destroyed the bridge over the freeway at Nine Mile in Detroit. The accident has caused approximately two million dollars in damage, however the ticket Shahri is contesting calls for a $150 fine and two points on his driver’s record.

His attorney, Angela Peterson, reports that her client recognizes that he was involved in setting off the chain of events that resulted in the bridge’s destruction, however he doesn’t believe that he was at fault. However, he is expecting the worst possible outcome. According to counsel, Shahri attempted to regain control of his vehicle, but was unable to do so. As a result, he began sliding across the freeway, colliding with a fully loaded tanker. Additionally, the defense maintains that it impossible to determine what caused the jerk–could have been a pothole, or an impact behind the car. Unfortunately, the Honda Civic was burned so badly that it is impossible to know. Shahri maintains that he has been driving for nine years, and has an excellent driving record prior to the incident. He also apologizes for the inconveniences and trouble that have occurred because of the accident.

As this story continues, the debate will as well. What consequences are fair for the driver?  At the Law Offices of Bredell and Bredell, we are highly interested in this case, and will continue to update ardent blog readers on the situation. Should you, or a loved one be involved in a car accident, and are looking for help, please do not hesitate to contact us.

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Tenants Should Know The Duties Landlords Owe

When one rents a premises,  the landlord has a statutory duty to maintain the premises, ensuring that it is in suitable living condition. If the landlord fails to meet its duties,  it can be potentially liable for damages, should  residents injure themselves as a result of  poor maintenance or dangerous conditions.   The duty to provide  reasonably safe accommodations extends to college students who live  in dormitories.

Such an example is seen in the case  of a  nineteen-year old college freshman at a private college. While a student there, she fell from her lofted dorm room bed. Over 90% of the students have their beds lofted, as furnished by the residential dorms. There had been a history in the dorms of students sustaining injuries due to the lack of safety rails. Despite this, the college had yet to adopt and/or enforce adequate policy to prevent accidents from happening. On move-in day, the young woman and her family requested a safety-rail from Residential Services, but none was provided. In fact, when they asked a Residential Adviser what options they had as far as safety rails, they were told that they were prohibited according to “fire code.” Neither the young college student, nor her family knew that in fact, no such “fire code” exists.

The  bed was raised approximately six feet off the ground. When she fell, she landed on her skull with enough force to fracture it,  suffering severe brain trauma .  Although this young college student nearly died, with much therapy and dedication, she made a dramatic recovery from her injuries. She was able to resume taking college courses and look for a summer job.

Michigan law  imposes  statutory duties upon the landlords to keep the premises suitable for the intended use.   These duties were not met for  the unfortunate college student who fell from her loft. 

At the Law Offices of Bredell and Bredell, we express our sympathy for this college student and her family, and others who are injured as a result of  landlord failures to  legal responsibilities.   It is important that landlords remember that they have a duty to  maintain the premises, ensuring  safety for tenants.  Such a sad incident also reminds tenants that they need to know and understand the legal obligations  and responsibilities of  their landlords.  Tenants should promptly  bring to their landlords’ attention any condition that seems poorly maintained,  unsafe or potentially dangerous.   Take the proper steps necessary to protect yourself, and avoid such incidents. Should you, or a loved one be injured as a result of unsafe premises, please contact us immediately.

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Pedestrian-Automobile Accident Reminds Us to Pay Attention and Drive Carefully

While driving, it is imperative that one pays the utmost attention to the road and their surroundings. Furthermore, it is also important that drivers respect speed limit laws that are set for the protection of both operators and pedestrians.

In an unfortunate automobile negligence case, an employee of the city of Detroit was speeding down the road  in a vehicle that was owned by the municipality. Because the driver was not obeying traffic laws, nor paying attention, he struck  a minor, as he crossed the street in an unmarked crosswalk.   The city employee had a driving record  of seven prior accidents. 

Unfortunately, the young man will suffer for the rest of his life.   As a result of the accident, he entered a coma and sustained  significant brain trauma, with four distinct areas of brain hemorrhage. Additionally, Dallas sustained a fracture of the right leg tibia and fibula. Three months in the hospital, and eighteen surgeries later,  he will be left with permanent brain damage, forever changing what was once a promising future.

At the Law Offices of Bredell and Bredell, we sympathize with injured people and their families. It is tragically preventable accidents such as these that remind us of the precautions we all must take when  driving, and walking by busy streets. Speed limits are in place for a reason–if the city employee had driven at a slower speed, then prehaps this accident could have been entirely avoided. Should you or a loved one be affected by a pedestrian-automobile accident, please contact us immediately. Our years of experience give us the tools to fight for the justice you deserve.

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In Michigan, Flawed Evidence Grants Convicted Murderer a Retrial

Convicted murderer Orande Kenyatte Thompson has been granted another chance by the Wayne County Prosecutor Kym Worthy. New evidence has emerged, that leads Peter Van Hoek and the rest of the State Appellate Defenders Office believing that errors in the Detroit Crime-Lab negatively affected the outcome of this case. Apparently, the Prosecutor’s Office agreed.

Thompson was found guilty of first-degree, premeditated murder after he shot his then, live-in girlfriend Kiara Barton on August 27th, 2005. He outright admitted that he shot Barton, but maintained throughout the trial that it was a complete accident. It was testified at the trial that Thompson found the gun in his home two years earlier. He attempted to fire it in celebration of the Detroit Pistons championship, but reported that it failed to fire. Therefore, the gun was placed in a box in the attic, and remained there until the night of Barton’s shooting. According to Van Hoek, “He took out the gun and pointed it at her, but said he was playing… When he fired it, he had said he was surprised it went off.”

At Thompson’s trial, a Detroit Police Department crime lab evidence technician testified against him. It was maintained that the gun was fired twice, confirming that the bullet that killed Barton came from Thompson’s gun. However, this piece of information is not really necessary as Thompson admitted all along that he the shot came from his firearm–he said from the beginning that the entire incident was an accident.

A long-winded trial left Thompson convicted of possession of a short-barreled rifle and felony firearm, as well as first-degree murder. However, this case was reopened when a Michigan State Police audit reported a ten percent error rate in firearms evidence at the Detroit crime lab. Immediately following, the lab was closed. All firearms evidence from the previous five years would be audited to determine if flawed pieces of evidence were used in any of the cases, and the Michigan State Police were to retest any and all evidence.

The retest of Thompson’s firearm critically discredited the technician’s original findings and testimony. According to Van Hoek, the report came back noting that “the bullet was too damaged to make any kind of comparison. that didn’t matter, except it cast doubt on the Detroit technician’s testimony… But more importantly, the gun works, but will not fire in double action. It just won’t fire. That’s certainly significant, as my client has said all along that the gun didn’t work properly.” The Wayne County Circuit Court Judge Vonda R. Evans, the original judge in the case, agreed to preside over a new trial.

The State Appellate Defenders Office estimates that the potential number of cases affected by faulty evidence could be in the thousands. For mistakes to be caught and fixed, it is imperative that counsel examines all evidence in the fight for a client’s justice. At the Law Offices of Bredell and Bredell, our commitment is entirely to our clients. We encourage you to contact us immediately should you or a loved one be affected by any accident or injury.

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Removal of Acne Drug has Potential to Lead to More Settlements

Thursday, July 30, 2009

Roche Holding, a Switzerland based company that produces the acne drug, Acutane has decided to withdraw their product from the US market. The drug was first introduced in 1982, and has been used by approximately 13 million people. This decision was made following 700 personal injury suits brought against the company from plaintiffs who developed inflammatory bowel disease as a result of taking the medicine. Because the Acutane manufacturer is located in New Jersey, most of the suits have been handled by that state’s court system.

Withdrawing the drug from the market is a strategy employed by Roche Holding. According to Elizabeth Chamblee Burch, assistant professor at Florida State University Law School, doing so “enables Roche to gain finality from any ultimate settlement after the statue of limitations has run… ultimately it makes the cases easier to settle.” In late June, Roche informed the Food and Drug Administration that they were planning on immediately discontinuing the Acutane medicine in the United States. This is the eleventh country to have  withdrawn Acutane.

Six personal injury trials have occurred thus far, and Roche has lost each of them. Damages from these suits total over $33 million. Most recently, three Florida residents were awarded $12.9 million in damages by a New Jersey court. The counsel for the plaintiffs maintain confidence that they do not need the drug to be pulled in order to win cases, but are  certainly not against the withdrawal. Each of the suits accuse Roche of not properly warning both doctors and patients of the dangers associated with Acutane use. These risks, as reported, include the development of chronic bowel diseases, such as ulcerative colitis and Crohn’s disease. In addition, the acne medicine has been linked to birth defects and depression. The plaintiff’s counsel maintain that the company has known of the risks of inflammatory bowel disease since 1994, but failed to report it to the Food and Drug Administration, or even change the labeling. Even though each jury has found Roche negligent, the company has shown little willingness to compromise.

Negligence on behalf of drug companies can and does happen. It is important that if you or a loved one experience medical problems, and you believe it is because of medication you are taking, please contact your doctor immediately. The Law Offices of Bredell and Bredell encourages the public to take an active interest in their prescribed medicine, so prior to taking the drug any side-effects can be acknowledged. Should you have any questions regarding your rights as it pertains to prescription drugs and medicine, please contact us for help.

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Drunk Driver Hits Couple In His Employer’s Vehicle

Driving drunk is dangerous, destructive, and often ends in fatality. Such a situation is complicated enough when the intoxicated driver is operating a vehicle that  he or she owns.  However, the situation enlarges when the car is  owned by a company or another person.   In Michigan, owners of  vehicles are liable for the negligent acts of the person driving their vehicle.

In a  St. Clair County action, a drunk driver crossed over the center line and smashed into the vehicle of a pastor and his wife. When the police arrived on the scene, the driver’s blood-alcohol level measured 0.13.  The intoxicated driver was operating an automobile owned by his employer. The  intoxicated driver’s blood-alcohol level was well above  the legal limit.   This drunk driver caused serious injuries to the pastor and his wife.

Operating a motor vehicle while intoxicated is hazardous and can have devastating results. Each incident is  tragic and, it certainly highlights the importance of assigning designated drivers or refraining from driving after drinking.  The Arrive Alive program founded through The Law Offices of Bredell and Bredell is committed to the fight against drunk driving. In addition, The Bredell and Bredell Law Firm has years of experience fighting for injured persons. If you or a loved one has been involved in any sort of accident, please contact us immediately.

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Summertime Fun Has Potential For Injury Claims

Summertime brings warm weather, barbecues, and beaches. It is during these months that people are the most active, and unfortunately, have the largest opportunity to hurt themselves.

The story is quite common: what was originally intended to be an enjoyable recreational activity, turns into bruises, cuts, and fractures. Many of these standard injury-causing pursuits lead to damage claims, with a possibility of litigation. This could potentially involves claims with an  insurance company.

Often times, these injuries provide grounds for filing an ordinary negligence claim or premises liability  claim against the owner or possessor of the location of the injury.  And almost always, damages are covered by either  insurance under a commercial general liability policy, or under a homeowner’s policy.  These policies  cover claims for injury  for which the business or homeowner,  could potentially be liable due to negligence or carelessness.   

Sometimes summertime  injuries can arise during sporting events because of the careless or reckless behavior of a participant.   An example would be someone who, during a game of touch football,   injured another because of reckless or negligent acts.   In these claims, homeowner’s insurance policies  may become a factor. Homeowners insurance policies  cover claims for  personal injury or damage caused to someone else, as a result of negligent acts occuring  on their premises. In addition to that, many policies have personal liability coverage to a business  for  negligent conduct,  even if it is off the premises owned by the business.

If a claim is to be filed, many questions must first be asked.   Is there negligent or reckless conduct?  Is coverage provided for the injuries? Are there any dispositive defenses to these claims? Which are viable, and which will be covered? The list is long, and very fact specific.   However, it is important to accurately  analyze the facts, in the context of the law,  because the  appropriateness of pursuing a claim, and the success of pursuing a claim, depends on it.

An active lifestyle during the summer does create potential to result in injury.  At Bredell and Bredell, if you sustain an injury, we  know the questions  to ask, and the law.  We will  preserve your rights and  ensure that your claim is handled quickly and efficiently.   The Law Offices of Bredell and Bredell have years of experience that allow them to be an excellent advisors on these issues. If you or a loved one have questions concerning an injury and it’s consequences, please don’t hesitate to contact us.

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Michigan Court of Appeals Defines “Allowable Expenses”

Tuesday, July 28, 2009

Michigan resident Neil Begin was the driver of a  Ford van.  A motor vehicle accident left him permanently injured as a quadriplegic. Following his accident, as a direct result of his accident related injuries, he was no longer able to utilize his vehicle in the same way.  He required a  modified van due to his medical situation.   A decision by the Michigan Court of Appeals has deemed the expense to be the responsibility of his no-fault insurance company.  Reinforcing the decision, is the lack of objection by the Michigan Supreme Court.

 In the case of Begin v. Michigan Bell Telephone Company the Michigan Court of Appeals sided with Begin. The Court rejected the defendant’s claim that  Begin’s use of his van prior to his injuries relieved it of  responsibility to pay the claim.

This decision  is fully in accordance with The Michigan No-Fault Act, MCL 500.3107 which sets forth what is considered an “allowable expense” when pertaining to claims for accident related no-fault benefits.  According to the law and the Begin ruling, “all reasonable charges incurred for reasonably necessary products, services, and accommodations for an injured person’s care, recovery, or rehabilitation” are the responsibility of the insurance company.    The cost of the modified van for Neil Begin was, therefore,  an allowable expense.

Attorneys for No-fault plaintiffs  largely support of the ruling. It is their belief that this has put to rest one contested debate over one of the benefits  for which insurance companies are  responsible pursuant to the Michigan No-Fault Act.   Furthermore, they believe that avoiding paying  such personal protection insurance (PIP) benefits is legally unsupported and irresponsible.

This  case is an example of issues that have the ability to affect people injured  in motor vehicle accidents.   At the Law Offices of Bredell and Bredell, we always fight with passion, dedication, and dignity to insure that our clients are taken care of by their insurance companies to the furthest extent possible. Should you or a loved one be involved in a car accident, and/or have questions about your potential benefits, please don’t hesitate to contact us.

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Bicycle Accidents on the Rise

The hot summer weather encourages people of all ages to get outside and be active. Because of this, summer months usually mean a heavier flow of bicycle traffic on the roads. Unfortunately, in a northern Ohio community, this has also led to the increase of bicycle-automobile related accidents.

Published reports from Missillon have reported that there have already been seven bicycle-automobile accidents so far this summer season. This number is feared to rise, if residents do not pay attention to their surroundings and wear proper protective gear, especially helmets. While no one was seriously injured in any of these accidents, majority of the cases involved children.

Emily Lehman and her family have been in the Massillon bicycle sales, repair, and rental business for over thirty years. During this time they have people come in and out of their store, unaware of the dangers of careless cycling. Lehman reminds us that even though it is safer to ride on trails, there are several factors that prompt people to still cycle in the road. Increases in environmental awareness and health concerns, as well as the dwindling economy have provided incentive to choose two-wheeled transportation as opposed to an automobile. And ultimately, the more cyclists on the roads will result in an increase in accidents. Most importantly, Lehman emphasizes the  necessity of wearing proper safety gear while riding. “Have a mirror, wear a helmet in case you do get into an accident. You’re protected, and share the roads,” she says.

As the summer months continue, it is important that all those choosing to ride a bicycle in heavy traffic areas take the proper precautions. Paying attention to one’s surroundings, sharing and respecting the road, as well as wearing the proper protective gear can prevent accidents such as these from happening.   At the Law Offices of Bredell and Bredell, we have years of experience handling accidents such as these. If you or a loved one has been involved in a bicycle accident, please do not hesitate to contact us immediately.

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