Akron Personal Injury Lawyer - Wrongful Death

Wife Awarded $3 Million for Wrongful Death of Husband

Jenny Albano — Fri, 18 Jan 2008 17:03:41 GMT

This week, a Portage County jury awarded a mourning wife $3 million for her husband's wrongful death. Wanda Hizer received $2 million in compensatory damages and $1 million in punitive damages after her husband, James Hizer, died at a Streetsboro steel-cutting company.

Hizer died while working the midnight shift alone in March 2005. He became trapped in one of the machines and suffocated. Hizer had recently been laid off from his previous job as a computer technician, but because he was 58 had a difficult time finding a new job. He took the job with Artisan Industries Inc. as a last resort to pay the bills.

While working the night shift Hizer was operating a laser cutting machine. When a sheet of steel becomes shifted in the machine a worker has to go inside the machine and straighten it.

It was while performing this task that Hizer became trapped, his chest pinned against a part of the machine. He died of compressional asphyxiation and was found that morning by co-workers; the crooked sheet of steel was still inside the machine. An attorney for Artisan's, Steve Chuparkoff, said the company has not decided whether to appeal the verdict.

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

Originally posted at InjuryBoard by Jenny Albano

Quong Hop & Co. Tofu Recall Expanded - Listeria Discovery

Courtney Mills — Wed, 03 Oct 2007 17:03:55 GMT

Quong Hop & Co. of San Francisco, California is expanding its recall of tofu products due to the discovery of contamination with Listeria monocytogenes. The recall has been expanded due to discovery of Listeria bacteria during sampling in three of the company's twenty-nine tofu product lines.

While Listeria may present only minor discomfort to healthy adults, children, the elderly, and immunosuppressed individuals can suffer severe and even fatal infections in some cases. Symptoms typical of a Listeria infection include fever, muscle pains, stiffness, and diarrhea.

Listeria can also cause serious problems such as stillbirths and miscarriages in pregnant women. According to the FDA, there have been no reports of any illness from Quong Hop & Co. tofu product.

For a list of the expanded recall, please see the FDA recall page.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

Worker Killed in Casting Machine Accident

Jenny Albano — Tue, 21 Aug 2007 01:51:26 GMT

Matthew Salisbury, an employee of Brush Wellman Engineered Products, was crushed to death Sunday night in a casting machine. According to another employee, the machine broke down and Salisbury entered it to try and fix the problem. While he was trying to unclog the machine he became pinned and was crushed to death; another employee turned off the air compressor that powered the machinery, but it was too late. Salisbury was pronounced dead at the scene following the accident.

According to the medical examiner, he died of acute trauma and the injuries were "obvious and fatal".

According to Brush Wellman spokesman Patrick Carpenter, there have been no prior deaths since the factory at 7375 Industrial Parkway opened a decade ago. The factory produces specialty alloys used by other companies to make bearings and other components for commercial aircraft and parts used in oil rigs and underwater oil production.

The U.S. Occupational Safety and Health Administration's Toledo office said it will be investigating the accident.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Jenny Albano

U.S. Supreme Court Refuses to Hear Toxic Exposure Death Case

Jack Landskroner — Wed, 06 Jun 2007 09:30:50 GMT

The widow of a leukemia victim failed to persuade the Supreme Court Monday to consider allowing her to sue oil companies over her husband's exposure to a toxic chemical which eventually resulted in his death.

The decision not to accept this case will have severe repercussions to workers across the state of Alabama where the original claim was brought. In essence, the Supreme Court has slammed the doors of the courthouse shut for those workers in the state who are knowingly exposed to hazardous chemicals in the workplace by their employers and other third parties, but who do not develop disease until after 2 years from the time of the exposure.

Advocates for consumer rights petitioned the court on behalf of the Clines to hear the case in order to right the injustice affirmed by the Alabama Supreme Court when it failed to overturn the dismissal of Cline's claims under a restrictive Alabama statute. Cline was exposed to the chemical Benzene while at work which is recognized as a carcinogen. The Clines Attorneys, including the PUBLIC JUSTICE law firm argued that the Alabama Supreme Court violated the constitutional rights of countless toxic tort victims in Alabama when it denied them the right to sue for their injuries.

The decision dismissing Cline's case has be described as Kafkaesque, i.e. Cline was exposed to a chemical but by statute was precluded from bringing a claim until he could prove an injury. Thereafter, when he developed cancer, he was precluded from bringing a claim because he did not develop disease until two years after the exposure barring him under the state's statute of limitations.

At bottom, the decision by the US Supreme Court not to hear this case serves as a direct assault on workers of this country shielding companies from lawsuits no matter how negligently, recklessly or dishonestly they act.

Originally posted at InjuryBoard by Jack Landskroner

Another Death Caused By Drunk Driving On 71

Jack Landskroner — Thu, 29 Mar 2007 20:56:39 GMT

Another life has been taken by a drunk driver. This time the reckless actions of a driver under the influence took the life of a Cleveland area man when a collision occured earlier this week..

The woman accused of killing a Brook Park man in a head-on crash on Interstate 71 Tuesday night had an alcohol level that was more than twice the legal limit, Cleveland police Lt. Thomas Stacho said today. Roger M. Harr died in a collision with Paige Bassett, 37, of Lakewood, who was driving south in the northbound lanes. Her car and Harr's pickup truck met head-on at 11:45 p.m. on the curve near MetroHealth Medical Center.

Ms. Bassett was charged with vehicular homicide.

Originally posted at InjuryBoard by Jack Landskroner

Wrongful Death Lawsuit Settled with Foster Agency

Christina Cole — Wed, 28 Feb 2007 01:49:39 GMT

A wrongful death lawsuit has been settled between a woman and foster care agency that had placed her son with a couple that is now convicted of murder, for their part in the 3-year-old boy's death.

The woman has waived her rights to any payments in the $206,000 settlement that will be split between the brother and sister according to an agreement that was approved on Tuesday by a Butler County Probate Judge.

The three children were taken from the home in April after neglect allegations. The 3-year-old was placed with David and Liz Carroll through Lifeway for Youth, a private foster care agency.

In August, when the foster parents went to a family reunion in Kentucky, the developmentally disabled boy was bound in a closet for two days. Upon the Carroll's returning home the little boy had died.

David was sentenced to 15 years to life in prison on his guilty plea with an additional year in prison for his guilty plea to gross abuse of a corpse. His wife, denied any role in the death but was convicted of murder and six other charges and sentenced to 54 years to life in prison.

Trevino filed a $5 million lawsuit last year against Lifeway for Youth and several Butler County agencies, which were dismissed from the case. The lawsuit claimed the defendants were negligent in failing to adequately supervise the placement and treatment of the boy.
The lawsuit settlement with Lifeway establishes a trust to administer payments, with court approval, to Trevino's other children, Peaches, 2, and Michael, 12.

Only a parent can receive payments in a wrongful death lawsuit, unless the parent waives the rights, such as in this case.

Originally posted at InjuryBoard by Christina Cole