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Friday, May 9, 2008

Former Doctor Sued for Wrongful Death in Fatal Accident

Two families of those killed and injured in an Oconomowoc, Wisconsin accident have filed a wrongful death suit against former doctor Mark Benson. Jennifer Bukosky, her daughter Courtney Bella, and her unborn child, Sophia, were killed, and 10-year-old Deborah Gibbs was injured when Benson slammed into them. Twelve-year-old Zachary Bella sustained minor injuries.

Bukosky, a high school assistant principal, was stopped at a stoplight when Benson's Cadillac Escalade rammed into the back of the car. Bukosky was killed instantly. Courtney Bella was taken off life support the next day. Deborah Gibbs spent a week in the hospital before being released. Benson was allegedly intoxicated on prescription medication when he hit Bukosky's vehicle.

Benson was charged with three counts of homicide by the intoxicated use of a vehicle, and two counts of causing injury by operating while intoxicated and operating after revocation. Benson had received his third OWI and was driving two days after his license was revoked. He was held on one million dollars cash bail. There will be a hearing on freezing his assets today.

If you have been injured or suffered the loss of a loved one in an auto accident due to another party's negligence, you may be able to file a claim. Please contact the Accident Lawyers Network to find an experienced injury lawyer in your area.

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posted by Neil at 7:34 AM

Wednesday, April 23, 2008

Wrongful Death Claim Filed by O.C. Inmate’s Father

Jose De Jesus Gomez, the father of an Orange County jail inmate, has filed a wrongful death claim after his son was allegedly "catastrophically injured" by sheriff's deputies. Jason Jesus Gomez, 35, was being held for 90 days for a parole violation stemming from pointing a gun at his neighbor.

On April 1, Gomez allegedly grabbed the arm of a nurse as she was passing medicine through his cell. The original story stated that Gomez was shocked by deputies who stunned him with a Taser, which caused him to go into a coma. Gomez lived for one week on life support before dying. A subsequent autopsy, whose contents were recently released, has revealed that Gomez suffered serious head wounds, and had bruises on his hands and arms indicating to Gomez's father's attorney that he was stomped on and beaten to death.

In the aftermath of Gomez's death, acting Sheriff Jack Anderson put several employees on administrative leave, and asked district attorneys to conduct a criminal investigation, but challenges that the autopsy's results point to any wrongdoing. Prior to Gomez's death, a special grand jury had sent Anderson a letter castigating the department in the wake of another inmate's death in 2006.

If you have lost a loved one due to the negligence of another, please contact the Accident Lawyers Network to find an experienced injury lawyer in your area.

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posted by Neil at 1:35 PM

Monday, April 7, 2008

Make My Day Law Leads to Wrongful Death Suit

In Colorado, the Make My Day law asserts that people may use deadly force against intruders to defend themselves, their families, and their homes. However, a judge in the 4th Judicial District recently allowed that a jury should hear one of these cases, which resulted in the death of a 19-year-old, to decide if the shooting was self-defense, or "willful and deliberate."

In 2004, Gary Lee Hill was involved with an altercation with Amanda Padilla who was mad that her purse went missing at a party held at Hill's house. Padilla punched Hill and Hill retrieved a rifle, chasing Padilla and a friend out. Padilla and her friend returned with their boyfriends, broke into Hill's house, and began to beat Hill as he slept in his basement room. The four left, but not before threatening to return to Hill's residence.

Hill grabbed his rifle again, went to the front porch and "fired a warning shot to scare them away." That shot hit John David Knott, who was driving, in the back, which caused him to crash the car.

A jury found Hill not guilty of all charges in 2005, relying on the Make My Day law. However, Knott's mother then filed a civil suit. Hill's attorney states that Hill cannot be charged due to immunity under the Colorado law, and that people who are injured while engaging in a felony are not entitled to damages. While Hill and his attorney were able to convince a jury that he was acting in self-defense, a civil jury won't hear this.

Knott's lawsuit does not specify damages.

If you have lost a loved one due to another party's willful and deliberate actions, please contact an experienced injury lawyer in your area.

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posted by Neil at 9:42 AM

Wednesday, April 2, 2008

75 Car Pileup Kills One on I-70

An accident on Vail Pass near Vail, Colorado on Monday, killed one person and injured 22. As many as 75 cars were involved in the accident, the result of near whiteout conditions and probable speeding.

39-year-old Lance Melting had just left his home in Longmont hours earlier with his wife and four children. They were on their way to Disneyland when a tractor-trailer jackknifed and slid down the highway sideways. Melting's minivan hit the trailer, killing him instantly. His wife is in serious condition, and one of the children had minor injuries.

Chain Law Effective?

Colorado's chain law was in effect for Vail Pass when the accident occurred. However, one truck driver said that the chain law was in effect for only the eastbound lanes. He also said that the area, known as "the Narrows" is "notoriously bad" but that only one plow was visible, adding that he has never seen as poor quality of snow removal as it has been the last three years on the pass.

If you, or a loved one, have been injured in an auto accident, truck accident, or believe a loved one's death was the result of negligence, please contact the Accident Lawyers Network to find an experienced injury lawyer in your area.

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posted by Neil at 12:30 PM

Monday, March 31, 2008

Ex-MLB Player Sued for Wrongful Death

Former major league baseball player, Jim Leyritz, has been sued for wrongful death. This stems from an accident in December that left a 30-year-old woman dead, and Leyritz charged with DUI manslaughter and DUI property damage. Leyritz allegedly ran a red light and plowed his Ford Expedition into a Mitsubishi Montero, driven by Fredia Ann Veitch. Veitch was ejected and died at Broward General Medical Center. She was leaving her job as a bartender to return to her family. Leyritz bonded out of jail after being held for nine hours and has pleaded not guilty to all charges, but had a BAC of .14 above the legal limit of .08. He has also admitted that he was driving the car.

The suit, filed by the family of Veitch, seeks at least $15,000 in damages. The Veitch family attorney, Howard L. Pomerantz, stated, "Leyritz is personally guilty of intentional misconduct and/or gross negligence." Veitch was allegedly driving over the limit as well, but Pomerantz said her condition will have "no bearing" in the wrongful death suit.

If you have been injured, or lost a loved one, due to the negligence of someone driving under the influence, please contact an experienced injury lawyer in your area.

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posted by Neil at 12:16 PM

Friday, March 14, 2008

Sheriff’s Deputy Killed in Collision with Truck

An undercover sheriff's deputy was killed when his SUV was hit by a box truck in Houston. Authorities say Deputy Craig Miller was killed instantly when the truck failed to yield to oncoming traffic.

The truck, driven by Jose Vieyra, allegedly crossed three lanes of traffic after leaving a car dealership when it his Miller's SUV. Vieyra was charged with criminally negligent homicide, but the prosecutor on the case may reconsider the charges. Vieyra is an illegal immigrant who was working on an expired work visa at the time of the accident.

Miller's family may not receive all the benefits they would otherwise have because Miller's toxicology report states his blood alcohol content was .27, more than twice the legal limit. Though Miller's family is disputing the allegation, especially since he never had any problems on the job in his 20 years of service, the case has become more than simply a tragic accident.

However, at heart, this is still a probable case of wrongful death. Authorities state Vieyra's negligence caused Miller's death.

If you have lost a loved one due to driver negligence, please contact an experienced personal injury lawyer
in your area.

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posted by Neil at 12:02 PM

Monday, March 3, 2008

$6.5 Million Award Upheld by Appeals Court in Soldier’s Death

In 2004, 21-year-old Army Pvt. Van Ryan Marcum was half way through his 14-week basic training at Ft. Benning, Georgia. As he leaned against an abandoned latrine after a firing range exercise, he was electrocuted and died.

Investigators found there was a short in a fan's wiring, a faulty circuit breaker, and that the latrine was not sufficiently grounded. The private contractor, The Shaw Group, based out of Baton Rouge, was in charge of maintenance and repair on Ft. Benning, including the latrine.

Marcum's family filed a wrongful death suit against The Shaw Group, and a jury awarded them $6.5 million for mental anguish, pain and suffering, and loss of life. The Shaw Group countered, claiming it was not responsible because the Army gave them an extension on the demolition of the latrine. They also claim that the judge in the case made a mistake in giving the rules to the jury.

The 8th U.S. Circuit Court of Appeals in St. Louis disagreed with The Shaw Group, and upheld the jury's earlier ruling. The Court of Appeals states they support the jury's verdict "that an appreciable risk from harm was foreseeable, including electrocution."

We all know that there are risks involved during the basic training phase of those who join the military. However, family members also expect some degree of care to be taken, as well as given, to the soldiers who volunteer. What is not expected is that soldiers, like Pvt. Marcum, will be electrocuted on the firing range. If negligence is found, then the families have a right to seek compensation.

If you, or a loved one, feel that you are entitled to compensation resulting from a wrongful death, please contact the Accident Lawyers Network to find an experienced injury lawyer in your area.

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posted by Neil at 9:43 AM

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