Vermont Personal Injury Lawyer - Wrongful Death

Airplane Crashes - All Twenty On Board Killed

Courtney Mills — Fri, 10 Aug 2007 15:41:14 GMT

A small twin engine turboprop crashed into the sea right after takeoff Thursday from the French Polynesian island of Moorea, killing all twenty passengers aboard. According to the High Commission for the territory, it was the worst aviation accident in French Polynesia's recorded history.

The plane was departing for Tahiti, approximately ten miles from the island of Moorea, when it crashed into the lagoon that abutted the airport directly after takeoff. The exact cause of the crash was indeterminate as yet.

Rescuers attempted for several hours after the accident to retrieve passengers from the lagoon, but upon nightfall rescue efforts were discontinued until Friday morning. When the turboprop crashed, it sunk instantly several thousand feet to the bottom of the lagoon. Assistance was afforded by French navy and surrounding fishermen from the lagoon who had witnessed the airplane crash.

The passenger manifest contained several French Polynesians, 2 Australian tourists, and two officials from the European Union. Many fishermen witnessed the accident and were quite shaken by the catastrophe and subsequent loss of life.

For more information on this subject matter, please refer to our section on Airline, Cruise, Bus, and Other Mass Transit.

Originally posted at InjuryBoard by Courtney Mills

Wrongful Death Lawsuit Filed Against Bar & Driver

Christina Cole — Fri, 09 Mar 2007 01:54:20 GMT

A man that was convicted of drunk driving in a fatal car crash is now facing a wrongful death lawsuit. The bar he was drinking at prior to the crash is also facing many lawsuits.

In August, he was sentenced to 5 to 7 years in prison by a Bennington District Court Judge. He pled guilty in May to driving while intoxicated on the night his car crashed into a bakery. His passenger driving along side him, died at the scene.

Jocar Inc, the owner of JC's Tavern, where he had been drinking before the crash occurred is also named in many of the civil suits that have been filed by the family.

The man is being sued for two counts of wrongful death and two counts of negligence. The bar is facing three counts of negligence and three counts of violating liquor laws.

The complaints don't specify damages being sought, but they do ask for compensation to the family for the loss of their loved one's life.

In the suit, the family claims that "Whitman purchased numerous alcoholic beverages from JOCAR, by or through its agents, servants and/or employees, and consumed those alcoholic beverages at JC's Tavern." The suit alleges that the bar "continued to serve alcoholic beverages to Whitman after he had become visibly intoxicated and/or after it was reasonable to expect him to be intoxicated as a result of the alcoholic beverages which it had already served to him."
According to the complaint, JC's Tavern was cited to appear before the Vermont Liquor Control Board for selling alcoholic beverages to a patron displaying signs of intoxication and for furnishing alcohol to a patron for no charge. The bar lost its licenses to sell alcohol for 60 days, from Jan. 1 to March 2 of this year.
In his answer to the suits filed, Whitman, acting without legal representation, denied that the plaintiffs were entitled to any relief. In his filed response, Whitman denies he negligently operated a vehicle while intoxicated. He admits that the accident occurred, but denies that he caused the accident. Whitman also admits he purchased beverages at the bar during the evening of Nov. 12 and early morning of Nov. 13, but objects to the term "numerous" beverages.

Originally posted at InjuryBoard by Christina Cole

Fired Johnson & Johnson Exec. Files Lawsuit

Christina Cole — Sun, 31 Dec 2006 19:43:02 GMT

Dr. Joel S. Lippman, former vice president at Johnson & Johnson is claiming in a lawsuit that he was fired for seeking recalls for several faulty products, including the Ortho Evra birth control patch - the subject of currently 1,000 product liability lawsuits.

In a civil complaint filed by Lippman he alleges that he was unlawfully terminated after working with Johnson & Johnson for over 15 years because he kept complaining repeatedly about product safety problems and urging several be recalled or not launched at all.

The suit alleges Lippman began having problems with his employer when he complained about less than favorable safety data on a hormonal menopausal product, Ortho Prefest and about serious health concerns over the Ortho Evra patch known to release dangerous levels of estrogen in patients. In September, the Food and Drug Administration began requiring J&J to add a warning to the Ortho Evra package insert stating risks of dangerous blood clots in legs and lungs might be higher for women on the patch.

In a statement made by J&J they said "Lippman was fired as a result of inappropriate conduct and mismanagement of responsibilities unrelated to allegations in the lawsuit." The statement also said J&J will vigorously defend against the claims because the allegations are untrue. Our company remains committed to supplying quality products that yield positive patient outcomes.

As of October 1, J&J has reported approximately 1,000 claimants have filed suits or made claims alleging Ortho Evra caused injuries. Some women using Ortho Evra as birth control have died of blood clots. Medical product liability attorneys are using the internet to reach new claimants and expect more to come forward.

Attorney Ellen Relkin, who is on committees of plaintiffs lawyers overseeing both federal Ortho Evra lawsuits and those filed in New Jersey, said news of Lippman's lawsuit will have some impact on the number of product liability suits, particularly among women who believe Ortho Evra injured them but hadn't yet sued.
"We have millions of documents that the lawyers are reviewing that we've received from Johnson & Johnson (in Ortho Evra lawsuits) and we'll take a closer look at anything involving him," Relkin said.

Originally posted at InjuryBoard by Christina Cole

Family Files Wrongful-Death Suit

Christina Cole — Thu, 21 Dec 2006 00:58:02 GMT

The family of man that died last year after the guards found him unconscious in an Allen County Lockup cell filed a wrongful death lawsuit in U.S. District Court on Wednesday.

Brandon Wade, 41, died at Luther Hospital June 14, 2005. The guards found him unconscious on June 13 and called an ambulance but the lawsuit alleges an ambulance should have been called sooner. The Allen County coroner ruled Wade's death as natural, from a stroke, after which he fell and hit his head on the floor. The lawsuit states that Wade may have been beaten.

It names the city, Allen County Sheriff James Herman, Allen County Jail Commander Kathryn Stevens, Fort Wayne Police Chief Rusty York, as well as several Fort Wayne police officers and Allen County sheriff's deputies as the defendants. It does not specify how much the family seeks in damages.
Herman, whose department runs the jail, said he could not comment on the suit because he had not seen it. Fort Wayne Police spokesman Michael Joyner said he could not comment on a pending lawsuit.
The suit alleges Wade suffered blunt force trauma to the head from members of both police departments. They then ignored his requests for medical assistance until they found him unconscious. He had been arrested on June 10 by Fort Wayne Police for maintaining a common nuisance at a house in the 4000 block of Oliver Street. He also had a charge, which amounted to a $61 fine, in Tennessee, Wade's lawyers said Wednesday.

Originally posted at InjuryBoard by Christina Cole