Articles Tagged with Montgomery injury lawyer

Even after their defective airbags resulted in a series of recalls and several deaths, officials at Japanese manufacturer Takata reportedly falsified testing information to representatives at Honda, the company’s largest buyer. honda1

That’s according to internal documents obtained recently by  The New York Times, via the Senate Committee on Commerce, Science and Transportation. Legislators say this points to a pattern of lies by the company – even well after the seriousness of the airbag defect issue was widely known.

Testing at issue involved a newer component design. Although it did not go into production, as it was considered experimental, engineers at the North American branch of the firm said they were under intense pressure from headquarters to move forward with this new design, even as they staunchly believed it was most likely to fail.  Continue reading

A jury in Mobile recently assigned guilt to a man behind the wheel of a pickup truck involved in a fatal crash in 2014. The collision killed a 24-year-old Mississippi woman. Defendant, 23, reportedly looked down at his phone for just a few seconds before looking back up to realize the vehicle in front of him had stopped. He swerved to avoid a rear-end collision, but ended up striking another pickup head-on, causing the second truck to roll and ejecting its driver.driver

Prosecutors say he was “fixated” on his smartphone at the time of the wreck. AL.com reports that in the 1 hour 25 minutes before the crash – the whole time of which he was driving – defendant reportedly checked instant messages, looked at dating site profiles, accessed Facebook and Twitter and updated his own dating site profile. The last time he accessed his phone, records show, was 32 seconds before the 911 call about the wreck.

This kind of situation is not uncommon. The U.S. Centers for Disease Control and Prevention (CDC) reports every single day in this country, 9 people die and another 1,153 are seriously injured in distracted driving crashes. And yet, last year when the Alabama legislature had the chance to expand its anti-texting law to encompass other forms of driving distraction, it declined to do so. The bill would have banned not just texting, but personal grooming, reading, writing, interacting with pets or engaging in any action that prevents a driver from devoting necessary attention to driving.

But, there is some good news, auto manufacturers are taking action. In a study conducted by the Insurance Institute for Highway Safety (IIHS), vehicles equipped with front-end crash prevention are far less likely to rear-end other vehicles. Rear-end collisions in Alabama are among the most common types of distracted driving crashes.  Continue reading

The National Highway Traffic Safety Administration (NHTSA) counted 743 bicyclist deaths in the U.S. in 2013. Of those, 6 occurred in Alabama. That’s slightly fewer than the 9 counted by state Department of Transportation officials in 2012, but doesn’t necessarily indicate a downward trend. There were 176 crashes involving bicyclists in the state that same year, resulting in 138 injuries.biketrail1

We are likely to see these numbers increase as bicycling grows in popularity in the state. The Alabama Bicycle Coalition reports there are dozens of popular trails throughout central Alabama, particularly around Tuscaloosa and Birmingham.

Most bicyclists fatally injured die because of a collision with a motor vehicle, usually by drivers who aren’t paying adequate attention. However, there are cases in which cyclists are killed or injured on unsafe trails. In these cases, recovery of damages in civil court will depend on the circumstances of the crash, but also on who maintains the trail – and why. Continue reading

Two years ago, in the first bellwether case against medical device manufacturer C.R. Bard for production of its transvaginal mesh products, jurors awarded plaintiff $2 million in damages. Of that, $250,000 was for compensatory damages (intended to compensate for actual losses) and $1.75 million was for punitive damages (intended to punish defendant). woman1

In Cisson v. C.R. Bard, both sides had appealed the final order, but for very different reasons.

Defendant appealed on the grounds certain evidence should have been kept from the jury and that the court should have allowed the defense to propose a special jury instruction. Also, defense argued the damage award was excessive. Plaintiff, meanwhile, appealed the split-recovery ruling, pursuant to Georgia law, that grants 75 percent of punitive damages to the state.  Continue reading

Twelve years ago, a former National Hockey League player hosted a birthday party for his young son, and invited the entire 5th grade class. For the event, he rented a child golf game that included a plastic golf club. golfkid

Everything was going well, until the end of the party, when a 4-year-old boy, unsupervised at the time, swung the golf club and struck an 11-year-old girl in the lip, splitting her lip and knocking her front tooth out.

Now, a dozen years later, she has filed a personal injury lawsuit, accusing the hosts of the party of negligent supervision under premises liability law. She alleges the injury caused her to undergo 53 dental appointments over the years, a number of surgeries, pain and suffering and mental anguish. She can’t bite normally into food, had to give up on participation in music class (because she couldn’t blow into wind instruments without straining her lip) and has suffered teasing and bullying over the appearance of her mouth.  Continue reading

The ending of the story of a long-married couple in Wisconsin at first glance seems to have been ripped from the pages of, “The Notebook,” the novel by Nicholas Sparks in which elderly lovebirds die together side-by-side, holding hands in a hospital bed. oldhands1

Except, although they died hours apart, it didn’t happen that way. They weren’t together, as they had wished, and family members say it wasn’t time for the 85-year-old wife to go.

According to the Wisconsin State Journal, the 86-year-old husband – former owner of several newspapers, father of four and avid traveler – was dying of cancer. It had been a long, difficult battle. In November 2012, his time had come. Doctors at the local hospital released him to hospice care. He was being transported via ambulance to hospice. It was less than a week after Thanksgiving. His wife of 62 years was in the ambulance beside him. But, as the lawsuit now asserts, she wasn’t properly secured in her seat. The driver of an ambulance stopped suddenly to avoid collision with another vehicle. That motion caused the 86-year-old woman to pitch forward, slamming her head on the interior of the ambulance. Continue reading