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Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award

The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week.  The award amount was being disputed due to the $1 million medical malpractice cap put in place in Florida months after the man’s death.

The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively.  The man died in 2003, however, the lawsuit was not filed until 2005.  The defense argued the time of lawsuit should be used and thus, the cap limits should apply.

The award amount had also been upheld by the Fourth District Court of Appeal in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.” […]

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Missouri Family Awarded $7 Million in Fatal Tractor-Trailer Accident

The family of a tractor-trailer driver who died in a 2008 Arkansas truck accident has been awarded $7 million by a federal jury.  The fatal crash between two tractor-trailers occurred when a truck owned by Dunaway Timber Co. crossed the center line hitting the other truck head-on.

The lawsuit alleged that Dunaway’s driver was fatigued after driving longer than the U.S. Department of Transportation rules allowed.  The driver also was inexperienced and had a “horrible driving record,” according to the lawsuit. Both the driver and Dunaway Timber were found liable.

Maverick Transportation, which employed the deceased driver, sued Dunaway because of damage to their truck. They were awarded $93,000.
About Munley Law Personal Injury Attorneys

Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]

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Car Accident Round-Up – Three Dead, Four Injured in VA Head-On Collision

Jeep Cherokee crosses center line, causes head-on car accident

VA Accident Kills Three, Injures Four
According to the Roanoke Times, a Jeep Cherokee carrying four people crashed head-on into a Plymouth van carrying three people Saturday afternoon in Bedford, VA leaving three people dead and four injured.  The Jeep was heading eastbound on Virginia 24 when it crossed the center line striking the westbound van.  The driver and front passenger of the Jeep died; the other two passengers were air lifted to a nearby hospital. The front passenger of the van died; the driver and another passenger were taken to a local hospital. 

Fatal Accident in FL on I-95
First Coast News reports an early morning accident on Wednesday closed down northbound lanes on I-95 near US 1 and SR 206 in St. Johns County, Florida.  Although details are unclear, apparently a pickup truck flipped several times after crashing into another vehicle.  […]

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Pennsylvania Hospital to Pay $2.2 Million in Birth Injury Lawsuit

UPMC Hamot and several of its doctors have settled a lawsuit filed in 2008 against a woman alleging a “botched” delivery resulted in cerebral palsy and other medical problems for her child.  The childbirth was in 1998.

The woman went to the hospital in February 1998, after going into labor two months prematurely.  The lawsuit claims the medical staff failed to respond appropriately to indications that the fetus was in distress.  Neither the hospital nor the doctors admitted any wrongdoing.

The child will not be able to live independently and suffers from cognitive impairment, seizures and motor and language delay.

According to The Erie Times-News, the tax-free $2.2 million will be placed in a special-needs trust and paid out over time to cover the costs of the child’s medical care over her lifetime.

About Munley Law Personal Injury Attorneys

Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]

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Car Accident Round-Up – One Dead, Five Injured in Multi-Vehicle Crash in FL

Out-of-control vehicle spins into oncoming lane colliding with two other vehicles in fatal accident

FL Accident Kills One, Leaves Five Critically Injured
A multi-vehicle crash over the weekend in Frostproof, Florida left one person dead and five others critically injured.  The Miami Herald reports that a vehicle on U.S. 27 northbound ran off the roadway, overcorrected and spun around sending it into the southbound lanes where it collided with two other vehicles.  The driver of the out-of-control vehicle died; her two passengers were taken to the hospital with life-threatening injuries.  Three occupants of the other vehicles were listed in critical condition. Police were continuing to investigate the accident. 

Heart Attack Kills Driver of Rock Band Bus in Iowa
According to the Ames Tribune, the driver of the charter bus for the rock band Widespread Panic apparently suffered a heart attack while driving the bus on Interstate 35 last week south of Ames, […]

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Car Accident Round-Up – Five Die in Fiery Michigan Accident

Both cars catch fire in wrong way car crash killing all five involved

MI Accident Kills Five in Wrong-Way Collision
In a tragic, fiery crash in Detroit, MI early Sunday morning, five people died when a driver traveling the wrong-way on the M-10 crashed head-on into another vehicle.  An SUV carrying four people and a passenger car, with just the driver in the car, slammed into each other causing both cars to erupt into flames killing the occupants of both vehicles.  Police are unsure of the cause of the accident and do not know which car was traveling the wrong way.  The northbound lanes of the highway were shut down for nearly six hours.

Two Die in Multi-Vehicle FL Accident
NorthEscambia.com reports that a Friday morning accident on I-10 near Pensacola, FL took the lives of one adult and a child.  […]

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Car Accident Round-Up – Motorcyclists Die in Florida Accident

Motorcyclist and passenger die after being hit from behind and thrown into traffic

FL Motorcyclist and Passenger Die in Multi-Vehicle Accident
Both the driver of a motorcycle and his passenger died when a Ford Explorer struck the cycle from behind on I-4 near mile marker 122 in DeLand, Florida early Sunday morning.  The Sun-Sentinel reports both occupants were thrown from the motorcycle and were run over by approaching vehicles who could not avoid the wreckage.  A third vehicle swerved and hit a tree leading to a fire.  The driver of the Explorer fled the scene of the crash; however, police have identified a woman who is a person of interest.

Teenager Dies in KY Roll-Over Accident
A Monday afternoon car accident in Nelson County, KY, claimed the life of one teenager and sent two more to the hospital.  The 17-year-old driver apparently lost control of her car as she was heading east on Old Bloomfield Road. […]

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GA Men’s Club to Pay $1.75 Million for Over-Serving Alcohol Leading to Deadly Crash

The family of a woman who was killed in a vehicle accident with a drunk driver, who had just left a men’s club in Conley, GA, outside Atlanta, will receive $1.75 million from the club.  The driver had a blood alcohol content of .398, nearly 5 times over the legal limit, at the time of the accident.

The drunk driver was driving his Lincoln Town Car the wrong way on I-20 eastbound in July 2008 and slammed head-on into the victim’s car.  Both drivers died at the scene of the accident. A passenger in the woman’s car died enroute to the local hospital.

The lawsuit alleged that Club Blaze should have known the man was intoxicated and should have stopped serving him.  The jury found that the club over-served alcohol to the man.

If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, […]

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Pennsylvania Family Awarded $2.9 Million in DUI-Hit-and-Run

The family of a 14-year-old Bensalem, Pennsylvania girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County judge.  The case was decided without a jury.

The 21-year-old driver that struck the girl was driving with a suspended license and was found to be intoxicated at the time of the crash.  The police did not charge him with DUI-related hit-and-run saying that road condition and other factors, not his drunkenness, caused the crash.  The driver, however, was sentenced to three to six years in a state prison for the accident, and is currently in jail.

The family of the deceased brought a civil trial against the driver and the owner of the vehicle the man was driving.  According to PhillyBurbs.com, the judge awarded the plaintiffs $697,749.92 in wrongful death damages against both defendants; […]

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California Women Awarded $1.2 Million in DUI Civil Lawsuit

Two CA women receive settlement after being hit by drunk driver

Two women, who suffered permanent injuries after an automobile accident with an assistant district attorney in Los Angeles who was driving drunk, agreed to a $1.2 million settlement in a civil lawsuit against the woman.  The two women had already been awarded more than $1 million in compensatory damages by a jury.

The assistant DA had a BAC of .26, more than three times the legal limit, and admitted that she knew she was drunk. She decided to drive anyway in hopes that she would get home without getting caught.  In the April 2010 accident, she rear-ended the two women near Long Beach, CA resulting in one woman suffering back injuries, facial scars and lost teeth, and the other suffering from back injuries.

The women had sought $2 million, but agreed to the settlement to avoid a second trial and to get immediate payment. […]

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NY Man Charged with Vehicular Assault, DWI in Motorcycle Crash

Drunk driver hit motorcyclist, who suffered serious leg injury

Man Charged with Vehicular Assault, DWI in Motorcycle Crash

A Montour Falls, NY man was charged with vehicular assault when he hit and injured a motorcyclist while driving drunk. The accident occurred Friday after the drunk driver turned into the path of a motorcycle at College Avenue and Turner Park in Montour Falls. The motorcyclist sustained a serious leg injury and was airlifted to Robert Sayre Hospital. In addition to the first-degree vehicular assault charge, the driver was also charged with driving while intoxicated, failure to yield the right of way and failure to keep right.

Drug-Impaired Driver Charged in Accident

A New York woman was charged with driving while impaired by drugs, leaving the scene of a property damage accident and various other traffic violations after crashing her car into several road signs on Thursday. […]

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$2.255 Million to be Paid by Police Officer and Bar to Settle Car Crash Lawsuit

Four killed by officer in drunk driving crash; Officer and bar found at fault

St. Louis website, Stltoday.com, reports an off-duty police officer and the bar which served her alcohol will pay $2.255 million to the families of the four young people who died in a car crash on March 21, 2009.

The wrongful death lawsuit states the 42-year-old police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant & Bar before leaving to drive home.  On her way home she crossed the center line and drove her Mitsubishi into the Honda about 1:45 a.m.  All four passengers were killed and the driver suffered a head injury, fractured rib, liver trauma and lung and skull contusions.

The bar was included in the lawsuit because its employees knew the police officer was drunk and did not call her a cab or stop her from driving her car.  […]

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Driver Dies In Crash – Widow Sues Business For Serving Too Much Alcohol

Pennsylvania’s The Times Tribune reports the widow of a 29-year-old man killed in a one-car accident in February has filed a wrongful death lawsuit alleging businesses over-served her husband alcohol.

The suit was has been filed against Valley Bowling Lanes Inc., Champion’s Lounge, Inc., and Bowl Credit, Inc., Carbondale Twp; and Chico’s Lounge Inc., Mayfield and alleges the businesses should have known her husband was intoxicated and unable to drive home the night of his accident.  It states the businesses’ bartenders, bouncers and/or managers failed to fulfill their responsibilities.

A minor son is also named as a plaintiff in the lawsuit which is seeking more than $50,000 plus interest and other court costs in addition to punitive damages.

The Scranton, Pennsylvania attorneys of Munley Law Personal Injury Attorneys have years of experience representing the survivors of wrongful death victims.   […]

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Officer and Bar to Pay $2.25 Million In Fatal Car Crash

A police officer and the bar which served her were held accountable for a fatal car crash caused by drunk driving. They will pay a total of $2.255 million for the wrongful death of four people and the injuries to another man, reports St. Louis Today.

The lawsuit claimed the police officer had consumed a “high quantity” of alcohol at O’Leary’s Restaurant and Bar and the employees at the bar knew she was intoxicated and did not stop her from driving or call her a cab. Despite her slurred speech and unsteady walk, the bar continued to serve her alcohol. After leaving the bar, the officer crashed her car into a Honda with five students from India.

The driver of the car hit by the police officer suffered a head injury, a fractured rib, liver trauma, lung contusion, and contusions to the skull. His four passengers were killed, […]

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Bar Owners Will Pay $1.3 Million In Drunk Driving Death

The former owners of a restaurant in Gresham, Oregon will pay $1.3 million after being accused of serving too much alcohol to a convicted drunk driver who killed two young women reports KATU.com. The judge could more than double that amount.

Although the Golden Star Restaurant is now under different ownership, the parents of the young women sued the former owners accusing them of knowingly over-serving the driver and then allowing her to drive.

The bar had a history of over-serving its patrons and had received several written warnings from the Gresham police, an Oregon Liquor Control Commission fine and dozens of patron DUI arrests, according to news reports.

The two young women were celebrating a 21st birthday when their car was hit head-on by the drunk driver going the wrong way on the highway. Neither woman had alcohol in her system. […]

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AAA: 9% Admit Driving Drunk, 54% Admit Using Phone While Driving

Traffic safety poll displays drivers’ hypocritical behavior

The AAA Foundation, the non-profit arm of AAA Auto Club, recently released its annual Traffic Safety Culture Index for 2008.

The survey, conducted on nearly 3,000 American motorists 18+, revealed a “do as I say, not as I do” mentality amongst most drivers.

75% of those surveyed feel that they are safer drivers than others out on our nation’s roadways; however, most admit to engaging in the same risky behavior they deem “serious or extremely serious” safety violations by others.

87% rate drunk driving as the number one concern they have about roadway safety; however, 9% (roughly 15 million adult motorists) admit to having driven under the influence within the past 30 days. This includes almost 2% that report doing it “very often.”

After drunk driving, 82% of participants rated distracted driving as the #2 concern for road safety. […]