South Carolina Injury Lawyer Blog

Your lawyers in Charleston at Howell and Christmas, LLC recently read a Post and Courier article concerning of a horrifying incident of nursing home abuse at a Mt. Pleasant facility. The alleged assailant is a 44-year-old North Charleston man and former employee of Mount Pleasant Manor, a 132-bed nursing home facility on Bowman Road, and is accused of assaulting and kissing a 101-year-old resident of the Manor.

Video evidence of the alleged assault was taken by a hidden camera placed in the resident's room by a private investigator after the resident alerted his granddaughter of abuse. The Post and Courier report indicates that the resident’s granddaughter hired the investigator.

Continue reading "Former Employee Faces Criminal Charge for Alleged Assault/Abuse at Mt. Pleasant Nursing Home " »

Back in March of 2011 your Charleston, SC lawyers at Howell and Christmas, LLC posted a blog entry concerning a sexual assault on an elderly woman living in a Mt. Pleasant hospice. A week ago last Thursday the 56-year-old alleged attacker was convicted of raping the elderly woman, found guilty (but mentally ill) of first-degree criminal sexual conduct, and subsequently sentenced to 30 years in prison. According to a Local News Report, the solicitor for the Ninth Judicial Circuit actively sought the maximum imposed sentence upon the defendant, but disclosed that a 30-year prison sentence for the 56-year-old man is likely to serve as a life sentence.

The attack occurred in the early morning hours of February 12, 2011, when the then 54-year-old man entered an unlocked door at a Mt. Pleasant hospice, walked across the corridor to the victim's room, and proceeded to sexually assault the then 86-year-old patient. It was not until a nurse reportedly heard a scream that the attacked was discovered in the facility atop the hospice resident. Reportedly, in a statement given to authorities, the man imparted that he peered into one of the facility's windows before finding an entrance.

According to authorities, the convicted attacker was a homeless man with an extensive criminal history; including an 1982 arrested on charges of committing a lewd and lascivious act, and an 1987 arrest for buggery, which is a term adopted from British English and close in meaning to sodomy. As a criminal charge in South Carolina, it is classified under "Offenses Against Morality and Decency."

In connection with the instant case, the convicted attacker was also charged with trespassing, criminal domestic violence, petty larceny, possession of cocaine and meth, and public disorderly conduct. As mentioned, the man was determined to be mentally ill, but the presiding judge ruled him competent to stand trial after hearing from two psychiatrists. Mental competency may have become an issue once the attacker decided to waive his right to a jury trial, and, generally, the first question asked by the presiding court is, "Was the waiver given voluntarily?"

Continue reading "Update of Previous Entry Concerning a Sexual Assault at a Mt. Pleasant Hospice; Assailant Receives 30-Year Prison Sentence" »

Cakes, snakes, spinners, shells, rockets, and candles all provide a fantastic way to celebrate the Fourth of July. And here in South Carolina, comparatively lax state laws concerning fireworks allow consumers to purchase bigger bangs than most other states. But with all that explosive fun comes the potential for serious injuries if not handled properly. With that in mind your Charleston personal injury lawyers and staff at Howell and Christmas, LLC would like to run through some quick firework tips, as well as provide additional resources, to celebrating our nation's independence safely.

Without a doubt the safest way to enjoy fireworks is through public displays conducted by professional pyrotechnicians. But if you prefer lighting them yourself its important to obey local laws and use common sense. The National Council of Fireworks Safety (NCFS) says to only use fireworks outdoors and always have water handy, whether it be a garden hose or simply a bucket of water. Before you even start your start lighting up the summer sky, take the time to choose an open area with a considerable distance away from spectators, homes, buildings, and dry vegetation. Use a garden hose to wet down your launch pad before firing, as this will help prevent your patriotic display from turning into an unwanted brushfire.

And while it may seem like a momentary stroke of genius to tether four bottle rockets together, it could prove disastrous. Experimentation with fireworks is one of the leading causes of firework related injuries, so do not try to alter or combine fireworks in any way. When it comes to those frustrating "duds," never attempt to relight it. Wait 20 minutes and then soak it in a bucket of water. Alcohol and fireworks do not mix, and the NCFS suggests designating a shooter in the same way you would designate a driver for a night out on the town. Even a small quantity of alcohol can impair one's judgment and ability to properly set up and use consumer fireworks safely. Despite seeming safer and more kid friendly, the tip of a sparkler burns at 2,000 degrees Fahrenheit--hot enough to melt some metals and cause potentially fatal third degree burns. Thus, to prevent an unfortunate child injury, it is best to keep sparklers out the hands of children under the age of 12.

Continue reading "Charleston, SC Lawyers Talk Fireworks and Tips for a Safe Fourth" »

Your Charleston accident lawyers at Howell and Christmas, LLC have discussed work accidents and on the job injuries in the past, but more often then not the injuries covered here are the result of an immediate accident, or due to a repeated work related action. But there exists another class of work related injury that may or may not develop long after the job is done; we're talking about exposure to hazardous materials that are believed to be the source of certain cancers and other forms of serious disease. Detailed below is a lawsuit concerning the same, and shows the difficulty of establishing a causal link between toxic exposure and a specific illness.

After a more than two-week long trial an Indiana jury has returned a verdict in favor of major aluminum producer Alcoa. A former miner who worked at the Squaw Creek Mine site from 1977 until its closure in the early 1990s filed the $12 million lawsuit. The suit claimed that Alcoa’s dumping hazardous substances at the site caused the former miner’s cancer of the bile duct, which is a rare form of liver cancer. The now 56 year-old man also spent countless hours fishing, hunting, hiking, and target shooting around the site starting as a young child. The lawsuit sought to recover and provide future medical costs, loss of income, pain and suffering.

Jurors were told by the plaintiff's attorney that the former miner's estimated past medical costs, including four major surgeries, was greater than $480,000; future medical expenses could exceed $800,000, with an additional $50,000 to provide for his wife's medical monitoring for signs of developing cancer; combined loss of income for the couple was estimated at $1.3 million; and plaintiff sought another $9.5 for intangible losses such as pain and suffering.

According to reports, large amounts of industrial waste were dumped into portions of the mine starting in the mid-1960s until 1979. Such waste included coal tar pitch, spent pot linings from its aluminum smelting and a sludge that contained chromium. Chromium has long been known to be toxic and carcinogenic (capable of causing cancer) in large amounts and in certain forms. Alcoa acknowledged the dumping but has disputed the toxicity of the waste, where the waste was dumped, and how much of it was dumped. Further, Alcoa insisted it was in full compliance with state regulations.

Continue reading "Jury Finds in Favor of Major Aluminum Producer in Cancer-Hazardous Waste Lawsuit" »

According to a recent report in The Atlanta Journal-Constitution, the family of a young man killed by a waitress driving under the influence has filed a lawsuit against the Midtown Atlanta bar that employed her. Although the accident happened nearly two years ago, this suit bears an undeniable similarity to a lawsuit discussed last week by your Charleston personal injury lawyers. In that case, which is briefly updated toward the conclusion of this post, the decedent’s (or victim’s) father filed a wrongful death claim against the corporate owners of the restaurant that employed the drunk driver deemed responsible for the fatal car accident.

The lawsuit filed this week in Fulton State Court holds the Midtown Atlanta bar responsible for serving the waitress, among other employees, several free "shift shots" before allowing her to drive off the bar's property around 4:00 a.m. on June 19, 2010. Moments after leaving work, the waitress, who was 26 years-old at the time, ran a red light at West Peachtree and 17th Streets and slammed into a Ford Mustang being driven by a 24-year-old intern for the then Governor of Georgia. The young man, a University of Georgia graduate from Augusta, was assigned to be a designated driver for other interns celebrating the end of a six-month government fellowship the night of the drunk driving accident.

According to prosecutors in the waitress's criminal trial, her blood alcohol level was 0.229, just shy of three times the legal limit (0.08). In October 2011 the waitress pleaded guilty to driving under the influence (DUI) and wrongful death and was ordered to serve five years of 10-year prison sentence behind bars, serving the remainder on probation.

Continue reading "Parents File Suit Against Bar Claiming Liability for Son's Death" »

Your Charleston personal injury attorneys at Howell and Christmas, LLC found an interesting wrongful death case that alleges police owed a duty to protect the decedent's safety after his arrest and release from police custody. The polarizing lawsuit has made its way to the District Court of Appeals in Florida and raises questions about strict adherence of codified (or statutory) law and the interpretation of applicable common law principles. However, the judgments do not concern case resolution, rather the holdings discussed below determine whether the Plaintiff's (decedent's father) wrongful death claim meets the minimum threshold to establish a duty of care, a requirement needed for the suit to proceed.

In September 2007 a 24-year-old man was arrested by Boca Raton police for a number of traffic violations. After a night of heavy drinking the 24-year-old man, against the wishes of a family member, got into his truck and began driving erratically. Said family member, a cousin, followed him and called 911. Police took the man into custody, told his cousin to leave, arranged for his truck to be towed, and transported him to the police station. Police issued five traffic citations, none of which were for driving under the influence (DUI), and after calling the man a cab, released him from custody, still noticeably intoxicated. At 5:20 a.m. that morning (about an hour after his release) the man was laying next to railroad tracks a short distance from the police station. An approaching train struck and killed the man. At the time of his death, his blood alcohol level was .199; well over two-times the legal limit.

The man's father (Plaintiff) filed a wrongful death lawsuit against Boca Raton Police. As mentioned above, the suit claims police had a duty to protect Plaintiff's son's safety and not merely release him into the night. The suit was thrown out by the trial judge, a three-judge panel of the court ruled that Plaintiff could proceed with the suit; upon which the City of Boca Raton asked the full appeals court to review the panel's decision.

The Fourth District Court of Appeals in West Palm Beach, in a narrow six to five majority decision, ruled that police had no further responsibility for Plaintiff's son's safety after he stepped out of the police station door.

Continue reading "Future of Wrongful Death Lawsuit Uncertain After Narrow Court of Appeals Decision " »

In May of this past year your lawyers in Charleston at Howell and Christmas, LLC posted several entries (found at the end of this post) covering a baseball fan that was nearly beaten to death after an attack by supporters of the opposing team. Now, a highly interesting legal twist has been added to the incident as the owner of the Los Angeles Dodgers looks to sell the team and exit bankruptcy by April 30, 2012.

To recap, a San Francisco Giants fan visiting Los Angeles for the opening day matchup with the Dodgers was attacked by hometown supporters after a narrow 2-1 Dodgers win. The beat down left the Giants' fan with a fractured skull and physicians were forced to put the man into a medically induced coma to prevent seizures. The man was hospitalized until October 2011, and then moved to a rehabilitation facility to continue his recovery. However, sadly, recovery for the fan can only be used in a very limited sense. He is wheelchair-bound and will require around the clock skilled nursing care for the rest of his life.

Also, and as a bit of good news, since the last post by your Charleston personal injury lawyers two men were arrested and charged with assault and mayhem for their alleged role in the attack. One of the men has been cited in the fan's lawsuit as having been involved in two other ballpark incidents that same day. Under California law, the charge of mayhem is a very serious allegation; involving serious injury to another person. Both men have pleaded not guilty, but, if found guilty, the men could serve eight to nine year terms in prison.

In May 2011 the man's family filed suit against the Dodgers Organization and its owner in California State Court, then filed the claim with the federal court in July, weeks after the owner put the team in bankruptcy.

Continue reading "Recap and Updates in San Fran Baseball Fan Case as Dodgers Seek Buyer and Exit Bankruptcy" »

Being huge sports fans, your South Carolina injury attorneys at Howell and Christmas, LLC have posted numerous blog entries on various issues surrounding the sporting world. Despite its recent entry into the off season, the National Football League (NFL) remains a point of interest as College Stars ready themselves for the draft and questions about Peyton Manning's future attempt to be answered, but of most importance to your lawyers in Charleston is the growing number of head trauma lawsuits being filed by former NFL players against the League.

Last week a panel of judges ruled that the class-action lawsuits filed in New York, New Jersey, Florida, Georgia, and California will be consolidated in a federal court in Philadelphia, Pennsylvania. Hundreds of former players and their families have entered in these class-actions, alleging negligence and claiming the League didn't do enough to mitigate the risks of severe and potentially permanent head injuries for the players, particularly those resulting from repeated head trauma and concussions.

Within these lawsuits there are claims and accusations that the League has deliberately withheld information that is critical to player to player safety, and has failed to inform players that they risked severe and permanent brain damage by returning to the playing field too soon after sustaining concussions. The lawsuits claim that this failure to inform is the cause of the current injuries faced by former players. One plaintiff's claim goes as far to say that the League used a "hand-picked committee of physicians" to distort the effects of on-the-field head trauma, particularly concussions.

A majority of players represented in these lawsuits describe a range of common symptoms that include headaches, sleeplessness, dementia and severe memory loss, as well as depression. A recent study of 15 former NFL players, conducted at Boston University's Center for the Study of Traumatic Encephalopathy, found evidence of a condition called chronic traumatic encephalopathy in 14 of the former players. The condition is a dementia-like brain disease. According to the study, repeated concussions, sub-concussive blows to the head, or both, represented a causal link in the players suffering from the condition.

Continue reading "Former NFL Players File Head Trauma Suits Against League " »

Your lawyers in Charleston read that this past Monday a 23-year-old man was sentenced to ten years in prison after pleading guilty to one count of driving under the influence (DUI) and one count of reckless homicide. The man's sentence is suspended to three years of active time behind and will be given credit for nearly two years of house arrest. Once released, during his period of probation, the young man will not be allowed to touch alcohol. However devastating and life-altering this sentence will be, the real tragedy reveals itself in the events that brought the young man to court in the Charleston County Judicial Center.

According to the Charleston police incident report, the young man and his 21-year-old wife were speeding towards John's Island after a night out at Downtown Charleston bar in May 2010. En route the man lost control of the vehicle at the Stono River bridge. Reportedly, the late night accident occurred as the result of the man trying to pass a friend he was racing in another vehicle. Charleston police found the car overturned on the bridge and subsequent investigations determined that the vehicle was traveling 70 mph in a 45 mph zone. The drunk driving accident took the life of the 21-year-old woman. She was pronounced dead at the scene. Her 23-year-old husband was left with a head injury in the form of a fractured skull. The driver said he had no recollection of the accident when he woke up in the hospital the next morning.

Because the man (defendant) could not remember anything about the accident he entered what is called an "Alford Plea," which was allowed by the Circuit Judge because the defendant's inability to remember the accident the Alford definition.

Continue reading "Drunk Driver Sentenced in Charleston County and a Brief Overview of an 'Alford Plea'" »

Your lawyers in Charleston at Howell and Christmas, LLC have previously posted entries concerning school bus accidents, car accidents, and tractor-trailer accidents. However, none the past entries have involved all three of the said vehicles in a single incident, until today.

Last month in St. Stephan, South Carolina (a community in northern Berkeley County) the driver of a Nissan Maxima found herself wedged between a school bus and a tractor-trailer. The driver came to this precarious position after attempting to pass the school bus carrying students from Timberland High School. According to the South Carolina Highway Patrol, this attempted pass was made illegally as the roadway was marked with a double-yellow line, which earned the driver a citation for improper passing.

In the attempted pass the 43-year-old St. Stephan woman driving the Maxima struck the back of the bus, was forced to veer left, and was then hit by the tractor-trailer heading in the opposite direction. The driver of the Nissan and one Timberland High student were taken to a local hospital after the tractor-trailer accident, but the Post and Courier article covering the incident failed to report any specific injuries for these particular persons. Thankfully, it was reported that the driver of the tractor-trailer and the other 18 students aboard the bus escaped the auto accident without injury.

It is a recurring theme of the South Carolina Injury Lawyer Blog to advocate safe driving practices along the Palmetto State's roadways, but it is of especial importance to be mindful of tractor-trailers (a.k.a 18-wheeler or semis) as these behemoths of the road pose a significant danger to everyday drivers. Because of the large weight contrast between semis and everyday passenger vehicles (minivans, sedans, compacts, etc.), the damage and danger of serious injury or death is heightened in accidents involving tractor-trailers.

Continue reading "Driver Finds Herself Between School Bus and 18-Wheeler, Palmetto State Works to Curb Rising Pedestrian Fatalities" »

During the summer months your Charleston accident lawyers at Howell and Christmas, LLC came across a number of train-related accidents occurring at railroad crossings. Links to the entries covering these incidents can be found directly below this post. But, over the last month there have been two fatal accidents involving trains. The happened in mid-November when a 27-year-old woman from Alabama either jumped off or fell from a CSX transportation train. According to a Post and Courier report, the train was about two miles south of U.S. Highway 17 and S.C. Highway 162 in Charleston County when the serious accident occurred. According to the Charleston County Coroner's Office, the woman died of blunt force trauma and it is thought that the fatal injury was not caused by direct impact with the train, but rather from the fall or jump from the moving locomotive.

After the accident, it was discovered that the woman was not riding alone on the train, she had illegally hopped on the train with a 29-year-old man from Connecticut. The man has since been charged with breaking and entering onto a train. According to an affidavit signed by the man, he continued on the train until it stopped in Georgia, where he told railroad officials about the incident.

More recently, a man was killed in Hanahan when his car was hit by an Amtrak passenger train. Witnesses on scene told authorities and investigators that a 1997 Pontiac Sunfire sedan was sitting on the railroad tracks when the crossing arms came down at Mabeline Road. Furthermore, witnesses said that the man in the vehicle appeared to be intoxicated at the time a southbound Amtrak train collided with the car, ripping the vehicle in half and killing the driver.

Continue reading "Vagabonds Hop Charleston Train Leading to Fatal Incident" »

Over on the Howell and Christmas, LLC Child Injury Lawyer Blog your attorneys in Charleston posted an entry that gave some quick tips for parents to help prevent child injuries while there out Trick-or-Treating this Halloween. However, this past week in Charleston there has already been a serious accident surrounding the spooky holiday involving two adult men.

Early this past Sunday morning, around 3:00 a.m., at the elaborate extravaganza known as Skinful Halloween a 25-year-old James Island father suffered several broken bones and a serious brain injury that has left him in a coma after being hit by an alleged drunk driver, a 31-year-old man from Summerville, South Carolina. The suspected drunk driving accident happened as many of the partygoers were leaving the event on Folly Road. According to one witness, the 25-year-old man flew 12 feet into the air after being hit as he walked along Folly Road.

The 31-year-old driver has been charged with second-degree felony driving under the influence, and in his bond hearing on Monday bail was set at $25,000, the maximum allowed for said charge. According to reports, the suspected drunk driver stopped at a nearby fire station as soon as he realized he had hit a pedestrian, a note the man's attorney mentioned at Monday's hearing.

Despite the alleged misconduct of the 31-year-old driver, the father of the victim placed the blame on the Skinful Halloween event organizers, claiming the party to be a "sanctioned rave" set in "the darkest corner of Folly Road." On staff at the event were 12 uniformed police officers and more than 20 undercover officers in addition to the security hired by Skinful and a restaurant where part of the event took place. Also, the event employed four free shuttles for the thousands of partygoers and posted an explicit warning on its website for attendees not to walk along Folly Road, noting nonexistent sidewalks. Thus, the question raised by organizers is, "When he [25-year-old victim] made the decision to walk alongside the path, who does the responsibility fall to?"

Continue reading "Halloween Extravaganza Ends in Drunk Driving Accident and Tree Lined Medians Claim Another Life" »

Early this week your Charleston lawyers at Howell and Christmas, LLC (located at 250 Mathis Ferry Rd. in Mt. Pleasant) heard of a story involving a dangerous pit bull on Daniel Island. According to the Post and Courier, a couple driving along River Landing Drive when a dog appeared out of nowhere, bolting in front of their car. The couple, with best intentions in mind, stopped their vehicle and tried to approach the dog, thinking the animal may be a beloved pet of a family on the island. But, apparently, the dog, which looked to be a pit bull, did not appreciate the gesture and proceeded to launch a "vicious attack" on a nearby woman's dog. The woman who had gotten out of the car, again with best intentions, tried to intervene in the melee, but was bitten by the animal she originally tried to help. Fortunately, the dog bite did not result in any serious injuries, due in part because the woman was wearing a sweater at the time of the attack, preventing the bite from penetrating the skin of her bicep. Needless to say, this well- intentioned citizen is hoping she doesn't run into the loose dog again after being seriously frightened by this encounter.

Responding Charleston police officers later determined that this same pit bull was involved in another incident in which another dog was bitten. Animal control officers are still trying to find the dangerous pit, and believe the dog belongs to someone on Daniel Island, as the animal was reported to have a collar.

In an unrelated incident, last Saturday Goose Creek police officers shot two pit bulls after the animals allegedly attacked other dogs and charged at the officers. One of the dogs was killed in the shooting and the owner of the animals is charged with the counts of lack of restraint and two counts of nuisance animal. A court date for the 28-year-old owner is scheduled for November 17 and the court will decide then if the owner is allowed to regain possession of the surviving pit bull.

Continue reading "Charleston Animal Control Officers Looking For Dangerous Dog" »

Huge news in the Charleston area, and more specifically across the Harbor in Mt. Pleasant, where one of the Howell and Christmas, LLC offices is located, surrounding the wrongful death of a former Wando High School football star who died in his first voluntary workout at Western Carolina University. Your attorneys in Charleston learned of this tragic event back in the summer of 2009, but this week the family of the 20-year-old defensive back filed a wrongful death suit against members of the Western Carolina coaching staff. Named defendants in the lawsuit include the University's athletic director, head coach, defensive coordinator, head athletic trainer, and former strength coach.

According to the lawsuit, said defendants breached their duty to the young player in failing to "develop policies and procedures to safely train and condition athletes with the sickle cell trait." According to the Post and Courier, the suit seeks a sum in excess of $10,000 and further alleges ""information about sickle cell trait and exertional sickling was available to all ... defendants, who chose to ignore it." The wrongful death suit was filed back in January in Jackson County, North Carolina.

In defendant's response to the claim, they acknowledge that the player's mother disclosed that he had the sickle cell trait in questionnaire filled out in 2008, but the response denies all other allegations.

The young player was a recent transfer from Georgia Military College, and while at Wando High School here in Mt. Pleasant, he was a North-South All-Star and an All-Lowcountry Player.

Continue reading "Family of Former Wando Football Star Files Wrongful Death Suit After Accident at Preseason Workout" »

Earlier this week your attorneys in Charleston read that, in New York, the last of the wrongful death lawsuits arising from the September 11, 2001, attacks on the World Trade Center was settled. The final plaintiff to settle their suit, a 31-year-old hockey scout, was aboard United Flight 175, which was the second plane to hit the World Trade Center. Named defendants in the suit were United Airlines and Huntleigh USA, the security company that operated the security checkpoint at Logan International Airport in Boston. The lawsuit alleged gross negligence on the part of said defendants for allowing five terrorists to board United Flight 175.

The lawsuit was initially filed in 2002, but the surviving family members of the 31-year-old man were reluctant to settle the suit because they wanted to hold United and Huntleigh publicly accountable at trial for their negligent inaction that allowed the terrorists aboard Flight 175. Although the case was settled, plaintiffs were still able to achieve their want of holding defendants publicly accountable through plaintiff's counsel filing a detailed collection of their evidence in response to defendant's motion to dismiss. Plaintiff's filing their 127 exhibits into Federal District Court record allowed plaintiffs to reveal a cache of information not previously made public.

In August, defendant's counsel filed a motion to dismiss claiming that "[n]either United nor Huntleigh can be held liable under either federal or state law for not stopping an attack that the entire federal government was unable to predict, plan against, or prevent." Defendants' motion to dismiss also contended that the security system in place was done under the direction of the federal government, and "neither intended to stop, nor capable of stopping, what happened that day." However, the filing of evidence, which included excerpts of confidential depositions of checkpoint screeners, by plaintiffs tells a story of inexperienced personnel who lacked the necessary training to properly carry out their job.

Continue reading "Last Wrongful Death Lawsuit Stemming from 9/11 Attacks Settled" »

Last month your Charleston accident lawyers at Howell and Christmas, LLC posted an entry covering the highly publicized stage collapse at the Indiana State Fair. In that post it was presupposed that claims might be filed on behalf of those killed and seriously injured in the accident. As it turns out, two weeks after the stage collapse a number of personal injury and wrongful death lawsuits have been filed against concert organizers, claiming gross negligence for failing to warn patrons of an oncoming storm.

Their claim, citing the law negligence, is based on the forseeability aspect of proximate cause and is established by proof that the actor, or in this case fair organizers, should have reasonably foreseen that their negligent act would imperil others. Plaintiffs allege that fair organizers had the opportunity to warn concert patrons of a dangerous, oncoming storm and that this catastrophe could have been avoided.

To reiterate a point of interest noted by your Charleston attorneys in the last entry, at the time of the State Fair accident there was another large music event in close proximity that successfully evacuated 6,700 people before the storm reached the site. Thus, it could be said that promoters and organizers of the State Fair breached the general standard of care by not exercising due care and caution for the safety of the concertgoers by not evacuating the fairgrounds.

Continue reading "Storm and Stage Collapse at State Fair Result in Negligence Suits" »

Back in May your Charleston spinal cord injury lawyers made mention of a fatal accident in which a young woman fell off the back of 2008 Honda motorcycle. When commenting on the accident it was noted that the attorneys at Howell and Christmas, LLC presumed the wrongful death was ruled an accident because State Troopers did not file any charges against the 34-year-old man operating the motorcycle. However, it was reported yesterday that after a three month investigation into the fatal motorcycle accident by the South Carolina Highway Patrol has charged the 34-year-old man from Hollywood, South Carolina who was driving the motorcycle at the time of the accident with reckless homicide and operating an uninsured vehicle.

As a refresher, the accident occurred on the evening of Sunday, May 15, 2011 in the westbound lanes of Interstate-26, about a mile before the Jedburg Exit. After falling off the back of the bike the 33-year-old female rider was airlifted by helicopter to Medical University Hospital. She died the next day. Initial reports noted that the woman was not wearing a helmet at the time of the fatal fall. The initial, as well as yesterday's, report fails to mention the specific injury that killed the young woman, and it is impossible to say for certain whether or not a helmet would have saved her life. But, it can always be said that wearing a helmet while riding, or operating, a motorcycle is a good idea and a means to prevent serious head injuries in the event of a fall or accident.

According to the Post and Courier, the three month investigation conducted by the South Carolina Highway Patrol revealed that the motorcycle's operator was handling the bike in a reckless manner right before the woman fell off the back and onto the interstate. However, both the Post and Courier's initial and most recent report does not mention the specifics concerning the motorcyclist's reckless behavior. It could have been excessive speed and/or unlawful and unsafe lane changes. But considering the woman fell off the back of the motorcycle it is not too unreasonable to think the bike's operator was attempting to perform some sort of stunt. An unannounced wheelie would certainly make it difficult for a passenger to stay aboard, but that is just a theory.

Continue reading "Three Month Investigation Returns Charges Against Operator Involved in a Fatal Motorcycle Accident" »

Near the end of last month your Charleston brain injury lawyers at Howell and Christmas, LLC posted a blog entry concerning a truly tragic event in which a young lady from Mt. Pleasant was killed at a music festival after a truck ran into her, and her friends', tent. To view this past entry, scroll down to the bottom of this post and click the first link following the "More Blog Posts" section. In that post it was noted that while festival and concert promoters cannot control the weather conditions on the date of their event, they do owe a duty of care to their event's patrons, and if an attendee suffers an injury because of the negligence of the event organizers, a personal injury lawsuit can be filed against those responsible.

With that being said, there was recent, unfortunate incident at this summer's Indiana State Fair that has made major news headlines across the country. At the Fair on Saturday, a stage collapsed atop a crowd of concertgoers waiting for country duo Sugarland to perform, killing five people and as of Monday 25 were still hospitalized for their serious injuries. Early investigations and reports point to heavy winds with estimated gusts of 60 to 70 mph as the cause for the roofing, scaffolding, as well as lighting and sound equipment to topple onto the crowd.

However, since Saturday and as investigations by state officials continue, families of those killed and injured are looking for answers to questions such as: Was the structure safe? Why were the thousands of fans not evacuated? Could anything have been done to prevent the tragedy? As it is now, state officials have yet to respond to grieving family members and the curious public following the story, having not said whether or not the stage's rigging was inspected prior to Saturday. Furthermore, the spokesman for the fair has retracted an earlier statement in which he said it was the job of the state fire marshal's office to ensure the structure was safe. But now, the fair's spokesman saying he doesn't know whose job it was to inspect the stage's rigging. It seems there may have been a serious lack of communication between the State Fair's organizers and the state officials responsible for safety inspection, whatever agency that might have been.

Continue reading "Major Storm Moves Across Great Plains Collapsing a Stage Atop Concertgoers, Safety Measures Called into Question" »

Last week in North Charleston, an early morning crash created a backup that lasted nearly nine hours for Charleston area commuters trying to make their way to work. In an already highly congested area of Interstate-26 two 18-wheelers hauling large loads of wood chips collided and exploded into flames. Your South Carolina tractor trailer lawyers read in Thursday's Post and Courier that the collision between the two mega vehicles happened about 3:40 a.m., long before the rush hour traffic that usually clogs up the eastbound lanes of I-26 near Ashley Phosphate Road overpass. According to reports, one of the 18-wheelers was slowing down before entering a work zone on the interstate when it was struck from behind by the second truck, starting a fire that was fueled by the load of wood chips the tractor trailers were hauling to a paper mill.

After the major truck accident, both drivers were rushed to Medical University Hospital. The 40-year-old driver of the first was listed as in fair condition after receiving treatment, while the 48-year-old driver of the second truck from Summerville is reported to be in serious condition. There were no other reports as to the type or kind of serious injuries suffered by either driver. It can be presumed, although not known for sure, that the fire that erupted from the crash could have caused serious burn injuries to one, or both, of the drivers that were injured on the job.

It seems to be a rarity for the lawyers at Howell and Christmas, LLC when discussing serious motor vehicle accidents in Charleston and surrounding areas that the motorists involved were observing the mandatory South Carolina Law of wearing a seat belt. But, both of the truck drivers injured on the job were wearing their seat belts at the time of the accident.

Continue reading "Big Trucks Collide and Cause Big Delay for Charleston Area Commuters" »

It is not always the case that civil claims make it to the courthouse and are decided through trial there are alternatives. The most common of which is a legal settlement, or where a case is "settled out of court." This is a popular phrase that can be heard or read on an almost daily basis, but not everyone is a legal scholar and understands the process of settling a civil claim out of court. Thus, your Charleston medical malpractice lawyers have decided to dedicate this entry to giving a brief and basic lesson on settlements as they pertain to civil lawsuits. Hopefully a couple of recently decided cases will provide good examples to the settlement process, as well as show the pros and cons for both plaintiffs and defendants in the decision of whether or not to settle a case out of court.

Much like litigation, settlement is a process, and while the easiest time to settle a dispute if before litigation begins, attorneys from both parties are communicating with each other and the court as litigation moves forward, gauging the relative strength of their cases and determining if settling out of court is in the best interest of the claim.

Typically, a settlement occurs when the defendant in a civil suit agrees to some, or all, of the plaintiffs claims and decides not to argue the matter in front of a judge and jury in court. An agreement by the plaintiff and the defendant to a settlement ends the litigation, and the defendant avoids the financial cost of litigating the case in court. And the cost of pursuing litigation through trial is often extremely expensive because of the amount of time required by attorneys. This week in Charleston, it was not only the cost of trial that burned a hole in the County's pocket, but also the verdict. Last month the Charleston County Sheriff's Office denied a $10,000 offer to settle a malicious prosecution claim, and after seeing the case through trial, the wrongfully arrested plaintiff was awarded $50,000. By declining the original offer, it seems the defense (Sheriff's Office) felt the plaintiff's had a weak claim, but an incorrect perception of the other side's case cost taxpayers $40,000.

Continue reading "Basic Lesson in Legal Settlements Supplemented by Recent Examples" »

At the end of last week your North Charleston auto accident lawyers discussed the some starling statistics showing South Carolina as some of the nation's most dangerous and deadliest. Now, according to recent analysis released by AAA Carolinas, a major contributor to the fatalities are the rural roads outside located throughout the Palmetto State, and the study indicates that they are not likely to get any safer. According to a spokesman for the motor club, urban migration is a large factor in our state's not so friendly forecast. As more and more people move to South Carolina's metropolitan areas, limited highway funding will be allocated to serve roadways around suburbs and cities, and not those located "out in the country."

Based on the study's findings on the total vehicle miles driven and traffic fatalities in 2009 (the latest year for which numbers are available), it was determined that motorists and motorcyclists had the high chance of being killed in Lee and Dillon County, respectively. Following Lee County for the most dangerous roads were the rural Marlboro, McCormick, Clarenon, and Williamsburg counties. Collectively, these 5 counties represented 7-percent of South Carolina's traffic deaths in 2009, while only accounting for 3-percent of the total vehicle miles driven, showing that even those roads less traveled can pose a serious danger to drivers.

The roads most travelled in the state, those in the most populated counties (Greenville, Charleston, and Richland), were shown to be the areas where motorists had the highest chance of being in an auto accident. Calhoun County, located just south of Columbia, revealed itself to be the county in which motorists had the least chance of being in a car accident in South Carolina.

Continue reading "South Carolina's Rural Roadways: A Major Contributor to the State's Sour Fatal Traffic Accident Statistics" »

While watching Sportscenter this morning before coming into the Mt. Pleasant office of Howell and Christmas, LLC, your Charleston car accident lawyers saw ESPN's College Football Analyst, Jesse Palmer, talk with the new head coach of the Florida Gators, Will Muschamp. One aspect of the conversation that caught our attention was that of the health and safety of the players during preseason training. It goes without saying that heat indexes over 100 degrees are not conducive to intense football practices. Furthermore, such extreme physical activity in the Southeast's extreme heat presents the risk of serious injury and death.

The Gators, and other teams in the nation's best college football conference, the Southeastern Conference, are taking serious measures to prevent heat-related injuries by holding practices in the early morning and evening to keep their players out of the hottest part of the day. Also, coaches and staff are posting notes around facilities to remind players to keep hydrated.

While the premier college football programs in the nation have nearly unlimited resources when it comes to medical staff, cooling fans, ice baths, Gatorade, etc., under funded high school and their programs have a much harder time when it comes to tackling the Summer's toughest player, the heat.

This isn't the first time the South Carolina Injury Lawyer Blog has contrasted the well-financed world of college and professional football to the often-undercapitalized programs found at the high school level. Back in October 2010, there were several entries that noted that many South Carolina high school programs lack the resources to maintain training and medical staff to deal with severe brain injuries and concussions, as well as heat-related injuries during preseason practices.

Continue reading "South Carolina High School Football Preview: The Hardest Hitting Player in the Preseason is the Heat" »

Yesterday, your South Carolina trucking accident lawyers at Charleston's Howell and Christmas, LLC, discussed some statistics concerning the number of deaths on South Carolina roads. Those stats were comparing the number of fatalities in recent years to those that have occurred so far in 2011. While the numbers suggest that this year is trending to be deadlier than the last, some officials feel the numbers are skewed by the relationship between more cars on the road during the summer, means more fatal car accidents. And it should be noted that motor vehicle accidents are down two percent this year from last. So if it isn't the car and tractor trailer accidents that make 2011 appear to be more dangerous, then what is it? Well, according to the figures, it is a surge in fatal pedestrian accidents.

In yesterday's blog entry, it was noted that, despite seeming to happen to regularly, the report did not mention an increase in deadly pedestrian accidents in Charleston County. But, as mentioned before, this can be attributed to a lack of attention paid to the Lowcountry by Upsate reports, there may be a large amount of pedestrian accidents that don't result in death in the area, and it could be that Charleston County has simply not experienced an increase in pedestrian related road deaths.

With all that being said, this week the Charleston area has seen a couple fatal road accidents, one of which following the state's statistical spike, and one going against the figures. But, the two fatal incidents share one aspect in common, investigations into the incidents required authorities to look into the role a medical issue might have played in the cause of the fatal accidents.

On Tuesday, a 48-year-old woman from Miami Beach, Florida was hit by a car on Savannah Highway in Ravenel. According to authorities, the woman was walking along the shoulder of the highway at 9:20 a.m when a car went off the road and struck her. She died of the injuries incurred in the accident, according to the Charleston County Coroner's Office. The driver in the accident, a man from Ludowici, Georgia was with a traffic violation, violation of due care. But, in the course of the Charleston County Sheriff's Department's investigation, it was discovered that the driving was dealing with a medical issue at the time of the fatal pedestrian accident. In the Post and Courier's report of the incident it does not disclose the specific injuries that killed the Florida woman, nor does it disclose the nature of the driver's medical issue.

Continue reading "Charleston Area Accidents Serve to Support the Statistics Showing South Carolina's Roads as Some of the Nation's Deadliest " »

A couple weeks ago your South Carolina workers' compensation lawyers published a blog post concerning a growing threat to consumers that has severely injured a number of people across the Nation, as well as right here in the Charleston area. That threat is popular decorative ceramic firepots filled with dangerous pourable gel fuel. In last Thursday's Post and Courier, there was a report saying that these gel fuels have been recalled by the Consumer Product Safety Commission (CPSC).

The reason behind the recall is that these flammable gels can ignite unexpectedly and splatter onto consumers and other objects nearby when it is poured into an already lit firepot, or as mentioned in the earlier post, when lighting the fuel.

The dangerous defective product is manufactured by Napa Home and Garden Inc. of Georgia. So far, the company has received 37 reports regarding the fuel, 23 of these reports outlined serious burn injuries to consumers. Lawsuits have already begun to be filed by burned consumers, including one from a West Ashley women who suffered serious burns from a Napa Home product. Also included in these suits are the stores where the firepots were sold.

According to the CPSC, the product being recalled is the pourable NAPAfire and FIREGEL Gel Fuel bottles and jugs. The product itself is a clear gel, packaged in a clear containers sized at 1-quart plastic bottles and 1-gallon plastic jugs. It comes in either non-scented or citronella scents and was sold at retailers between December 2009 and June 2011. The gels have been sold at many popular retailers like Bed Bath & Beyond, Shopko, and Restoration Hardware, and other specialty and gift shops, furniture stores and home and garden stores nationwide, as well as through internet megastore Amazon.com, home and garden catalogs, and by home decorators and landscape architects.

If you have purchased one of these products, you should immediately stop use of the product and return the bottles, or jugs, to the retailer where you purchased the product for a full refund.

Continue reading "Your Charleston Personal Injury Lawyers Update Older Posts" »

Over the past week your brain trauma attorneys in Charleston have noticed a lot of vehicle crashes, wrecks, and collisions in the Lowcountry. Since last Thursday there have been four serious motor vehicle accidents, and sadly, all four have been fatal.

In chronological order, the first occurred last Tuesday night (June 21) around 10 p.m. when a man struck a light pole head on in Dorchester County. According to authorities, the man was driving southbound on South Carolina Highway 61 when he hit the traffic light pole at the intersection of United States Highway 17A. The man, who was 32-years-old died as a result of the impact with pole, according to the Dorchester County Coroner's Office. It was also noted in the Post and Courier's coverage of the fatal crash that the man was not wearing his seat belt when his car collided with the pole. It is unfortunate, in the eyes of your South Carolina lawyers at Howell and Christmas, LLC that so many of the accidents and crashes discussed in this blog involve a victim, or victims, not taking the simple safety measure buckling their seat belt.

Later that same night, around 1:00 a.m. Wednesday (June 22), a man was killed after running his motorcycle into a retaining wall as he approached the Ravel Bridge from Downtown Charleston. According to authorities, the 22-year-old Mt. Pleasant man was unable to negotiate a curve in U.S. Highway 17 near Huger St., causing him to the hit the wall, which then ejected him from his motorcycle; he landed over the wall below the overpass. The man was taken to Medical University Hospital, but died later Wednesday Morning. Again, much like the previous incident, the victim in this motorcycle accident neglected a simple safety measure, the motorcycle helmet. While South Carolina Law does not require it, wearing a helmet while on your hog is an effective means to prevent serious injury and death.

Continue reading "Laundry List of Summertime Accidents Catch the Eyes of Charleston Lawyers" »

Your Charleston burn injury lawyers recently learned of a terrifying number of incidents involving ceramic pots filled with flammable gel that have exploded onto consumers and caused serious burns. In some cases these injuries have been life threatening. Since April of 2010 there have been eight instances where consumers have been caught off guard when, either refilling or lighting, their ceramic pots, containing citronella gel to keep the summer time bugs away, have exploded and sent the highly flammable gel onto their bodies.

On May 21, 2011 one of these accidents happened in the Charleston area, West Ashley to be more specific. A woman, her husband, and mother-in-law were sitting on their home's back porch, relaxing and listening to music after a nice family dinner when the husband lit a ceramic firepot full of citronella gel to keep the bugs away. In less than a second after the flame hit the gel, flames engulfed the woman's legs causing second- and third-degree burns, according to today's Post and Courier.

The woman's husband put out the flames out by wrapping his arms around her and smothering the flames, but he also suffered burns in the process. The woman, who is a schoolteacher, was rushed to Medical University Hospital before being transported to a burn center in Augusta, Georgia for treatment to her severe burn injuries.

Since the accident, she has undergone several surgeries and an extremely painful skin graft to repair her badly burned left foot, which she nearly lost because of the incident. For informational purposes, a skin graft is a surgical procedure that removes a healthy patch of skin from part of the body, called the donor site, and transplants it to the damaged area.

Continue reading "Severe Burn Injuries from Firepots and Bug Repellent Fuelgels on the Rise" »

Your South Carolina truck accident attorneys came across an article in Monday's Post and Courier concerning a single tractor-trailer wreck that ultimately took the driver's life. The fatal accident occurred late Saturday afternoon around 6:00 p.m. in Jasper County. According to reports, the 1995 Freightliner went up into flames after the truck crossed the life side of the Interstate-95 median, colliding with several trees.

As of today, investigators are still looking into the incident to determine exactly what happened leading up to the truck's going off the interstate. Also, due to the intense blaze, the driver's body was burned beyond recognition and the Jasper County Coroner's Office is working to identify the driver. More than likely the coroner will cross-reference the driver's teeth with dental records to determine his or her ID.

The article did not mention, and it may yet to be determined, as to the exact cause of death in this accident. Investigators and officials from the coroner's office will probably be looking to see if colliding with the roadside trees caused some form of lethal head injury or body trauma, or if the subsequent fire caused fatal burn injuries, or it could be the case that a combination of collision and burn was the cause.

Continue reading "Weekend Tractor Trailer Wreck and General Considerations if You're Ever Involved in an Accident" »

Your South Carolina car accident attorneys read an interesting article in yesterday's Post and Courier that discusses an alleged illegal sex trade in North Charleston. After weeks of alleged force enslavement and months under federal supervision a 20-year-old immigrant from just outside Mexico City will soon be able to return home because authorities no longer her to testify against a North Charleston woman arrested in connection with a suspected human trafficking case. The reason the immigrant woman is longer needed to testify is because the 28-year-old North Charleston woman, also originally from Mexico, plead guilty to one of the four charges against her.

The 28-year-old woman admitted in federal court, on Tuesday, to harboring an illegal immigrant. However, she did not admit to receiving any financial gain from concealing the 20-year-old. She faces a maximum sentence of five years in prison, a $250,00 fine, and three years of supervised release. If she had admitted to receiving financial gain from the illegal immigrant, she could have faced twice the amount of time in prison. Her sentencing hearing has yet to be determined.

For admitting to the harboring an illegal immigrant charge, prosecutors will dismiss the charges of importing an alien for an immoral purpose, bringing in and harboring aliens, transporting for prostitution, and failing to file a factual statement about an alien. Each of these charges carries a maximum prison sentence of 10 years, 3 years of supervised release, and a $250,000 fine.

Continue reading "Illegal Mexican Immigrant Harbored in North Charleston, Captor Accepts Plea Deal and Immigrant Allowed to Return Home" »

Recently your Charleston brain injury lawyers have been keeping up with the developments in the case of a baseball fan brutally beaten by opposing fans after Opening Day at Dodger Stadium. The incident occurred back in March when a San Francisco Giants fan was returning to his car after a game when he was attacked by two L.A. fans, causing serious injuries from which the San Fran fan is still recovering.

The 42-year-old victim remains in critical condition, but is stable and under heavy sedation, a measure taken by his physicians to prevent seizures caused by the traumatic brain injury he suffered Opening Day. But, there has been some good news for the family and the L.A.P.D., one of the suspects in the attack was arrested last weekend. The 31-year-old man has not yet had charges filed against him and police are still searching for another male attacker and a woman who is suspected of driving the two men away from the scene.

Now, the family of the Giants fan has sued the Dodgers Organization and their owner, claiming security cutbacks made by the organization were, in part, to blame for the vicious attack on their loved one. The lawsuit filed in L.A. Superior Court contends the Dodgers were negligent by not providing enough security and not having adequate lighting in the parking lot where the unprovoked beating occurred.

Continue reading "Family of Seriously Injured Fan Files Lawsuit Against Opposing Team" »

In addition to the four serious motor vehicle accidents discussed in the last post by your South Carolina workers' compensation lawyers, yesterday's Post and Courier also reported on a fatal trucking accident that occurred in Cherokee County.

As the trucking industry continues to grow, serious trucking accidents are increasingly common. When sharing the road with these heavyweights, you are at a clear disadvantage: in trucking accidents, individuals in the passenger vehicles account for 98% of deaths. However, this incident does not side with statistics, the only lives lost in this accident were the driver and passenger in the tractor trailer.

The accident happened Sunday morning when the driver of the truck hit bridge abutment of South Carolina Highway 150 that overpasses Interstate 85.

The impact of truck hitting bridge caused the truck's driver to be ejected from the cab, as well as cause the truck to burst into flames. Sadly, it wasn't until the flames had been put out by responding emergency personnel that the second victim was found in the sleeping cab of the truck.

Continue reading "Tractor Trailer Hits Overpass, Killing Two and Damaging Bridge in Cherokee County" »

The world of professional wrestling lost one of its icons last week when Macho Man Randy Savage lost control of his Jeep Wrangler on Friday morning and crashed into a tree. Initially, it was reported that the Macho Man, whose real name is Ralph Poffo, may have had a heart attack while driving, causing him to lose control of his sport utility vehicle (SUV). But, current reports are saying the cause of the fatal car accident is due to "unknown reasons."

Known as one of the Great Superstars of his generation, the Macho Man made his mark in the wrestling ring and American pop culture with his flashy manner of dress, highly entertaining showmanship, and, of course, his trademark catchphrases, "Ohh Yeeaaahhh," and, "Can you dig it?" Both of which made him an ideal spokesperson for ConAgra Foods, and their Slim Jim jerky products.

The South Carolina car accident lawyers at Howell and Christmas, LLC read this morning, according to Florida Highway Patrol, that the Macho Man was traveling westbound on Florida State Route 694 near 113th Street North in Pinellas County when his vehicle traveled over the raised concrete median divider, crossed the eastbound lanes of SR-694, over the outside curb, and collided head-on with a tree. The Macho Man was taken to Largo Medical Center, where he died.

Continue reading "Charleston Veterans Disability Attorneys Report on Wrestling Star's Death" »

Not too long ago your South Carolina wrongful death lawyers discussed several train accidents that occurred within a 24 hour span, as well as noted how dangerous, not to mention illegal, it is to go around railroad crossing arms when they are down. But, last Friday, Friday the Thirteenth, a dump truck made an illegal left turn onto a set of tracks and was hit by a commuter train.

The monstrous impact of truck and train was described as something similar to an explosion by passengers, sending the train off the tracks, shattering windows, and starting a fire on car one. As for the dump truck, your truck accident attorneys mentioned in the last post on trains that it is highly, highly unlikely for an individual inside a motor vehicle to survive a collision with an oncoming train, and sadly this incident sided with the statistics. The driver of the dump truck was killed.

Thankfully, none of the passengers onboard Metra Train 636 suffered serious injuries. But, 30 or so people, including the train's engineer, were taken to local hospitals after the collision.

Continue reading "Your Charleston Personal Injury Attorneys Talk Train-Truck Accidents" »

A week ago yesterday our Charleston personal injury lawyers mentioned a scary drunk driving accident in which the inebriated driver collided with a school bus before flipping his truck off the road. Fortunately, in that incident, none of the children were injured as a result of the carelessness of the drunk individual.

But, it seems school bus accidents are not only happening in the Charleston area, while browsing internet news this morning the experienced legal team at Howell and Christmas, LLC came across two other instances of car accidents involving school buses. Sadly, a death and numerous injuries were suffered.

Earlier this week, on Monday, a Kentucky school bus overturned when returning 30 first and second graders and a handful of adults from a field trip, according to Kentucky State Police. Officials reported that the bus driver swerved to miss a deer and overcorrected the vehicle, causing the fatal auto accident.

One of the students onboard was pronounced dead on the scene, while twelve other students were rushed to the Western Baptist Hospital for treatment. Injuries included bumps, bruises, and fractures, none of the injuries appeared to be serious or life-threatening. One of the adult chaperones on the bus was also taken to Western Baptist, another chaperone and the bus driver were airlifted to separate hospitals, there were no details as to the extent of their injuries or current condition.

State Police are continuing to investigate this unfortunate instance of child injury and death.

Continue reading "More School Bus Accidents Come Across the Wires" »

Realizing it had been a while since our Charleston medical malpractice lawyers actually discussed medical malpractice, it was timely to come across an article covering a recent court decision in which a woman was awarded $10.5 million for the permanent injuries she suffered from improperly administered anesthesia during surgery.

The 44-year-old woman, and mother of two, brought the medical malpractice case against the Anesthesia Associates of New London, Connecticut for treatment she received back in 2006. According to the online news article and lawsuit, which was filed in 2008, "as a result of the 'carelessness and negligence' of Anesthesia Associates in its pre-operative assessments, use of anesthesia equipment and patient monitoring, [said woman] suffered 'serious, severe, painful and permanent injuries' that caused her to be permanently deprived of her fully ability to carry on and enjoy life's activities.'"

Court documents also showed that the mother of two spent 26 days in a coma, 29 days in the hospitals intensive care unit (ICU), and 45 days doing verbal and orthopedic rehabilitation.

Furthermore, she suffered nerve damage, memory loss, was forced to use a feeding tube and catheter, had a tracheotomy, suffers physiological pain in her feet and elsewhere, as well as psychological and neurological side effects from the procedure gone awry.

Continue reading "South Carolina Personal Injury Lawyers Look North and Find Medical Malpractice Case" »

In yesterday's Post and Courier there were two reports of single-vehicle accidents, both of which claimed a life. Our Charleston motorcycle accident attorneys would like to report on the incident that happened around 7:15 p.m. Sunday evening, first.

A 33-year-old woman was riding as a passenger on a 2008 Honda Motorcycle heading westbound on I-26 when she fell off the back of the bike a mile before the Jedburg Exit, according the South Carolina Highway Patrol. After the fall she was airlifted to Medical University Hospital, where she, sadly, died Monday.

In regards to the fall, it can be assumed authorities ruled it an accident, as no charges will be filed against the motorcycle's operator, a man from Hollywood, South Carolina.

The second fatal accident on I-26 happened Monday afternoon around 2:30 p.m., and also occurred near the Jedburg Exit. A 20-year-old man, traveling eastbound on the interstate, struck a tree in the median and was pronounced dead at the scene, according to the Berkeley County Coroner's Office.

According to the S.C. Highway Patrol, alcohol, marijuana, and cocaine were all found in the car. Their investigation is ongoing.

Continue reading "Two Single-Vehicle Wrecks Claim Two Lives on Interstate 26" »

Last Monday our Charleston auto accident attorneys shared an extremely sad story about fanatical Dodgers followers who inflicted serious head injuries on a 42-year-old Giants fan. The suspects wanted for beating the man senseless had yet to be caught then, and they are still at large.

Today, the Los Angeles Police Department announced they will be putting up 300 billboards in the area in hopes of catching those responsible for the ambush, beating, and nearly fatal injuries suffered by the Giants fan in the first week of the Major League Baseball season.

In better news, the man was taken out of his medically induced coma last week, and has shown positive progress in his cognitive functions, including opening his eyes several times over the last week in response to verbal or physical stimulation. Also, he has shown some movement in his arms and legs, according to his physician.

While the victim's condition improves after the suffering serious brain injuries, police are hoping the 300 billboards in the Los Angeles area will help improve their chances of finding those responsible for the attack.

Continue reading "New Developments In San Fran Fan Who Suffered Brain Injury After Season Opener" »

In conjunction with health and animal organizations, the United States Postal Service is dedicating this week (May 15 to 21) to Dog Bite Prevention. 4.5 million people are attacked by dogs annually, with children, the elderly, and mail carriers being the groups most likely to be bitten, in that order.

Considering this, the Charleston dog bite attorneys want to share some the dog bite prevention tips the U.S. Postal Service has for those susceptible to dog bites and dog owners.

In 2010, more than 5,700 postal employees were attacked by dogs, with the most common scenario of dog bite happening when a customer opens their door to retrieve their mail directly from the carrier. To reduce the likelihood of such an incident, the Postal Service suggests securing pets in another room when retrieving your mail, or waiting until the carrier is off your property to collect your mail.

Also, if you are pet-sitting for a friend, neighbor, or family member, it is especially important to be vigilant in assuring the pet does not get loose and attack an unsuspecting victim. Because, as the experienced dog bite lawyers at Howell and Christmas, LLC know, in South Carolina dog bite cases, any person who has the dog in his/her care or keeping at the time of the attack may be found liable for damages.

Continue reading "North Charleston On the Job Injury Lawyers Recognize National Dog Bite Prevention Week" »

In a Post and Courier article read by the Charleston drunk driving accident attorneys this morning, it was reported that the South Carolina Highway Patrol determined that the driver who struck two vehicles in Moncks Corner on Monday was under the influence of alcohol at the time of the accidents.

The accidents occurred mid-afternoon on Monday, around 2:30 p.m., on Old Whitesville Road. The 24-year-old man who struck the two vehicles was driving a pickup truck when he tried to pass a line of vehicles on the two-lane road. When he turned to get into the line of vehicles he collided with a sport utility vehicle and, scarily, a school bus. Thank heavens none of the four Whitesville Elementary School students were injured in the accident. The young students were transferred to another school bus and taken to their homes. Fortunately, the driver of the sport utility vehicle also did not sustain any serious injuries.

The drunk driver of the pickup was flown to Medical University Hospital after the collision forced his truck off the road and flip. The driver has been charged with driving under the influence and will be taken to Hill-Finklea Detention Center once released from the hospital, according to Highway Patrol.

Continue reading "Drunk Driver Hits School Bus and SUV in Moncks Corner" »

In a good number of posts, our South Carolina personal injury lawyers have discussing relevant sports issues, but this sports related entry is quite a bit different than those in the past. Most of the past sports posts are concerned with serious injuries that can be sustained while in the act of playing sport, while this is about a San Francisco Giants fan who was severely beaten outside the Los Angeles Dodger Stadium in March.

The 42-year-old fan suffered serious head injuries in an unprovoked beating after the season opener for the Giants and Dodgers, according to authorities. Allegedly, two men approached the Giants fan in the parking lot after the game and began punching and kicking him while they yelled profanities about the Giants.

According to police, the assaulters fled the scene of the brutal beating and have yet to be apprehended. Composite sketches of the suspects have been released and officials are offering a $100,000 reward for information leading to their arrests and convictions.

This type of melee is not often found in the United States, sure there are rivalries and bitterness among fans, but savage poundings are more in line with the fanatical hooligans found abroad, not the supporters of America's Pastime.

Continue reading "San Fran Baseball Fan Brutally Beaten In L.A. Is Still In A Coma And Suspects Yet To Be Apprehended" »

On the early morning of February 12th, allegedly, a homeless man entered an unlocked door of Gentiva Health Services, a Mt. Pleasant hospice, walked across the hall, into an 86-year-old woman’s room, and sexually assaulted her. After hearing a scream, a nurse rushed to the room and found the homeless man atop the helpless hospice resident.

Since the attack, the victim’s daughter filed a suit in federal district court in Charleston, contending the hospice failed to provide “reasonable and necessary security.” The suit accuses the hospice’s operators of negligence after the aforementioned attacker gained unchallenged entry into the facility and eventually to the dying woman’s room. The suit seeks unspecified actual and punitive damages.

Charleston nursing home neglect attorneys know the residents and families of residents in hospice facilities are dependent on the caregivers in that setting to provide quality care. When nurses, nurses' aids, doctors, or administrators in a nursing home fail to care for residents' well-being in a manner consistent with standards applicable to that setting, the result may be pain and suffering, or even wrongful death.

Continue reading "Elderly Woman’s Daughter Files Negligence Suit Against Mt. Pleasant Hospice" »

Known to South Carolina personal injury lawyers, and the rest of the country for that matter, as the best-selling vehicle in America, the F-series pickup truck produced by Ford Motor Co., has come under pressure from regulators in Washington.

Last Wednesday, Ford announced it would recall 150,000 F-150 pickup trucks to repair air bags that could deploy without warning. The government contends a fraction of which should be called back and repaired. The recall covers trucks from the 2005-2006 model years in the United States and Canada, for what Ford calls a “relatively low risk” of the air bag inadvertently deploying.

By contrast, the government has urged Ford Motor Co. to recall 1.3 million F-150s from the 2004-2006 model years, citing 77 known injuries from accidental deployment of an air bar. The Continue reading "F-150 Recall, Danger of Inadvertent Air Bag Deployment " »

South Carolina defective product attorneys came across interesting bit of news from the the U.S. Consumer Product Safety Commission (CPSC) regarding a civil penalty imposed upon an office chair manufacturer. Raynor Marketing Ltd., of West Hempstead, New York reached an agreement that has been provisionally accepted by the CPSC to pay $390,00 in penalties. It was alleged Raynor Manufacturing Ltd. was aware of a defect in office chairs sold to consumers, as well as injuries, and failed to report this information immediately to the Commission as required by federal law.

Raynor Marketing Ltd. announced a recall of 150,000 office chairs in October 2009 because bolts attaching the seatback can loosen and detach, posing a fall and injury hazard to consumers. The chairs were sold exclusively through Office Depot stores nationwide and on the retailer's website, officedepot.com.

"Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC."

Continue reading "Civil Penalty Imposed On Office Chair Producer" »

Whether its students, shoppers, or professionals rushing back to the office after lunch, the downtown area of Charleston is rampant with jaywalkers, an issue put in print by Post and Courier columnist Ken Burger last week. But without formal laws on the city books to penalize those objecting designated crosswalks there is little in the way of enforcing safe street crossing, limiting the city's ability to try and prevent pedestrian accidents. While there are some state codes against prohibiting unlawful street crossing, officers have a whole lot more on their minds than a shopper hopping from store to store without using a crosswalk.

Unfortunately, and South Carolina auto accident attorneys have noticed, there have been a number of jaywalkers paying an extreme price for not utilizing crosswalks, in the form of serious injuries and deaths. Over the past five years 18 pedestrians have been killed while crossing Holy City streets, there were five deaths in the last year alone, and in none of the incidents were the victims using a crosswalk.

Continue reading "Charleston and Pedestrians: An Un-Lovely Affair" »

A Brooklyn, New York woman has filed a lawsuit against Coney Island Hospital, claiming that hospital staff botched a routine injection to help treat her diabetes. Allegedly, back in April 2008 the 55-year-old woman went to the hospital for treatment, the staff hooked her up to intravenous solutions, but missed her veins in both arms, allowing potassium chloride to rot and eat away the skin around her elbow and underlying tissue. In general, any IV solution that leaks out of the vein can cause irritation or bruising, but the serious injuries and damage done in this incident represent an extremely unusual occurrence.

Since the negligent incident, she has hired an experienced medical malpractice attorney to assist her in claiming the damages she, and her legal representative, feel she is entitled.

The city has offered a settlement, but it is not an amount that seems satisfactory to the woman's lawyer who claims she suffered damages "in the millions." Despite this claim the city is not willing to budge on the unspecified amount offered. The case was heard in Brooklyn Supreme Court in November as part of the court's effort to mediate, this and other, medical malpractice cases. It was at this hearing that the woman's attorney rejected the paltry amount offered by the city. It was reported the injured woman felt insulted by the figure.

Continue reading "Woman With Diabetes Sues Hospital Over Negligent Treatment" »

This is the second of a two part post concerning guns and gun control in the United States. With the recent shooting that caused serious injuries and wrongful deaths in Arizona, gun regulations have come under scrutiny, but as mentioned in Part 1, scrutiny hardly materializes into legislative change. This all happens to come as major American gun manufacturer, Remingtion, has been investigated for defects reported in their 700-series rifle.

South Carolina wrongful death attorneys know the importance Remington has played in history as an iconic American gun manufacturer, they also know South Carolinians enjoy recreational hunting and can be seriously injured or killed by defective firearms.

A 10-month investigation by news source CNBC recently uncovered thousands of complaints and over 75 lawsuits against Remington for alleged unintentional discharges from the 700-series rifle. The Remington 700 is an extremely popular model with over 5 million units sold, yielding America's oldest company still producing its original products hundreds of millions of dollars in revenue over the last 60 years. Remington tags the Model 700-series as the "firearm of choice" for America's military and law enforcement communities.

Continue reading "Howell and Christmas, LLC On Guns: Part 2 of 2" »

In lieu of recent tragic events in Arizona, large arms manufacturer Remington coming "Underfire," and the reevaluation of gun laws in the United States, Charleston personal injury attorneys have decided to take a look at the "gun issue."

In regards to the Arizona shootings that caused serious brain injuries to democratic congresswoman Gabrielle Giffords after her being shot in the head, there is much debate as to whether tighter gun control will prevent similar incidents to the Tucson shooting that took six lives of the 19 shot by crazed, indicted gunman Jared Loughner. Now, two weeks after the shooting, Gifford is able to stand, but her rehabilitation is just starting. She will have to relearn to think and to plan, and it is uncertain at this point if she able to speak or how well she can see.

The shooting has left legislators ill at ease, some are concerned for their own safety and some are calling into question the relatively easy process of obtaining powerful assault rifles in the U.S. But, there are those on Capitol Hill who maintain their position that individuals are entitled to bear arms, as the second amendment puts it, and would describe mass shootings like the one in Tucson as an "isolated incident."

Continue reading "Howell and Christmas, LLC On Guns: Part 1 of 2" »

This post is the conclusion of a three part post discussing a fatal auto accident in which the poor condition of an Alabama interstate played a central role. Part one can be accessed by clicking here, and part two can be found here.

South Carolina auto accident lawyers mentioned in the last remarks of Part 2, both drivers in the incident were not found at fault because it was determined by an investigation conducted by Alabama state troopers that both drivers were observing the speed limit and driving in a safe manner. It was also determined, and noted in the official report, that the defective highway conditions were a contributor to the serious auto accident that killed a wife and mother of two pre-schoolers.

Unfortunately, the federal government does not keep statistics on how many auto accidents and deaths are caused by poor road maintenance. So it is difficult to determine the frequency of such sad incidents that occur similar to that of the Goose Creek family that has been discussed over the past two posts. However, it is known that of the 123,470 wrecks involving motor vehicles last year in Alabama, 33 of those were on roads with ruts, potholes, bumps, and crumbles, according to state trooper reports and study done for the Associated Press by the Center for Advanced Public Safety at the University of Alabama. The study concluded that none of the injuries incurred in those 33 wrecks were directly blamed for the condition of the road, nor were there any deaths. Interesting results as they somewhat suggest the event discussed over the last two posts was some sort of freak accident.

Continue reading "Highway's Defects Cause Wrongful Death: Part 3 of 3" »

Over the holidays South Carolina Auto Accident Lawyers came across an article in the Post and Courier that outlines an unfortunate incident that resulted in a beloved wife and mother's death. Due to the length of the article and seriousness of the incident, involving highly unsafe highway defects, this entry will be divided into three parts.

Last March while returning to their home in Goose Creek, a family of four, traveling in a green Ford pickup suffered a fatal blow, but not from another vehicle traveling on the interstate, but from a piece of the interstate itself. The couple was sitting in the front of the truck, husband driving and wife riding, with their two young children in safety seats behind them when an Alabama fragment of Interstate 20 came through the windshield striking the wife, causing serious head injuries, narrowly missing the pre-schoolers, and flying out the truck’s cab.

The fatal fragment came from a recently repaired pothole; a pocket of jagged bits of concrete covering half of the slow lane, and was flung into the air by a 1995 Toyota Camry. The driver of the Camry was a single mother who was simply giving a friend a ride to the other side of the Georgia line. Although the 23 year-old driver knows she was not at fault in the accident, it is reported she is still haunted by the incident, especially since her only form of transportation remains her blue 1995 Camry.

Continue reading "Highway's Defects Cause Wrongful Death: Part 1 of 3" »

In the middle of last week, a store clerk in the state's capital made a call to police because a man was causing a disturbance in the store. Not long after that the man ran from the store into the road near Providence Hospital in Columbia and was struck and killed by a firetruck, according the South Carolina Highway Patrol. There was another man hit by the truck, but he did not incur serious injuries and was promptly treated and released.

The Fire Chief Aubrey Jenkins of the Columbia Fire Department said the truck was responding to a hazardous-materials call and the unit had both their lights and sirens on at the time of fatal pedestrian accident. The collision occurred around 11:30 p.m. and South Carolina auto accident lawyers took note that a Post and Courier article mentions that both the men hit by the truck were dressed entirely in dark clothing, making them extremely hard to see in the middle of the night.

Continue reading "Two Columbia Men Struck by Firetruck Responding to Haz-Mat Call" »

South Carolina wrongful death lawyers find the settlement in this tobacco case particularly interesting because it is the first wrongful death suit of its kind. In recent memory lawsuits have been filed against big tobacco for their production of cigarettes, but this suit was filed against makers of smokeless, chewable tobacco products. In past lawyers focused primarily on cigarette producers because of stronger evidence to back their claims that cigarettes were directly correlated with causes of death.

The makers of Skoal and Copenhagen, the U.S. Smokeless Tobacco Company, have settled with the family of a Canton, North Carolina man for $5 million. The man began chewing tobacco when he became a teenager and died from mouth cancer in 2003 at the age of 42. With such lucrative results in this case it is believed that similar, subsequent lawsuits will be filed against Altria, the firm that acquired U.S. Smokeless Tobacco last year, and other smokeless tobacco producers. This proves that plaintiffs, who have suffered wrongful death and serious injury, can target makers of Skoal, Copenhagen, and the like, and be successful.

The case was initially filed by the Canton man's wife in 2005 a couple of years after he died from cancer of the tongue. Leading up to his death he had had multiple surgeries to remove his tongue. It is highly common for mouth cancer patients to lose parts of their mouth, either from surgical procedures to remove cancerous regions or the tissue in the mouth simply wastes away.

Continue reading "News for Charleston Tobacco Chewers and Families" »

In an unfortunate and somewhat strange incident, a 21-year-veteran of the South Carolina Highway Patrol was in a deadly auto accident involving only his patrol car. South Carolina injury lawyers found this news in in a Post and Courier report. The State Trooper was killed instantly in the crash, which happened back in March of this year. But, new information has been brought to light about the incident that surrounds the death of the trooper in mystery.

Lancaster County deputies say that after tests were run it can be determined that the 45-year-old trooper was driving anywhere between 104 and 111 mph at the time of accident. The spot of the crash was six miles south of Lancaster, South Carolina on state highway 200 at a point where a side road intersects at an odd angle with the highway.

Continue reading "South Carolina State Trooper Dies in High-Speed, Single Vehicle Accident" »

Injury attorneys of Charleston took notice of the Post and Courier's report of a South Carolina educator that died in a single vehicle accident after the 29-year-old middle school teacher’s car ran off the road and overturned, according to authorities. The Rosemary Middle School teacher in Andrews was not wearing a seat belt at the time of the crash and was ejected from the vehicle. The Berkley County Coroner reported that the accident caused fatal body and brain injuries.

The Huger woman was returning home from a trip to Charleston in her Chevy Cobalt, traveling eastbound. According to S.C. Highway Patrol, when the teacher’s car crossed the centerline, an overcorrection to right the vehicle caused it to flip into a ditch. In the minds of South Carolina car accident lawyers, the most ill-fated feature of the mid-evening crash is that it took place only a half-mile from the teacher’s home.

Continue reading "Rosemary Middle School Teacher Killed in Single Car Crash" »

A Myrtle Beach man and woman were traveling north in the southbound lanes of U.S. Highway 17 when they collided head-on with a semi heading in the opposite direction. Charleston truck accident attorneys read in the Charleston County Deputy Coroner. Both the woman and the man were transported to the Medical University of South Carolina, where the woman died and the man received treatment to serious injuries sustained from the accident.