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 " »

With the weather getting colder in (some parts of) South Carolina, your Charleston personal injury attorneys are reminded of an auto and trucking accident case from the 1930s. The case presents the concept of a "duty to warn," and also serves as a great reminder for truckers and drivers to take extra precaution when traveling in wintry conditions.

Now into the meat of the case: A pair of Trucking Co. trucks stalled on an icy highway in South Carolina, completely blocking the road. Because of the position of the stalled trucks at the base of a hill, a car coming over the hill would not the trucks until they had come over the crest of the hill and started making its way down. Essentially, without effective warning, a car coming down the hill would be unable to avoid a collision with the stalled trucks.

In fact, there was a collision with a vehicle coming down the hill. The car's driver sued the trucking company for personal injuries suffered due to negligence on the part of trucks' drivers to post effective warning.

Continue reading "Icy, Wintry Road Conditions Pose Serious Danger to South Carolina Motorists" »

Today your Charleston negligence attorney took note of an article coming from the South Carolina Upstate in which a Greenville man was sentenced after pleading guilty to felony driving under the influence in connection to a fatal car accident. The accident occurred back in January 2011 when the 34-year-old man drove his wife's SUV off the side of a road in Cleveland, SC--located about 20 miles from Greenville, SC. The Travelers Rest Tribune reported that after driving off the road the man proceeded down a steep embankment and struck several trees, causing serious injury to passenger. Once the vehicle came to a stop, the man fled the scene leaving the vehicle's passenger still buckled in his seat. A passing motorist noticed the wrecked vehicle and had the good sense to dial 911, but, unfortunately, the passenger in the SUV was found deceased upon the arrival of EMS.

The man's departure from the scene of the accident reportedly led emergency personnel to believe the driver of the vehicle had been ejected from the SUV. Subsequent investigation by troopers of the South Carolina Highway Patrol, however, found that the crashed vehicle was registered to the driver's wife. An open container of beer and milk jug smelling strongly of some undisclosed type of alcohol were found inside the wrecked SUV. According to reports, an unidentified man came to the scene of the drunk driving accident and informed authorities that the driver-in-question had approached him earlier at his home, and solicited a ride to his own.

Authorities were able to apprehend the drunk driver after his wife brought him back to the scene of the accident. Authorities took note of the smell of alcohol about his person, and scrapes on his face, according to The Travelers Rest Tribune, prior to the man admitting he was the driver of the crashed SUV. The man was transported by EMS to a local emergency room, where a blood sample revealed marijuana metabolites and a blood alcohol content (BAC) of 0.111--well in excess of the legal limit of 0.08.

Continue reading "Greenville Man Sentenced in Connection with Fatal, Single-Vehicle Drunk Driving Accident" »

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" »

Over the last few weeks your Charleston, SC attorney has been discussing serious injuries related to pharmaceutical and medication errors. Below are two unrelated instances in which middle-aged women entered hospitals for treatment of a specific condition, suffered complications due to hospital mistakes, and were ultimately much worse at release than when admitted to the respective hospitals' care.

A civil jury in the Bronx awarded a brain-damaged woman a sum around $120 million for a series of New York City hospital mistakes. The sum is the one of the largest ever awarded in a medical malpractice verdict in the State of New York. The brain injury stems from a February 2004 hospital visit for a seizure. According to the now 45-year-old woman's medical malpractice lawyer, medical personnel mismanaged the woman's medications, failed to respond swiftly to "crises" and did not provide essential treatments. After receiving anti-seizure medication, the woman suffered an allergic reaction, causing severe swelling in her face, eyes and throat. The condition is known as Stevens-Johnson Syndrome and is an extremely rare and severe skin disorder that is due to an allergic reaction or viral infection, and constitutes a dermatological emergency.

An appeal of the monstrous verdict appears to be imminent as the city claims the award is excessive, saying the judgment is neither consistent with the law nor the facts of the case. Citing that the woman earned less than $40,000 a year as a claims adjuster, but was awarded $10 million in lost earnings, and further explaining that her past medical costs totaling $583,000 (and covered by Medicaid) were compensated by the jury in the amount of $5 million. To note, it has been long been considered that civil juries in the Bronx are the most generous in New York City. In fact, a personal injury lawyer told the Associated Press in 1990 that "If I'm a plaintiff, I rather be there than anyplace in the world."

The woman's medical malpractice attorney was quick to point out that even if the specific awards mentioned above are excessive, combined they only amount to a little more than 10 percent of the total verdict.

Continue reading "Major Medication Error and Malpractice Lawsuits Outside South Carolina " »

Since last Thursday Charleston area news coverage has been dominated by a Goose Creek apartment fire that has taken a total of four lives, including a young child and the girlfriend of the man accused by building residents for starting the fire. And your Charleston personal injury attorneys have taken a keen notice of new developments and information concerning this tragedy. Below there is a basic outline of the known facts surrounding the incident, as reported by local news sources. Additionally, there is some brief information detailing liability, nuisance, and negligence issues that may arise for property owners and landlords in the event of a meth lab explosion.

Authorities investigating the apartment fire have indicated the blaze was started by methamphetamine lab in one of the apartments. Local reports note that several residents logged complaints with the building's management prior to the blaze about suspicious behavior in, and strange smells coming from, the individual apartment that is alleged to have contained the lab. Tenants say their complaints were either ignored or met with threats by the complex's managers.

In sum, the fire is reported to have torn through 16 units of the apartment complex, displacing 46 of the building's residents, close to half of which are children.

Continue reading "Berkeley County Apartment Fire Ignited by Meth Lab Kills Three, Displaces Dozens" »

Your Charleston personal injury attorneys read yesterday that the Mid-Town Atlanta dental practice that employed a nurse anesthetist sentenced to life plus 25 years in prison for sexually assaulting sedated and unconscious patients now faces a pair of civil lawsuits. According to the Atlanta Journal-Constitution, the suits were filed by the parents of a 15-year-old girl and the other by an adult patient. The suits, filed in Fulton County state court, assert that the sexual assaults could have been prevented if the anesthetist had not been left alone with the patients and if the dental practice had taken proper steps to ensure the patients' safety while they were sedated. Further, the suits state the patients faced "an unreasonable risk" of harm.

According to the minor's suit, she arrived at the Marietta dental practice on July 29, 2009 for extensive surgery, left alone with the anesthetist and administered anesthesia, rendering her "unconscious, defenseless and completely dependent" on the anesthetist behind closed doors. The suit states the anesthetist lifted the minor's clothing and proceeded to record himself sexually assaulting the teen in her incapacitated state. Also according to the lawsuit, the 15-year-old, since the 2009 attack, "has suffered, and will continue to suffer for the rest of her life, physical and emotional injuries." Just three months earlier a similar such attack occurred at the same Marietta dental practice, according to the second lawsuit. The above-mentioned adult patient was awaiting surgery on April 29, 2009, and, again, was sedated, assaulted and videotaped while unconscious in the anesthetist's care.

Four months after the sexual assault on the teen (November 18, 2009), the anesthetist was arrested after a female visiting the dental practice discovered the anesthetist's cell phone attached beneath the bathroom sink with the phone's camera directed at the commode. Upon the phone's finding, police searched the device and found multiple images of women in the restroom. During his criminal trial, prosecutors described the anesthetist as a serial pervert who assaulted a total of 19 patients, including one during childbirth. To note, the anesthetist also worked at a Cobb Hospital. In addition, secret videotapes were discovered by authorities of women in the bathroom of his Marietta home. In an April 2011 bench trial, the anesthetist was found guilty on 34 charges that included sexual assault of a person in custody, aggravated sodomy, aggravated child molestation, and unlawful surveillance. In November he was sentenced to the aforementioned prison term and will not be eligible for parole for 55 years. Also at the bench trial, the anesthetist's criminal defense attorneys, at the request of their client, offered no defense and called no witnesses.

Continue reading "Dental Practice Faces Civil Suits Related to Former Employee's Sexual Assaults on Sedated Patients" »

A recent article found online by your Charleston personal injury attorney not only prompted a discussion of the case, but also the implications of aging as it relates to driving. The estate of a woman who died from serious injuries related to her being pinned between a concrete wall and a Cadillac operated has been awarded $525,000 in a New Jersey jury trial. According to an initial report, the 59-year-old woman was sitting in the front seat of the 2005 Cadillac STS, and was the driver's full-time home health aide. At the time of the serious car accident (2008), the male driver of the vehicle was 81-years-old and stems from the caregiver's getting out of the vehicle to direct the elderly gentleman into a parking spot at a local diner. After being struck and pinned the health aide was transported to a medical facility where she was subsequently pronounced dead.

Back in 2008 it was expected the 81-year-old man would be issued a court summons and requited to take a driver's license re-examination. See below for a more extensive look into elderly driving.

While both sides agreed that the elderly gentleman was negligent in the accident, at issue were the caregiver's job description, and whether the family could file suit. The defense argued that the caregiver, who was paid $100 a day to cook and clean, was an employee of the elderly man and died while in her capacity as his aid. Thus, because an employee injured or killed on the job is typically covered under workers' compensation, the caregiver's estate cannot sue an employer. By contrast, plaintiff's counsel likened the position to an independent contractor who would not be covered under workers' compensation. Therefore, the family is entitled to bring a wrongful death lawsuit. Further, plaintiff argued, since the elderly man did not expend payroll taxes and had no written contract with his caregiver, he was not her employer, and she was not covered under workers' compensation.

The two-week trial concluded with the eight-person jury siding with the plaintiff's argument, deeming the caregiver an independent contractor, and ultimately awarding the woman's family the aforementioned sum to the caregiver's family. While such sums are helpful in fulfilling a family member's last will and testament, as well as settling final expenses, no amount of money can return a mother and grandmother.

Continue reading "Wrongful Death Decision Prompts Discussion on Senior Citizens and Driving" »

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" »

While it may be mentioned often on the Howell and Christmas, LLC law blogs, distracted driving has yet to be a headliner, or the main topic of a Charleston car accident lawyer entry. Distracted driving constitutes any and all activities that direct a driver's attention away from the road, surrounding vehicles, and/or surrounding conditions that require focus for a driver to be safely operating his/her motor vehicle. Most often, when one thinks of a distracted driver, the image comes to mind of an individual with a hand on the wheel, phone in the other, while eyes dart back and forth between road and screen, seemingly far more concerned with the screen. But distracted driving goes well beyond the texting, checking an email, and making a phone call. Not to downplay the risk these cell phone related activities pose to someone behind the wheel, but even routine things like changing a CD can put lives in danger. Maybe yours. Maybe someone else's. Maybe both. It only takes one-second for everything to change when driving a car.

It is a common misconception that is distracted driving is only associated with inexperienced, text-obsessed teenage drivers. Distracted driving is not just a teen problem; it is an everyone problem according to Joel Feldman, founder of the nonprofit endDD.org. According to endDD.org, only 18 percent of distracted driving fatalities can be attributed to cellphone use, just about everything else accounts for the other 82 percent: eating and drinking; talking with other passengers; grooming; reading; using your vehicle's navigation system; and, as mentioned before, adjusting your music. Sure, many states have laws prohibiting drivers from using cell phones while operating a car, but it would be outrageous to expect legislators to wrestle with the language for an "anti-CD changing statute," besides reckless driving charges can include some of those above mentioned distractors. Thus, it is extremely important for all drivers to take it upon themselves to eliminate their own distracted driving practices. Doing so could make the difference between being responsible for a serious car accident, and avoiding certain collision.

Continue reading "Charleston Personal Injury Attorney Talks 'Distracted Driving'" »

Over on the South Carolina Child Injury Lawyer Blog, your Charleston, SC lawyers at Howell and Christmas, LLC have been discussing pharmacy errors and resulting serious injuries and deaths from those errors. Recently your Charleston personal injury attorney read about a lawsuit in which a jury will decide if a woman is unable to work because she stopped breathing and suffered brain damage resulting from oxygen deprivation after a physician allegedly over prescribed methadone for pain or whether her injury stemmed from other medical conditions. The 59-year-old woman sued the physician three years ago and is seeking $2 million in damages.

The woman had worked for the Maine Department of Health and Human Services for 18 years when she decided to take a medical leave of absence in 2006 to deal with her chronic back pain. Around that time her primary care physician referred her to the defendant in this case. The defendant was using Prolotherapy to treat patients with chronic pain. The treatment included injections into the area around her spine that, according to the Prolotherapy website (www.prolotherapy.org), caused localized inflammation designed to promote “a wound healing cascade.” The defendant prescribed methadone for the pain resulting from the treatment on August 30, 2006.

According to reports, 48 hours later the woman’s fiancé awoke in the middle of the night realizing she had stopped breathing. He was able to revive her but the woman suffered brain damage that affected her ability to multitask and perform tasks that require a high level of brain functioning. The types of things jobs require, her medical malpractice attorney told the jury. He went on to tell jurors, “Before the brain injury, she was the caretaker in the family. Now she needs taking care of.”

Continue reading "Verdict Returned in Favor of Woman Who Suffered Brain Damage After Doctor Overprescribed Methadone " »

Thanks to the Post and Courier, the South's Oldest Daily Newspaper, your Charleston personal injury lawyers have been made aware that April is National Sexual Assault Awareness Month. And in an effort to educate, prevent, and treat victims of sexual assault, officials with the South Carolina Coalition Against Domestic Violence and Sexual Assault held a press conference yesterday morning to talk about the offerings at sexual assault centers across the Palmetto State. The press conference was held at the South Carolina Statehouse in Columbia.

In other South Carolina news, an 84-year-old Charleston man has been charged with felony driving under the influence (DUI) after his Saturn Vue struck a stopped motorcycle in West Ashley. The 29-year-old motorcyclist suffered serious bodily harm in the accident, thus warranting the felony DUI charge against the elderly driver of the SUV. According to reports, the auto accident occurred around 11:00 p.m. at the intersection of the Glenn McConnell Parkway and Magwood Drive. Reportedly, the elderly driver had a green arrow to travel northbound on the Parkway from Magwood, but turned southbound into oncoming traffic, hitting the parked 29-year-old on his Honda motorcycle. He was transported to Medical University Hospital with several pelvic fractures and in serious condition. The elderly man, according to the incident report, was uninjured in the drunk driving accident with a blood-alcohol level of 0.13. He is currently jailed at the Charleston County Detention Center.

Yesterday evening, while directing evening traffic on Folly Road near Grimball Road, one of Charleston's Finest was struck by a sport utility vehicle (SUV). Miraculously, the deputy sheriff was taken to Medical University Hospital with non-life-threatening injuries. Your Charleston personal injury attorney uses "miraculously" because one witness to the accident noted the high speed of the SUV and that the impact sounded like two vehicles had collided. According to reports, the accident is still under investigation and possible charges against the driver had not been disclosed.

Continue reading "Around Charleston and Across the Palmetto State" »

Today your Charleston personal injury attorneys learned that a week ago last Friday, at the conclusion of weeklong medical malpractice trial, a jury awarded a widower $2.4 million whose wife died of complications from a gynecological surgery. According to the Pickens County Clerk of Court, the award is believed to be the largest verdict from a lawsuit in the County. For those who don't know, Pickens County is located in Upstate, South Carolina and is apart the Greenville-Mauldin-Easley Metropolitan Statistical Area.

The medical malpractice lawsuit stems from an October 2007 surgery in which attorneys for the Plaintiff (the aforementioned widower) argued that the treating surgeon perforated the deceased wife's bowel during the procedure and then delayed treatment of the problem, resulting in the wife's death on November 12, 2007 in Easley's Palmetto Health Baptist Hospital. Defendants' (surgeon and Easley Ob-Gyn Associated) lawyers contend that the bowel injury is a risk of the procedure performed on the deceased wife and, furthermore, argue that a timely diagnosis and treatment were provided once the problem was recognized. Plaintiff's lawyers expect the Defendants will appeal the verdict.

Reports do not indicate the specific kind of gynecological surgery that was being performed at the time of the bowel perforation. But according to Medicine Plus, a service of the United States National Library of Medicine, bowel perforation is hole that develops through the entire wall of the large bowel, is considered a medical emergency, and, as we have seen in the above case can be caused by surgery. With an opening in the bowel, the contents held therein are emptied into the abdominal cavity, frequently resulting in blood infection, which, if left untreated, can cause almost immediate death due to the inability of major organs and body systems to function properly. Surgery to treat the perforation is usually successful, but dependent upon the severity of the hole and the length of time to treatment.

Continue reading "Jury Award in Pickens County Believed to be Largest to Date and General Medical Malpractice Considerations" »

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" »

Your Charleston, South Carolina attorneys at Howell and Christmas, LLC are all too familiar with the dangers 18-wheelers, semis, tractor-trailers, or whatever you like to call them present to drivers in smaller, everyday vehicles. The trucking industry is extremely valuable to our local economy; trucks are constantly moving goods from Charleston area ports to the interior of the Palmetto State and beyond. But as this industry continues to thrive and grow, accidents involving these behemoths of the road and everyday driver have become more and more common. In recent weeks there have been two serious car accidents involving semis and have caused a death, as well as send numerous people to the hospital.

First, a Walterboro driving his pickup along South Carolina Highway 311 near Cross, South Carolina collided with an 18-wheeler. The trucking accident happened some time ago (January 25, 2012), but the man remained alive at Medical University Hospital for nearly a week before passing on due to the serious injuries suffered as result from his crash with the 18-wheeler. The Post and Courier's brief report of the wreck noted that the South Carolina Highway Patrol's investigation into the incident is ongoing. Thus, there is no information as to which party, the 56-year-old Walterboro man or the unspecified truck driver, was at fault in the fatal accident.

While the first incident involved a man from Walterboro, this second tractor-trailer accident occurred near Walterboro, South Carolina. According to a Post and Courier report, an 18-wheeler caught fire struck two cars after they had collided on a bridge near mile marker 55 on Interstate 95. The collision caused the two vehicles to enter the path of the semi. After striking both vehicles the semi veered off the Interstate and into the median. Upon leaving the road the truck hit several trees, causing the refrigerated trailer containing fresh vegetable to rip open and spill onto the roadway. Additionally, the turn overturned and the cab caught fire.

Continue reading "Recent South Carolina Trucking Accidents Provide Basis for Discussion of Industry as a Whole" »

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" »

While redundant, the warnings of drinking and driving, no matter the source, don't seem to be taken as seriously as they should by Americans. Everyday your South Carolina injury lawyers at Howell and Christmas, LLC come across a seemingly endless stream of tragic articles outlining drunk driving accidents that kill, injure, and/or ruin lives. Yet, despite the dangers being well known, individuals from every background continue to make the poor choice to operate a motor vehicle after consuming alcohol.

According to a recent survey conducted by the Centers for Disease Control, 4 million Americans admitted to driving drunk in 2010, accounting for 112 million episodes of drunk driving in the same year. Although, these numbers are self reported, thus the true number is certainly higher. But, on the bright side, the statistics show that drunk driving is down 30% since 2006, which shows improvement in our attitude towards drinking and driving, but its still a problem.

To help limit the number of drunk drivers on the road the Centers for Disease Control offer a few suggestions, including more widespread and frequent use of sobriety checkpoints, stronger enforcement of the minimum legal drinking age (21) to help keep young inexperienced drivers from driving drunk, and using ignition interlock systems to prevent drivers convicted of drunk driving offenses from operating their vehicles if they have been drinking. Also, its important in social situations to be aware of friends or family members who may want to drive after having too much to drink, preventing someone from getting behind the wheel could save lives.

In general, as a driver or passenger in a car, the best defense against the threats posed by a drunk driver is to buckle your seat belt.

Continue reading "Despite Yearly Numbers on the Decline, Drunk Driving Accidents Still Rampant" »

Last week your Charleston accident lawyer posted an article concerning the South Carolina Department of Transportation's efforts to make a portion of Interstate-95 in Colleton County safer by trimming the trees in the interstate's median. Unfortunately, as your Charleston negligence attorney found out this morning while reading today's Post and Courier, these safety measures couldn't prevent a fatal tractor trailer accident from occurring along I-95. According to reports, an 18-wheeler traveling south on the interstate went off the road into the median strip around 9:00 a.m. yesterday morning. After running into the median the truck overturned, pinning the 51-year-old driver underneath the massive vehicle. According to the Colleton Country Coroner's office, the truck driver was pronounced dead at the scene, and the Coroner's Office and the South Carolina Highway Patrol are continuing their investigations into the single-vehicle accident.

Also according to today's Post and Courier, several agencies in the Charleston area have received moneys from the South Carolina Department of Public Safety by way of a Highway Safety Grant. In turn, agencies like the Dorchester County Sheriff's Office will be stepping up traffic enforcement to keep car accidents and traffic fatalities low. It comes as no surprise to the lawyers at Howell and Christmas, LLC that the Palmetto State is giving these grants out after numerous studies have pointed to South Carolina roadways as some of the nation's most deadly, and it is great to see the State taking a proactive approach to tackling a serious problem. But, with that being said, throwing money at a problem is never a definitive solution, and it will take a mindful effort by all South Carolinians to reduce the number of auto related accidents, injuries, and deaths in the Palmetto State.

The grant moneys in Dorchester County will not be used to hire traffic personnel to go out and work wrecks after they've happened, but rather to hire two new full-time deputies whose job will be strictly devoted to preventative traffic enforcement. Ultimately, the goal for the County is reduce the number of car accidents, serious injuries, and wrongful deaths by putting the focus on preventing traffic violations, which will include the newly hired deputies speaking to groups on safe driving practices and collision prevention. Additionally, the Dorchester County Sheriff's Office said that there will be a noticeable increase in driving under the influence (DUI) enforcement in hopes of reducing the number of drunk driving accidents.

Continue reading "State Agency Gives Grants to Tri-County Agencies in Hopes of Preventing Traffic Violations and Accidents" »

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 week, your Charleston lawyers at Howell and Christmas, LLC came across a report of a young man from Moncks Corner who pleaded guilty to charges stemming from a fatal drunk driving accident that happened in rural Berkeley County three years ago. The young man, now 21-years-old, was charged with felony driving under the influence (DUI) after an October 2008 car accident killed a 17-year-old Berkeley High School football player. But, the now 21-year-old pleaded guilty to reckless homicide, a lesser charge, and sentenced to 10 years in prison. However the sentence is suspended to three years in prison followed by five years of probation, which means if the young Moncks Corner man keeps on the straight and narrow for three years, he will be released. But, if any behavioral issues arise, he could spend a larger part of his 10 year sentence in prison.

It was noted above that reckless homicide was a lesser charge than what the young man was initially charged, felony DUI. The reason reckless homicide considered lesser is because the penalties are less severe. Had the young man and his lawyer, if he was represented, decided to have the felony DUI taken to trial and lost, he could have been sentenced to a maximum of 25 years in prison, as opposed to the maximum of 10 for the charge of reckless homicide. Without knowing the facts and evidence surrounding this case, and only taking into account the age of the Moncks Corner man, it is a safer bet to accept the three years of prison time and probation than risk having to serve a sentence that exceeds the time you have been alive.

If you look back to a couple past entries posted by your lawyers in Charleston, there a couple posts that discuss some unfortunate statistics concerning the safety of South Carolina roadways. While the Palmetto State may be home the nation's deadliest roads and highways, it appears that the State Department of Transportation has taken notice and are making strides to improve the safety of our State's thoroughfares.

Continue reading "Young Man Pleads to Lesser Charge in Drunk Driving Accident and DOT Takes Strides to Make South Carolina Interstate Safer" »

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" »

Around a month shy of a year ago your Charleston personal injury lawyers posted an entry concerning the settlement made between New York City and those who sustained work related injuries in the ground zero rescue and cleanup efforts. Now some of those more than 10,000 fire fighters, firefighters, police officers, volunteers, and others who sued for injuries and illnesses, primarily respiratory, which were said to be linked to the City's failure to provide proper protective gear, are looking to share in a $55 million bonus settlement. The bonus comes under the terms of agreement in the original settlement, because more than 99% of plaintiffs accepted the settlement they are entitled to a share of the extra moneys.

However, the judge that signed the order granting the bonus payments last Thursday has ruled that the injured workers will not have to pay lawyers' fees on the increased settlement. Needless to say, plaintiffs' lawyers are unhappy that they are not entitled to a percentage of said bonus payments. Prior to these forthcoming payments, lawyers' fees were set at 25% of the settlement amount.

All in all, the more than 10,000 plaintiffs in the case stood to receive an amount in the neighborhood of $725 million when agreements with other defendants were factored in, translating to about $187.5 million dollars in lawyers' fees after expenses. The New York Times pointed out an interesting comparison, counsel for the City and other contractors have already made more than $200 million.

The reasoning behind the judge's ruling, he writes, "Such fees, taken after plaintiffs' counsel have had all their expenses paid out of the settlements fund, are more than sufficient to compensate counsel for their representation." It must be mentioned that this same judge has presided over the workers' litigation for seven years before a settlement was reached last year, and some feel barring plaintiffs' counsel from receiving further compensation is keeping with the disposition of his past rulings.

Continue reading "9/11 Settlement Bonus Payments Cause Dispute" »

The last entry posted by your Charleston accident lawyers discussed the outcome of a three month long investigation into a fatal motorcycle accident in which a young woman fell off the back of the bike. It was determined by authorities that the male operator of the vehicle was at fault in the accident and now faces serious criminal charges. Sadly, today's post also concerns a fatal motorcycle accident on Interstate-26. The collision occurred at the beginning of this week in the Columbia area in the eastbound lanes between Interstate-126 and U.S. 378, according to the South Carolina Highway Patrol.

The South's oldest daily newspaper, the Post and Courier, reports that a 28-year-old man from Cayce (near West Columbia) struck a horse trailer being hauled by a Chevy sport utility vehicle (SUV). Fortunately, the 67-year-old driver of the SUV was wearing his seat belt at the time of the accident and was uninjured in the collision. The crash caused both the motorcycle and the trailer to catch fire. Reports note that the motorcyclist was killed in the accident, but does not mention whether the cause of death was due to burn injuries suffered in the blaze, nor does the Post and Courier's report disclose if the 28-year-old was wearing a helmet at the time of the crash.

While your experienced personal injury lawyers at Howell and Christmas, LLC have posted blog posts in the past involving dog bite injuries, it is a first for the South Carolina Injury Lawyer Blog to note an accident involving horses. Although the driver of the SUV hauling the horse trailer was able to escape the serious accident unscathed, the horses in the trailer were lost in the fire.

Continue reading "Motorcyclist Killed Near Columbia After Collision with Trailer" »

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" »

As is the case with many South Carolina injury lawyer blog posts, there are often new incidents that bear a striking similarity to older entries, and this one is no different. Earlier this summer there were a couple entries posted concerning fatal auto and truck accidents involved with trains. And in today's Post and Courier there was an article reporting on another of these devastating accidents, however, by some miraculous means, this incident did not take any lives.

This past weekend, more specifically Saturday night around 11:30 p.m., a car sitting on the railroad tracks at U.S. Highway 52 and Red Bank Road was struck by a train. The driver of the vehicle was ejected from car and transported to Medical University Hospital for treatment of a head injury. Fortunately for the driver, the injury was reported to be non-life-threatening. According to Goose Creek Police, the driver of the vehicle was charged with blocking a railroad crossing. At this same railroad crossing on May 20, a car stopped on the tracks for a funeral procession and was hit by an oncoming train. That driver was also ticketed for obstructing a railroad crossing.

Both of these drivers beat the odds when it comes to train on automobile collisions. As your railroad accident attorneys at Howell and Christmas, LLC have cited in an earlier entry this summer, Troopers from the Louisiana State Police say that a train can drag an automobile at least a mile down the track, and keeping in mind the weight of a train, it is highly unlikely for an individual to survive a crash. The two drivers involved in these two Goose Creek incidents should be thankful they were able to receive their tickets for obstructing a railroad crossing.

Continue reading "Second Summer Collision at Railroad Crossing in Goose Creek" »

As your South Carolina car accident lawyers have been mentioning in previous entries this summer, while the break from school and warm weather provide the opportunity for kids and teens to enjoy themselves, the downtime can lead to careless decisions and devastating tragedies. Of particular concern, are teenage drivers. During this season of prom, graduation, and summer vacation teens are highly more likely to be out driving late at night, and with the temptation to drink and drive or practicing the unsafe habit of texting while driving, it is sad to say, but some will not make it home, or suffer a life altering injury.

Also mentioned in an earlier post, but reaffirmed in an article printed in a couple Monday’s past Post and Courier, according to the Centers for Disease Control and Prevention, auto accidents remain the leading cause of death for teens. However, statistics show that the number of teens being killed or injured in car accidents is down from 10 years ago. This could possibly be attributed to efforts of police departments to show the negative repercussions and dangers of drinking and driving by placing mangled vehicles around school campuses and towns. Additionally, police departments, schools, and other organizations and programs are now addressing the issue of distracted driving, another previous topic covered on your South Carolina Injury Lawyer Blog.

The number of cell phone related automobile accidents is steadily on the rise, as we have been able to do more and more with today’s devices. So much so that 31 states, the District of Columbia, and Guam have enacted bans on hand-held devices or texting to help reduce the dangers of distracted driving for the public, those dangers being severe accidents that present the potential for serious injuries or even death.Twelve of these laws were enacted in 2010 alone, according to distraction.gov, the official U.S. government website for distracted driving.

Teens that start drinking early are more likely continue to do so once they get their driver's license, heightening the possibility for them to be involved drunk driving accidents. According to the U.S. Surgeon General, automobile accidents are the leading cause of death among young people ages 15 to 20, and about 1,900 people under the age of 21 die each year from accidents involving drinking and driving.

Continue reading "Carefree Summers May Produce Carefree Teens: Unsafe Driving Practices at Issue for Newly-Licensed Drivers" »

For many college students, young adults, and those simply young at heart who love live music, the Summer months are something that have always been made special by the plethora of music festivals that happen all over the country. They provide a way to escape the monotonous day-to-day grind of regular life and go to a place without worry, enjoy the company of other music lovers, see favorite bands, and generally celebrate creativity and music. While these music festivals provide life long memories and entertainment, there have been instances where they have taken unexpected turns and ended in tragedy.

Just this past week, three longtime friends from Mt. Pleasant were caught at the bend in an unexpected turn at their first summer music festival. The group of girls, barely in their 20s, were planning to leave the All Good Music Festival in Masontown, West Virginia Sunday after they packed up their camp, but early that morning a man driving a pickup truck allegedly lost control and charged into their tent.

One of the girls suffered serious injuries and was killed in the accident. One was able to maneuver her hand from under one the truck’s wheels, and escape the scene uninjured. And the third young woman in the tent suffered a broken pelvis and required twelve staples to close a serious head injury. It was reported that the two survivors were waiting in the tent for more than a half-hour for rescue workers to lift the truck off their camp.

Sheriff’s officials in Preston County, West Virginia were able to identify the pickup truck’s operator, but are still investigating the incident and have yet to file any charges.

Continue reading "Music Festival Ends in Tragedy for Mt. Pleasant Women" »

Living in the Charleston area, your South Carolina workers’ compensation attorneys are no strangers to boats, boating, and all the other various forms of water activity. Also, everyone working at the Howell and Christmas, LLC law firm thoroughly enjoy the seafood that comes from our scenic coast and waterways. But, it often is forgotten that a lot of hard work is done by local fisherman to get that fresh, delicious seafood to our local grocers, restaurants, and ultimately our stomachs.

Fishing is an industry that exemplifies the risk-reward philosophy, fisherman take great risks to reap the monetary rewards of their labors. Case in point, late Monday night, around 10:00 p.m., two fishermen were hurt after their fishing boat struck an object and ran into a bank in the Diversion Canal. The Diversion Canal is located in Berkeley County near Cross, South Carolina.

Fortunately one of the fishermen had his cell phone with him at the time of the boat accident and called 911. The Berkeley County Rescue Squad was able to quickly find the crashed boat and two fishermen, as the fisher on the phone stayed on the line and directed rescuers straight to them.

The driver of the fishing boat suffered head injuries from hitting his head against the windshield of the vessel. Thankfully the injury is not life threatening. The article outlining the incident in Wednesday’s Post and Courier did not specify the extent of the injuries suffered by the other fisherman.

While the boat was taken back to the boat landing, the fishermen were transported to a local hospital by Berkeley County EMS. The South Carolina Department of Natural Resources is looking deeper into the accident.

Continue reading "Recent Boat Accidents in South Carolina and Considerations for Those Involved in Similar Incidents" »

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" »

If you look back to Wednesday's posts you will find an entry discussing a recent lawsuit filed by the South Carolina Attorney General against a major drug manufacturer because of the risk of serious injuries and death by way of heart attacks that a diabetes drug poses to South Carolinians. Today, your Charleston workers' compensation lawyers read that there is a bill making its way through the North Carolina state legislature that aims at making it harder to sue drug producers, among other provisions.

The Tort Reform for Citizens and Businesses Bill is a Republican led initiative to restrict product liability lawsuits against drug makers. The bill is a vital piece of legislation on the Republication agenda this session and follows a medical malpractice bill that has made its way to a conference committee of State Representative and Senate members. Ultimately, the bills want to reduce insurance and health care costs, while improving North Carolina's business environment.

Although Republicans are pushing the Tort Reform Bill, some of the state's 52 House Democrats are in support of the bill, helping it clear the House yesterday. Now, it moves on to the State Senate.

Continue reading "Lawsuit Restrictions Concerning Drug Manufacturers Clears State House of Representatives" »

These warm, summer months are a popular time for families and friends to get together and take a relaxing cruise. Your South Carolina boating and water accident attorneys have seen an influx cruise ships in the Charleston Harbor in recent years, as Charleston has become a regular sending off point for cruises heading down to the Caribbean.

While these trips are more often than not thoroughly enjoyable, there was a recent court ruling in favor of a plaintiff who suffered serious injuries after a slip and fall on a pool deck. The trial to determine damages was earlier this month, May 9th, and the Federal Judge entered the final judgement Friday, May 13th. The plaintiff in this case was awarded $2.998 million for the injuries she suffered on the pool side deck of the Carnival Pride.

The slip and fall accident happened back in August of 2009 and was caused by the Carnival Cruise Line, which had installed a resin surface on its ships pool decks. This surface is not ideal for a pool side as it is hard and slippery. According to the lawsuit, the Carnival Corporation knew this surface posed a threat to the Carnival Pride's guests and passengers, as there had been a number of prior accidents on this same type of deck surface, not only on this vessel, but others as well. After discovery into this surface established these facts, the Carnival Corporation admitted liability.

The plaintiff in this case, as a result of the pool side slip and fall, suffered a fractured patella, or better known as the knee cap, and underwent six surgeries to repair the fracture. In the future, the plaintiff will need one, maybe two, total knee replacements.

Continue reading "Charleston Personal Injury Attorneys Discuss Two Incidents Concerning Carnival Cruise Line Passengers" »

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" »

A recent study released by the National Institute for Occupational Safety and Health (NIOSH) found that older employees, as a group, have a higher risk of work-related injuries and illnesses. Interesting to your Charleston nursing home abuse and neglect attorneys, was the study also found that older workers, age 55 and older, are the fastest growing segment of the United States workforce. Thus, it is extremely important for employers and employees to recognize the heightened risk older workers face, and proactively protect this group of workers from occupational injuries.

The study itself, conducted by the NIOSH in conjunction with other agencies, analyzed 2009 occupational injury and illness data and found that older workers had longer absences from work due to injury. Workers age 55-64 missed an average of 11-12 days. Not only did older workers miss more days they also had higher incidences of work-related slip and falls, bone fractures, and hip injuries than their younger counterparts. In total, there 210,830 on the job injuries for older workers in 2009, which accounted for 17 percent all cases that year.

Aging, according to medical research, causes physical changes such as hearing and vision loss, as well as decreases in balance, flexibility, and strength. In other words, aging impairs all physical attributes and senses, making some jobs and tasks more difficult to complete. Also, as people get older in age, their bodies take longer to heal from an injury, making older workers more susceptible to injuries that become chronic conditions.

Continue reading "Recent Study Looks Into Older Workers and On the Job Injuries" »

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" »

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" »

Sadly, every year, about 700 Americans die in recreational boating accidents, and a majority of these fatal accidents occur in the summer months. Not surprising, because that's the time most Americans are out on the water.

Now that the weather is warm and the kids are getting out of school, a lot of families in Charleston, Myrtle Beach, Beaufort or anywhere else in South Carolina are hitting the waterways for some summertime fun. But, our Charleston boating accident attorneys want to offer some safety tips in hopes of making this summer a safe one for all boaters and their families.

Everyone who has been around the water or on a boat has heard it before, "Life jackets save lives." Staying afloat, much like wearing a seat belt, is the easiest, most simple way to prevent deaths on the water. According to the United States Coast Guard, 90 percent of drowning victims were not wearing a personal flotation device (PFD). Of the other ten percent of victims, many were not wearing a model of PFD designed to properly keep the head out of the water after the victim lost consciousness.

In terms of the law, having PFDs on your boat is good enough, it isn't required to wear one, just that there is one onboard for each passenger. However, South Carolina law requires all children under 12 years of age to wear a U.S. Coast Guard–approved Type I, II, III, or V PFD while on a boat less than 16 feet long. The life jacket must be fastened and of the proper size for the child.

Continue reading "It's Summer in South Carolina and Charleston Personal Injury Lawyers Want to Offer a Few Quick Safety Tips" »

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" »

Near the end of April there were 3 train accidents in a 24 hour span in Louisiana, reports a New Orleans news source. Such an abundance, in such a short amount of time truly astonishes the Charleston railroad accident attorneys, as well the residents of the state, especially considering the accidents left two people dead.

In one of the accidents a 41-year-old female driver tried to go around the railroad crossing arm in her Toyota Camry and was struck by an Amtrak passenger train. Needless and unfortunate to stay the impact from the locomotive killed the woman, she was pronounced dead at the scene of the Jefferson Parish railroad crossing.

One of the other incidents also involved an Amtrak train, but this one collided with an 18-wheeler in Slidell, Louisiana. In this case, no serious injuries were reported, which is a miracle when one thinks of the kind of collision created by two large vehicles.

The second fatality occurred when a woman was hit and killed by a train as she walked along a set of tracks in Calcasieu Parish. This type of fatal pedestrian accident begs the question of, "what was the state of mind of this woman when this happened?" But, without any mention in the article of the woman's reason for being on the tracks late at night, it would be unfair to make any presumptions as to her condition at the time.

Railroad safety advocates say it is not uncommon for people to underestimate the serious threat of oncoming trains, hence why some try to "beat" trains by going around railroad crossing arms. Due to the size of trains it is difficult to gain an accurate perception of how fast trains are coming, and that is often the underestimation, which leads to serious injuries and deaths.

Continue reading "Frequency of Train Accidents in Louisiana Heighten Public Safety Concerns" »

Like many sports fans, the Charleston workers' compensation lawyers at Howell and Christmas, LLC have often recognized professional cycling as a sport tainted by controversy because of widespread drug use. But, with that being said, it is a sport where even the smallest mistake creates the potential for catastrophic consequences for the athlete; broken bones, head and spinal injuries, and as we saw this week, death.

While navigating a downhill mountain pass in the third stage of this year's Giro d'Italia (Tour of Italy), Belgian cyclist Wouter Wylandt lost control of his bike for a split second and slammed into a roadside wall, a crashed that ultimate killed the rider. It was an extremely unfortunate incident for the cycling world, as it was the first fatality at the Italian race in 25 years and the first at one of the sport's showcase tours in 16 years.

At the time fatal bicycle accident Wylandt was traveling at speeds upward of 50 mph. In an Associated Press article on the ESPN website a Giro doctor noted Wylandt suffered a serious head injury from a fracture in the skull base, and while the paramedic team performed cardiac massage, after 40 minutes, they had to suspend resuscitation because there was nothing more they could do.

Continue reading "South Carolina Cycling Accident Attorneys Take Note of Giro d'Italia Tragedy" »

While skimming the news this morning the Charleston semi truck accident attorneys found an amazing story, thanks to Fox News, which tells the tale of a veteran United Parcel Service (UPS) truck driver who has safely driven his brown truck more than 4 million miles. As the article notes, this distance is the equivalent to six round trips to the moon, a truly astonishing statistic to befit an extremely admirable milestone.

The driver, Ronald Sowder, or "Big Dog," as his fellow drivers affectionately call him reached the milestone mark of 4 million miles this past January in his 49th year as a driver for UPS. An amazing achievement only one other driver has equaled in the company's 100-year history. Overall the drivers at UPS are among the safest on the road, and according to the company, average less than one truck accident per million miles traveled.

This year Sowder was inducted into the famed "Circle of Honor," an elite group of UPS drivers who have been accident-free for 25 years or more. Sowder credits his impeccably clean record to cautious driving and says, "You have to be a defensive driver. You have to be able to compensate for other people's mistakes and expect the unexpected. You can't drive too close. I don't like to be in a pack."

Continue reading ""Safest Driver On The Road" Reaches Milestone and Provides Trucking Tips" »

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" »

Everyone, including the Charleston auto accident lawyers, have noticed the extremely high price of gas these days. The cost of filling up is painful, and car makers in Detroit have been looking to ease the burden by putting out hybrid and electric vehicles. Cost effective vehicles like the Chevrolet Cruze, while easier on consumers' pocketbooks at the pump, have helped American auto makers get back into black figures after their bailout.

General Motors introduced the Cruze last October as an answer to the Toyota Corolla and other small car rivals. And with the price of gas rising almost 50 percent since the Cruze hit the market, the timing of the fuel-efficient compact's release could not have been better, and GM's bottom line shows it.

Last quarter GM, with lots of help from Cruze sales, boasted a profit of $3.2 billion. Sales of the Cruze topped more than 50,000 in the last quarter alone, helping the U.S. manufacturer gain a share in a market traditionally dominated by the Japanese.

Continue reading "General Motors Sees Big Profits In Last Quarter And Makes Responsible Recall of Their Big Money Maker" »

Our Charleston drug recall lawyers have noticed numerous advertisements on television asking viewers if they have been harmed by a variety of defective consumer products, primarily including asbestos exposure and pharmaceutical drugs. The aim of these ads is to reach out to the American Public, find individuals who have been injured from a product, and form a class action lawsuit against the producers of a product that has caused serious injuries and wrongful deaths. A class action, or a representative action, is a law suit in which a group of people collectively bring a claim against a defendant. The idea being there is strength in numbers when challenging major manufacturers of consumer products, think back to the tobacco litigation of the early and mid 1990s.

Just as an aside, there is a fantastic book that details the development of the class action suit against big tobacco entitled Civil Warriors, and authored by Dan Zegart. It does a superb job of showing the effectiveness of representative action as a means to provide injunctive relief. In the case of the tobacco industry, an example would be the requirement for cigarette makers to eliminate advertisements that attract kids to smoking, like the cartoon character, Joe Camel.

Currently there are a couple of pharmaceutical drugs that have gained national attention because of their harmful side effects to consumers, Topamax and Accutane.

Continue reading "South Carolina Personal Injury Lawyers Talk Major Medications and Class Actions" »

South Carolina brain and head injury lawyers have discussed the negative impact sports can have on an athlete’s body, but have concentrated exclusively on the head injuries that athletes sustain from Big Hits in football. But, recently an article in the New York Times highlighted the issue of brain and head injuries from the perspective of a former National Hockey League (NHL) star, Marty McSorely. Considering that the NHL is in thick of the Stanley Cup Playoffs, the lawyers at Howell and Christmas, LLC felt it topical to address the issues discussed by McSorley, primarily the fact that it isn’t the fighting in the league that’s to blame for head injuries, but simply the nature of the game itself.

For informational purposes, here’s a quick bio on Marty, he spent 17-years in the NHL, earning his claim to fame with his physical presence on the ice as “Wayne Gretzky’s Bodyguard” from the mid 80s to early 90s. His style of fearless physical play and his role as an “enforcer” did not come without consequence, he suffered numerous concussions in his career, and now, at 47-years old, he suffers from memory loss and other symptoms often associated with brain injury.

But, the purpose of The Times article was to set the record straight as to the cause of his cerebral injuries. He states, “I want to make this perfectly clear: Did I have a concussion fighting? Probably one or two, yes, but I had more from playing. You can’t point at fighting and say that’s the cause of concussions in hockey.” This came a day after it was announced that researchers had found signs of chronic traumatic encephalopagy, a degenerative disease caused by repeated brain trauma, in the brain of another longtime NHL enforcer, Bob Probert. Let us not forget that these are on the job injuries, for their livelihood guys like McSorley and Probert put their health on the line each time they step on the ice.

Continue reading "In Lieu of Stanley Cup Playoffs, Charleston Work Accident Attorneys Talk Big Hits and Concussions in NHL" »

Back in January, Charleston workers' compensation lawyers posted a three part series of posts that reported on an unfortunate accident that resulted in the death of Goose Creek woman. The original entries can be found at the end of this post.

As a quick refresher, the basic facts of the incident are as follows. In March 2010, 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 behind the wheel and wife sitting in the front passenger seat. 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.

This freak auto accident occurred at milepost 210 on I-20 in a construction zone that has slowed drivers and traffic for years, only a few short miles before the interstate smooths out in Georgia. This particular section of interstate, which is traveled by more than 33,000 drivers daily, is notorious for being riddled with pits and patches that drivers regularly turn up the volume on their radios to drown out the aggravating noise of tires rolling over rutted roadway.

In early March of 2011, the Post and Courier reported that the state of Alabama paid $1 million dollars to the family of the mother who was killed by the chunk of flying concrete. Alabama state officials said the money was awarded to compensate for the mother's wrongful death.

Continue reading "Howell and Christmas, LLC Follow Up On Highway Defects Post" »

Our Mt. Pleasant job accident lawyers want to recognize the outstanding people at the Human Needs Network who have recently launched a new volunteer initiative by the name of Ramp It Up, whose goal it is, “to build every needed wheelchair ramp in the Tri-County by the end of 2011.” It’s an ambitious objective, but with individuals like Alex Jackson spearheading the effort, it would be no surprise if they accomplish their goal.

Jackson is a 24-year-old quadriplegic who has used a wheelchair since he was 9 months old and he is pushing hard to get these ramps built in Lowcountry homes and businesses because he feels the lack of mobility the disabled have in the area is a major issue. Its an issue the physically fit often don’t recognize, as climbing stairs to their front door or office is an every day occurrence, for them it is natural to be able maneuver up and down and negotiate sharp angles without a problem. But, for the disabled in our community using wheelchairs, overcoming these obstacles takes a great deal of patience, strength, and determination.

As a toddler, Jackson was involved in a serious auto accident while returning from a visit to his grandparents in Augusta, Georgia. The car his mother was driving was struck head-on when another car crossed into their lane going the opposite direction. Jackson’s mother was able to recover from the severe injuries she incurred from the accident, but he suffered a debilitating spinal injury that has kept him in a wheelchair ever since.

Continue reading "Charleston Back and Spinal Injury Lawyers Note Noble Efforts In Tri-County Community " »

Charleston workers compensation lawyers want to bring attention to an issue discussed by Post and Courier columnist, Ken Burger, the potential dangers of texting and emailing on cell phones. While Mr. Burger focuses on the strain this type of communication can place on the hand, he also mentions how we push our human capability to multi task, driving with one hand while communicating with family, friends, and/or colleagues with the other.

The number of cell phone related automobile accidents is steadily on the rise, as we have been able to do more and more with today’s devices. So much so that 31 states, the District of Columbia, and Guam have enacted bans on hand-held devices or texting to help reduce the dangers of distracted driving for the public, those dangers being severe accidents that present the potential for serious injuries or even death.Twelve of these laws were enacted in 2010 alone, according to distraction.gov, the official U.S. government website for distracted driving.

Continue reading "Ken Burger Incites South Carolina Auto Accident Attorneys to Discuss Danger of Texting and Driving" »

While the South Carolina personal injury attorneys have commented on auto collisions, motor cycle crashes, bicycle wrecks, and boating accidents, this is the first incident involving an all-terrain vehicle, or better known by its acronym as an ATV. Like all recreational vehicles ATVs can be extremely enjoyable to ride, but also like all motor vehicles, if not operated safely, they pose a threat of serious injury or death. Sadly, a Wadmalaw man learned this hard way when he lost control of his ATV and crashed into a tree.

Initially, Charleston County Sheriff’s Deputies who responded to the crash thought the 26-year-old operator of the vehicle may have had some sort of medical episode, which caused him to lose control prior to hitting the tree. After the wreck the man was conscious and alert and his injuries were not thought to have been life-threatening. However, these injuries eventually killed him the next day, according to the Charleston County Coroner’s Office.

The autopsy determined the 26-year-old died from blunt force trauma to his upper body. He wasn’t wearing a helmet at the time of the accident, but this fact had no significance in the Coroner’s examination, as the man didn’t suffer a head and/or brain injury.

Continue reading "Wadamalaw Man Crashes All-Terrain Vehicle, Dies The Next Day" »

South Carolina personal injury lawyers learned of a Columbia couple whose vehicle was struck by a drunk driver while they were traveling along Interstate 95. The collision occurred four miles south Walterboro, near mile marker 49, according to the South Carolina Highway Patrol. Sadly, the man and women from Columbia, both in their early 70s, were killed in the collision, according to the Colleton County Coroner’s Office.

South Carolina State Troopers have charged the drunk driver, a 34-year-old man from Delaware, with two counts of felony DUI involving death. The man was driving his 1992 Ford Mustang in the northbound lanes when he changed lanes, striking the 70-year-old women from Columbia. She and her husband were traveling in a Suburban. After the being hit by the drunk driver, the impact forced the Suburban to run off the interstate and collide with a tree.

The couple were both killed at the scene of the auto accident from multiple, serious injuries. It was also reported that both were wearing their seat belts at the time of the accident.

Continue reading "Columbia Couple Killed by Drunk Driver Near Walterboro" »

This particular incident hits, quite literally, close to home for the staff of Howell and Christmas, LLC. A 24-year-old student from Rollins College in Central Florida died a couple weekends back after an accidental fall from a second-floor balcony on Coming Street in Downtown Charleston. The said residence is less than a full block from the home of a student interning at the South Carolina wrongful death attorneys' Mt. Pleasant office.

The 24-year-old student was originally from Massachusetts, but had come to Charleston the weekend of February 25th to visit friends at the College. In the late, late hours of Saturday night, officers in the area of Radcliffeburrough responded to a noise complaint apartment B of the Coming Street residence. About 45 minutes later, at 4:15 a.m., the officers heard a loud noise while talking to one of the residents about the written noise citation, according to the police report.

Continue reading "Late Night, Downtown Balcony Fall Results in Visiting Student’s Death" »

In quite a large number of posts, the Charleston auto accident lawyers at Howell and Christmas, LLC have mentioned that the easiest way to prevent serious injuries and death in a car collision is to wear a seat belt. To some, it is common sense and standard practice to buckle up when getting in their car. To others, it is a safety consideration that is entirely disregarded when traveling in a car.

In a recent two-vehicle accident on Folly Road, all of the 5 persons involved were not wearing their seat belts. The driver of a Ford Explorer that crossed the centerline and struck a Ford F-250, died after being ejected from the SUV. The passenger in the Explorer was also ejected and taken to Medical University Hospital, along with the other passengers and driver of the F-250, with life-threatening injuries.

A strikingly sad aspect of this incident is that all of those in the Ford Explorer were ages 19 and 18. Showing a serious need for Charleston area young people to actively use seat belts. They may not seem “cool” to youngsters, for whatever reason, but accidents like these are an unnecessary learning experience to realize the importance of buckling up every time you get in the car.

Continue reading "Seat Belts Neglected In Serious Folly Road Crash" »

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 " »

This past Thursday a North Charleston man died as a result of traumatic brain injuries sustained from a motorcycle wreck he was in last Monday. This was the second man to die of motorcycle accident related in the same number of days. The 68-year-old was riding his motorcycle on Dorchester Road when he collided with a vehicle that pulled out in front of him from Parlor Drive Monday morning around 10 a.m.

The police incident report did not specify whether or not the motorcyclist was wearing a helmet at the time of deadly auto accident, but it did mention the man was ejected from his motorcycle and landed in the roadway.

The driver of the car involved in the accident was a 22-year-old Ladson man. He was charged with failure to yield the right of way, according to police.

Continue reading "Two Charleston Area Motorcyclists Killed After Auto Collisions " »

Living in Charleston, South Carolina personal injury attorneys are no strangers to bicycle accidents and would like to take a moment to share the following incident and subsequent case to remind drivers and cyclists alike to give due attention to each other when traveling along area roadways.

Back in June, a 48-year-old cyclist was hit by a drunk driver traveling 69 miles per hour when a horrific collision occurred, shattering the cyclist's leg, sending his head snapping back onto the A-bar of the driver's Chevy Tahoe, and ultimately rocketing the cyclist 100 feet through the air, slamming into a roadside fence with serious brain injuries. The driver had a blood alcohol level of .19, nearly three times the legal limit.

Last month, the 34-year-old drunk driver, who had two previous DUIs on his record, was sentenced by Montgomery County, Maryland Circuit Court Judge to 8 years in jail and 5 years of unsupervised probation. According to WTOP, the sentence came after hours of testimony from the friends and family members of both men. After his second DUI offense in 2004 the driver was ordered to complete a 26 week program, it can easily be said the program did nothing to help change his dangerous behavior.

Continue reading "One Man's Life Is Taken, Another's In Ruins After Drunk Driver Hits Cyclist" »

Charleston nursing home abuse attorneys came across a Kentucky suit that recently awarded a monumental sum of $42.75 million to the family of a man who, allegedly, died due to negligent care in a nursing home. The amount was granted by a Hopkins County jury in Lexington, Kentucky and according to court documents the jury awarded $1 for the man's pain and suffering, $1.75 million for his wife's loss, and $40 million in punitive damages.

The suit claimed that a 92-year-old man's death was caused because of a Madisonville nursing home's negligent behavior by not ensuring he had enough water to live. Despite having a feeding tube the elderly man became lethally dehydrated. The man was only in the nursing home for nine days before being transferred to a regional medical center where he ultimately died.

The experienced wrongful death lawyers at Howell and Christmas, LLC understand the possibility of abuse or neglect in a nursing home is a serious consideration when a resident suffers from dehydration. Other considerations include malnourishment, falls, bedsores, or injury due to lack of supervision of staff.

Continue reading "Jury Awards Big Time, Causing Nursing Home to Seek Appeal" »

Not only do South Carolina personal injury lawyers know the danger an angry dog can pose to people, but also a North Charleston police officer. Last week, while in pursuit of a man who shoved him, the officer came into contact with a pit bull who was not pleased to see him. After following the suspect over a fence and into a yard, the pit bull attacked the officer forcing him to fire his weapon at the dangerous animal to prevent a potentially serious on the job injury.

The shot fired by the officer grazed the attacking animal's ear giving the officer the opportunity to get away safely with only minor scratches and not a serious dog bite. The dog is fine, but the attack by the dog caused the officer to lose sight of the suspect and subsequently officers were unable to locate the officer-shoving man.

The point of the post is not to focus on the dog as distractor in this incident, but rather the harm that some dogs can pose. While this particular animal was confined to its yard when the attack occurred, what if the animal was left unattended? Would it still display the same aggressive and threatening behavior?

Continue reading "North Charleston Police Officer Attacked By Dog, Forced to Use Force To Curb Attack" »

Its nothing new to Charleston car accident lawyers, and other area residents, that a single auto collision can lead to another and cause serious backups for travelers. These backups create a sea of frustrated drivers and can be extremely dangerous not long after the initial accident, just as authorities are responding to the scene. This is exactly what happened last week on Interstate 26, not far from Summerville.

The first wreck happened around 9 a.m. when a minivan heading westbound near mile marker 196 lost control of the vehicle, went into the median, and hit a tree. The 44-year-old driver from Summerville was wearing a seat belt at the time of the crash, but was pronounced dead at the scene by the Berkeley County Coroner's Office.

About twenty minutes after this single-vehicle crash, and as westbound traffic began backing up, a second serious auto accident took place, ultimately involving a total of five vehicles. One of those vehicles was a tractor trailer that began this chain reaction by side swiping three stopped vehicles near mile marker 197, then ran into the median strip hitting several trees. One of the trees struck by the tractor-trailer fell on top of a sport utility vehicle that was also stopped in traffic on I-26.

Continue reading "Single-Vehicle Collision Leads To Traffic Buildup and Another Crash" »

Courtesy of the Brain Injury Association of South Carolina, Charleston injury lawyers received a newsletter featuring some startling information not typically covered by media outlets. Currently, there are over 61,000 South Carolinians living with disabilities from traumatic brain injury, or caused by an external physical force, and in the United States a traumatic brain injury occurs at an alarming rate of one every 23 seconds. Combining victims of breast cancer, multiple sclerosis, and HIV/AIDS, there are still more individuals suffering from brain injuries. This is in no way to discount the prevalence and severity of other afflictions, it is meant to cast a light on a serious condition that is often overlooked.

The cause of brain injuries is varied, the most common include serious car accidents, bicycle accidents, falls, domestic violence, and/or as a result of combat for veterans. In South Carolina, brain injuries are the number one cause of death in individuals ages 1 to 44. Yearly, over 2,500 individuals are discharged from South Carolina hospitals with brain injury and tens of thousands are seen in emergency rooms statewide to be treated for milder brain injuries.

But, while broken bones and open wounds are obvious for doctors and medical staff to treat, brain injuries are not always easy detect in accident trauma victims. Even when a diagnostic test like an MRI or CT scan is conducted, they often will not show minor shearing or tearing in the brain. In many cases a neuropsychological examination must be given to properly diagnose a brain injury.

Continue reading "Information On South Carolina's Number One Cause of Death" »

Although the football season is over, there is still much going on within the sport. With college stars and professional hopefuls gearing up for scouts to assess their talent at the NFL Combine, the upcoming draft, negotiations in stalemate between the League the Union, and a potential lockout looming, the world of professional football never seems to sit still.

Before sharing a recent bit of news dealing with pro football, South Carolina job accident attorneys want to bring a novel thought to attention. The notion that the word "professional" is often not thought of when players are injured, only that a player will be absent from a fantasy roster or that a player's absence may affect a team's chance of winning the next week's game. Rarely does it come to mind that injuries on the field are on the job injuries, playing football is a profession and when injured while working has serious implications just was it would for a worker at the Port of Charleston.

Amidst all the turmoil between the NFL and the NFL Players Association comes another professional football dispute regarding former Miami Dolphin wide receiver, Kendall Newson. Representatives for the Dolphins are pressing for a federal magistrate in Pittsburgh to reject the workers' compensation claim filed by Newson for a career-ending knee injury incurred in 2005 at Heinz Field in Pittsburgh. The case was heard last week, but the presiding magistrate has yet to rule on the case.

Continue reading "Miami Dolphins Want Former Player's Injury Claim Squashed In Pennsylvania " »

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" »

Charleston personal injury attorneys know the decision to move disabled or elderly family members into a nursing home is never easy, but once that decision is made, families trust that loved ones will be properly cared for while under the supervision of the home's staff. Unfortunately, the quality of care families expect is not always met. In such cases, much like the following, it is important for families to take legal action against those who are liable for compromising the well being of their loved ones, as this process helps to prevent future similar incidents of injury and wrongful death.

An elderly veteran and retired Philadelphia police officer froze to death after wandering from a state veterans home New Year's Eve 2007 and the Commonwealth of Pennsylvania agreed to pay $250,000 to his family and estate, settling a negligence and wrongful death claim. The 75-year-old man ambled away from the Delaware Valley Veterans Home in Northeast Pennsylvania at 5:30 p.m. on December 31, surveillance footage included in court records also showed the elderly gentlemen walk past a security desk unnoticed, while garbed only in his pajamas.

Records also show that several staff members were suspended or admonished for their inattention to the man. One of the aides decided to quit rather than submit to questioning, state officials later learned this particular employee had previously been convicted of stalking. The Pennsylvania Department of Health inspection report specified that the veterans home staff failed to take timely action, which resulted in the residents actual harm and eventual death.

Continue reading "Elderly Man Walks Out of Nursing Home Unnoticed, Freezes to Death" »

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" »

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" »

Following is the second of the three part post concerning dangerous highway defects. Click here to view the first installment.

An investigation by Alabama state troopers established that the Camry’s right rear tire struck the pothole projecting the fatal fragment into the air and eventually into the South Carolina family’s pickup. The young woman driving the Camry was not ticketed and claims she did have the chance to avoid the rocky depression in the road and couldn’t have stopped in time to miss the pothole.

Under an open records request by the Associated Press, photos released by the Alabama Department of Transportation show the investigated pothole had been repaired at least once prior to the accident. Indications of this repair were differences in color between new concrete and the older road, as well as evidence that both the repair and the old pavement were crumbling.

Continue reading "Highway's Defects Cause Wrongful Death: Part 2 of 3" »

Not too long ago a Pennsylvania jury awarded two melters working at Ametek Special Metal Products $12.7 million. Back in 2003 the two men were working in the North Strabane, PA plant overseeing melting operations when the specialty metals furnace exploded, spraying the 44-and 45-year-old men with molten metal causing severe burn injuries. The lawsuit names the manufacturer of the furnace as defendants, including Inductotherm Group, Allied Minerals, and Vesuvius USA Corp.

The furnace exploded due to a lining failure, allowing the molten metal to come into contact with a copper coil filled with ethylene-glycol and water, resulting in a chemical reaction and explosion, which ejected hot, liquid metal across the workplace. Defective products and machinery such as this furnace pose a serious threat to their operators and workers around them. In the United States burn injuries similar to those incurred by the aforementioned melters are responsible for approximately 2.4 million injuries a year and can be debilitating and keep you away from work.

Continue reading "South Carolina Work Injury Attorneys Look At Huge Industrial Accident Verdict" »

While reading an out of state paper on the job accident attorneys in South Carolina came across a case where a city worker received workers' compensation benefits injuries incurred while being drunk on the job. The Albuquerque Journal reported that the New Mexico state Court of Appeals ruled in favor of a Las Cruces truck driver who fell off his garbage truck while working back in 2006. He has been awarded 90 percent of his benefits, the full amount less a 10 percent penalty for his being inebriated at the time of the slip and fall. The city now owes the man more than $100,000.

Allegedly the man had been drinking the night before with a friend and later in the evening at a bar. His measured blood-alcohol level was at 0.12 three and a half hours after the 5:45 a.m. slip and fall, well over New Mexico's presumed level of intoxication. In most states a blood-alcohol percentage of .08 is considered the legal limit for individuals being capable of operating a motor vehicle.

In the court's decision it is noted that the truck driver failed to clock in the morning of the accident, possibly in an attempt to avoid supervisors, personnel at the hospital smelled alcohol on the man's breath, that his co-workers had not noticed any impairment, and that he had been driving the garbage truck for at least an hour before his fall, which caused serious injuries to his wrist, hip, and head.

Continue reading "Charleston Workers' Compensation Lawyers Find Interesting Case Over Holidays" »

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" »

After a wonderful holiday with family, friends, and loved ones, injury lawyers in Charleston feel troubled in knowing a South Carolina family had a rough Thanksgiving after one of their members died just before Thanksgiving. A Boneau Beach man suffered life-ending body and serious head injuries, according to the Berkeley County Chief Deputy Coroner, after a wreck with another automobile. The accident occurred last Monday evening on U.S. Highway 17A just south of Jamestown.

Authorities say the deceased driver was most likely trying to turn around when it crossed over 17A in front of St. Stephan, South Carolina woman’s Nissan Altima. According the female driver of the Altima, when the Toyota came across the highway her vehicle struck the driver’s side of the unspecified model of Toyota.

Continue reading "Two Car Accident Near Jamestown Leaves One Dead Days Before the Holiday" »

South Carolina worker's compensation lawyers found the following, interesting entertainment news. Just weeks after an extra sustained a critical brain injury on the set of the highly anticipated third installment of the Transformers series, a welder was seriously hurt while using a grinder. The welder worked on the special effects side of the action packed production and has filed a lawsuit against Paramount Pictures. Other companies are included in the suit, but were not named in the report by the Chicago Tribune.

Allegedly, the grinder spun out of control due to the control panel in a Chicago building used in filming that was "negligently wired" to support 220-volts. The welder's lawsuit claims that he was not informed of this prior to his plugging in the 110-volt grinder.

Continue reading "Another on the Job Accident on Movie Set" »

In a major tractor-trailer accident one person was left dead, while four others suffered serious injuries. Apart from the three tractor-trailers in the Interstate 26 collision, there was a minivan and a car involved in the midmorning crash.

The incident is still under investigation by South Carolina State Troopers to determine exactly what happened to cause the devastating wreck. What is known is that one of three trucks jack-knifed and the other two had overturned.

In any major multi-vehicle accident it is certain there will be subsequent traffic build up. The westbound lanes of Interstate 26 in Calhoun County were closed for several hours resulting in mandatory detours for South Carolina travelers.

Continue reading "Five Vehicle Accident on South Carolina Interstate Involving Three Tractor Trailers Kills One, Injures Four" »

At the busy downtown intersection of Calhoun and King Streets a bicyclist was struck by an S.U.V. breaking the rider’s pelvis. Breaking a pelvis can be a severe injury because of the potential damage to surrounding tissues, arteries, nerves, and veins. According to the police report, the collision occurred in the early evening and was the result of the driver of the S.U.V. failing to yield to the cyclist. The S.U.V. was identified as a 2003 Ford and was traveling west on Calhoun and struck the 21-year-old on bike, who had a green light, when taking a left onto King.

The young cyclist was taken to the Medical University of South Carolina’s Hospital to receive treatment for the broken pelvis, while the driver of the Ford was charged with reckless driving.

In regards to bicycles downtown, knowledgeable attorneys have noticed that Charleston police have made an effort to make the city safer for its two-wheeled travelers through stronger enforcement of bike laws. The campaign to make streets safer for both bicyclists and motorists will be led by educating bike riders that they are required to follow the same road rules as motorists, such as obeying traffic signals and signs.

Continue reading "Downtown Charleston Bike Accident Solidifies Reason to Step Up Bike Law Enforcement" »

According to the South Carolina Highway Patrol, a Columbia man suspected of leaving the scene of a fatal car accident has turned himself in, three days after the hit-and-run. The man driving struck a female pedestrian late on a Saturday night. The collision resulted in the wrongful death of the 53-year-old woman.The man was arrested after he came forward to authorities and was charged with driving under the influence and leaving the scene of an accident.

Charleston auto injury attorneys took note of the following unfortunate aspect of this negligent incident. The Richland County Coroner’s Office was not able to immediately identify the woman struck by the drunk driver. It has, however, been disclosed that the woman was dressed in dark clothing and pronounced dead at the scene.

Continue reading "Hit-and-Run Accident Near State Capital" »

Injury lawyers of Charleston noticed that week and half ago a two men were involved in serious motorcycle accidents one struck while riding on the streets in the Cannonborough neighborhood of Downtown Charleston. The operator of the pick up truck that was responsible for the collision has been charged with felony DUI. The second incident occurred in North Charleston the next morning.

The collision happening off the Penninsula, on the 205 exit ramp to U.S. Highway 78 is the only one where the motorcyclist was fatally wounded. But, the run-in Downtown is the only one where another party was found at fault.

After the wreck, which happened at the corner of Spring and Coming Streets, both the intoxicated driver of the truck and the man riding the motorcycle were taken to the hospital for treatment of personal injuries.

A 31-year-old Goose Creek man lost control of his 2003 Kawasaki on the off-ramp from I-26 at 1:20 a.m. The Charleston Deputy Coroner lists cause of death as a serious head injury, the man was not wearing a helmet.

Continue reading "Two Charleston Area Motorcyle Accidents--One is Fatal" »

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.