South Carolina Injury Lawyer Blog

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

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

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

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

Your Charleston attorneys at Howell and Christmas, LLC were particularly upset to see a fairly large article in today's Post and Courier outlining a major auto accident in which four young people were killed near the University of South Carolina's famed Williams-Brice Stadium. According to the Richland County Coroner's Office, two of the victims were male (both 22 years of age) and two were female (ages 23 and 24). Also, three of the four victims were currently enrolled at the University of South Carolina; one male was a student last semester.

The fatal car crash occurred just before dawn last Wednesday morning when the car missed a sharp curve near the football stadium. The car proceeded to slam into the Farm Bureau Building on George Rodgers Blvd. Minutes later, the vehicle burst into flames. Returning to the scene Friday, investigators were combing through the wreckage to try and find answers as to the cause of this unfortunate car accident, more specifically, why the driver lost control of the vehicle and the speed at which the vehicle was travelling. Police do suspect that the male driver and front passenger were not wearing their seat belts when the crash occurred.

The Richland County Coroner also said that it was one of the young female's 23rd birthday and that the group had been seen together at several Columbia nightspots prior to the fatal car accident on George Rogers Blvd. From the autopsies it appeared that all four young people would have been killed by multiple trauma, not serious burn injuries, prior to the vehicle burst into flames, but it will take a couple of weeks to complete toxicology reports and determine if those results played a role in causing the accident.

As investigators from the Columbia Police Department, University of South Carolina Police, Richland County Coroner's Office, Columbia-Richland Fire Department, and the South Carolina Highway Patrol try to uncover unanswered questions surrounding the crash, University of South Carolina officials have offered their condolences to the victims' friends and family and have extended a helping hand in the form of counselors made available to grieving students and staff.

Continue reading "Tragedy Strikes University of South Carolina and Hit and Run Suspect in Police Custody in Lexington County" »

Your lawyers in Charleston at Howell and Christmas, LLC are experienced in representing individuals covered under the Federal Longshoremen and Harbor Workers' Compensation Act in South Carolina. But while the same Act is at discussed in this entry, it has an impact far removed from the Palmetto State. With that being said, the issue of law left to the discretion of the Supreme Court is nonetheless interesting and thought provoking to your Charleston attorneys. Hopefully our readers will agree.

Petitioner, Pacific Operations Offshore, LLP (Pacific), operates two drilling platforms on the Outer Continental Shelf (OCS) off the coast of California, as well as an onshore oil and gas processing facility. Juan Valladolid was employed as a general manual laborer in Pacific’s oil exploration and extraction business, performing such maintenance tasks as picking up litter, emptying trashcans, washing decks, painting, maintaining equipment, and helping load and unload the platform crane. Mr. Valladolid spent 98 percent of his time on Pacific’s drilling platforms, performing said tasks. The remainder of his time was spent at Pacific’s onshore processing facility, located in Ventura County, California. At Pacific’s onshore facility Mr. Valladolid was responsible for such maintenance duties such as painting, sandblasting, pulling weeds, cleaning drain culverts, and operating a forklift.

While operating a forklift at Pacific’s onshore facility, Mr. Valladolid was involved in a work related accident, which resulted in his death. Respondent, Mr. Valladolid’s widow filed a claim seeking benefits under the Longshoreman and Harbor Workers’ Compensation Act (LHWCA) pursuant to the extension of that contained within the Outer Continental Shelf Lands Act (OCSLA). Section 1333(b) of OSCLA, the provision involved in this case, makes LHWCA benefits available for the “disability or death of an employee resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf” for the purpose of extracting its natural resources.

The parties agree that §1333(b) covers employees such as oilrig and drilling platform workers working directly on the OCS to extract its natural resources. However, the parties disagree as to whether employees who are involved in extraction operations, but who are injured beyond the OCS (i.e. an onshore operating facility) are also covered under OSCLA.

This dispute focuses on the scope of §1333(b), particularly the meaning of the phrase “any injury occurring as the result of operations on the outer Continental Shelf.” Thus, the question arises, is Respondent entitled to benefits under the provisions of the LHWCA pursuant to the extension of that Act within OCSLA?

Continue reading "Overview of Recent U.S. Supreme Court Decision Concerning Federal Longshore and Harbor Workers' Compensation Act" »

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

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

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

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

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

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" »

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" »

It has been some time since your Charleston work accident lawyers have posted an entry to the South Carolina Injury Lawyer Blog, so the lawyers at Howell and Christmas, LLC would like to use this post as a brief re-cap of accidents and injuries that have happened across the Palmetto State since our last entry. Surprisingly, yet nonetheless tragic, they all concern driver's running off the roadway they were traveling.

At the beginning of this month the driver of an AT&T work van that struck and killed a cyclist on the James Island connector paid a $113 fine for his involvement in the fatal July accident. The driver's payment of the fine allowed him to miss his court date in Charleston Municipal Court. The fine is form of settlement; commonly known as "forfeiting a bond," which also means the driver is not formally admitting guilt for his involvement in the fatal bicycle accident.

The driver was charged by police with improper lane usage, as it was the closest charge applicable under the South Carolina Code of Laws regarding car-versus-bike accidents. Allegedly, the driver of the AT&T van drifted into the breakdown lane on the connector, striking said cyclist from behind, ultimately resulting in the cyclist's untimely and wrongful death. While police have said there was evidence indicating that the van's driver was distracted because of his use of a mobile device, it is not illegal to use a cell phone or text while driving in South Carolina. The driver contends he was not distracted by a phone or other electronic device.

A week ago today, a Summerville man was killed and another person injured after the pickup truck they were in ran off Interstate 26, struck a tree, and overturned. Charleston's Post and Courier reported that the 23-year-old driver of the 2007 Chevy Colorado was pronounced dead at Medical University Hospital after being airlifted from the scene of the serious auto accident. Authorities were unsure if either of the occupants were wearing their seat belts at the time of late-night accident. In a plethora of the posts entered to the South Carolina Injury Lawyer Blog, your Charleston car accident lawyers have urged readers to remember that wearing a seat belt is the easiest way to prevent serious injury in the event of an accident. Although that information is unknown in this case, it is safety measure all should keep in mind.

Continue reading "A Look Back Since the Last Entry Reveals a Trend of Driver's Running Off the Road" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Being lifetime residents of South Carolina, your Charleston personal injury attorneys at Howell and Christmas, LLC are not surprised when their home state comes in near the top of national rankings for things a state should not be proud. As it turns out, according to the latest federal statistics, South Carolina ranks third in the nation for the number of people killed per 100 miles driven. To be fair, our fine state has seen decreases in road fatalities over the last three years. However, it is looking like 2011 will show an increase in deaths, due in large part to the rise in pedestrian accidents and fatalities, which have shown a 37 percent increase since last year at this time.

Last year after seeing a spike in pedestrian deaths, the South Carolina Department of Public Safety announced a $75,000 educational and public service initiative was in the works to try and curb the number of pedestrian accidents. Troopers have or will be handing out reflective strap bands for walkers to wear at night, making them easier to see on poorly lit rural roadways where most of the fatalities occur. As compared to last year's numbers, there are three counties that have seen an increase in pedestrian deaths, Lexington, Horry, and Greenville. Interestingly, as religious followers of local and state news your experienced lawyers at Howell and Christmas, LLC remember seeing quite a few pedestrian accidents around the town, especially in North Charleston, but there was no mention of Charleston County's past or current numbers regarding fatal pedestrian accidents. Considering the article containing this statistical information comes from The State in Columbia, it could be they have little concern for Lowcountry pedestrians, or Charleston County pedestrians are less likely to be killed in pedestrian accidents, therefore not accounted for in this particular statistic.

Despite the sharp rise in pedestrian fatalities, deaths attributed to motor vehicles, which includes auto and tractor trailer accidents, as well as deaths due to bicycle accidents, are down slightly from this same time a year ago.

Continue reading "South Carolina Roads, Some of the Deadliest in the Nation" »

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" »

It was just last week when your Mt. Pleasant auto accident lawyers commented on a couple of boat accidents in South Carolina, and between the time that that entry was being thoroughly thought through and written and now, there were two more boat accidents reported across our wonderful State. But, unlike like the last entry concerning boat accidents, the ones discussed today do not feature uplifting accounts of successful rescues, rather they deal with the consequences one could face if deciding to boat under the influence of alcohol (BUI).

The accidents will be discussed in the order that they occurred. Late last Friday, a Batesburg-Leesville couple crashed their boat into a dock on the south shore of Lake Murray, southwest of Dreher Island State Recreation Area. The collision killed both the operator and the passenger of the boat. But, it was determined by authorities, and reported by The State, that both the operator and passenger had drank enough to be well over the limit considered legally impaired when operating a boat (blood-alcohol content (BAC) above 0.08). According to the Lexington County Coroner, preliminary tests show the driver's BAC was at 0.357 and the passenger's at 0.187.

The second incident, unlike the first, happened along South Carolina's coast when the Coast Guard responded to a distress call alerting them that three people had gone overboard and into Charleston Harbor early Sunday morning. Responding rescuers discovered that a 21-foot recreational boat had hit a channel marker in the Harbor and sent its three occupants into the water. Two of the three boaters sustained injuries, including a broken arm and a head injury, and after being pulled from the water were taken to Medical University Hospital. Also on scene was the Charleston County Sheriff's Office and the South Carolina Department of Natural Resources. These agencies conducted interviews and determined the operator was in excess of the legal blood-alcohol level. The operator of the boat was arrested for BUI. Incidentally, the allegedly intoxicated operator did not suffer any injuries as a result of his collision with the channel marker.

As we have seen over the last week South Carolina boating accidents are an unfortunate yet fairly common occurrence, but the operation of watercraft after sunset greatly increases the chances of a potential incident. A United States Coast Guard report states that boat on boat collisions are the largest cause of injury on the water. In case it was unclear, both of the above mentioned accidents occurred in the dark of night.

Continue reading "Before the Ink Dries on the Last Post Concerning South Carolina Boat Accidents, There are Two More to Discuss" »

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" »

In today's Post and Courier there were two separate on the job accidents reported, one of which happened right here in Mt. Pleasant, South Carolina when a large crane collapsed on a worker at Detyen's Shipyard. The other occurred a little more than two hours south of the law offices of Howell and Christmas, LLC in Hilton Head, where a construction worker was killed after falling through a ceiling.

Wednesday morning a crane operator found himself in a precarious position after the crane's collapse trapped him inside the cab of the machine. According to reports, the man's leg was pinned under the machine for about an hour. Fortunately for him, his injuries from the job accident were not believed to be life-threatening. North Charleston firefighters and volunteers from the Charleston County Rescue Squad gave the injured worker treatment until they were able free the man and transport him to a local hospital.

Your South Carolina harbor accident lawyers at Howell and Christmas, LLC know that longshoremen and harbor workers’ work is dangerous and often leads to serious injuries and even death. When it comes to the Longshore and Harbor Workers’ Compensation Act (LHWCA), the Act covers most employees that are performing work that has a traditional relationship to maritime employment. There is also consideration given with regard to where (i.e. the location) the employee was working at the time of the accident. For example: the Act covers those workers engaged in unloading and loading ships as well as those that build, repair and/or dismantle ships. In many instances, employees that provide support to the above referenced work are also covered, however, each case needs to be looked at individually.

Continue reading "Crane Operator Injured at Local Shipyard, Construction Worker Killed After Fall" »

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" »

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

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

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

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

Recently your South Carolina construction accident attorneys came across an interesting decision in the Supreme Court of the State of Washington. The case concerns a catastrophic tank failure at Spokane's sewage treatment plant. The failure happened in May 2004 when three workers were doing their best to prevent overflowing septic sludge from running into the Spokane River. After the digester tank collapsed one of the maintenance workers fell into the sewage sludge and drowned. The trial judge in this case noted that the worker "arguably suffered one of the most disgusting and terrible deaths imaginable."

The two other workers suffered serious on the job injuries when the digester tank overfilled and collapsed. One of the workers was thrown from the top of the dome shape digester tank and suffered a fractured pelvis, fractured tibia, fractured ribs, serious back and spine injuries including compression fractures of vertebrae, and sludge aspiration (action of drawing in fluid) causing a permanent reduction in lung capacity by 20%. The other worker, who was on the ground at the time of dome's collapse, suffered serious knee and back injuries after being knocked over by a wave of cascading sewage sludge.

The deceased worker's family and the two injured in the industrial accident sued CH2M Hill Inc. for negligence. CH2M is a corporation from Florida and the engineering firm hired by the City of Spokane as a consultant for the plant's improvement project. Under the Industrial Insurance Act, the City of Spokane was immune from the suit, despite being the employer of the deceased worker and the two others injured in the accident. The judge in the bench trial ruled in favor of the plaintiffs (killed worker's family and injured workers) the Court of Appeals certified the case to the Supreme Court of the State of Washington.

Continue reading "Industrial Accident at Water Treatment Plant Makes it to State Supreme Court, Construction Accident at Same Facility in the Meantime" »

This week, in Monday's and Tuesday's publications, the Post and Courier outlined two fatal automobile accidents that occurred over the hot, dry weekend in South Carolina. Your Charleston wrongful death attorneys note in the reports the absence of a seat belt in one of the incidents, while in the other, proper precautions were taken, and in accordance with South Carolina Law, seat belts were worn. But, sadly, even when safety and the law were observed, there was still a death in a two-vehicle car accident in Berkeley County.

This accident occurred Saturday morning, between 10 and 11 a.m. on U.S. Highway 52. According to the South Carolina Highway Patrol, a 46-year-old Summerville man was in operation of a 1993 Mazda Protege and collided with a late model Toyota pickup truck, driven by a 64-year-old man from Goose Creek. Riding as a passenger in the Mazda was 52-year-old woman from North Charleston. Unfortunately, despite wearing her seat belt, she was pronounced dead on the scene of the accident of serious head and body trauma. There was no mention as to the injuries, if any, incurred by the drivers of the two cars involved in the wreck.

It was noted in the Post and Courier's article that all three individuals involved in the Saturday morning car accident were wearing their seat belts. As of Monday, no charges have been filed and authorities continue to investigate the fatal car crash.

Continue reading "Weekend Wrecks and Tragedies Prompt Discussion of Seat Belts" »

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" »

Your Charleston personal injury attorneys came across a recent court decision involving fatal burn injuries and the labeling of the product that fueled the fire. The following are the facts of the case. A Missouri man purchased a can of DAP Cement to use in installing new baseboards in his home. While he was carrying the closed can through his laundry room (located in his basement), he accidentally dropped the can causing some of the can’s contents to spill on the floor. When he attempted to clean up the spill by wiping up the adhesive, the vapors emitted from the DAP cement ignited and caused a flash fire. The 32-year-old man suffered second- and third-degree burns to 80% of his body. Remarkably, he was able to grab his 2-year-old and 3-year-old sons and saved them from the burning home. Unfortunately, the man ultimately died from his burn injuries two months after the accident.

The man’s wife and family sued DAP Inc., in federal court for: wrongful death on the theories of negligence, strict liability, and failure to warn; for negligent misrepresentation; and for violations of the Consumer Product Safety Act. The District Court for the Eastern District of Missouri granted summary judgment in favor of DAP, and the plaintiff’s appeal summary judgment on their wrongful-death, failure-to-warn claim.

The Federal Hazardous Substances Act (FHSA) requires hazardous substances sold in interstate commerce and intended for household use to bear adequate cautionary labels. According to case precedent, a plaintiff may bring a failure-to-warn claim based on the theory that a product label failed to comply with the FHSA. However, also according to a court's previous decision, a plaintiff cannot bring a failure to warn suit based on a state law theory that the product’s label should have included warnings not required by the FHSA.

Continue reading "Eighth Circuit Court of Appeals Affirms Decision Concerning Wrongful Death from House Fire and Hazardous Materials' Labels" »

Those who are members of the AAA Club have to come to rely on the emergency roadside services provided by independent operators and paid for by the Club if they ever encounter any kind of roadside mishap. But as a member of the club, one would expect the independent service providers that respond to calls to be competent and professional, and more often than not not they probably are, considering the number of presumably satisfied Club members.

But, the Charleston car accident lawyers at Howell and Christmas, LLC recently read an unfortunate incident involving a Club member whose family has filed a wrongful death suit against AAA, the responding towing service, and a tow-truck driver. A 55-year-old woman was involved in a fatal accident in early March after a tow-truck driver reversed her malfunctioning car from a parking stall and fatally struck her in the parking lot of a Social Security Administration building.

The tow-truck driver, also 55-years-old, was arrested for suspicion of driving under the influence after responding police officers detected signs alcohol impairment. The criminal investigation is ongoing.

Continue reading "Accident Results in Wrongful Death Lawsuit Against Emergency Roadside Assistance Provider and Independent Operators" »

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

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

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

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

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

Your Charleston real estate transaction lawyers read a frightening article in today's Post and Courier this afternoon that describes a slew of motor vehicle accidents that happened this past weekend in the Charleston area. According to the article, a bicyclist, a moped operator, and two motorcyclists suffered fatal injuries in 4 separate accidents that occurred between this past Friday and Sunday (May 20-22).

Friday evening, around 10:40 p.m. a 25-year-old man was involved in a bicycle accident when he was struck by a motor vehicle in West Ashley. After the hit and run accident, the cyclist was transported to the Medical University Hospital, where he later died. The Charleston Police Department later found the driver responsible for striking the cyclist on Folly Road, the driver was charged with felony driving under the influence (DUI).

The same evening, closer to 10 p.m., a 32-year-old woman on a moped was merging onto the Ravel Bridge from Coleman Boulevard in Mt. Pleasant when she was struck from the rear by a car. The collision sent the woman off of her moped. Sadly, she died Sunday at Medical University Hospital. Similar to the first incident, this also involved a drunk driver. According to the Mt. Pleasant Police Department, a 25-year-old Ridgeville man was arrested and charged with felony DUI.

Continue reading "Traffic Accidents Involving Two-Wheeled Vehicles Leave Four Dead in Charleston Area " »

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" »

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

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

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

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

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

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

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" »

Earlier in the week the Charleston boating accident attorneys shared an entry regarding the high frequency of train accidents in Louisiana. Noting the dangers trains pose to motor vehicles and pedestrians attempting to cross railroad tracks. And just this afternoon there was a breaking case reported by CNN that outlines of an incident involving two U.S. Border Patrol agents who were killed today when their vehicle was struck by a train.

At the time of the fatal accident, the two Patrol agents were in an on-duty SUV and were the process of assisting in the apprehension of suspected unauthorized immigrants, just south of Gila Bend, Arizona, in an area patrolled by the Yuma Sector of the Border Patrol.

According the U.S. Customs and Border Protection's (CBP) website, The Yuma Sector patrols 126 miles of border with Mexico, between the Yuma-Pima County line in Arizona and the Imperial Sand Dunes in California. The sector has responsibility for Yuma, La Paz and Mojave Counties in Arizona, the Eastern-most areas of Imperial, Riverside, and San Bernardino Counties in California, and the entire State of Nevada.

Continue reading "Train Strikes U.S. Border Patrol SUV, Kills Two Agents" »

In a post from earlier this month, the Charleston workers' compensation attorneys mentioned National Workers Memorial Day, a day of observance to remember workers who have lost their lives due to on the job accidents and injuries. National Workers Memorial Day is April 28, and in large part the reason for this particular date is because of a major construction accident that occurred on April 27, 1978, known as the Willow Island Disaster.

Yesterday afternoon an employee of Howell and Christmas, LLC came across some information regarding the Disaster, and realized his grandfather worked at a nearby chemical plant just downstream the Ohio River from the Monongahela Power Plant at Willow Island, the location of the cataclysmic construction accident. Having this connection to the Disaster, the employee contacted his grandfather to get a firsthand account of what happened that unfortunate day in April 1978, in an effort to better understand the ramifications of such an incident. Also, while the facts of the Willow Island Disaster can be easily found on the Internet, it is far more authentic and profound to hear of historical events from those close to them.

What follows is the text of an email from Mr. John T. Fries (pronounced "freeze"), a native West Virginian and Damn Fine Grandfather. "I spent 42 years working at the chemical plant next door to the Monongahela Power Plant at Willow Island. The name of the company I worked for was American Cyanamid Company. The power plant accident happened one day while I was taking inventory which meant I moved through-out our plant. I saw helicopters hovering over the power plant so we knew something had happened. Of course we found out when we got home. Our plant was on the downriver side of the power plant so we did not pass it going to and from work. In fact, I think we found out about it shortly after the accident happened--news travels fast, especially news of the magnitude this accident was. As I remember 50 some people were killed. As it turned out, short cuts were taken which caused the scaffolding to give way. "

Continue reading "South Carolina on the Job Accident Lawyers Take a Step Back in Time to the Worst Construction Accident in U.S. History" »

For the North Charleston auto accident lawyers it is hard to believe that his been over a year since the British Petroleum (BP) Oil Spill that devastated America's Gulf Coast. A White House energy advisor called it the "worst environmental disaster the U.S. has faced," and it is still very much effecting coastal states, not only in terms of the environment and wildlife, but also economically when one thinks of the formerly thriving tourism and fishing industries in the area.

While much attention over the past year has been focused on the above issues, it seems many have forgotten the explosion at the Deepwater Horizon that incited the three month spew of oil into the Gulf of Mexico, killed 11 workers, and caused serious injuries to 17 others working at the offshore site. Familiar with on the job injuries and deaths, the experienced lawyers at Howell and Christmas, LLC know that the families, communities, and colleagues of the deceased workers have certainly not forgotten their loved ones.

Prior to the explosion that caused the deaths and injuries of Deepwater Horizon workers, the U.S. Coast Guard had issued 18 pollution citations between 2000 and 2010, and had investigated 16 fires and other safety incidents. Also, according to a New York Times article from July 2010, there was a confidential audit conducted by BP seven months before the explosion, and the findings were horrendous. "According, to the September 2009 [audit], four BP officials discovered that Transocean, the rig’s owner, had left 390 repairs undone, including many that were 'high priority,' and would require a total of more than 3,500 hours of labor. It is unclear how many of the problems remained by the day of the catastrophe."

Continue reading "A Look Back at the Deepwater Horizon Explosion" »

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" »

While browsing the local news yesterday evening our Charleston wrongful death attorneys came across a story coming out of Myrtle Beach, a mere 2 hours north of the Mount Pleasant office of Howell and Christmas, LLC. This past Wednesday, just before 11:00 a.m., a 34-year-old woman from North Carolina fell to her death from a balcony at the Sea Watch Resort.

According to the spokeswoman for Horry County Fire and Rescue, units were dispatched to the resort, located at 161 Sea Watch Drive, in response to a woman falling from a 7th floor balcony. While the initial report from Fire and Rescue says the woman fell from the 7th floor, the Horry County Coroner's Office said she fell from the 17th floor. To add further uncertainty to this aspect of the fatal accident, investigators from the Horry County Police Department have concluded the woman fell from the 14th floor of the Sea Watch Resort.

As of yesterday morning it was uncertain if the woman was staying as a guest at the resort, or if she was just visiting. But it was know that she was at the resort with other people, one of which may have been the single witness taken to the Horry County Police Department for questioning.

Continue reading "Uncertainty Shrowds A Woman's Fall From Balcony Two Hours North of Charleston" »

Preceding the internationally covered Chilean mine collapse and rescue, there was mine explosion here in the United States known as the Upper Big Branch Mine Disaster. Charleston workers' compensation attorneys remember that in April of 2010, an explosion killed 29 of the 31 miners at the Upper Big Branch site near the community of Montcoal, located in Raleigh County, West Virginia. While investigation into the incident is ongoing, officials have speculated that the explosion may have been initiated by a spark from a mantrip, a shuttle that transports miners into and out of the mine, and fueled by extremely high methane levels within the mine. The Disaster marks the worst mining accident in the U.S. since 1970.

While browsing the internet this morning, the on the job injury lawyers at Howell and Christmas, LLC found interesting Wall Street Journal article that reports the Massey Energy Co., owners of the Upper Bring Branch mine, have been accused of failing to clean up its act since the 2010 explosion.

Officials from the Mine Safety and Health Administration conducted a surprise inspection at Massey's Randolph Mine last Friday, finding conditions that were "nothing short of outrageous." During the inspection they found miners engulfed in coal dust and combustible loose coal accumulated in working, posing a "serious risk" of fire, explosion, and severe burn injuries.

Continue reading "Massey Energy Hasn't Learned Lesson A Year After Upper Big Branch Mine Disaster" »

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" »

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" »

Charleston on the job injury lawyers want to highlight an initiative being promoted by a Summerville couple who lost their son in an industrial machine accident on the North Charleston waterfront. They are working to gain a following for a local observance of National Workers Memorial Day, an event that is a tribute to workers killed in South Carolina. The observance took place last Thursday, April 28, and is 20-year-old recognition that has, unfortunately, gained little traction in South Carolina, but this Summerville couple is working to change the states feelings toward fatal on the job injuries.

The couple doesn’t consider themselves activists; rather as parents who don’t want other families to suffer same pain they have, losing a son or daughter in a place where they are supposed to be safe, the workplace. In December of 2005 the Summerville mother drove to Detyens Shipyard to pick up her son, a 2005 graduate of Summerville High School who had followed in his father’s footsteps, working part-time as a maritime pipe fitter.

Upon reaching the shipyard, she was met with by the flashing lights of emergency vehicles, and to find out her son died after an accidental release of waste into the holding tank of the military supply ship her son was working. The ship was being refitted in a dry dock at Detyens. While some of her son’s coworkers were able to escape the holding tank, he was overcome by hydrogen sulfide, a toxic colorless gas produced by raw sewage.

Continue reading "Years After Son Killed in Industrial Accident Summerville Couple Works to Bring Attention to On the Job Fatalities" »

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" »

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" »

When one thinks of major American multinationals, a few come easily to mind, McDonald's, Coca-Cola, and Walt Disney. In their own rights, all three have grown from American Institutions to international corporate powerhouses. Another thing these three have in common is that they have had their fair share of legal controversy, from coffee being too hot at McDonald's to alleged racial discrimination within the workforce at Coca-Cola and recently, a wrongful death suit filed against several Disney entities or partners.

South Carolina workers' compensation attorneys note that suit was filed because of an on the job injury that resulted in a worker's death 20 days after the accident. The victim's family filed the suit in Orange County, Florida circuit court. It seeks damages in excess of $15,000, free of interest and costs.

The four-count suit filed names Reedy Creek Energy Services, Reedy Creek Improvement District, Disney Photo Imaging, Walt Disney Parks and Resorts U.S., Inc., and Tishman Hotel & Realty and Starwood Hotels & Resorts Worldwide, Inc. as defendants.

According to the Orlando Sentinel, a spokesman for Disney said they have received the complaint and would "respond as appropriate through the court system."

Continue reading "On The Job Injury at Walt Disney Results In Death, Worker's Estate Files Suit" »

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" »

South Carolina workers' compensation attorneys understand all too well that serious injuries or death can occur while on the job, even if the job is making tortillas. Such is the case for a Gautemalan man who was killed while working at Tortilleria Chinantla, a tortilla factory in Bushwick, Brooklyn, New York. The workplace fatality occured when the 22-year-old immigrant fell into an industrial dough mixer during the night shift.

Emergency personnel responded to the scene after a call reporting a worker had suffered cardiac arrest, however, on arrival they found that a man, who had been a factory employee for six years, had fallen into the industrial mixer. Authorities said the man was pronounced dead at the scene.

Tortilleria Chinantla has since closed due to the accident. Also, because of the death and subsequent inspection the fact that tortilla maker has been without workers’ compensation insurance for nearly a year has been brought to light. According to the New York State Workers' Compensation Board, the insurance for the company ran out last March and the business has since accrued $56,000 in penalties for noncompliance.

Continue reading "Gautemalan Man Falls Into Industrial Dough Mixer" »

Charleston auto accident attorneys were sent the following case and felt it an excellent example of the difficulty in determining negligence in highly unpredictable circumstances. The Ford Motor Company, back in November, pleaded with the Illinois Supreme Court to overturn a large reward in the amount of $43 million granted in a Madison County verdict in 2005. The lawyers representing Ford argued that manufacturers of any goods would be subject to open-ended liability for many years to come if the ruling were allowed to stand, according to the Chicago Daily Law Bulletin.

The initial verdict came in Madison County Circuit Court and was upheld by the Fifth District Appellate Court before the case went to the Illinois Supreme Court. An Appellate Court Justice wrote, "we believe that the parties received a fair trial in this case." It goes without saying Ford disagreed with this opinion as the suit made its way to State Supreme Court.

The reason for the case came after the fuel tank exploded in a couple's 1993 Lincoln Town Car. The husband driving the Town Car was killed and the wife suffered severe burn injuries.

Continue reading "Big Auto-Maker Asks to Overturn a Big Award Verdict" »

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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" »

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

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

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

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

The family of a truck driver have filed a suit against the California Department of Transportation (Caltrans) and several companies in an effort to receive damages for the wrongful death of the 56-year-old driver. The plaintiffs allege negligence on the loading dock and at the Bay Bridge's dangerous S-curve . The driver was killed after his pear carrying semi toppled off the bridge, plunging 200 feet.

The suit against Caltrans claims the S-curve, introduced to drivers as part of the rebuilding of the Bay Bridge, did not have adequate warning signs to inform drivers to the then new curve. The suit was filed in the San Francisco Superior Court by experienced wrongful death lawyers and asserts that the public was not aware of the sharp curves nor to the extent at which drivers should reduce their to safely navigate them, without the opportunity to take the necessary precautions. In a sense the new route was a "concealed surprise."

Continue reading "Charleston Truck Accident Attorneys Focus on Wrongful Death Case" »

In an extremely sad case of apparent disregard of a 60-year-old Columbia wife and mother, her husband and daughter have been charged of abusing or neglecting a vulnerable adult in the mother's death. Lexington County deputies arrested the pair on December second and according to a Columbia news source their bond has been set at $75,000 after a hearing last Tuesday.

A Lexington County Sheriff indicated that this was the most severe adult abuse he has seen in his 43 years as an officer. When arrived at the hospital on December first, the mother weighed all of 48 pounds and was riddled with maggot infected bedsores. Due to diabetes-related complications, the mother had both legs amputated, had been bedridden for the past 14 years and primarily under the care of her husband and daughter.

According to the Lexington County Coroner, the autopsy was inconclusive as to the exact cause of death, but more test are to be conducted in an effort to determine what happened to the woman.

Continue reading "West-Columbia Father and Daughter Charged for Death of Vulnerable Mother" »

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" »

Charleston accident lawyers found this interesting civil case: after discovering three men trespassing in an apartment building owned by his company, a landlord now faces a civil suit worth $3.5 million in damages. In the course of removing the trespassers one man was fatally wounded, allegedly, being thrown down a flight of stairs, while the others incurred serious injuries. The New Winfield, CT landlord also faces a single count of first-degree manslaughter and three counts of of third-degree assault, as result of a police investigation into the events leading to the trespassers death.

The 51-year-old landlord is accused of attacking the trespassers and shoving them down two flights of stairs in a Danbury apartment building. According to police the trespassers had spent night in the apartment building drinking and the Connecticut state medical examiner reported that the man who died was extremely intoxicated and most likely unable to stand on his own. The actual cause of death was from internal bleeding caused by the fall.

Continue reading "Man Faces Civil Wrongful Death Suit in Addition to Criminal Manslaughter Charges " »

Late Saturday evening a 71 year-old male pedestrian was hit and killed by an intoxicated driver on Sam Rittenburg Blvd. near Highway 61 in West Ashley. The Charleston man in operation of the vehicle, allegedly, causing the death has been charged by Charleston police with DUI.

Experienced South Carolina Injury Attorneys feel strong need to point out the driver of the vehicle was NOT charged with felony DUI. The reason being is that the driver was not at fault in the wrongful death.

According to Charleston County public information officer Charles Francis, the pedestrian in the fatal accident took the intoxicated driver's right of way, causing the late-night incident to occur.

Continue reading "Charleston Man Under the Influence Strikes and Kills Pedestrian with Car" »

According to the Post and Courier, Charleston County Chief Deputy Coroner Judy Koelpin named the second man in the same number of days to be killed while working under their car. South Carolina auto accident attorneys want you to know Nicholas Monich was working under his Audi S8 in the driveway of his West Ashley home when the jack holding the high-performance car slipped killing the 30-year-old Monich. The previous afternoon Gary Anthony of Mt. Pleasant was killed after trying to raise one of the two jacks holding his Mazda 626 above him. In the process it appears one slipped causing the car to fall on his chest, Anthony was 43 years old.

It should be mentioned that neither of the two men had blocks under the wheels of their cars, doing so is strongly recommended when working with jacks to prevent wrongful death and other serious accidents. In one of the cases the jack was placed in dirt and is a major risk when working under cars, as well as using a jack on an incline.

The experienced accident attorneys at Howell and Christmas, LLC are pleased to announce that a Georgia jury has found that a nursing home operator must pay over 40 million in damages in a wrongful death case. The owner also faces federal charges for alleged fraud steming from the company's billing of Medicare. The monies from the verdict are to be paid to the estate of a man who died from inadequate care while living in the facility. According to reports, the nursing home had been cited for numerous violations, both state and federal, while operating.

The home was operating under the name Moran Lake Nursing Home and was located in Rome, Georgia. This was one of three care facilities owned and operated by the defendant. The federal charges against the homes' operator allege that he took monies from medicare and medicaid that were intended to provide needed medical care and treatment to those living at these homes but instead the money was allegedly used for the owner's personal gain for things like private homes and cars.

The deceased plaintiff had allegedly fallen on several occasions causing serious injuries such as a hip fracture. The nursing home was negligent in not informing the plaintiff's family of his injuries and in failing to inform his doctors of same. According to reports, the Georgia Department of Human Resources" Office of Regulatory Services inspected the home over the past few years and as a result of their investigation closed the facility permanently. The home is now operating again but under a different name and with different management.

Continue reading "South Carolina Wrongful Death Lawyers - Jury Orders Defendant To Pay Over 40 Million" »

A Hollywood, SC man was charged with Reckless Homicide after an accident he was involved in left another man dead. A concerning factor in this incident was the speed at which the man was traveling when the accident occurred. Excessive speed has remained one of the most blatant and glaring causes of driving related deaths. South Carolina Wrongful Death Attorneys urge caution and self-control when operating a motor vehicle and advise drivers to follow the speed limit and wear their seatbelts.

The deadly crash occurred at approximately 2 pm on Savannah Highway near Savage Road and Melrose Avenue. The man was driving a Chevrolet Corvette when he the other driver who was operating a Ford Crown Victoria. Deputies who responded to the scene originally charged the man with Reckless Driving, but the charge was upgraded when the other man passed away. The man was denied bond as a result of the incident and traffic was back up on the Savannah Highway for several hours.

Though these issues are ones that many people rarely think about when driving, excessive speed is extremely dangerous. The National Highway Traffic and Safety Administration lists it as one of the top factors in accidents that cause injury and death. Related to speeding is the practice of aggressive driving, or driving a vehicle in such a way that it endangers the safety of other motorists. Drivers should take care to use caution when on the roads and watch how fast they are going because it can save lives.

Source: The Post and Courier, “Man faces reckless homicide charge, Almar Flotides, July 11th, 2010

The National Highway Traffic and Safety Administration

Two men coming from Myrtle Beach to Charleston for a day trip were stopped in traffic on Highway 17 near Anna Knapp Boulevard when an SUV behind them failed to stop. The SUV hit the motorcyles, pushed both men into another vehicle and then the SUV was forced into another car. Though two helmets were found at the scene, the responding officer was unsure if the men were wearing them at the time of the impact. In light of this, Charleston Accident Lawyers want to remind all drivers and motorcyclists to exercise caution when in close proximity to each other on the road and for motorcyclists especially to always use proper safety precautions when operating their vehicles.

The men were taken by EMS to Medical University Hospital, where they died from their injuries. The driver was not identified and responding officers said their was not immediate indication that the driver was under the influence of drugs or alcohol. Charges are pending, awaiting the results of an investigation.

A 2004 study conducted by the National Highway Traffic Administration showed that from 1998 to 2003, there were approximately 49,000 people injured and 2,284 people killed in motorcycle related incidents on America's roads. Of those, 46% fatally injured were not wearing a helmet at the time of their accidents. NHTA estimates that motorcycle helmets reduce the likelihood of a fatal injury occuring by 29% in a crash.

Source: The Charleston Post and Courier, "Motorcycle Riders Die in Wreck" May 31st, 2010

The National Highway Transportation Administration

All drivers, parents especially, need to check behind your car before reversing. The Center for Disease Control and Prevention after analyzing data reported that each week nearly 50 children are injured by cars reversing. On average two of these children will die due to injuries obtained in the accident. It has been found that in most of these accidents the person driving the car is a family member. Most new cars to day have a built in sensor on the back of the car that will alarm the driver if there is something behind the car when the car is shifted into reverse. Charleston child injury lawyers believe this is a wonderful feature to have on a car, but should not be solely relied on because many things are out of the sensor’s range.

Recently a 22-month-old boy was killed when he was accidently struck by an SUV. The driver of the SUV was the boy’s father. The father was backing his SUV down the driveway so he could wash the car. The boy and other children were playing in the garage and when the boy saw his father’s car reversing down the driveway he ran to the car. His father attempted to reach out of the drivers side door and grab his son. In doing so the father fell out of the car, leaving the car unattended. The child was fatally struck by the driver’s side front tire, causing massive head trauma. The unattended car then traveled across the street and struck a neighbor’s garage door before coming to a stop.

The boy was taken by ambulance to the Medical University Hospital, where he was later pronounced dead. Charleston County Police responded to the scene, taped it off with yellow crime-scene tape, and preceded to conduct an investigation. The investigation is still pending but no charges have been filed. A similar accident happened in 2007 in Goose Creek, when a 4-year-old girl was fatally hit when her father was backing up his pickup truck in the family’s driveway. Drivers please double check your surroundings before backing up your car, these extra seconds can make a life or death difference in a child’s life.

Source: The Post and Courier- “Boy dies in accident as dad backs SUV.” April 2, 2010.

South Carolina wrongful-death attorneys want Charleston residents to know that the family of one of the fallen firefighters filed a lawsuit against the Sofa Super Store Wednesday, making this lawsuit the 9th and final suit to be filed against the store. The worker was killed in the Sofa Super Store fire that claimed the lives of 9 Charleston County firefighters in June 2007.

His attorney filed the wrongful-death lawsuit in Charleston County alleging that the Sofa Super Store's negligence was a main contributor to his death. Each of the families of the other fallen firefighters have already filed lawsuits against the store, but the last family wanted to wait until the firefighter’s son was old enough to fully understand what was going on so he could be a part of the case.

The families have reached settlements with several furniture manufacturers totaling $8.4 million dollars. Each family received around $800,000 from the settlement total. A settlement has yet to be reached between the Sofa Super Store and the nine families.

Sofa Super Store's attorney said that since the fire the store has worked to update and modify the store to ensure that a tragedy, like the 2007 fire, does not recur. The store's attorney is also arguing that the City of Charleston is blame for the fire as well as the Charleston County Fire Department for the actions taken.

Source: The Post and Courier- "Family of firefighter sues sofa store."March 18, 2010.

Charleston workers’ compensation lawyers are pleased to report that eight of the nine families of the nine Charleston County Firefighters killed in the 2007 Sofa Super Store fire have reached a partial settlement. The partial settlement is more than $1.2 million dollars, with several companies claiming that they were negligent in the deaths of the families’ loved ones.

Thirty companies were initially alleged at fault for the Sofa Super Store fire, and all but four companies have agreed to settlements. An attorney involved in the case said the final figure in the latest round of settlements was close to $1.5 million dollars. This brings the total amount of money companies have agreed to pay to the families to $8.4 million dollars.

Some of the companies who have settled were furniture manufacturers whose furniture was being sold in the Sofa Super Store when the fire occurred on June 18, 2007. The families alleged that the manufactures products contained polyurethane foam, a highly flammable material, and failed to warn the retail store. These companies products increased the risk of a potential fire.

Two of the remaining defendants that have yet to reach a settlement are the Sofa Super Store itself and Goldstein Family Limited Partnership, the Sofa Super Store operator. Charleston accident attorneys working on the case hope to reach a settlement out of court but are prepared to go to court if found needed.

Source: The Post and Courier- “8 of 9 families reach partial settlement.” March 9, 2010.

South Carolina wrongful death attorneys want to remind drivers that loose asphalt, rocks, and debris on the interstate can not only harm your car, they can also be fatal. Recently Alabama authorities reported that a Goose Creek woman was traveling on Interstate 20 when she was killed as a result of interstate debris.

The woman was traveling in Alabama near the Alabama-Georgia line when a pickup truck in front of her car hit a pothole. The trucks impact with the pot hole sent debris through the woman’s windshield fatally wounding her Alabama State Troopers said that the deceased woman was the passenger in the automobile driven by her husband when the accident occurred. She was 35 years old and driving east in Cleburne County, four miles west of the Alabama state line.

Fisher was rushed to the University of Alabama Hospital after the wreck and remained in critical condition overnight. University of Alabama Hospital spokesman, Troy Goodman, reported Tuesday morning that she had died from the accident and that her family wanted people to know that she was an organ donor.

Source: The Post and Courier- “Rock from road injures passenger.” March 16, 2010.

Charleston automobile accident attorneys want to remind fellow attorneys to reevaluate your expert witnesses before calling them to the stand. On Monday, March 15, 2010, South Carolina’s Highest court overturned the $18 million dollar award Ford Motor Company was to pay plaintiff Sonya Watson as a result of her 1999 single vehicle wreck.

Sonya Watson, 17, wrecked her 1995 Ford Explorer in December of 1999. Watson was paralyzed from the accident and one of her passengers, Patricia Carter, was killed. Watson claimed that the Explorer’s cruise control was at fault because it had caused the car to accelerate out of control. Watson filed suit against Ford Motor Company, in which her attorney argued that the Explorer “took off,” after Watson set the cruise control and she lost control of the vehicle in Laurens County on Interstate 385. In 2006 a Greenville County jury ruled in favor of Watson and awarded her $15 million dollars and $3 million dollars for Carter’s estate.

Chief Justice Jean Toal overturned the award Monday after reviewing the expert witness and the examples of other acceleration problems that were used in court. The expert witness in dispute an electrical engineer. Toal found that the engineer did not have any experience with cruise control, had never worked on a cruise control system, had never researched and published any literature on cruise control, and had never operated a cruise control on an automobile at all. Toal wrote that the had no experience in the automobile industry and the trial judge should never have allowed him to testify as an expert witness.

Other examples were cited of faulty cruise control systems were cited in the case, which were later overturned in the court of appeals. Toal explained that these examples were not fact because their ruling had been overturned and should not have been admissible by the trial judge. Ford Motor Company said they are satisfied with the court’s ruling and expressed their sympathy to the Watson and Carter families. South Carolina accident attorneys from both sides of the case could not be reached.

Source: The Post and Courier- “$18M award overturned.” March 16, 2010.

Charleston wrongful death lawyers want you to be aware of a fatal plane crash that occurred on Hilton Head Beach, Monday, March 15, 2010. Killed in the single- engine plane crash was not the pilot or passenger, but a beachgoer.

The Experimental Lancair IV-P single-engine plane was traveling from Orlando to Virginia when the pilot discovered an oil leak. The pilot knew that an emergency landing was certain and tried to make it to the closest airport, the Savannah/Hilton Head Airport. After the front propeller fell off the plane during flight the pilot decided he would have to land the plane on the beach in order to avoid serious injury civilians and homes. The plane made an emergency landing on the beach at Palmetto Dunes.

The victim was a 38-year old man from Woodstock, Georgia, who was running on the beach when then plane was forced to make the landing. He was listening to his iPod and was unable to hear the plane approaching. The pilot told authorities that he could not see out of the windshield because it had been splattered with oil and no longer had control of the plane due to the broken propeller.

After some investigation authorities said that the victim may not have even heard the plane if he was not wearing his iPod because the type of plane is a model that is extremely quiet. The pilot and a passenger both survived the crash. Media outlets reported that the runner was a salesman for GlaxoSmithKline and was in Hilton Head Island for business and is survived by his wife and two children.

Hilton Head authorities have turned the investigation over to the National Traffic and Safety Administration and the FAA for further review.

Source: WTOC Savannah, Georgia- “Beachgoer killed in plane crash on Hilton Head.” March 16, 2010.

South Carolina wrongful death lawyers report on a fatal wreck that occurred late Saturday, February 20th in the North Charleston area. Christopher Leroy Wright was driving the vehicle. Wright lost control of the vehicle, ran off the road, and slammed into a tree. Thirty-two year old passenger, Eddie Harris, was severely injured in the Charleston accident and medics rushed him a local hospital. Unfortunately shortly after arriving to the hospital Harris died from the serious car accident. The Charleston County Coroner’s Office pronounced Eddie Harris dead as a result to the severe injuries he received in the single-vehicle automobile accident.

When police arrived at the scene of the accident they observed Christopher Wright’s behavior and allegedly found him under the influence. Wright was not only allegedly driving under the influence, he was also driving with a suspended license. After being evaluated by medics, Wright was taken into custody and charged with a felony driving under the influence charge and driving under suspension charge.

Mothers Against Drunk Driving (MADD) is a non-profit group that works with local schools and organizations raising awareness about the severe, if not fatal, consequences of driving under the influence. MADD reports that about three in every ten Americans will be involved in an alcohol- related crash at some point in their lives. Another startling statistic MADD features on their website is that “over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.” These figures are startling, which is why we are reporting them. Drivers always need to remember to be a defensive driver, as well as a responsible driver.

Source: The Post and Courier- “Drive charged in fatal wreck.” February 22, 2010.

Charleston accident lawyers urge you to check your yard for decaying trees. In many cities if a public sidewalk runs through your yard you are responsible for the land on each side of the sidewalk. If there are trees growing between the road and the side walk that runs through your property, these trees are still considered to be on your property. Decaying trees and debris from decaying trees is the homeowner’s responsibility.

Two year old Mateo Ortiz of San Jose, California, recently fell victim of a decayed silver maple tree. The tree fell onto the family’s pickup truck after his father parked it in front of the family’s home. Mateo was killed instantly and it took rescue workers two hours to get Mateo’s father out of the car, who suffered broken arms and other fractures.

Due to the economy many cities have been forced to re-budget and one of the common things to be taken out of the budget first has been tree, sidewalk, gutter, and lawn maintenance on the property that lies between the curb and a homeowners land. This land is usually monitored every five years my city inspectors and arborists but recently San Jose, like many other cities suffering from the economy, have turned this responsibility over to the homeowners. This is unfortunate for Mateo’s family because they are already devastated from his tragic death, and now the city is saying that his death was their fault because they are responsible for the rotten tree that was on their property.

Continue reading "South Carolina Wrongful Death- Homeowners check your yards for decaying trees" »

Charleston medical malpractice lawyers want to warn doctors and consumers that Botox and popular Botox manufacturer Allergan are now required by the Food and Drug Administration to place a black box warning label on their product due to the serious side effects and deaths that have occurred when using the product for non-therapeutic reasons. Botox Cosmetic is approved for temporary cosmetic procedures and Myobloc, a similar drug, is approved for combating severe neck and muscle spasms in adult patients. Neither drug has been approved for children under the age of twelve.

Some doctors administer Botox and Myobloc for off-label purposes, and the side effects have resulted in severe personal injury and death. The Food and Drug Administration evaluated reaction reports of patients who had received Botox and Myobloc procedures. After reviewing these reports in August, the FDA decided and mandated that both drugs carry a black box warning label. The warning explicitly states the severity of the side effects associated with the use of the drug. After receiving a Botox injection a patient can experience side effect symptoms in hours up to seven days. These sometimes severe side effects are similar to the flu and can alter breathing to the point where hospitalization is required. Due to the onset of severe symptoms and hospitalization many of these cases are not identified as Botox-related until much later on.

In 2003, Irene Medavoy sued Allergan for “debilitating ailments” after receiving Botox treatments. She claimed to have received treatments for migraine headaches, and her Botox treatments did not help her migraines and in return made her fatigue, gave her respiratory problems, and fevers. The jury sided with Allergan and found the company not guilty. This was prior to all of the new information and facts on patients’ side effects. When cases are brought before a jury today involving Botox or Allergan, the facts are not in the drug or manufacturer’s favor.

Continue reading "South Carolina Wrongful Death: Required Black Box Warning Label" »

Charleston wrongful death lawyers report on serious case. Matthew Lamar Jackson and Tyrone Akeen Gleaton entered an Alford Plea and also plead guilty to armed robbery charges Monday, February 8, 2010. The victim, Marquez Tyler, went missing in November 2008. The nine-teen year old’s body was found under an overturned bathtub in Aiken County in February 2009. The boy was a victim of a South Carolina wrongful death. This was a relief to the Tyler family that their loved one was no longer missing, but not the outcome they had been praying for.

The Alford Plea stems from the United States Supreme Court case North Carolina vs. Alford in 1970. In this case Henry Alford was charged with first-degree murder in 1963. Alford admitted to committing the murder but would not admit to the murder in court. Alford pled guilty to second-degree murder and was sentenced into thirty years in jail. Alford claimed he plead guilty to the second-degree murder charge in order to avoid the death penalty. This was later overturned in court when Henry Alford appealed his case numerous times saying he was forced to plead guilty to the second-degree murder charge out of fear of capital punishment. Supreme Court Justice Byron White ruled that the guilty plea still stands as is, even though Henry Alford was still proclaiming his innocence.

If the accused enters an Alford Plea they are able to maintain their innocence but are admitting that there is enough evidence against them to convince a jury and a judge that they are guilty. An Alford Plea is defined by the Dictionary of Politics: Selected American and Foreign Political and Legal Terms as “a plea under which a defendant may choose to plead guilty, not because of an admission to the crime, but because the prosecutor has sufficient evidence to place a charge and to obtain conviction in court. The plea is commonly used in local and state courts in the United States.”

Matthew Jackson and Tyrone Gleaton both were sentenced to fifteen years in prison after entering their Alford Plea for the voluntary manslaughter of Marquez Tyler. When Tyler’s body was found in February 2009,Tim Carlton, Aiken County Corner, ruled that Tyler died from a gun shot wound in November of 2008.

Source: The Post and Courier- “Two Men Enter Pleas in 2008 death in SC.” February 9, 2010.

After a plane crash in the Florida Everglades killed four passengers, the sister of one has filed a wrongful death lawsuit against the aviation company. Nanci Hirschorn claims that the company, Schmidt Aviation, failed to properly maintain the single-engine aircraft.

Hirschorn's brother, Phillip Marsh was returning from a University of Florida football game in Gainesville. The other passengers killed in the accident were Marsh's college friend, Bruce Barber, along with his wife and teenaged son.

The plane was headed to Executive Airport in Fort Lauderdale when fire suddenly filled the cockpit and the plane fell to the ground. The suit claims that Schmidt Aviation failed to repair a valve that had cracked three times previously, and that this caused the engine to catch fire.

Hirschorn is seeking damages for pain and suffering and the loss of income from Marsh's job as a medical equipment salesperson, as well as for burial expenses.

Source: South Florida Sun-Sentinel- "Sister of Coral Springs man killed in Everglades plane crash files suit"- October 16, 2009

The family of an 18-year-old boy sued the maker of Louisville Slugger baseball bats for failing to warn consumers about the dangers the product can pose. The jury found the company, Hillerich & Bradsby, liable because of failure to place warnings on the product and awarded the family $850,000 for the death of their son in a 2003 baseball game.

Their son, Brandon Patch, was pitching in an American Legion baseball game when the ball slammed into his head after the batter hit it with a Louisville Slugger bat. Patch went into convulsions on the field and died within hours from his injury.

Patch’s family claimed that aluminum bats are particularly dangerous because they cause the baseball to travel at a greater speed, and that their son did not have enough time to react to the ball before it struck him in the head. The family hopes that the decision will notify people of the dangers associated with aluminum bats and that more youth leagues will switch to using wooden bats, which are used in professional baseball.

Continue reading "Family Sues Aluminum Bat Maker After Son Dies in Baseball Game" »

Day care facilities owe a duty of reasonable care to the children they take care of. A Columbia, South Carolina day-care operator was recently sentenced to 20 years in prison for negligently killing a 9-month-old baby in May 2007. Retired Army lieutenant colonel, Willie Ritter, 65, had forgotten to remove the baby, Javon Simpson, from the van after picking up the child in the morning.

Prior to this incident Ritter had a history of violating South Carolina child care laws at his day care center. In 2001 he was cited by state officials for leaving a infant unattended in a van. He was also cited for failing to maintain transportation logs n 1998 and 2003. According to court documents, he violated adult-to-child ratios on numerous occasions.

When Ritter picked up the child, her mother placed her car seat directly behind Ritter. He then picked up another child and drove to the day care center, but left Javon in the closed van, where she sat in the hot sun all day and later died. The cause of death was cardiac arrest due to hyperthermia.

It wasn’t until Ritter left to pick up children for his after-school day care program that he finally noticed that Javon was still in the van. After another child told him about the baby, he continued to pick up children before returning to the day care center. He did not take the baby to the hospital or even make any phone calls to emergency medical personnel.

Continue reading "South Carolina Day-care Operator gets 20 years for Infant’s death" »

There are many dangers when boating under the influence. Driving a boat while intoxicated can often be just as dangerous if not more dangerous than driving a car while intoxicated.

For example, a man was recently charged with boating under the influence after wrecking his boat and killing a passenger on a South Carolina lake. The cigarette boat flipped on Lake Prestwood near Hartsville, S.C. The driver, John Newsome, was rescued, but the passenger, 35-year-old Deagofe Robinson did not come back to the surface after falling out of the boat. Divers later recovered Robinson’s body in the lake. Newsome was charged with boating under the influence on the scene by Department of Natural Resources officers.

Source: Live 5 News- “Fatal boat wreck on SC lake leads to charges”-October 8, 2009.

Charleston accident attorneys urge hunters to be extremely cautious this hunting season. South Carolina hunting accidents involving serious injury or death can be avoided by using proper safety measures while hunting. Hunting accidents can also lead to liability in addition to criminal culpability. In a civil case the injured party can bring a case against the shooter and in some cases the land owner where the shooting occurred to recover money damages for their personal injuries.

A South Carolina teen was recently killed after being unintentionally shot by a fellow hunter.

The 16-year-old, Joshua Gainey, died from a gunshot wound to the chest in October of 2008. The teen was in the woods hunting with friends. Authorities say 53-year-old Dennis Hall was also hunting nearby and heard something in the bushes, fired, and ran home.

According to prosecutors, Hall did not come forward after the shooting. Investigators used a bloodhound and a gunshot shell to link him to the shooting. Hall, of Rowesville, pleaded guilty to involuntary manslaughter and has been sentenced to four years in prison.

Source: The Post and Courier- “Man sentenced in teen hunting death”- October 14, 2009.

South Carolina accident lawyers at Howell and Christmas want you to know that a medical helicopter that crashed and killed three crew members, lacked several important safety features.

After dropping a patient off at a Charleston hospital, the helicopter was flying northeast towards Conway when it crashed in Georgetown County. The helicopter flew through two thunderstorms but officials have not determined whether the conditions were a factor in the fatal crash.

Peter Knudson, a spokesman for the National Transportation Safety Board, said that the helicopter did not have night-vision equipment or a system to warn the crew that it was flying too close to obstacles on the ground. The NTSB believes these features could prevent many accidents and encourages medical helicopter programs to adopt them. After any serious accident, Charleston injury attorneys suggest that those hurt obtain copies of all reports created by state and federal agencies that investigate the crash.

Source: AP-“NTSB: Medical Helicopter Lacked Safety Features”- October 8, 2009

Charleston accident lawyers know the hazards of pools and ponds to young children. Just recently, a 2-year-old South Carolina boy died in a drowning accident in a pond in northwestern Pennsylvania. A coroner says the boy’s death was an accident, however South Carolina police are still investigating the incident. According to Deputy Erie County Coroner Dennis Suschek, the toddler, Ryan Highfill of Columbia, South Carolina wandered into the pond during a family party.

The tragic event that ended in the loss of one child’s life took place in Conneaut Township, about 100 miles north of Pittsburgh. The family was in Pennsylvania visiting relatives.

The young boy was found in the pond by his family just before 9 p.m. but they were unable to revive him. He was later pronounced dead at Hamot Medical Center in Erie, Pennsylvania. Authorities are investigating the amount of time the boy was alone in the pond.

Continue reading "South Carolina Toddler Drowns in PA Pond" »

Charleston accident lawyers at Howell and Christmas, LLC want you to know that in South Carolina a South Carolinian, who was driving under the influence, caused a fatal car accident the left one man dead and four others seriously injured as a result of the fatal crash. The drunk driver who caused the wreck was identified as Brian Stephens. Police took him into custody on a Sunday. He was charged with multiple criminal violations including, but not limited to, DUI (Driving Under the Influence), DUS (Driving Under Suspension). He also apparently tried to flee the accident scene and was also charged with this as a third offense. Given that there was serious bodily injury and death he was charged with felony counts for his DUI. The crash happened on I-26 in the upstate of South Carolina.

Reportedly, and according to police, the defendant's vehicle was seen swerving while driving West on Interstate 26 late that Saturday night. His vehicle then struck a sports utility vehicle at a high rate of speed. The car crash only involved the two vehicles but the SUV had 5 people inside it including the driver. The driver and all 4 passengers were taken by ambulance to an area hospital. The driver was later pronounced dead the next day. He and his family were apparently returning from a summer vacation when the deadly car crash occurred.

Howell and Christmas, LLC Commentary: No matter how many laws are passed and no matter how harsh the penalties are for driving under the influence, some people continue to drink too much and get behind the wheel and drive. Unfortunately, this selfish behavior affects the lives of thousands each year who are or now someone who is seriously injured in South Carolina by these reckless actions. When someone drinks and drives and hurts or kills another they must of course be prosecuted by the state to the fullest extent of the law. Victims and their families must also bring civil law suits to protect themselves and be reimbursed for medical bills, lost wages, injuries and other damages they incur as a result of these accidents.

Source: Associated Press - August 3, 2009

Hit and run accidents in Charleston and the rest of South Carolina can lead to serious civil and criminal liability for those offenders caught after the fact. According to a news story from WCSC there was just recently a deadly hit and run accident involving a car and a motorcycle near Summerville just outside of Charleston, South Carolina. The crash involved a car and a motorcycle. The man driving the motorcycle, Samuel Cox, Jr. who was 60 years of age, was killed in the South Carolina motorcycle accident.

According to officials at the highway patrol, the driver of the car is Collin Kentrus who is 19 years of age. He has been charged with leaving the scene of an accident and made an appearance before a judge in Summerville where his bond was set for his alleged crime. He reportedly had made an attempt to hide the damage to his car that was caused by the accident by painting over same and further tried to report to the Dorchester County Sheriff that his vehicle was damaged after being struck by a deer. The accident occurred on Highway 165.

Unlike the reported case here, many times the person that causes the accident cannot be found. In those cases victims injured in Charleston South Carolina and the rest of the state by the hit and run accident must file an insurance claim against the driver of the car in which they were riding for an uninsured motorist claim. There are strict requirements when filing these claims that include having proof of property damage and having a witness or witnesses to the accident. Those who suffer injuries in these types of wrecks often have to pay for their own medical treatment or place same on their private health insurance and then seek reimbursement for same from the driver's uninsured motorist insurance coverage.

Source: WCSC Live5news.com, Hit and run suspect arrested after reporting he hit deer, July 21, 2009.

Anyone working around power lines knows that doing so is a very dangerous job. Many utility company employees are injured on the job or even worse die at work due to work related accidents in South Carolina. The bottom line is that when there is an accident that causes significant injury or results in death, the worker and their families should investigate every possibility to make an adequate recovery and compensate them for their injuries or death, loss of earning capacity, pain and suffering and the like.

Just last week, the Associated Press reported that a utility worker was electrocuted and ultimately died as a result of working on a power line in Macedonia, South Carolina. The man, Jeremy Thomas, was only 25 years of age and worked for the Santee Cooper utility company. He was from Moncks Coroner, which is just outside of Charleston. The on the job accident happened in the morning hours of July 21, 2009.

According to Berkeley County officials, the man was working a highly charged power line when he was electrocuted. He was working in a cherry picker bucket off of a work truck and fell into the bucket when the accident occurred. The deceased worker was later transported to an area hospital where the official word was announced that he had died from the accident.

Continue reading "Utility Worker Dies On The Job In South Carolina After Being Electrocuted" »

Two off duty police officers were involved in a serious car accident in South Carolina near Chalreston. The crash happened in Conway at approximately 2:30 pm on July 2nd, 2009, and involved Officer Timmy Fulmore and Officer Pamela Hunt. Officer Fulmore sustained life threatening injuries to his body and was transported by ambulance to Grand Strand Medical Hospital in Myrtle Beach. Doctors at said hospital later announced that he had died from his injuries from the car collision.

Officer Hunt was originally transported to Conway Medical Hospital where she was initially treated for her injuries. She was later air lifted by helicopter to an area medical facility in Charleston, South Carolina, for the serious accident. At the time of this report there were no details available as to her medical condition. The officers were reportedly on their way home after being released from work earlier that same day and were planning on taking some furlough leave.

Source: prisonofficer.org, Tabor CI reporting, July 6, 2009.

Howell and Christmas, LLC analysis and commentary. 2009 is proving to be a deadly year on the highways and interstates in South Carolina and especially on the coast. My experience with men and women in uniform across our state is that they more alert and safety conscious than anyone on the road. Summer months on the coast and in the low country are especially dangerous as tourists from other states take to our roads in great numbers and with no familiarity with local areas and hazards. Deadly South Carolina accidents like this one just go to show that we must all focus on the road and the other cars and trucks around us as we drive to our destinations no matter how short or far the distance.

A rear end car accident in South Carolina took the lives of two children last week. The victims vehicle was slowing to a stop or had already stopped when it was struck violently from behind by a motorcycle and also by a truck. Two children were riding in the car that was hit from behind. Even though both children, 5-year-old Parker Hewitt and 3-year-old Haley Hewitt, were wearing seat belts and were both in car seats, the collision took their lives. Another car that was driving on the other side of the road was struck by the truck, which then overturned.

South Carolina officials report that the mother of the victims' car was also wearing a seat belt. Authorities report that she was in stable condition but was taken by airlift to the Medical College of Georgia . The motorcycle driver was also taken by helicopter to the same hospital. One of the drivers of another vehicle in the crash was taken by emergency medical services to Lexington Medical Center, where he was treated for his injuries and later released.

A tow shop owner for over 20 years, Clay Boland, was interviewed and noted that this accident marked that 28 fatality he has been witness to while working in his job. He noted that every death stays with him but that when children are involved "it just tears you up...". He further noted that in the time he has worked in the tow business that he has seen a number of children killed in car accidents.

Continue reading "Deadly Car Crash In Lexington South Carolina Kills Two Children" »

A Charleston driver and his passenger were killed Sunday when a driver, who ran from police, crashed his vehicle into another car in downtown Charleston causing a two death accident. The deadly accident happened after a City of Charleston police officer made a routine traffic stop for speeding in the downtown area according to a Police Department Public Information Official. Over twenty Charleston police officers, medical workers, rescue workers and firefighters, offered assistance at the scene.

While the vehicle was stopped, the driver chose to drive his car away and run from police. The run away driver only made it a short distance before crashing into the victims' Cadillac near a downtown park area. Both the driver and the passenger in the Cadillac car that was hit in the collision died on the scene according to the South Carolina Highway Patrol. The Charleston hit and run is being investigated by the Highway Patrol's Multidisciplinary Accident Investigation Team.

There were three occupants of the car that that caused the wreck. After the serious impact, they jumped out of their vehicle and ran from the scene. At least one of the suspects was picked up by a sports utility vehicle that stopped at the accident scene according to authorities.

The three suspects that fled from the police were all black males. Descriptions of two of the men, one of which was the driver, was given by Charleston police. The driver was wearing a dark green shirt and shorts. One of the passengers was wearing a tank top and blue jeans. There was no description of the third passenger.

Driver fleeing police kills 2, Postandcourier.com, June 29, 2009

As our Charleston accident lawyers at Howell and Christmas, LLC know, the injuries and damages from a serious car crash can be deadly. Just a few hours ago in South Carolina, a car crash caused a fatal injury and death to a 10 year old and also injured a driver who was taken to an area hospital, when a 1996 Ford Explorer crashed causing serious injuries and at least one fatality. The force of impact from the sport utility truck colliding with another car was so strong that it caused the death of a 10 year old and caused the driver of a 1996 Ford Explorer to be trapped in her car as a result of the accident.

The South Carolina Highway Patrol is investigating the fatal accident and injuries caused by the crash and are trying to determine the cause of the deadly crash. The sport utility vehichle involved in the wreck was carrying the injured driver and two other passengers. There is no information currently as to whether the two passengers also sustained injuries in the collision or it they were taken to the hospital.

The South Carolina Highway Partol is not releasing many details or information about the fatal crash. The accident took place in Kershaw County at approximately 5 pm on Wednesday Highway Department officals said.

Few details released in accident that killed 10-year-old, WIS Television website, June 25, 2009.

Howell and Christmas, LLC attorney analysis and comments: We have very strong wrongful death and survival action statutes in South Carolina that can be used to help protect the surviving members of someone killed by the negligence or willful conduct of another. It is very important to note that if you or a loved one believe that a family member is the victim of a negligent or intentional death, there is a statute of limitations that begins to run from the date of the accident. If you and/or the estate of your family member do not file an action against the wrongdoer within the time period allowed by the statute of limitations, you are forever barred from bringing a claim against those you feel are responsible for your family member's death or injuries.