After a two-day trial, a six person jury found Snow not guilty of the criminal charges. Nevertheless, Bannister's estate will pursue him and his employer for damages in civil court.
It's important to note that a criminal case is separate and apart from a civil case and a not guilty verdict in a criminal matter, as was the result in this case, doesn't negate any potential for the recovery of damages in a civil suit.
]]> According to a report by the Associated Press, lawsuit was filed in Dallas County and also names Snow's employer, Panama Transfer, Inc. It alleges that both the driver and the trucking company had a history of violations. Court reports indicate that Snow had been cited nine times for moving violations, including reckless driving, speeding and failure to yield. Police claim that Snow ran a red light before colliding with the car, but he pled not guilty to the charge.After a two-day trial, a six person jury found Snow not guilty of the criminal charges. Nevertheless, Bannister's estate will pursue him and his employer for damages in civil court.
It's important to note that a criminal case is separate and apart from a civil case and a not guilty verdict in a criminal matter, as was the result in this case, doesn't negate any potential for the recovery of damages in a civil suit.
]]>Proposed by Senators Barbara Boxer (D-California) and Charles Schumer (D-New York), the proposed law would prohibit car rental companies from renting cars that are subject to a federal safety recall to customers. However, once vehicles involved in the safety recall are inspected and have any defects or issues fixed, the now-safe cars are allowed to be rented in the normal course of business.
]]> According to a report by ABC News, there are over 1.5 million vehicles owned and rented by the nation's rental car companies, and the proposed law could impact upward of hundreds of thousands of those vehicles every year, as that many may be subject to federal safety recalls.ABC News reports that Enterprise, the nation's largest car rental company, initially opposed the proposed safety legislation, but following a petition drive led by the family of two young women who lost their lives while driving a rental car involved in a recall but was unfixed, the car rental company has now backed the bill.
There is a very important reason that safety recalls are issued for vehicles: they pose a safety risk. Driving a vehicle that has been recalled but not yet been fixed could result in devastating injuries - such as broken bones, brain trauma or death - if the defective part causes an accident.
Source: http://abcnews.go.com/Blotter/enterprise-blinks-battle-california-mom/story?id=15777906
]]>In the wake of technological advances, it's possible the Pennsylvania Supreme Court could rule on this issue in the future. Although, a decision by the high court in Pennsylvania won't be binding on courts in other areas of the country, it might initiate a snowball effect and force other states and jurisdictions, like Iowa, to consider allowing vehicle-black box data to be admissible in court.
]]> EDROn motor vehicles, event data recorders (EDR) are much more rudimentary than aircraft recorders, and most only record the last five-seconds of vehicle speed, throttle position and brake use before an airbag deploys.
The judge in this case is holding a hearing and will allow experts to testify as to the usefulness of the data. According to a story from Pittsburgh Tribune-Review, prosecutors claim the EDR indicates the vehicle was traveling at over 100 mph at the time of the accident. However, the defense attorney has claimed the vehicle was airborne when that speed measurement was made, rendering it inaccurate.
A limitation of the EDR is that unlike the aircraft recorders, the data is so limited that if the vehicle were airborne, there would be no precise way of knowing. Because there are no governmental standards, how the machines operate is up to the automobile manufacturers.
The judge will have to decide if the data is relevant and reliable enough to help a judge or jury decide some element of the case.
Source: http://www.pittsburghlive.com/x/pittsburghtrib/news/s_780614.html?_s_icmp=NetworkHeadlines
]]>Recently the injured woman sued Harley-Davidson Motor Company, the motorcycle manufacturer, alleging that the motorcycle was defective. She and her husband said they believed the motorcycle had an antilock brake system because an ABS logo was present on the tachometer.
At trial, a company representative testified that the ABS logo appeared on all its motorcycles for years, but lit up only on motorcycles that actually had that option. The representative said that it would have been too expensive to design and install different tachometers depending on whether a particular bike actually had ABS.
The jury seemingly agreed and ruled in favor of the manufacturer.
]]> The attorney for the company said that the couple should have become familiar with the handling of their motorcycle during the year or so they had owned it before the accident and should have known it did not have ABS.Many cases like these, however, have prevailed in a court of law. Under the law, manufacturers have a duty to make sure the design and engineering of their vehicles meets a certain safety standard. If a vehicle's air bags, tires and, like this instance, brakes are faulty, injury and death can result. However, proving such a claim requires the skill of a knowledgeable attorney.
Depending on the situation, a court will award a prevailing party compensation for medical bills and pain and suffering for instance.
Source: http://www.sacbee.com/2011/12/16/4126504/contentious-motorcycle-accident.html
]]>The study shows that more is needed to combat medical errors associated with prescription drug errors. States, however, are helping to do their part it seems to mitigate the problems.
According to U.S. Pharmacist - a monthly online publication that provides pharmacists with current and authoritative information relating to pharmacy practice - some states have implemented their own procedures to reduce mistakes with prescriptions. Various states have addressed issues with excessive workload. North Carolina, for instance, prohibits employers from allowing pharmacists to work more than 12 hours a day. If they work eight hours or more, their employers are required to provide rest or meal breaks.
]]> Other states have implemented dispensing rules. To reduce prescription drug errors in Iowa, for example, pharmacists cannot fill more than 14 prescriptions per hour.Pharmacy boards in California, Wyoming, and Oregon are also taking part. All three states require prescription bottle labels to include the color and shape of the tablets or capsules so users can make sure it's the same as what's contained in the bottle.
Patients are encouraged to also do their part to make sure they are taking the right drug. Following a few simple steps can help reduce the number of instances of prescription drug errors. Patients should make sure:
In an era of digital technology, it's inevitable that more and more doctors and hospitals will likely start using electronic methods for writing prescriptions. Unfortunately, more digital usage increases the risk of errors. However, public awareness, studies, additional training, and tougher regulations can all help to reduce accidents, injuries and even deaths associated with prescription drug errors.
Source: http://www.medpagetoday.com/PracticeManagement/InformationTechnology/30007
]]>However, once touted as a measure that was sure to help decrease medical errors, a new study suggests that switching from prescribing prescriptions via paper to e-prescribing may actually lead to more problems.
]]> The StudyAccording to a study published in MedPage Today and discussed at the recent e-Health Collaborative's Digital Health Conference in New York, primary care doctors that initially adopted an electronic health record (EHR) system saw a significant decrease in prescription errors. However, more experienced physicians that had been using EHR systems and simply upgraded or transferred systems showed a significant increase in prescription errors.
Conducted by Lisa Kern, MD, of Weill Cornell Medical College in New York, the study examined 138 primary care physicians - comprised of both seasoned EHR adopters and paper prescribers - and looked at 15 different quality measures.
The paper prescribers that transitioned to using an EHR for the first time showed an 85 percent decrease in errors relating to drug prescribing. However, the experienced EHR users that upgraded to a new system showed a sharp increase in the number of errors. Inaccurate abbreviation errors were the most common type.
According to the Institute of Medicine, medication errors affect more than 1.5 million Americans every year. Many of these errors are attributed to inaccurate or miswritten prescriptions which result in patients being mistakenly given the wrong drug with a similar name.
For example, Aciphex and Aricept have similar spellings, but the former is prescribed for acid reflux and the latter is prescribed for memory. Fosomax and Flomax also look quite the same, but are used for two completely different health conditions.
Sadly, the list goes on and on. Unfortunately a simple misabbreviation or misspelling of a word or name isn't just inconvenient; it can lead to injury or death to patients. Patients who seek help for high blood pressure, for instance, and instead receive a drug for erectile dysfunction, could get very sick or even die.
Whether through additional training or a redesign of EHR systems, the study points out that more is needed to make sure doctors and medical professionals are utilizing the systems correctly.
Source: http://patients.about.com/od/drugsandsafety/a/prescerrors.htm
]]>The Survivors Network of those Abused by Priests (SNAP) partnered with the Center for Constitutional Rights to request the International Criminal Court (ICC)-based in the Hague, Netherlands-to investigate why no high-ranking Church officials have faced prosecution for harboring priests who committed sexual abuse.
SNAP named the following individuals in the complaint:
]]>The complaint argues that Church leaders created institutional policies that perpetuated abuse. It also claims the ICC has grounds to investigate because by allowing abuse to go on, they effectively attacked a civilian population with the war crimes of rape, sexual violence and torture.
SNAP leaders acknowledge that the odds of the ICC opening an investigation are remote, but the group felt it needed to take dramatic action to prevent further children from becoming victims in the future.
Sexual abuse allegations against clergy in Iowa demonstrate the extent of the problem to which SNAP leaders want to call attention. In 2008, the Archdiocese of Dubuque paid $4.8 million to settle 18 sexual abuse cases against priests. In 2006, the Diocese of Davenport filed Chapter 11 bankruptcy after paying $10.5 million to settle dozens sexual abuse claims, and because of the prospect of more people filing cases against Bishop Lawrence Soens.
Many survivors struggle with the pain resulting from the abuse for years after it has ended. Finding the courage to come forward is not always easy but seeking legal recourse can help aid in healing. If you have been sexually abused by a clergy member, contact an experienced attorney who can discuss legal options available under the law with you.
Source: http://www.cbsnews.com/stories/2011/09/13/501364/main20105805.shtml
]]>1. Glider Recliners with Ottomans - Big Lots - Entrapment and Finger Crushing Hazards.
2. Pourable Gel Fuel - Evergreen Enterprises - Burn and Flash Fire Hazards.
3. Gas Rangetop with Grill - General Electric - Explosion Hazard.
]]>The Consumer Product Safety Commission (CPSC) issued a press release today with a number of great safety tips to avoid common Halloween hazards and keep your family safe from harm. Be sure to check out the 3 Step Safety Check for a quick and easy Halloween safety checklist.
Have a happy and SAFE Halloween!
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Year to date, 236 total individuals have lost their lives in auto-accident fatalities; down from 390 people last year. These fatalities include Michael Collins, a volunteer firefighter, who was killed after being hit in Shelby, Iowa, while directing traffic, Iowa State Trooper Mark Toney, who was killed in Indianola, and four elderly women who died in a single-car accident in West Des Moines.
]]> The Iowa Department of Public Safety Commissioner Larry Noble says, "It's been difficult to see so many die on Iowa's roadways...Losing Trooper Mark Toney was particularly hard for the Department of Public Safety and the state patrol."However, a couple of months remain in 2011-leaving the potential for this year's roadway fatalities to surpass 2010. The farm harvest and holiday seasons that are about to kick off are particularly worrisome.
During the harvest season, farm vehicles frequent the roadways. Noble says that drivers should take caution when they see these vehicles traversing the roads. Additionally, the Thanksgiving and Christmas holiday season often involve drinking alcohol, and at times, drinking and driving.
The number of auto-accident fatalities has also decreased nationwide. According to the Department of Transportation, over 32,000 nationwide car-accident deaths occurred in 2010; down from over 43,000 in 2009. The agency attributes the decline to several factors including the passage of laws regulating texting while driving and the implementation of new and better auto-safety features.
Some Des Moines car accident lawyers say that laws, safety features, and continuous public awareness can hopefully help to decrease auto accidents and fatalities within the state.
]]>Many states, including Iowa, have implemented three different stages each with different restrictions and privileges. Advocates, including some Iowa motor vehicle injury attorneys, argue that these types of programs help to prevent unnecessary auto accidents and fatalities.
]]> Stage One: Instruction PermitAfter completing requisite vision and driver tests, Iowa drivers age 14 and older can obtain an instruction permit. Certain conditions must be met, however, before the driver can progress to the next stage of privileges including:
Maintaining a clean driving record for six months
Iowa drivers 16 years of age and older who pass the requirements of the instruction permit stage may be granted an intermediate license, however, certain conditions must be met, before the driver can obtain full driving privileges including:
Maintaining a clean driving record for six months
Iowa drivers age 17 or older can obtain full license status after completing all requirements and conditions of the first two stages. Full license status carries no restrictions as outlined by the two previous stages.
Individuals are encouraged to visit the Iowa Department of Transportation for further information and answers to commonly asked questions.
]]>As of today, fuel gel and firepot prodcuts are still being sold in Iowa. Galligan Reid, P.C. is advocating for a complete recall and ban on these products by the Iowa Attorney General and the Consumer Product Safety Commission.
]]>According to the Federal Emergency Management Agency-the federal agency commonly known as FEMA that responds to natural disast
]]> Last month, several thunderstorms produced torrential rains throughout the state, dropping off as much as five inches of rain in some areas. The excessive runoff that resulted forced the Iowa Transportation Department to shutdown Iowa Highway 92 in Mahaska County. Highway 5 near Hartford was also closed early last month due to heavy rainfall.Only a few weeks ago, the National Weather Service in Des Moines, Iowa, issued a flash flood warning for both Cerro Gordo and Southern Worth Counties after rainfall estimates of up to 4.5 inches in a few hours were predicted to hit the area.
Many people underestimate the powerful effects of standing water on roadways, particularly if it strikes unexpectedly. (Some flash floods occur even if it isn't raining.) A mere 6 inches of fast-moving water can knock a person to the ground. It only takes two feet of water to easily float a large car. Unfortunately, many drivers still attempt to get behind the wheel and drive through water-logged roads because they miscalculate or unaware of the dangers. This leads to auto accidents and fatalities. Approximately 80 percent of flood deaths are reported to occur in vehicles.
Progressive auto insurance recommends drivers follow a few safety tips if caught driving in a flood.
The city of Waterloo, Iowa, fortunately, is doing its part to help cut down on motor vehicle accidents. The Waterloo City Council recently voted to improve the safety of seven local intersections throughout the city.
]]> Through the use of safety grants from the Iowa Department of Transportation (IDOT), Waterloo city workers will begin improving traffic signals and medians, among other improvements.One of the intersections that will see improvements is at U.S. Highway 63 and University. Wcfcourier.com points out that this intersection was the site of the tragic accident that claimed the life of an 18-year-old in the fall of 2009.
According to Sandie Greco, Traffic Operations Superintendent, all intersections scheduled to receive improvements were rated among the top accident-prone roadways according to data from the DOT.
At-fault drivers may be held liable for causing injuries to another in an auto accident. However, in certain situations, a city, municipality or state may be responsible for an automobile accident. Examples include a failure to:
If you have been involved in an auto accident as a result of another at-fault driver or due to the possible negligence by a city or municipality, seeking the advice of an experienced auto accident attorney is recommended.
An experienced personal injury attorney can help you seek compensation for medical bills, future medical expenses, lost wages, and pain and suffering from all parties responsible for your injuries.
]]>While DADSS is still in development, an NHTSA release says that both a touch-based system and a breath-bases system are being evaluated. DADSS will detect the blood-alcohol level of the driver, and, if the driver's BAC is at or above the legal limit of 0.08, keep the vehicle from becoming operational.
]]> According to Shane Karr, Vice President for Federal Governmental Affairs at the Alliance of Automobile Manufactures, DADSS technology will be precise enough to impact only those drivers with a BAC over the legal limit, and that the technology will be reliable enough to require very little upkeep.The NHTSA reports that in 2009 there were 10,839 fatalities in accidents involving a drunk driver - this amounts to 32 percent of all fatal vehicle accidents. Additionally, NHTSA research shows that drunk drivers involved in fatal accidents were eight times more likely to have a prior drunk driving conviction on their record than sober drivers involved in fatal accidents.
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