South Carolina Lawyer Blog

A pedestrian was struck and killed Wednesday morning off Monticello Road in Richland County.

Michael D. Stevenson, 48, of Margate Street, died on the scene about 6:30 a.m. of multiple trauma, said Richland County Coroner Gary Watts.

The incident happened on Blue Ridge Terrace off Monticello, said S.C. Highway Patrol spokesman Lance Cpl. Josef Robinson. William Austin, 56, was traveling east in a 1989 Dodge van when he hit Stevenson, who also was walking east in the roadway, Robinson said.

If you or someone you love has been involved in a pedestrian accident, you should speak to the knowledgeable pedestrian accident attorneys at the Louthian Law Firm as soon as possible. Pedestrian accidents can be contentious, with both sides arguing about fault even as bills pile up. Pedestrians who survive a crash often come away with very serious, potentially disabling injuries like neck and spine injuries, traumatic brain injuries and multiple fractures. Good legal representation can help you secure money to help pay medical bills, funeral costs and lost wages, as well as compensate you for pain and suffering, wrongful death and other emotional injuries. For a free consultation with no obligation on your part, call the Louthian Law Firm today at 1-866-410-5656.

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Posted In: Auto & Car Accidents

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A McDonald’s worker, who was strip-searched and sexually abused by a man masquerading as a cop got a $6.1 million jury award in her lawsuit against the fast food giant. According to a news article in The State , Louise Ogborn had filed a $200-million lawsuit against her employer alleging that McDonald’s officials had not warned her and other employees about the hoax caller, who had done the same at other chain restaurants.

Ogborn, who is now 21, was only 18 years old when the incident occurred. According to the article, the jury awarded her $5 million in punitive damages and about $1.1 million in compensatory damages. The decision came after a four-week trial and 13 hours of deliberations, the article said. Ogborn’s attorney maintained that the company was negligent although attorneys for McDonald’s argued that the company could not be held liable for what happened to Ogborn. Company officials are reportedly mulling over an appeal. In deciding on the compensatory damages, jurors said both McDonald’s and the unnamed caller were liable.

Continue reading "Former McDonald’s Worker Gets $6.1 Million For Illegal Strip Search" »

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Posted In: Workplace Injuries

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Two men died in Charleston, South Carolina on Friday when their SUV blew a tire and plunged off the Don Holt Bridge, according to an Associated Press Report published October 3rd.

Castillo Izaquirre, 31 and Pineda Cardenas, 21 both died from trauma resulting from the 90 foot fall. A Coast Guard spokesman indicated that the two men of Mexican descent, were driving a Ford Explorer at 11:00am when the accident occurred.

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Posted In: Auto & Car Accidents

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A South Carolina Longshoreman who was injured when a steel shipping container fell onto his SUV, settled a personal injury lawsuit for $13.2 million. The settlement is thought to be one of the largest of its type in South Carolina history, according to an Associated Press Report.

Michael Clarkin suffered injuries to his legs, back, and nervous system when the container fell onto his SUV at the State Ports Authority’s North Charleston Terminal. The settlement was reached with the Ports Authority and two other defendants.

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Target stores announced the latest in the rash of child toy recalls on October 2nd, according to an NBC News Report. The company is recalling the “Plush Boys Rattles” because of a potential choking hazard.

There are three types of rattles – the orange basketball with black stitching, the white baseball with red stitching, and the brown football with white stitching. Target, which sold the rattles from March through May of this year, indicated that the rattles can break open, releasing small beads which small children can choke on. Target has indicated that consumers can return the rattles to their stores for a full refund.

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The hits keep coming for the toy industry. Last week, a wave of new toy recalls by the RC2 Corp. and Target resulted in the recall of more then 900,000 toys. And now a consumer advocacy group said it has found hazardous levels of lead in many toys made out of vinyl plastic, an Associated Press report stated on Friday, September 28th.

Mike Schade, a campaigner for the Center for Health, Environment, and Justice said that a random testing of 50 plastic toys found high lead level content in 11 of them.

“It’s absolutely astonishing to us that lead continues to be found in children’s toys despite the fact that consumer and environmental groups have been warning the government about this issue for more than 10 years”, said Schade.

Continue reading "Consumer Group Finds High Lead Levels In More Children’s Toys" »

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A lawsuit that was filed against a nursing home by twenty-three families who had lost loved ones when a bus transporting patients exploded was settled on Tuesday, September 25th, according to an Associated Press Report.

In August of 2005, Hurricane Katrina ravaged the South, killing more than 18,000 people and causing more than 80 billion dollars in damage. So when Hurricane Rita threatened the residents of Brighton Gardens, a Houston-area assisted living community, a month later, the decision to flee the area seemed a wise choice. When the bus that was evacuating the nursing home patients exploded, however, the families of the 23 patients who lost their lives were left to question the decisions and methods of evacuation the home chose.

Continue reading "Nursing home, relatives settle Rita suit" »

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Posted In: Nursing Home Abuse/Neglect

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A recent employment discrimination case sheds light on the toll disability discrimination can take on people who already struggle with debilitating lifelong illnesses.

The plaintiff in the Brown v. Kelly Servs., Inc. case in New Jersey was diagnosed with multiple sclerosis (MS) about a year after a promotion at her employer, an employment services agency. That’s when her troubles began – though Brown needed special furniture, such as an ergonomically correct workstation, and revised work responsibilities to allow her to continue working, her employer refused to provide them. In addition, other co-workers without disabilities who asked for furniture were given the furniture without question. The agency that employed Brown even gave her more face-to-face sales calls to complete, which impacted her ability to work at all.

Continue reading "MS Victim Victory In Discrimination Case" »

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Posted In: Discrimination

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A recent Arizona lawsuit ruled in favor of a woman who claimed that she was sexually molested by an endocrinologist during an examination. This kind of medical negligence lawsuit is unfortunately not pursued often enough by patients who experience molestation at a medical care provider’s hand.

Inappropriate contact by a doctor is not only a violation of the personal trust you place in a medical care provider. It’s harassment, it’s against the law, and it can constitute medical negligence. Unfortunately, victims often feel scared, pressured, and guilty and can be encouraged not to disclose their abuse to others. This leads to underreporting of sexual abuse by doctors and a failure to pursue prosecution and litigation.

Continue reading "Sexual Molestation At The Doctor’s Office – What You Should Know" »

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The mother of Jason Goss, who was killed while he was an inmate at Wateree River Correctional Institution, has filed a suit against the South Carolina Corrections Department. The suit alleges that the prison failed to protect her son from assault by other inmates, according to an Associate Press Report published on October 3rd.

The suit was filed independently of the criminal charges involved in the case. Two inmates were charged with murder in Goss’ death. They each face 30 years to life in prison if convicted. Goss was found unconscious on October 6th, 2006 at Wateree River Correctional Institution. The agency said at the time that emergency personnel pronounced him dead at the scene.

Continue reading "Mother sues South Carolina Corrections Department after son dies" »

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Posted In: Wrongful Death

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A baby-sitting grandfather. A BB gun. A lost eye. The recent Bryan v. Garcia case in Texas has a tall tale to tell about supervision, negligence, and personal injury. While their parents were out of town, two brothers ages 5 and 8 stayed with their grandfather. When a first cousin came to play with a BB gun in hand, the boys asked and received permission from their grandfather to take his own BB gun to the house to play with their cousin. Tragedy struck when the cousin shot the younger brother in the eye with a BB gun.

The child had to undergo both eye removal surgery and prosthetic eye insertion, incurring nearly $90,000 in medical expenses and an estimated $76,000 along the way. The boy’s father sued both the grandfather and the cousin (through the boy’s parents) for negligence. He claimed that the grandfather had both failed to supervise the children and contributed to the shooting by allowing the boys a “dry run” with the guns, which the grandfather supposedly had checked for pellets. In addition, he claimed that the cousin should not have pointed and fired the BB gun at his cousin’s face.

Continue reading "BB Gun Lawsuits Holds Parents Responsible For Kids’ Negligence" »

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Barely days after New Jersey-based Topps Meat Company recalled 21.7 million pounds of E. Coli-contaminated ground beef, Cargill Inc. is doing the same, recalling 840,000 pounds of ground beef patties distributed at Sam’s Club stores across the country, which they say are contaminated with E. Coli bacteria. According to an article posted in The State , the recall came after four Minnesota children were sickened by the bacteria after consuming the tainted products.

Two of the children who became ill as a result of the contaminated beef had to be hospitalized, and one still remains in the hospital, according to the news report. All the children became ill between Sept. 10 and Sept. 20, the article stated. The recalled packages were reportedly manufactured on Aug. 9, 10, 15, 16 and 17 and bear the number “Est. 924A” inside the USDA inspection mark. Also, a majority of the contaminated products were the American Chef’s Selection Angus Beef Patties.

Continue reading "E. Coli-Contaminated Beef Sickens Four Children, Spurs Voluntary Recall" »

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Posted In: Food Poisoning

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Fifty-two students and six employees at The Midlands Math and Business Academy either did not come to school or left early due to illness on Thursday according to an Associated Press report published Friday, September 28th. The students and employees reported suffering from diarrhea, cramping and vomiting.

As of Friday, 25 of the Richland County Charter School students were still absent. The fourth through eighth grade school has no cafeteria but students do eat delivered meals in their classrooms. None of the other schools served by that kitchen are reporting mass absences.

Continue reading "46 Percent of School’s Students Absent From School After Falling Ill" »

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A massive, nationwide beef recall has driven New Jersey-based Topps Meat Co. out of business, but government scientists are still scratching their heads when it comes to pinpointing the source of the E. Coli bacteria that contaminated the company’s ground beef, which reportedly made 32 people ill.

According to an article in The State , even after the company shut down putting 87 people out of their jobs, the investigation goes on. The only information we know is the U.S. Agriculture Department’s finding that Topps’ plant in Elizabeth, N.J., lacked adequate food safety measures to prevent the E. Coli contamination.

What has turned out to be the second largest beef recall in this country’s history – a whopping 21.7 million pounds of ground beef -- has also led to criticism of the U.S. Agriculture department who many believe should have hastened the recall. USDA officials are now saying that they will speed up such recalls and warnings in the future, which is of course too late for the 32 people across eight states who were sickened by the contaminated beef. No deaths have been reported so far.

Continue reading "Massive E. Coli Tainted Beef Recall Shutters Company" »

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A South Carolina woman settled her lawsuit with the Babcock Center, a home for the mentally ill, for $250,000 according to an Associated Press Report published Tuesday, October 2nd. The suit alleged that Brenda Bryant’s daughter, a 21-year-old mentally retarded woman, was raped by at least one man after she left a Babcock home with them in 1995.

Brenda Bryant says she settled with the Babcock Center, but that money can not undo what’s already been done. The Babcock Center meanwhile has maintained that the sex was consensual. Babcock Center executive director Judy Johnson says the company admitted no wrongdoing in the settlement. She says she thought the company’s insurance provider settled based on financial reasons.

Continue reading "South Carolina woman who claimed disabled daughter was raped settles lawsuit" »

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A recent Louisiana car accident lawsuit can teach personal injury victims an important lesson about the many routes to justice that can be taken by an experienced legal team. In the Turner v. Iafrate case, plaintiff Turner was struck by a car while riding as a passenger. 35-year-old Turner, who is a homemaker, was in the passenger seat when the driver of the vehicle made a left-hand turn across an intersection whose signs had been removed due to construction. The impact of another vehicle caused a fracture in her C4-6 vertebrae, causing quadriplegia and partial paralysis.

Paralysis isn’t the only thing that Turner suffered – she not only accrued medical expenses in excess of $435,000 but will need nearly $4 million in lifelong medical care and has lost potential future earnings of nearly $500,000. Though the vehicle in which Turner was injured was only struck by one driver, Turner’s legal team decided to sue the parish, construction contractor, and project engineers whose negligence caused “no left turn” and “one way” signs to be removed during construction.

Continue reading "Car Accident Tragedy Has Lessons To Teach About Personal Injury Lawsuits" »

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Posted In: Auto & Car Accidents , Personal Injury

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Toyota and Nissan both ordered recalls Wednesday, according to an Associated Press Report published September 26th. The two recalls were unrelated, but could potentially affect more then 800,000 cars in the United States and Canada.

Toyota Motor Corporation is recalling optional “all-weather” floor mats in the Lexus ES350 and Toyota Camry passenger cars. The move comes after the National Highway Traffic Safety Administration issued a consumer advisory about the heavy-duty rubber floor mats. These mats, if left unsecured, could move forward and trap the gas pedal, causing the vehicle to accelerate uncontrollably.

Continue reading "Toyota And Nissan Order Recalls Affecting 800,000+ Cars " »

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It was a tight squeeze – and when a woman operating an electric power wheelchair lost control in a church bathroom, a lawsuit and hefty verdict was born. Plaintiff Olsen, age 69, was run into by Reid, in a women’s bathroom at her church. Reid, who was trying to get into the restroom, pinned Olsen’s knees underneath the bathroom vanity. Unfortunately, Olsen, who had already had two knee replacements, suffered serious injuries, which included a broken right leg that necessitated screws and rods.

Olsen’s injury has caused ongoing pain and suffering, including limited range of motion, depleted strength and leg pain. It also caused a medical bill to the tune of over $60,000. Tired of her ongoing struggle, she filed a lawsuit against Olsen, claiming that Olsen’s failure to control her wheelchair constituted negligence that led to her personal injury.

Continue reading "Electric Wheelchair Accident Leads To Hefty Verdict, Ongoing Struggle " »

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Posted In: Personal Injury

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The RC2 Corporation announced the recall of over 600,000 of its toys and children’s necklaces Thursday, according to an Associated Press Article dated September 27th.

The RC2 Corp’s “Knights of the Sword” series toys and some of its Thomas And Friend items along with floor puppet theaters and gardening tools and chairs were among the items being recalled. The reason for the recall was the high levels of lead in their surface paint and some of their metal parts.

Earlier this year, on June 13th, RC2 Corp announced the first recall from the Thomas and Friends Product Line of 1.5 Million wooden railway toys. The company has now announced a new recall of five Thomas and Friends toys, totaling about 200,000 toys in all that were not included in the first recall.

Continue reading "Another Child Toy Manufacturer Announces Recalls" »