South Carolina Lawyer Blog

GoUpstate.com reported recently that independent testing of residual groundwater near the Cannons Campground community is being done in connection with an investigation concerning the alleged improper disposal of dangerous chemicals by a manufacturing plant in Spartanburg.

Columbia attorney Bert Louthian, along with Graham Newman of the Harpootlian law Firm, who are representing more than 100 residents of the area, are drilling groundwater monitoring wells as part of their continuing investigation into the extent of the contamination.

The groundwater contamination at issue resulted from the operations of a Hoechst Celanese polyester fiber plant previously located in Spartanburg.

Read the entire article here: http://www.goupstate.com/article/20130419/ARTICLES/130419573/1001/sports02?p=1&tc=pg

More About: Environmental Pollution

As spring arrives and the weather clears, drivers across the state should be alert for pedestrians.

Every three days, someone dies in a pedestrian accident in South Carolina, according to the state Department of Public Safety. For bicyclists, the fatality rate is approximately one death per 17 days.

These statistics show the danger involved in simply walking, jogging or biking on South Carolina streets and highways.

Unfortunately, in most car-pedestrian encounters, it is the pedestrian who generally pays the higher price. The result of a pedestrian accident can include broken limbs, cuts and abrasions, spinal damage, traumatic brain injury and wrongful death.

A pedestrian fatality occurred April 4 in Florence County, where a 50-year-old woman was struck and killed by a 2003 Oldsmobile while walking home from taking care of her grandmother.

“The fatal hit and run happened on Tanyard Street in Timmonsville around 9:15 Thursday night, according to LCpl. Sonny Collins with the South Carolina Highway Patrol,” reported Carolina Live.com.

The 19-year-old driver of the Oldsmobile initially fled the scene but returned to talk to police. He was arrested and charged with Felony Driving Under the Influence and Leaving the Scene of a Collision Involving Death.

7 Facts About Pedestrian Accidents

1. There were 4,280 people killed in pedestrian accidents in 2010, a 4 percent increase from 2009.
2. An additional 51,000 people were injured in pedestrian accidents nationally.
3. About 75 percent of pedestrian deaths were in urban areas.
4. Almost 70 percent of pedestrian deaths were at night.
5. The majority of pedestrian deaths were male (70 percent).
6. People aged 75 and over had the highest number of fatalities.
7. Children aged 10-14 had the highest number of injuries.

Source: Carolina Live.com http://www.carolinalive.com/news/story.aspx?list=195106&id=881163

A woman standing on a downtown Columbia sidewalk was hospitalized after being injured in a pedestrian accident caused by a driver attempting to beat a red light.

The driver struck another vehicle coming through the intersection. Both vehicles then collided with the woman, who was waiting on a corner.

A pedestrian is injured by a car every eight minutes in the United States, according to the National Highway Traffic Safety Administration. Every 108 minutes a pedestrian is killed.
Pedestrian accidents account for approximately 10 percent of all traffic fatalities nationwide.

Here is a report from WIS-TV:

Columbia Police said a man trying to beat a red light at Hampton Street and Assembly Street caused the collision that left the unnamed pedestrian with a leg injury.

Gary Jones, 54, was cited for disregarding a traffic control device after the incident.

Police say Jones was traveling eastbound on Hampton Street when he ran a red light and hit a vehicle traveling northbound on Assembly. The two vehicles then hit a woman who was standing on the sidewalk at the northeast corner of the intersection.

EMS transported the pedestrian to an area hospital. A spokesperson for the police department said she appeared to have an injury to her leg or ankle.

A total of 818 people died in South Carolina auto accidents in 2011, according to the South Carolina Department of Public Safety. Thousands were injured.

Source: WIS-TV http://www.wistv.com/story/20660077/police-pedestrian-hospitalized-after-driver-tries-to-beat-red-light

July may be the deadliest month for ATV riders, according to the U.S. Consumer Product Safety Commission (CPSC). This year, the agency says, it’s already heard of almost 160 deaths related to ATV accidents around the country. Nearly 30 of those deaths were children under the age of 16. Experts say that recent data not only shows more children and adults getting seriously injured or killed in ATV accidents, but accidents also increase around the summer months. For example, between 2004 and 2006, just the months of March and April saw the number of children under 16 killed in ATV accidents rise over 65 percent. The same time period saw adult deaths rise 85 percent.

This year, the CPSC says, at least 18 ATV-related deaths happened over the Memorial Day weekend holiday. Experts from the CPSC say that recent years show that these higher rates of death and injury usually peak in July.

All-terrain vehicles, or ATVs, are powerful autos that can go well over 60 miles per hour and can often weigh more than 700 pounds. Unfortunately, too many parents and riders assume that the vehicles are more like toys than serious machines. Because of this, many riders don’t treat their ATVs with the proper caution and ride in unfamiliar terrain, at high speeds, and without proper safety equipment. The CPSC says that many riders are unaware that ATVs actually pose a very high rollover risk, particularly in rough terrain. This high rollover risk means that all ATV riders should undergo training and be aware of just when and where it is safe to ride.

The CPSC recommends that all ATV riders follow these safety tips:

• All ATV drivers, both adults and children, should take a hands-on ATV safety course from a certified instructor.


• Do not allow children younger than 16 years old to drive or ride adult ATVs. Children younger than 16 years old do not have the skills to safely drive adult ATVs. More than 90 percent of all injuries to children happen because of this.


• Likewise, children younger than 6 should never be on an ATV—either as a driver or as a passenger.


• Always wear protective gear—especially a helmet—when riding an ATV.


• Do not ride on a single-rider ATV as a passenger or carry a passenger if you drive one.


• Never allow more people on any ATV than the vehicle was designed to carry.


• Do not drive ATVs on paved roads. ATVs have solid rear axles, which make turning on paved surfaces difficult and dangerous. It also increases the risk of the ATV overturning or hitting another object, such as a tree or car.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at 888-662-9820 or through its online form.

According to a new report, South Carolina ranks among the deadliest states for deaths due to injury—whether from accidents or violence. The study, titled The Facts Hurt: A State-By-State Injury Prevention Policy Report, was recently released by the Trust for America’s Health and the Robert Wood Johnson Foundation and focused on key steps that states can take to reduce the number of injury deaths. The report looked at each state, ranking them on a 10 to 0 scale, with states receiving one point for each of 10 policies that could improve safety. Two states, California and New York, scored nine out of the possible 10 points, and had the best overall ratings, according to the authors. South Carolina, on the other hand, scored only three out of 10 points. Only two states, Montana and Ohio, scored worse.

According to the Trust, South Carolina has almost 72 injury-related deaths for every 100,000 residents each year. The national average is about 58 deaths per 100,000 people. The number of injury-related fatalities means South Carolina also loses an estimated $26.3 million each year due to special kinds of medical costs related to these fatal injuries. Across the nation, about 50 million people in the U.S. are treated for injuries each year. It is the third leading cause of death in America, and, for Americans between the ages of one and 44 it is the leading cause of death. In total, injuries generate about $406 billion in lifetime medical costs and lost productivity each year, the Trust says.

The report looked at 10 different policies, ranging from seatbelt laws to teen dating violence and prescription drug abuse, which the Trust says have a growing amount of research behind each of them showing that they improve safety and help prevent accidents and violence. According to the report scorecard for South Carolina, the state uses only three of the ten policies. The policies that gained South Carolina points include seat belt laws, a prescription drug monitoring program, and a system that regulates how hospitals document and track the causes of injuries they treat.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Over the course of the last four years, the University of South Carolina (USC) has paid over $175,000 in fines because of health and safety violations involving asbestos—including an incident where at least one student was potentially exposed to the cancer-causing substance.

A recent article in The State outlines USC’s checkered history with the dangerous material—one that is often found in building materials made and used prior to the late 1980s, when the link between asbestos and certain types of illness and lung cancer caused the government to ban its use.

These most recent fines come on the heels of work carried out at three student housing complexes, a medical school building, a building at the USC-Lancaster campus, as well as Williams-Brice Stadium in Columbia. According to records dug up by The State’s investigation, USC has been cited at least five times since 2008 by the South Carolina Department of Health and Environmental Control (DHEC).

The dangers of asbestos—the brand name for a product that is actually a blend of six different minerals—has been well documented by both medical and environmental experts, since before the official 1989 ban by the Environmental Protection Agency. The Centers for Disease Control and Prevention, in coordination with the Agency for Toxic Substances and Disease Registry, maintains an online hub for information about asbestos, related health risks, and who to contact to detect and remove asbestos properly.

This isn’t the first time the University has run across fines and other penalties for asbestos troubles. According to various state records and news reports, USC’s troubles began almost 10 years ago, with DHEC citations for work done on the Spartanburg campus.

What seems most troubling—aside from the enormous cost of these fines—is the tremendous amount of danger students and workers at USC faced, and how very unnecessary that risk truly is.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form.

Despite downturns in the economy, many people still plan to hit the road during the month of March, as schools and universities across the country dismiss for Spring Break. And in recent surveys, South Carolina’s Myrtle Beach ranked among the top ten most popular destinations for Spring Break.

Unfortunately, a tragic car accident in Ohio serves as a reminder that Spring Break fun can turn deadly. With thousands of young people traveling up and down the Atlantic coast in coming weeks, the government and consumer groups alike urge caution in order to keep Spring Break vacations safe as well as memorable.

While many tips are targeted at those traveling out of the country, and include advice about avoiding ice and sliced produce, the American College of Emergency Physicians offers tips and warnings about sun exposure, safe sex and alcohol use. There are some hidden dangers that travelers may not immediately consider, such as the toll of exhaustion, sun exposure, dehydration, and driving for long periods of time or at odd hours. These risks can not only endanger vacationers, but those on the roads and beaches with them. Many young people may not consider that a few hours’ sleep deprivation can impair driving skills as much as alcohol or drugs.

In one AAA survey, nine out of 10 police officers said that they had stopped people for drunk driving behaviors and instead found a sleepy driver behind the wheel. Many groups emphasize the importance of getting enough sleep not just for driving safety, but also because of the toll lack of sleep takes on a person’s ability to make smart decisions. An exhausted, sleep-deprived young adult may not be able to clearly think through the consequences of risky behavior.

In addition to getting adequate sleep, doctors recommend vacationers drink plenty of non-alcoholic fluids, take frequent breaks from physical activities, wear sunscreen and re-apply it frequently. Sun-exposure, dehydration and the effects of binge drinking are among the most likely causes of ER visits during Spring Break.

Parents, students and community members should pass along safe vacationing tips to anyone going on a Spring Break vacation. Those living near Myrtle Beach, Charleston, Hilton Head or other Spring Break hot-spots should be especially watchful while driving or enjoying the outdoors in the coming weeks, keeping an eye out for any Spring Breakers or others who may be carrying the fun a bit too far.

At the Louthian Law Firm in Columbia, SC, we have represented the rights of accident victims and other injured South Carolinians since 1959. We’re committed to providing personalized service to you while aggressively going after wrongdoers. Because we know how financially devastating an accident can be, we never charge you a dime until your case is won.

For a free evaluation of your case, call us today at (866) 454-1200 or (803) 454-1200. You can also fill out our confidential online case evaluation form.

The S.C. Department of Health and Environmental Control (DHEC) is asking people in Columbia to be cautious and avoid wild animals after two separate reports of attacks by foxes in southeast Columbia. Officials suspect that rabies may be involved.

DHEC’s Sue Ferguson says nearly 400 South Carolinians have to undergo treatment for rabies every year. In 2011, there were 107 confirmed cases of rabies in the state.

While wild animals are the most common carriers of the disease, house pets also catch rabies. State law requires pets to be vaccinated regularly against rabies. Law also requires all vaccinated pets to wear tags with the most current vaccination information.

Owners should make sure their pets’ vaccinations are up to date. Owners who don’t take the proper precautions risk the health of a beloved pet as well as the health of their neighbors, friends and family.

If a pet is exposed to rabies or suspected of being rabid, owners must take additional steps to ensure the disease is contained. Owners can be held personally responsible under state law for failing to take proper steps and for any harm a rabid pet might cause. Quarantine, revaccination or other procedures may be needed if a house pet is exposed to rabies.

All animals acting suspiciously should be reported to the DHEC.

If you are bitten by an animal, experts recommend immediately washing the area with lots of soap and water. You should seek immediate medical attention and report the incident to the DHEC.

For help with your South Carolina accident or injury claim, contact the Louthian Law Firm today. Call us toll free at (866) 454-1200 or locally at (803) 454-1200. You can also contact our South Carolina personal injury lawyers online for a free evaluation of your case.

Josephine County, Oregon will pay a Washington couple $1.2 million for injuries they suffered after falling from a suspension bridge at a “treesort” in Takilma, Oregon. The couple was posing for a picture on the bridge that was suspended between two trees when the railing gave way causing them to fall head-first to the ground.

The family sued the county claiming they failed to inspect and issue permits for construction of the bridge; failed to require the design to meet applicable standards; and failed to stop the resort from building structures without inspections and permits. The Out ‘n’ About Treesort features guest housing in tree houses.

The lawsuit claimed the woman suffered spinal injuries, a fractured left wrist, multiple bruises and emotional distress from the fall. Her husband suffered injuries to his brain, ribs, left shoulder and arm, as well as mental and emotional distress. They had initially sought $7 million.

While the county paid the amount, they did not admit liability and settled to avoid further litigation.

Personal injury deals with injuries caused by the negligence of others. If you or a loved one has been injured due to the negligence of another, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-454-1200.

Personal Injury

A Pierce County, WA jury awarded a woman $2.2 million for injuries she suffered when two pit bull dogs attacked her leaving her with bite wounds to her face, neck, breasts, nose, arms and hands. The owner of one of the dogs is responsible for $1.1 million and a neighbor, who had left her dog in the care of the other, is liable for $110,000. Pierce County was found liable for $928,000.

The county, who has said they will appeal, was found negligent for not following up on earlier complaints about vicious dogs in the dog owners’ houses. The county said its animal-control officers acted reasonably given the information available to them. They also deny there were 14 calls made to the county related to these dogs.

The appeal will primarily focus on WA law that says a government agency is not to blame when it does its normal government function.

The now 63-year-old woman, who was attacked by the dogs in her home in 2007, may require additional surgeries for scarring.

If a dog has bitten you or your loved ones, you should contact the Louthian Law Firm so we can discuss your particular situation to determine whether or not you have a case. At the Louthian Law Firm, you can rest assured that we will work hard to protect your interests. Contact our South Carolina dog bite lawyers now for a free consultation.

WA Dog Bite

The city of Sheboygan, WI is being sued by Ronald Behr following an incident on May 2, 2009, when his wheelchair tipped on a ramp between the street and sidewalk. Behr claims he suffered severe and permanent injuries from his fall.

According to the complaint, a piece of patched asphalt broke loose, causing his wheelchair to dig into the pavement, pitch forward and throw him onto the ground. He claims the city was aware of the danger of the carelessly patched asphalt which was done in a “careless and negligent manner.” The lawsuit seeks compensatory damages and reimbursement of attorney fees.

The city denies receiving notice of the defect in the ramp.

Personal injury deals with injuries caused by the negligence of others. If you or a loved one has been injured due to the negligence of another, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-410-5656.

Personal Injury

The government issued a warning last week about the dangers associated with firepots that use a gel-based fuel to produce a tiki-like torch fire. An article released by the Associated Press and published in the June 14 Washington Post reported that two recent NY incidents prompted the Consumer Product Safety Commission (CPSC)’s warning.

The NY injuries resulted when adults on two separate occasions poured the gel fuel into the pots, and they suffered serious burns. Scott Wolfson, a chief spokesman for the safety commission stated “CPSC staff wants all consumers to stay safe this summer by never pouring the fuel into an already lit firepot or tiki torch.”

The primary seller, Napa Home and Garden, Inc., has sold thousands of bottles of gels for firepots that are used on back porches and patios. South Carolina patrons should be wary of the dangers of lighting and burning these and other brand gels in their firepots. This time of year, SC residents are spending more time on their patios, and these gel-fueled pots are used to add ambiance. Our attorneys warn that the dangers far outweigh the benefits.

Serious burns and other injuries can result while lighting the firepot according to other incident reports. A Georgia woman was burned after the firepot exploded upon lighting and sent a ball of flame, which she said resembled napalm, across the family’s back porch. She suffered 2nd and 3rd degree burns on her legs.

The CPSC has received eight reports of explosions or burns involving firepots with fuel gels since April 2010.

The Atlanta-based maker has issued a “precautionary hold” on the sales of the firepots and gel fuel. Furthermore, the primary seller of the pots – Bed, Bath and Beyond – has stopped selling the products altogether.

The South Carolina accident attorneys at Louthian Law Firm are here for you if you or a loved one has suffered burns or serious injury caused by Napa or other brands fire pot gels. Contact us at today at 866-454-1200, or locally at 803-454-1200, or online for a free evaluation of your case.

A former crane operator has been awarded $1.45 million for injuries he suffered in Nov. 2006 after the collapse of a construction crane. Warren Yeakey, 39-year-old father of four, had asked for $12 million. Yeakey is considered 100% disabled by the Department of Labor & Industries.

The defendants in the lawsuit were Seattle-based general contractor Lease Crutcher Lewis and the Seattle engineering firm Magnusson Klemencic Associates. Yeakey was operating a 210-foot crane when it came crashing down on two buildings, killing a man in one of the buildings. An investigation into the accident found the collapse was caused by the flawed engineering design of the crane’s base.

As a result of the collapse, State lawmakers passed tougher standards for crane safety.

Personal injury deals with injuries caused by the negligence of others. If you or a loved one has been injured due to the negligence of another, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-410-5656.

Personal Injury

A Pike County (Alabama) jury has awarded an employee of Wal-Mart distribution center $21 million for injuries she suffered while working in the banana ripening room, reports the Dothan News.

In April 2008, the then 26-year-old woman was standing in the doorway of one of the newly constructed banana ripening rooms when a 3-4 foot tall metal plate covering the trim at the top of one of the room’s doors fell 30 feet and struck her in the face. She not only suffered face lacerations, but it severed her nerves and muscles in her face.

Several days later, she developed seizures which now occur on a regular basis and puts her at risk of a condition called sudden epileptic death. Due to the seizures, she’s not able to be alone and to completely care for her 2-year-old daughter.

The lawsuit was filed against Thermal Technologies and its contractor, Helsel Contracting, which built the banana rooms along with the doors. It was alleged the metal fell from the door because it wasn’t properly secured with bolts. Wal-Mart was not listed as one of the defendants in the verdict.

Personal injury deals with injuries caused by the negligence of others. If you or a loved one has been injured due to the negligence of another, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-454-1200.

Personal Injury

One six-year old was killed and 27 others injured were injured when a children’s train ride crashed at Spartanburg’s Cleveland Park. One of the families in which 4 of them were injured in the accident is filing a lawsuit against Spartanburg County, its park commission and the South Carolina Department of Labor, Licensing and Regulation, reports ABC News Charleston, SC.

The passengers ranged in age from 3 to 54 years old.

The driver of the children’s train told police he knew he was driving too fast prior to Saturday’s accident. State officials fired a train inspector who falsified a report saying the train was okay to operate.

Personal injury deals with injuries caused by the negligence of others. If you or a loved one has been injured due to the negligence of another, the South Carolina attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-454-1200.

Personal Injury

A Shenandoah High School student who lost the tip of his right ring finger in an accident in 2009 has filed a lawsuit against the northwestern Henry County school corporation, reports thestarpress.com.

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In June 2008, a Tacoma woman who suffered brain damage after being run over by a 31-year-old mentally ill felon has filed a personal injury lawsuit against the psychiatrist who treated her, reports the News Tribune.

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Barron News-Shield of Wisconsin reports a woman has filed a personal injury lawsuit against a golf course following an injury accident in June 2009.

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Chattanooga Times Free Press reports a Hixson woman and her husband have filed a lawsuit against the Chattanooga Zoo and the city following a dog bite last year.

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The Dallas Morning News reports a new lawsuit by a personal trainer has been filed against the Dallas Cowboys and other companies owned by Jerry Jones for negligence and conspiracy to hide design and construction flaws resulting in the collapse of the practice facility in 2009. Summit Structures LLC and Cover-All Building Systems, Inc. - companies in charge of designing and building the structure – are also being sued.

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What was supposed to be a spectacular fireworks show turned into horror when a high-powered “salute” rocket was fired into a crowd in Vienna, Virginia, during the Fourth of July 2007 fireworks.

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The Beaufort County School District is being sued by the parents of a 6-year-old boy for negligence after their son suffered two broken arms and emotional distress after an accident on a playground.

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The Arizona Daily Star reports Pima County and the organizers of El Tour de Tucson have reached a settlement of $3.5 million with a man who suffered brain damage in a bicycle crash in 2008.

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A 45-year-old woman was awarded $843,567 for injuries suffered when she fell down stairs at Plazita Medical Clinic, reports the Santa Cruz Sentinel.

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The family of a woman who was injured during the filming of “Transformers 3” has filed a lawsuit against the movie’s makers, Paramount Pictures.

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The Scranton Times Tribune reports a neurosurgeon who suffered a broken leg when he was hit by a hospital bed being pushed down the hall, has been awarded $3.25 million in his personal injury lawsuit against Community Medical Center.

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Idlewild Baptist Church of Tampa, Florida was ordered to pay $4.75 million to a boy and his mother after being found responsible for an accident that injured the 14-year-old while on a church-organized ski trip in 2003. The teenager suffered fractures to his spine resulting in nerve damage to his left leg, atrophied muscles and a permanent limp.

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According to The Republic, a southern Indiana family has been awarded $23.5 million whose two children have suffered severe neurological problems after pesticides were sprayed in their apartment.

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A settlement of $235,000 has been awarded to the parents of a Uniontown High School cheerleader who was injured when the school bleachers collapsed on her. The girl, who is now 17-years-old, suffers permanent scarring from her injuries which included a broken nose, broken teeth, broken ankles and facial scratches.

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Louisiana's The Town Talk reports more than 150 former employees are suing the Pineville Mill of International Paper (IP) for $50,000 each for hearing loss suffered on the job.

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Five women who claim that Texaco is responsible for their children being born with various illnesses have been awarded $19 million by a Hinds County jury, reports the Insurance Journal.

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The Dallas Morning News reports a federal jury has ordered a boat manufacturer to pay $3.8 million to a man who was injured in a boating accident on Lake Austin.

An 18-year-old man lost part of his leg while he was wakeboarding on July 4, 2007. The lawsuit alleged the boat, made by the Brunswick Corp., did not have proper safety devices in place to prevent such an accident. The suit claimed the young man's leg became tangled in the propeller because the boat did not have guards and covers to protect him from becoming stuck in the propeller.

The company is considering an appeal.

With a beautiful coast that is a major tourist attraction, South Carolina may have more than its share of boating accidents. The South Carolina boating accident attorneys at Louthian Law Firm have the experience needed to help you with your claim. If you or someone you care about was hurt or killed in a boating accident, contact us today at 1-866-410-5656 or online for a free evaluation of your case.

Boating Personal Injury

A homeless man who was shot with a .22 caliber rifle by an Oregon State University fraternity member has been awarded over $6,000 for medical expenses and $35,000 in non-economic damages, totaling over $40,000.

The jury found both the Association of Alpha Beta Chapter of Alpha Gamma Rho (AGR) and a former member responsible for the 2006 shooting. The national organization was not held responsible, according to news reports.

Witnesses testified that the fraternity members were known to shoot BB guns from the fraternity building windows and had talked about shooting homeless people with BB guns. After a search of the fraternity house, police found more than 24 firearms. The guns are allowed according to the AGR guidelines as long as they are securely locked.

The individual found liable in the case testified he was aiming at a dumpster and not the homeless man. After the shooting incident, he was kicked out of the fraternity.

Personal injury law deals with injuries caused by another person, whether by negligent, reckless or intentional acts. If you or a loved one has been injured in South Carolina due to the negligence of another person, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-410-5656.

Man Awarded Damages After Shooting Incident

The Gadsden (Alabama) Times reported that an Etowah County Circuit Court jury has awarded $8.5 million to a woman injured in a 2003 Mercury Mountaineer rollover.

Two people were killed in the accident and two were injured, including Latoya Duckett. Ms. Duckett filed a product liability lawsuit against Ford Motor Company alleging the vehicle was unstable and rolled over too easily.

As a result of the accident, Ms. Duckett's right leg had to be amputated just below the knee and her left arm is paralyzed and suffered brain injury, the paper reported in October.

The case against Ford Motor Company in the deaths of the father and daughter was settled for an undisclosed amount several years ago.

No punitive damages were awarded, but the $8.5 million in compensatory damages was the largest in the county's history, the paper reported.

If you have been in an accident, it’s important to make sure you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced car accident attorneys at the Louthian Law Firm for a free evaluation of your case at 1-866-410-5656 or fill out our confidential online contact form.

Ford Rollover Accident

The Observer-Dispatch of Utica, N.Y. reports a 67-year-old Vietnam War veteran has been awarded $350,000 as a result being beaten by a Utica police officer. Once the attorney fees are added to the earlier jury award of $60,000 for pain and suffering, the total amount would be $500,000.

According to reports, the veteran, who suffers from post-traumatic stress disorder, experienced a mental health episode at St. Elizabeth Medical Center, becoming agitated and belligerent. After the officer had the veteran in handcuffs, he continued to punch and knee him to "gain compliance." The incident left the veteran bruised and bloodied.

After the incident in 2008, the police officer was terminated by the Utica Police Department.

Personal injury deals with injuries caused by another. If you or a loved one has suffered at the hands of another, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-410-5656.

Personal Injury Verdict

A Lexington, KY hairdresser who became paraplegic after a routine heart surgery has been awarded $9.89 million in the largest medical malpractice verdict ever in Fayette County.

The plaintiff had valve surgery in April 2006. The surgery took less than an hour and was successful, but medical experts testified that the surgeon misplaced a hose to a machine that pumps blood during the surgery, causing too much blood and oxygen to be pumped to her right hand -- and too little to her brain and thoracic spinal cord.

If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process. For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today at 1-866-410-5656.

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A Spokane, Wash. jury has awarded $14.8 million to a woman who alleged a local dentist was negligent in a series of jaw surgeries in 2000 and 2001 that left her permanently disabled.

Medical and dental malpractice is a politically charged issue, which has led to an extremely complex set of state laws governing malpractice lawsuits. If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible.

Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process. For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today at 1-866-410-5656.

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An Indiana woman whose husband committed suicide in January 2008 has filed a lawsuit against Pfizer, the manufacturer of Chantix, a smoking-cessation drug her husband was taking.

The woman alleges that the company failed to warn consumers that the prescription medication might cause serious psychiatric symptoms such as suicidal thoughts.

If you or someone you care about was seriously injured by a prescription drug, you should speak with a South Carolina pharmaceutical litigation attorney at the Louthian Law Firm as soon as possible. We have won justice for South Carolinians since 1959, and recovered millions of dollars to help sick and injured people heal and move on. And because we know injured people are often suffering financially as well as physically, we never charge for an initial case evaluation. For a free consultation, call us today at 1-866-410-5656.

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Victims of last summer’s August 1st bridge collapse in Minneapolis, which claimed the lives of 13 people while injuring 145 others, have filed preliminary paperwork to sue the state, according to an Associated Press report published on January 22nd. The dozens of victims who were injured when the Interstate 35W bridge plummeted 60 feet into the Mississippi River had a deadline of 180 days from the accident to notify the state of their intent to sue for personal injury, that deadline date was January 27th.

As of the time of the report, Attorney General Lori Swanson’s office had received notice of potential legal claims from 73 injured bridge victims and their family members. Families of six of those killed also had outlined plans to sue the state for compensation, as did 3 insurance companies and the owner of a school bus that was destroyed in the collapse.

“This is a predecessor to the lawsuits,” said Chris Messerly, a wrongful death attorney for a pro bono coalition of law firms representing more than 60 bridge victims.

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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" »

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.

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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 " »

For Egil Krogh, it was a commuter flight gone terribly wrong – when his Corporate Airlines flight crash-landed in a limited-visibility situation, he not only saw the death of 11 passengers, the pilot, and co-pilot, but suffered extreme injuries himself. Krogh not only has post-traumatic stress disorder, but experienced fractures of the back and rib, a dislocated hip, and a http://www.louthianlaw.com/brain_injury.htmltraumatic brain injury. The medical bills totaled a whopping $200,000, and an unspecified amount of future medical costs.

Krogh, an orthopedic medicine professor, decided to fight back, suing Corporate Airlines for his injuries, disability, future medical care, and past and future lost wages. Workers’ compensation found that Krogh was 24 percent disabled. He claimed that the pilot tried to land the aircraft at a speed that was too high for the low-visibility conditions present at the landing. In addition, Krogh’s defense used the “sterile cockpit rule” to argue that crew members engaged in nonessential activities too close to landing time. They were apparently suffering from fatigue as the result of a long flight schedule preceding the crash. Krogh claimed that a more alert staff would have prevented the crash landing and its hefty toll on life and limb.

Continue reading "Crash-Landing Results In Confidential Settlement" »

The Beaufort County School District has agreed to pay $4.6 million to settle six of seven lawsuits filed after a former teacher at Coosa Elementary School molested at least nine students.

The students were molested by music teacher Phillip Underwood-Sheppard between 1999 and 2002. The students were between the ages of 6 and 13. Some of the students were forced to perform sexual acts on the teacher in his music room office.

Underwood-Sheppard, 49, was sentenced to 25 years in prison in 2003 and is serving his sentence in Lee Correctional Institution in Bishopville, South Carolina. He had been a teacher for 17 years.

Details of the settlements, including the names of the students and their families, have been sealed under a court order.

Right now, the district is having to cover all but $300,000 of the $4.6 million award after its insurer refused to pay more of the costs.

The district has sued South Carolina School Boards Insurance Trust, saying it should be covered up to $5.5 million.

According to Chief Financial Officer Phyllis White, if the lawsuit fails, the district would likely have to raise taxes to cover the costs.

For more information, please contact a South Carolina lawyer at Louthian Law Firm.

A Conway, South Carolina woman recently cut her mouth on something sharp in a hamburger she was eating at a Myrtle Beach, South Carolina Cracker Barrel.
The prepared hamburger patties which are used at the restaurants with the same or similar product codes were immediately pulled from Cracker Barrel shelves according to Cracker Barrel spokeswoman, Julie Davis. Ms. Davis went on to say that the restaurant should begin serving hamburgers again soon.
All Cracker Barrel restaurants in the country had stopped serving a batch of hamburger patties from a Wichita, Kansas supplier after the lady in Myrtle Beach said that she cut her mouth on something sharp.
Irene Graham, 56, who told police that she had cut her mouth on something imbedded in the Cracker Barrel hamburger, was recovering at home. Ms. Graham’s report prompted investigations by the restaurant, Myrtle Beach police and Cargill’s Meat Businesses, which was the producer of the hamburger patties for Cracker Barrel.
After being rushed to Grand Strand Regional Medical Center Ms. Graham was bleeding from her mouth and complained that it felt like something was stuck in her throat. “I was in shock more than anything.” Ms. Graham said on Monday. The restaurant manager took the half eaten hamburger from Ms. Graham’s table and told police that he found a piece of razor blade in the middle of the hamburger patty. He then turned the hamburger over to investigators who found another piece of razor blade in the patty.
The manager immediately reported the incident to Cracker Barrel’s headquarters and Cracker Barrel put out an alert to more than 500 restaurants around the country not to serve any hamburger meat. Ms. Davis, the Cracker Barrel spokeswoman, said that the chain is still not going to serve meat from the same product code the hamburger Ms. Graham ate came from. “We are being, very, very conservative,” Ms. Davis said.
Mark Kline, the spokesman for Cargill’s, said that his company was also investigating the matter.
Myrtle Beach police said that Ms. Graham’s x-rays show that there was no damage to her esophagus and no foreign matter in her stomach. She appears to have some cuts inside her mouth but she is too shaken up about the matter to say much about it.
Ms. Graham is not sure if she will return to the restaurant but did state “I frequent the restaurant quite often, and I love it”.

South Carolina’s State newspaper reported on April 18, 2007 that a former North Charleston middle school teacher who claimed she had worked in a racially hostile environment and was verbally abused settled her lawsuit for $200,000.

The teacher, Elizabeth Kandrac, worked at Brentwood Middle School in North Charleston for less than a year. Ms. Kandrac, a white teacher who worked at the predominately black school, claimed that the school staff never took her complaints seriously. She left the school when her bike tires were slashed.

If you or a loved one has been the victim of discrimination, please contact a South Carolina personal injury attorney at the Louthian Law Firm for a free consultation.

The State newspaper reported on April 17, 2007 that Benedict College agreed late Sunday afternoon to settle a lawsuit brought by a professor concerning an academic policy. Former Benedict professor, Millwood Motley, sued the college in 2004 alleging that he had been fired because he had refused to implement the Success Equals Effort “SEE” policy. This policy’s grading system gave greater weight to effort and participation than to academic achievement.

Professor Motley alleged in his lawsuit that the president of Benedict College, David Swinton, had ordered him to utilize the system to make sure that a higher number of students would qualify for state and federal scholarship programs.

The terms of the settlement are confidential and both sides claimed victory.

If you or a loved one has been the victim of a wrongful termination in South Carolina call the Louthian Law Firm for a free consultation with a South Carolina wrongful termination attorney.

The State newspaper reported on Thursday, April 12, 2007 that all charges have been dropped against 3 Duke Lacrosse players who were accused of sexually assaulting an exotic dancer.

Larry Pozner, a defense attorney and former president of the National Association of Criminal Defense Lawyers said “the landscape is littered with ruined reputations. Tell me who won. Certainly not the complaining witness. Not the school. Not the defendant. Not (District Attorney) Mike Nifong.”

North Carolina’s top prosecutor said the athletes were innocent victims of a “tragic rush to accuse” by an overreaching district attorney.

With legal bills estimated at more than $3 million, the families of the accused lacrosse players are considering civil lawsuits to recover their expenses and attempt to restore the reputations of the players.

If you or a loved one has been the victim of sexual harassment or sexual assault in South Carolina, please contact a South Carolina sexual harassment lawyer at the Louthian Law Firm for a free consultation

For the last 18 months CNN correspondents Drew Griffin and Kathleen Johnston have been investigating mostly small, fender-bender accidents and how insurance companies are handling the claims made by individuals who are injured in these accidents.

The investigation focused in part on how Allstate Insurance Company handled the claim of Roxanne Martinez who was in an accident in Santa Fe, New Mexico. Her medical bills and lost wages as a result of the accident added up to $25,000. Allstate offered only $15,000 to settle the claim and Ms. Martinez didn’t know what to do. The CNN correspondents report that Ms. Martinez’ case represents what 10 of the top 12 automobile insurance companies are doing in an attempt to save money.

Former insurance industry insiders say that if you are in a minor impact crash and get hurt, the insurance companies will most likely do the same thing to you that they did to Ms. Martinez: delay the handling of the claim; deny that you were hurt; and then defend their decision in a long drawn out court battle. It is called the three D’s: delay, deny and defend.

Allstate and the other insurance companies are betting that you’ll take what they offer and walk away. The correspondents found actual language in the Allstate training manuals concerning how to offer “walk-away” settlements.

Shannon Kmatz, a former claims adjuster for Allstate, told CNN that sometimes she would offer as little as $50.00 to settle a case. She said that poor people would often take the low ball offers fearing that if they didn’t, they would end up with nothing.

Continue reading "INSURANCE COMPANIES FIGHTING LEGITIMATE CLAIMS" »

“Personal Injury” is the broad term used to describe any type of physical or emotional injury that is caused to a person as the result of someone else’s negligence or carelessness. An individual can suffer a personal injury on the job, in a car accident, as a mistake during medical care or treatment or as a result of using a faulty or defective product. There are also many other ways an individual can suffer personal injury as a result of the negligence or carelessness of someone else.

If you suffer a personal injury in South Carolina due to the negligence or carelessness of someone else you need to contact a South Carolina personal injury lawyer right away.

Many individuals who are injured, particularly in automobile accidents, attempt to handle their insurance claims on their own, hoping that they will get a quick settlement. Unfortunately, not all insurance companies treat victims of personal injuries fairly. The obligations of the insurance companies are to their own policy holders and shareholders, not to people who have been injured.

A lawyer who is experienced in South Carolina personal injury law knows how the court system works, can deal effectively with the insurance company and make sure that you receive compensation you deserve due to your injuries.

Continue reading "Do I Need A Lawyer for my South Carolina Personal Injury Claim?" »