South Carolina Lawyer Blog

The family of a Putnam City West High School cross-country runner, who drowned while on a training run when he fell into deep water on a flooded portion of a trail just south of the Lake Overholser Dam, has settled with Oklahoma City for $50,000. The family claimed his death could have been prevented if the city had maintained the area better.

The 17-year-old was in a group of runners when they encountered the flooded trail in August 2007. The water was 8 inches deep where most of the group successfully crossed. The drowning victim sank into deeper water, where his teammates tried unsuccessfully to pull him out. His body was recovered the next day in 20 feet of water.

Since the settlement, school officials have added safety measures that include checking the condition of trails before allowing students to run on them.

The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Wrongful Death

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A jury has awarded $400,000 to an Easton, Massachusetts woman in the wrongful death of her father after he died in a 2005 incident at the Embassy House nursing home in Brockton. The man was severely injured when a nurse did not follow proper procedures when moving him from his bed using the Hoyer Lift.

According to testimony, a Hoyer Lift, used to move immobile patients, requires two attendants to operate. A nurse attempted to move him on her own when a hook gouged the patient's eye requiring surgery. He acquired sepsis after the surgery and died 46 days later.

The jury found Kindred Healthcare, owner of the nursing home, negligent in the eye injury and awarded the $400,000 plus interest for pain and suffering and disfigurement.

The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Wrongful Death

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A Michigan family was awarded $235,000 in a lawsuit against a GM car dealership claiming a fire in the rear seat of their Buick LeSabre, started by a faulty battery cable, caused their husband/father to die from cardiac arrest.

The 79-year-old man, with a history of heart problems, and the family attempted to put out the fire. When the car continued to burn they crossed the road, where the man went into cardiac arrest and died.

The defense showed that there were other cases involving similar incidents with GM vehicles.

The trial lasted eight days, with the jury deliberating for nearly seven hours. The $235,000 in damages was solely for the non-economic loss.

The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Wrongful Death Suit

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The family of a 27-year-old man killed in a natural gas processing plant explosion has been awarded $82.5 million by a Houston jury, according to Mineral Wells Index.com. The man died of injuries sustained when a hot oil heater he was attempting to light exploded.

The jury found Houston based Exterran Energy Solutions LP grossly negligent in the 2007 death of the young husband and father of three for failing to properly construct the heater and to ensure it met industry safety standards. According to the lawsuit, it was known in 2005 the hot oil heater did not meet industry standards for mechanisms to keep gas accumulation from the burners.

The award was distributed as $10 million to his widow and $15 million to each of his children - ages 2, 5, and 7 years old for actual damages for past and future financial loss, companionship loss and mental anguish. Another $25 million was awarded to his wife and children in punishment damages because the company was found to be grossly negligent in the death. His father received $2.5 million for mental anguish and loss of companionship.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

$82M Wrongful Death

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A jury in Alameda County, California, found Enterprise Rent-A-Car liable for $15 million in the death of two sisters involved in a crash while renting one of their cars.

The parents filed a wrongful death lawsuit against Enterprise when experts found that the accident was caused when their daughter lost the ability to steer the vehicle due to leaking power steering fluid. Two of their daughters died when they crashed into a tractor trailer in October, 2004.

Enterprise did not complete the recommended repair work on the PT Cruiser the two were riding in even though they had received a recall notice warning that the power steering hose on the car could leak.

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 consultation form.

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The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.

In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day. The award will go to his widow and the couple's three young children, including a son born shortly after his father died.

Exterran Energy Solutions L.P of Houston - formerly Hanover Compression L.P. - will be liable for the damages if the award is upheld. The plant, built by Hanover, is owned by Fort Worth-based Quicksilver Resources, a natural gas producer.

The jury found Hanover was grossly negligent and 90% responsible for the accident and Quicksilver was 10% responsible but not guilty of gross negligence. Quicksilver was not responsible for any monetary damages because the company provided workers' compensation insurance for its employees. The young man was a Quicksilver employee.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Wrongful Death

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The city of Fort Worth has offered the family of a man killed by an officer's Taser $2 million to settle their lawsuit, although the city admits no wrong doing, reports the Star-Telegram.

On April 18, 2009, police were called to the home of the man's parents because he was causing a disturbance. Although he had a history of mental illness, the officer fired two Taser shots to bring him down - one hitting him in the neck and one hitting him in the chest. He then fell face down onto the ground. When he did not comply with the officers' instructions to put his hands behind his back, an officer pulled the Taser trigger two more times. The man stopped breathing and was pronounced dead a short time later at John Peter Smith Hospital.

Four months following the death, Phoenix-based Taser International issued a bulletin advising the darts not be shot into a person's chest "when possible." In addition, when shot at people showing symptoms of exhaustion, distress or agitated delirium, they are at "significant risk of arrest-related death."

Wrongful death is a death cause by the carelessness or misconduct of another person or organization - including failure to act to avert a death. The experienced attorneys at Louthian Law are dedicated to helping families of wrongful death victims. Contact the Louthian Law Firm today at 1-866-410-5656 or online for a free evaluation of your case.

Taser Wrongful Death

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A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff - the father of a 19-year-old girl killed in 2007, reports GoSanAngelo.

The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over. Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined. She was pronounced dead on arrival at the hospital.

In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined. Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position.

The issue of the reclining seat got national attention in 1988 when the NTSB asked the National Highway Traffic Safety Administration to research the problem.

If you have been injured or a loved one killed in an auto 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 case evaluation form.

Wrongful Death

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The Kansas City Star reports a settlement has been reached in the wrongful death lawsuit filed by the parents of a teenager against the Independence (Missouri) Police Department.

In 2007 the 17-year-old boy was riding his bike when he was struck by a car being chased by the police. His was the third death in a 10-day period involving a police chase in Independence. The lawsuit alleged Independence police were liable for not following the city's pursuit policy and that police and emergency personnel failed to properly assess the teenager's injuries.

Independence will pay $225,000 and Medevac MidAmerica will pay $50,000.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Missouri Wrongful Death Settlement

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A police officer and the bar which served her will pay a total of $2.255 million for the wrongful death of four, and the injuries to another man, reports St. Louis Today.

The lawsuit claimed the police officer had consumed a "high quantity" of alcohol at O'Leary's Restaurant and Bar and the employees at the bar knew she was intoxicated and did not stop her from driving or call her a cab. Despite her slurred speech and unsteady walk, the bar continued to serve her alcohol, the article reports. After leaving the bar, the officer crashed her car into a Honda with five students from India, the article reports.

The driver of the car hit by the police officer suffered a head injury, a fractured rib, liver trauma, lung contusion, and contusions to the skull. His four passengers were killed.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Police Officer, Bar Settle Wrongful Death Lawsuit

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The former owners of a restaurant in Gresham, Oregon will pay $1.3 million after being accused of serving too much alcohol to a convicted drunk driver who killed two young women reports KATU.com. The judge could more than double that amount.

Although the Golden Star Restaurant is now under different ownership, the parents of the young women sued the former owners accusing them of knowingly over-serving the driver and then allowing her to drive.

The bar had a history of over-serving its patrons and had received several written warnings from the Gresham police, an Oregon Liquor Control Commission fine and dozens of patron DUI arrests, according to newspaper reports.

The two young women were celebrating the 21st birthday of one of the girls when their car was hit head on by the drunk driver going the wrong way on the highway. Neither girl had alcohol in her system.

Wrongful death is a death cause by the carelessness of misconduct of another person or organization - including failure to act to avert a death. The experienced attorneys at Louthian Law are dedicated to helping families of wrongful death victims. Contact the Louthian Law Firm today at 1-866-410-5656 or online for a free evaluation.

Oregon Drunk Driving Lawsuit

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The Ledger of Lakeland, Florida reports an appeals court has upheld a lower court's award of $33.3 million to a husband and three of his children in their wrongful death lawsuit against Walgreens. Their 46-year-old wife and mother died in 2007 after Walgreen's pharmacy mistakenly gave her 10 times the prescribed dosage for a blood thinner to treat breast cancer.

Diagnosed in 2002 with breast cancer, she was given an 88 percent chance to recover with the proper treatment. Part of the treatment was a prescription for Warfarin. At Walgreens, an inexperienced pharmacy technician gave the woman 10 milligram tablets instead of the prescribed 1 milligram tablets.

After several weeks of taking the medication, the overdose led to a brain hemorrhage and her being paralyzed, capable of communicating only by blinking her eyes. After a year of hospitalization, the woman was too weak to continue treatment for cancer. Her cancer spread and she died in 2007.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Walgreen's Wrongful Death

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The family of a 27-year-old man whose unlawful death was caused by police in Clackamas County, Oregon, has reached a $1 million settlement with the county, reports the Gresham News. The family had separately reached a $1 million settlement with the city of Sandy and a former police officer.

In their lawsuit, filed in September 2006, the family of Fouad Kaady alleged the police violated Kaady's civil rights, used excessive force, then carried out an unconstitutional arrest, and caused a wrongful death.

After rear-ending multiple cars and then wrecking the car he was driving, Kaady was found naked, burned, and bleeding when officers confronted him. Reporting him to be combative, officers attempted to subdue him with 50,000 volts from a stun gun. Claiming they still felt threatened by Kaady the officers then shot him seven times, killing him.

A gas can Kaady was transporting caught fire, causing the crash of his car. Head injuries suffered in the crash and the pain from the burns most likely caused Kaady's erratic behavior.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Wrongful Death

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The family of a 39-year-old scientist at the University of Washington has filed a wrongful death lawsuit against the driver of the vehicle that struck and killed him on February 4, 2009, reports the Ballard News-Tribune.

Kevin Black was struck by a Ford E250 van as he was bicycling to work. The driver attempted a U-turn on a street unable to accommodate it and drove into the bike lane, hitting Black. Black was taken to Harborview Medical Center where he later died.

Black, an avid cyclist, was a molecular researcher at the University. He leaves behind two daughters, ages 13 and 10.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Wrongful Death

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The Frederick News Post reports a Montgomery County Circuit jury has given a couple a $1.8 million award in the death of their newborn son.

When the baby was born on July 5, 2005, the doctor chose to use vacuum extraction for the delivery because the baby's head was wedged in the birth canal. He died two days later of complications arising from bleeding between the skull and the scalp.

The lawsuit claimed that not only did the doctor violate the standards of care; he performed the procedure without advising the parents of the risks involved. Had the parents been told of the complications, they would have waited for a cesarean section.

The jury found the doctor negligent and ordered $752,000 for medical bills, funeral expenses and loss of services; $100,000 for the baby's pain and suffering, and $500,000 for each parent for their mental anguish.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Newborn's Wrongful Death

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A Chilton County, Alabama jury has awarded $3.5 million to the family of a man killed when the van he was driving was crushed between two logging trucks, reports the Montgomery Advertiser.

Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, were held responsible for the accident and have been ordered to pay the award. The jury found Fruge was speeding, and the truck had defective brakes, when it crashed into the victim’s van.

The victim's car was pushed into the logs on the truck in front of him, causing the logs to come through his windshield - one went through his head and killed him. Although the driver claims he was going only 45 miles per hour, evidence suggests he was traveling between 65 and 75 mph.

Progressive Insurance Co, the insurance for the defendants, had refused to settle the case before trial.

If you have been in an accident or have lost a loved one 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 consultation form.

Alabama Logging Truck Wrongful Death

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According to the Philadelphia Daily News, the parents of a 2-year-old boy will sue Fairy Tales Daycare and its owners in the boy's death.

On July 1, 2009, the child died after being left in the back seat of a locked van with the windows rolled up and temperatures exceeding 80 degrees. The lawsuit alleges the boy's parents paid their neighbor and co-owner of the daycare center to take the child to the center at least three times a week.

On this day, however, the child was left in the van where he was not discovered until about 4:30pm in the afternoon. He was rushed to the hospital where he was pronounced dead of heat stroke, also known as hyperthermia.

No criminal charges have been filed in the case.

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization – including a workplace accident. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-800-410-5656 for a free evaluation of your unique case.

Hyperthermia Wrongful Death

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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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The family of a Blufton Middle School boy who died after a fight on campus reached a $200,000 South Carolina wrongful death settlement with the school district and local government. Francisco Belman – 14, died in 2002, several months after being punched in the chest by two fellow students as part of a gang initiation. The two teens plead guilty to involuntary manslaughter and were sentenced to probation.

The loss of a loved one is a tragic occurrence that can turn the lives of the deceased families upside down. No dollar amount can be attached to a life, but when deaths occur due to the negligence of another person or entity, it is important to send a message to the negligent parties through litigation. In this case, the financial loss suffered by the school board may force stricter schoolyard rules and monitoring, preventing future injuries and loss of life.

A wrongful death claim allows the survivors of a wrongful death to ease their financial troubles as well as seek justice from wrongdoers. The family of the wronged person may ask for money that helps them ease the financial effects of their loved one's premature death, such as funeral costs, medical bills, and a lifetime of lost wages. They may also ask for damages for non-economic harm, such as their loss of companionship, protection or care, mental anguish or pain and suffering. Under some circumstances, survivors of a wrongfully killed person can sue for exemplary damages (also called punitive damages) that punish a wrongdoer for recklessness, malice or willful acts.

Continue reading "$200,000 Settlement Reached in Death of Student" »

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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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Drunk driver Humberto A. Orduna hit and killed Francisco Rivera, Jr., a 20-month old baby, in a Florida mobile home park in 2004. After his arrest for DUI, he fled the country to Mexico – but his actions have incurred a hefty price in the United States, where he was recently convicted in absentia. The family, who was emotionally traumatized by witnessing the accident and who endured both the sight of their baby son’s brain injury and death and a bill for nearly $17,000, was awarded $7.25 million by the jury in Orduna’s absence. Now they’re going after the defendant’s insurance company, who allegedly failed to pay the entire $10,000 covered by Orduna’s insurance policy.

This tragic incident demonstrates not only the harsh toll wrongful death can take on a family, but the rights surviving family members have under the law when wrongful death is involved. The family not only recovered direct medical costs related to the drunk driving accident – they filed for and received damages covering their severe emotional distress.

Continue reading "Mobile Home Park Accident Leads To Hefty Default Judgment" »

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