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Columbus, Ohio Attorney Blog - Robert W. Kerpsack Co., L.P.A.
Tuesday, October 28, 2008
Chains Named in Premises Liability Suit
An ATM that was not properly secured fell on a customer's foot in a CVS store recently. The suit claims the ATM became unsecured and came to rest on the customer's foot and that CVS failed to properly operate, manage and control the machine. Allegedly, screws were missing from the ATM. The plaintiff in this case is seeking over $50,000 in damages for the injuries he sustained.
In a separate premises liability suit also filed in the circuit court, a woman alleges that a Wal-Mart store negligently placed a cart near a plant display, leading to her fall. The woman is suing Wal-Mart for damages totaling more than $30,000. The suit specifically alleges that Wal-Mart failed to keep its aisles clear of anything that could cause a fall. The plaintiff claims the cart was in an unsafe area near a table of plants.
Premises Liability Law deals with the body of law which makes the person in possession of land responsible for injuries suffered by persons present on the premises. These cases are sometimes referred to as "slip and fall" cases and often require the advice of a lawyer.
In a separate premises liability suit also filed in the circuit court, a woman alleges that a Wal-Mart store negligently placed a cart near a plant display, leading to her fall. The woman is suing Wal-Mart for damages totaling more than $30,000. The suit specifically alleges that Wal-Mart failed to keep its aisles clear of anything that could cause a fall. The plaintiff claims the cart was in an unsafe area near a table of plants.
Premises Liability Law deals with the body of law which makes the person in possession of land responsible for injuries suffered by persons present on the premises. These cases are sometimes referred to as "slip and fall" cases and often require the advice of a lawyer.
posted by
Lynn
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8:49 AM
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Monday, October 27, 2008
Victim Alleges Catheterization Caused Stroke
A Madison County, Illinois hospital, Saint Anthony's Health Center, and several of its doctors, are facing a ten-count medical malpractice suit after Joyce Cooper claims she suffered a stroke as a result of their negligence. The claim states that Cooper's family physician sent her to St. Anthony's emergency room where a cardiac catheterization was performed. Cooper claims that during the catheterization, doctors could not engage the left coronary artery despite several attempts. After Cooper awoke from the procedure, she began having vision problems and problems focusing; she was ultimately diagnosed with a stroke.
Cooper's claim alleges the defendants negligently performed the catheterization, failed to properly utilize the left coronary artery, failed to prevent a brain infarction, and performed the test when it was not necessary for her treatment. Cooper is seeking damages in excess of $500,000 plus costs and attorneys fees.
Cooper's claim alleges the defendants negligently performed the catheterization, failed to properly utilize the left coronary artery, failed to prevent a brain infarction, and performed the test when it was not necessary for her treatment. Cooper is seeking damages in excess of $500,000 plus costs and attorneys fees.
posted by
Lynn
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8:53 AM
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Wednesday, October 22, 2008
Crib Recall
Delta Enterprises is voluntarily recalling almost 2 million cribs after two infants died from suffocation. The company states that almost a million drop-side cribs manufactured between 1995-2005 need safety pegs that consumers may have lost during reassembly. Additionally, another 600,000 cribs have spring legs that can become worn out after several uses.
In one of the infant’s death circumstances, there was no safety peg and when the crib’s side detached, a gap was left and the infant got stuck in the gap. In the second death, the infant died by suffocation when a spring peg failed to lock and the side detached.
If you or a loved one has been injured or killed by a defective product in Columbus or anywhere in Ohio, please contact the experienced attorneys at Robert W. Kerpsack, Co., L.P.A. today.
In one of the infant’s death circumstances, there was no safety peg and when the crib’s side detached, a gap was left and the infant got stuck in the gap. In the second death, the infant died by suffocation when a spring peg failed to lock and the side detached.
If you or a loved one has been injured or killed by a defective product in Columbus or anywhere in Ohio, please contact the experienced attorneys at Robert W. Kerpsack, Co., L.P.A. today.
posted by
Lynn
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11:53 AM
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Tuesday, October 21, 2008
Vioxx Payments in the Mail
The drug giant, Merck, has announced that it began making Vioxx settlement payments in August 2008, but most people will have to wait considerably longer to receive any money. Merck will make an interim payment of approximately 40% of the plaintiffs’ total settlement amount. The initial payments are only for heart attack plaintiffs. Stroke plaintiffs will not start receiving settlement money until February 2009.
Plaintiffs are schedule to receive payments on a rolling basis following a multi-step review process. With over 50,000 claims to review, it will take a while for all payments to be completed. Merck has, however, committed to paying all eligible claims.
If you or a loved one has been affected by a dangerous drug, please contact the experienced defective drug attorneys at Robert W. Kerpsack, Co., L.P.A. today to schedule your no-cost consultation.
Plaintiffs are schedule to receive payments on a rolling basis following a multi-step review process. With over 50,000 claims to review, it will take a while for all payments to be completed. Merck has, however, committed to paying all eligible claims.
If you or a loved one has been affected by a dangerous drug, please contact the experienced defective drug attorneys at Robert W. Kerpsack, Co., L.P.A. today to schedule your no-cost consultation.
posted by
Lynn
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12:02 PM
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Tuesday, October 14, 2008
Allstate Accused of Bad Faith; Victim Awarded $8.2 Million
A jury recently awarded a Florida man nearly $8.2 million in damages from Allstate car insurance company but has to wait for another jury to decide whether or not he can collect. John Clements was blowing leaves on a sidewalk when a truck jumped the sidewalk and plowed into him in November 2004. Clements suffered a broken neck, brain hemorrhages and herniated discs in his neck and back; he was hospitalized for six days.
Clements received $100,000 from the driver of the truck's insurer, but when he tried to get his insurance company, Allstate, to pay him the $100,000 it owed for underinsured motorist coverage, the insurance company refused to pay, which prompted the lawsuit.
Legally, Allstate is obligated to pay Clements the maximum coverage his underinsured motorist policy allows ($100,000), but when an insurance company should have paid a claim but refused, you can sue the company for bad faith with the help of an experienced bad faith insurance attorney. That is how Clements won the $8.2 million. His lawyers must now convince the second jury that Allstate should have paid Clements the $100,000 in underinsured motorist damages so he can collect the award.
If you have been the victim of bad faith insurance in Columbus, Ohio or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your initial consultation.
Clements received $100,000 from the driver of the truck's insurer, but when he tried to get his insurance company, Allstate, to pay him the $100,000 it owed for underinsured motorist coverage, the insurance company refused to pay, which prompted the lawsuit.
Legally, Allstate is obligated to pay Clements the maximum coverage his underinsured motorist policy allows ($100,000), but when an insurance company should have paid a claim but refused, you can sue the company for bad faith with the help of an experienced bad faith insurance attorney. That is how Clements won the $8.2 million. His lawyers must now convince the second jury that Allstate should have paid Clements the $100,000 in underinsured motorist damages so he can collect the award.
If you have been the victim of bad faith insurance in Columbus, Ohio or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your initial consultation.
posted by
Lynn
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11:58 AM
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Monday, October 13, 2008
Heart Surgery Leaves Woman Unable to Walk
In Fayette County, Kentucky, a woman was awarded just under $10 million after routine heart surgery left her paraplegic. It was decided in court that the surgeon who operated was 31% responsible for the malpractice. Verdicts against the other defendants (two facilities) were moot because they were already settled before trial. This could be the largest medical malpractice award in Fayette County’s history.
Latricia Satterwhite, the plaintiff in the case, had surgery on her mitral valve in April of 2006; the surgery was successful. But according to medical experts, the surgeon misplaced the cannula (long thin tubing) for a machine that pumps blood during the surgery. Misplacement of the cannula caused too much blood and oxygen to be pumped to her right hand and too little to her brain and spinal cord. Ms. Sattterwhite can no longer walk. She also suffered brain damage.
If you live in the Columbus, Ohio area and have suffered due to medical negligence or medical malpractice, please contact the experienced medical malpractice attorneys at Robert W. Kerpsack, Co, LPA today to schedule your confidential consultation.
Latricia Satterwhite, the plaintiff in the case, had surgery on her mitral valve in April of 2006; the surgery was successful. But according to medical experts, the surgeon misplaced the cannula (long thin tubing) for a machine that pumps blood during the surgery. Misplacement of the cannula caused too much blood and oxygen to be pumped to her right hand and too little to her brain and spinal cord. Ms. Sattterwhite can no longer walk. She also suffered brain damage.
If you live in the Columbus, Ohio area and have suffered due to medical negligence or medical malpractice, please contact the experienced medical malpractice attorneys at Robert W. Kerpsack, Co, LPA today to schedule your confidential consultation.
posted by
Lynn
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9:21 AM
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Tuesday, October 7, 2008
Update on California Bus Crash
In our blog yesterday, we reported on the California bus accident that killed ten and injured approximately 30. New information indicates that the accident killed eight and injured 35. The driver of the bus, whose first day on the job was the day of the crash, has been charged with suspicion of driving under the influence. The investigation is pending, and the driver was treated at Woodland Memorial Hospital in Williams, California, a remote area in northern California. The bus was en route to a casino.
Witnesses say the bus was swerving before it went off the road, rolled and landed in a ditch around 6:10 p.m. Sunday evening. The bus was only ten miles from its destination. The driver overcorrected and the bus cartwheeled off the road. Reports also indicate the bus had no valid license plate. Various serial numbers and registration numbers were also invalid.
The California Highway Patrol is investigating the accident and will announce if formal charges are filed.
If you or a loved one has been killed or injured in a vehicle accident in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
Witnesses say the bus was swerving before it went off the road, rolled and landed in a ditch around 6:10 p.m. Sunday evening. The bus was only ten miles from its destination. The driver overcorrected and the bus cartwheeled off the road. Reports also indicate the bus had no valid license plate. Various serial numbers and registration numbers were also invalid.
The California Highway Patrol is investigating the accident and will announce if formal charges are filed.
If you or a loved one has been killed or injured in a vehicle accident in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
posted by
Lynn
at
8:59 AM
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Monday, October 6, 2008
Bus Crash on CA Road Kills 10
At least ten people are dead following a tragic bus accident on a rural northern California road Sunday evening around 6:00 p.m. Pacific time. Reports from the California Highway Patrol indicate the bus flipped and then rolled (cartwheeled) into a ditch on its way to a remote casino. Early reports indicate that at least ten people are dead and at least 38 are critically injured. The driver of the bus was actually walking around following the accident but did sustain a serious injury. He is listed in critical condition at an area hospital.
According the CHP, the bus is an older model, had no valid license plate and no seat belts.
The investigation into the cause of the accident is pending; the driver, according to reports, was on some type of medication.
If you or a loved one has been injured or killed in a vehicle accident in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
According the CHP, the bus is an older model, had no valid license plate and no seat belts.
The investigation into the cause of the accident is pending; the driver, according to reports, was on some type of medication.
If you or a loved one has been injured or killed in a vehicle accident in Columbus or anywhere in Ohio, please contact Robert W. Kerpsack, Co., L.P.A. today to schedule your confidential consultation.
posted by
Lynn
at
8:07 AM
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