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Personal Injury Cases in the News

Personal Injury Cases in the News

The Chicago Tribune recently reported that the Estate of NHL player Derek Boogaard has filed a suit against the NHL attributing his personal injury to its unlawful practices. Specifically, it is alleged that Boogaard regarded as a hockey “enforcer” took up to 10 oxycodone pain killers a day, and that the league knew or should have known, that players with brain damage are at higher risk for drug addiction.

In Michigan, the usual remedy for an injury to a worker is under the Workers’ Compensation Act, MCL 418.131. Under this statute for a work related injury the general rule is that it is the worker’s exclusive remedy. Under the statute there is a trade off in that the worker’s rights to compensation are limited but are insured in that employers defenses of worker’s comparative fault are eliminated. This is true with respect to employer negligence. However, where the employee is able to establish much more than negligence, there is the intentional tort exception to the exclusive remedy rule.

For instance, in McNees v. Cedar Stampings, Co., 184 Mich App 101 (1990) allegations that an employee was injured by a defective foot pedal while operating a stamping press was sufficient to state a claim for intentional tort. That is because the employer was aware of the defect but still ordered the employee to operate the press while knowing that an injury was likely to occur under the circumstances.

If you or a loved one have been injured at work and need legal advice, please feel free to call Guy Vining. All initial consolations are free of charge and all injury cases are handled on a contingency fee basis so that you have no obligation unless you prevail in the case.

Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.

Personal Injury Cases in the News

Personal Injury Cases in the News

            San Angelo Standard-Times recently reported the settlement of a personal injury which lead to an inmate’s death by suicide. The suit alleged “police misconduct” in that County officials in Lindon County, Nebraska failed to properly monitor the inmate, as they knew or should have known that he was a suicide risk because he was trying to kill himself when arrested.

In Michigan, a constitutional claim against governmental offices may be prosecuted pursuant to 42 USC §1983. A theory of liability sometimes used is that police officers may not be deliberately indifferent to an inmate’s medical needs. Under the statutes, it is illegal under colors of authority to deprive a person of any rights, privileges, or immunities secured by the Constitution and other laws. Other types of claims may be predicated upon by Section 1983, such as excessive force, is an arrest and failure to secure needed medical attention. For instance, your writer is aware of one case in which the police knew that the person they arrested had swallowed cocaine to hide it. Despite that the police officer transported the arrestee to the jail instead on an emergency room. A significant settlement was reached after the inmate died from cocaine poisoning.

If you or a family member have a question as to whether your civil rights have been violated by police or other misconduct, call Guy Vining. All initial conferences are free of charge. In addition, these types of matters are handled by the firm on a contingency fee basis, so you will not pay a fee out of pocket. Guy Vining is pleased to assist you, and your interview is completely confidential.

 

Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims. His firm sees clients throughout the downriver communities of Rockwood, Gibraltar, Brownstown, Trenton, Grosse Ile, Woodhaven, Riverview, Southgate, Dearborn, Ecorse, Romulus, Taylor, and of course, Wyandotte.

Personal Injury Cases in the News

Personal Injury Cases in the News

 

     The Morning Sun newspaper recently reported that the estate of a Michigan man killed in a fatal crash has filed suit against the negligent driver and two bars at which the driver was earlier a patron. The suit alleges that the driver’s blood alcohol content exceeded the lawful limit by almost three times, being at .20, and the primary cause of his personal injury.

     In Michigan, a statute allows an injured person, or the estate of their decedent, killed by an intoxicated person to bring suit against the intoxicated person and the business that furnished the alcoholic drink.  See: MCL 436.1801. There are many features to the statute which can be troublesome. First, there is a mandatory notice requirement and a shortened statute of limitations. Also, the injured person has a huge burden of proof in establishing that alcohol was sold when it should have been apparent that the person was already visibly intoxicated.  Competent legal assistance is needed to meet these challenges.

     If you, or a loved one, has been injured by an intoxicated driver, or the many other contexts that entail a personal injury, you may have a claim against the establishment that sold him or her alcoholic drinks. Guy Vining will be pleased to have a consultation with you at no charge to discuss your circumstances. Please feel free to call.

Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.

Negligence Cases in the News: Malpractice

Negligence Cases in the News

Personal Injury — Malpractice

In a recent blog we discussed that a common theme in medical malpractice cases is failure to diagnose leading to a significant injury or death. As pointed out, a serious and common gynecological problem which sometimes goes undiagnosed is ectopic pregnancy. When timely to diagnose an ectopic pregnancy can be resolved by a salpingostomy. This is a surgery to remove the fetus from the falliopian tube before it grows so large as to cause a rupture. A ruptured falliopian tube can cause death through internal bleeding and or diminished fertility. Medical literature relates that a pregnancy in the falliopian tube is a true medical emergency and that every attempt should be made to remove the fetus before the tube is damaged.

The doctor or emergency room staff must maintain a high degree of suspicion for ectopic pregnancy in young, sexually active, women who are presenting signs of pain, cramps, bleeding, nausea, and dizziness. These warning sign in conjunction with a detailed history may suggest an abnormal pregnancy. In that case, the pregnancy can be confirmed by simple blood or urine tests. If confirmed, an immediate referral to an OBGYN specialist is called for, as well as an ultrasound, to see if there is, in fact, an abnormal pregnancy.

Ectopic pregnancy (tubal pregnancy) although a true medical emergency, if properly handled, can be successfully treated.

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Personal Injury Cases in the News: Medical Malpractice

Personal Injury in the News:
Medical Malpractice

 

The Toledo Blade recently reported a suit by an Ohio resident against a hospital which allegedly failed to diagnose bleeding in the patient’s skull. The allegation is that the undiagnosed condition resulted in stroke and physical disability.

 

A common type of medical malpractice case is the “failure to diagnose,” or the “failure to monitor” case. The pattern is that illnesses have various abnormal presenting signs which need to be considered through a process of differential diagnosis to determine and treat the cause. The medical professionals are supposed to be acquainted with the various abnormal signs and develop a differential diagnosis of what the cause possibly is and then perform tests to rule them in or out. A missed diagnosis is a very serious matter, and can result in serious injury or death.

 

As an example, consider the condition of ectopic pregnancy. In years past, Guy Vining represnted several victims of this conditions. An ectopic pregnancy is the development of a fetus outside of the uterus, usually into a fallopian tube. The warning signs include swelling and extreme pain in the patient. The risk is extreme, too, because if the fetus is not timely removed, the falliopian tube may rupture leading to the patient’s death by bleeding. The practitioners therefore must have a high index of suspicion for ectopic pregnancy when presented with a young woman and these symptoms. Appropriate care would include taking a history of sexual activity, last menses, ordering a pregnancy test and an ultrasound.

 

As earlier mentioned, if the diagnosis is not made, the rupture can lead to loss of the fallopian tube or even death. If you or a loved one have suffered the loss of a fallopian tube or another serious personal injury because of the failure to make a medical diagnosis, you may have have a compensible loss. Be sure to promptly get advice from a qualified attorney in regard to your personal injury.

 

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Negligence Cases in the News: Black Ice and Slip-and-fall

Negligence Cases in the News:

Personal Injury — Black Ice and Slip-and-fall

 

It’s a common occurrence in Michigan. In the winter time frequently pavement will become encased in invisible “black ice.” Due to its invisibility, black ice is a leading cause of winter time personal injury from car crashes to slip-and-falls.
Generally, in Michigan a premises owner does not have a duty to warn a shopper or even clear off snow or ice if it is visible upon a casual inspection. The Courts in Michigan have held that it is the pedestrian or shopper’s duty to avoid such hazardous conditions or to accept the consequences of a slip and fall if the lot is visibly snow covered.
On the other hand, black ice has become a recognized exception to this general rule.
In Slaughter v. Blarney Castle Oil Company, the business visitor, Mrs. Slaughter, injured her back when she slipped and fell at the Defendant’s gas station. The court of Appeals affirmed (agreed with) the decision of the trial court that black ice was an exception to the open and obvious doctrine. The Court reasoned that by definition black ice was “not open and obvious.”

 

     “Plaintiff contends that under the circumstances of this case, she had no warning of icy conditions on defendant’s premises and that, the condition therefore was not open and obvious. Further, plaintiff contends that special circumstances existed because the condition posed an unreasonable risk and was unavoidable.

 

     To determine whether black ice is open and obvious, one must consider the logic behind the open and obvious danger doctrine, which, as stated earlier, is that “an obvious danger is no danger to a reasonably careful person.” Novotney, supra at 474. We are asked to determine whether “an average user with ordinary intelligence” would be able to discover black ice “upon casual inspection,” absent the presence of snow. Id. at 475.

 

     Perhaps the best way to ascertain whether black ice is open and obvious is to examine the characteristics of black ice. Webster’s New World College Dictionary (4th ed), p151, describes black ice as “a thin, nearly invisible layer of ice on a dark surface (as a paved road or a body of water) that is difficult to see.” The American Heritage Diction of the English Language (4th ed) p191, defines black ice as “[a] thin, nearly invisible coating of ice that forms on paved surfaces.” The New Oxford American Dictionary (2nd ed), p172, describes it as “a transparent coating of ice, found esp. on a road or other paved surface.” The American Century Dictionary (2005), p60, defines it as a “thin layer of invisible ice on a road, etc.”

 

     The Overriding principle behind the many definitions of black ice is that it is invisible or nearly invisible, transparent, or nearly transparent. Such definition is inherently inconsistent with the open and obvious danger doctrine. Consequently, we decline to extend the doctrine to black ice without evidence that the black ice in question would have been visible on casual inspection before the fall or without other indicia of a potentially hazardous condition.”

 

If you or a loved one has suffered an injury from a slip and fall or car accident related to black ice, you may have a remedy in court for monetary compensation. Guy Vining of the Vining Law Group, PLC has represented many victims of slip and falls. Please feel free to call Guy Vining for a free and confidential appointment to discuss your rights.

 

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Personal Injury Cases in the News: Falls and Black Ice

Personal Injury Cases in the News:
Personal Injury — Falls and Black Ice

 

Guy Vining of the Vining Law Group, PLC was able to settle a significant personal injury case caused by a store owner’s failure to use proper care in maintaining its parking lot. The good result was obtained because legal discovery disclosed another shopper was injured a few hours earlier. When that fact was discovered from the Defendant’s records subpoenas were issued to require that individual to give a deposition (a statement under oath).

 

The deposition was crucial because one of the important issues in such a case is notice. If the company in charge of the premises does not have notice of the hazard which caused the personal injury is near the Defendant can escape liability. In this case, however, the witness testified that she was injured due to icy conditions and reported it to the store management. Other records established that Plaintiff was injured about two hours later, and that in the intervening time, no de-icing agents were put down for the safety of customers.

 

 Icy winter conditions are a fact of life in Michigan. This means that shoppers and pedestrians must be careful. However, a shop owner owes a duty to help protect those that come to do business. The law provides that such a store owner should use reasonable care if they receive a notice of a hazardous condition. Although belittled on television and in comedy routines, there is nothing funny about slip-and-falls. These types of hazards are a leading cause of serious personal injury and even death.

 

If you or a loved one have been injured on a defective premises, call Guy Vining of the Vining Law Group today for a no-cost consultation.

 

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Negligence Cases in the News: Bus Accident Cases

Negligence Cases in the News:
Bus Accident Cases

     The Long Beach Press reported this month that a lawsuit has been filed by families against two California bus companies. Seven people were killed when a tour bus lost its brakes coming down a mountain.

 

In Michigan, the law also imposes a duty upon public transportation companies to maintain their buses in good repair to avoid personal injury. The same is true with regard to the general safe operation of buses and cabs for the safety of their paying customers and the general public.

 

If you or a loved one are injured while a passenger on a local bus or cab through negligence of the driver or a safety defect, you may wish to speak with a lawyer to discuss your rights.

 

Guy Vining, an experienced personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Personal Injury Cases in the News: Product Defects

Personal Injury Cases in the News:

 

Product Defects

 

     On February 3, 2013 The Fresno Bee reported that a California resident was awarded $1,000,000.00 in the settlement of his personal injury case. His arm was crushed while he was working in a watermelon processing plant, forcing him to undergo several surgeries. While his condition is stable, it is likely that he will never be able to do labor again.

 

     In Michigan, there are certain laws that protect workers on the clock and those at home from potentially harmful products. It’s called product liability, as governed by MCL 600.2946. In such cases, one must be able to prove a few things, as outlined by Edward M. Swartz in “Proof of Product Defect“:

 

     “The plaintiff’s case rests on three issues of fact: whether there is (1) a defect, (2) a proximate cause, and (3) damages. The plaintiff’s use of the product may not be a separate issue, only evidence that a defect or proximate cause was not present.

***

     A defect need not be only a broken part. The concept includes: improper design, improper choice of materials or components, failure to use safety devices, inadequate warnings, inadequate instructions, improper assembly and manufacture, and inadequate advertising and marketing. A defect may exist in any phase of production which may affect safety, including manufacture, assembly, design, materials, selection of component parts, inspection, packaging, instructions, warnings, promotion, certification, and testing.”

 

If you or a loved one have been injured by a potentially defective product, call Guy Vining of the Vining Law Group today for no-cost consultation.

 

[Guy Vining, a personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Personal Injury Cases in the News: Dog Bite Cases

Personal Injury Cases in the News

Dog Bite Cases

 

     The old adage is wrong. It used to be said that every dog is entitled to one bite. In other words, no liability unless the owner knows of a dangerous propensity. However, that is not what the statute says. It provides for almost strict liability at MCL 287.351, which states:

 

“Sec. 1.(1) If a dog bites a person, without provocations while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

 

Sec. 1.(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.”

 

     If you or a loved one have suffered an injury from a dog, or other animal, you may have a remedy in court for monetary compensation. Guy Vining of the Vining Law Group, PLC has represented a dozen or more victims of animal attacks with settlements ranging from $15,000 to more than $300,000. Please feel free to call Guy Vining for a free and confidential appointment to discuss your rights.

 

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]