Recent Posts in Wrongful Death Category

This week, a settlement was reached in a wrongful death case.  Court documents indicate that the plaintiff, Jennifer Berg of South Dakota, filed a claim against pharmaceutical company GlaxoSmithKline.

In 2007, Berg filed her lawsuit and alleged that her infant side was wrongfully killed as a result of a heart disorder that was caused by her prescribed usage of the antidepressant, Paxil.  Berg had taken the antidepressant throughout her pregnancy.

In her federal court lawsuit, she sought unspecified damages from the company as she claimed it failed to warn consumers about the dangers of its medication.

At this time, letter to the judge presiding over the case indicate that a settlement has been reached, but no additional filings have been made to date.  GlaxoSmithKline said it would take a $2.3 billion charge against is second-quarter earnings to resolve its settlements and agreements to settle other cases involving Paxil usage.

Have you lost a loved one due to wrongful death in North Carolina?  If so, a North Carolina personal injury lawyer from the Lanier Law Group can help.  Contact us today!

News sources report that Joe Jackson is going to file a wrongful death claim against his son's physician, Dr. Conrad Murray.  Recently, Jackson's attorney sent a document prerequisite to filing a wrongful death lawsuit to the doctor.  In the paperwork, the attorney asserts that the doctor consumed alcohol hours before he administered Michael Jackson with a lethal dose of Propofol, an anaesthetic.  After the drug was administered on June 25, 2009, the pop star died. 

Joe Jackson's lawyer wrote, "Prior to treating Michael Jackson, (the) defendant was at a strip club called Sam's Hofbrau in Los Angeles where he had been drinking."  He said that it was reckless for the doctor to drink alcohol before treating Jackson and also said that Murray concealed his conduct from the legendary singer.

In the lawsuit, Joe Jackson has asked that his lawyer list the medical conditions that his son suffered from due to the drugs that Murray administered.  He believes that his son suffered from "neurological, pulmonary, and anaemia signs over several weeks prior to his death."  It is asserted that the signs were obvious, but ignored by Murray who continued to give Michael drugs.

Are you thinking about filing a North Carolina wrongful death claim?  If so, now is the time to contact the Lanier Law Group and get legal insight from a North Carolina personal injury attorney!

The family of a woman hit and killed by a drunk driver as she crossed the street has led to a wrongful death lawsuit against the driver and the bar where he worked.

In his lawsuit Matthew Wood, husband of Susan Berry Wood, claims that 25-year-old Jeremy Lane, who worked at Chattanooga Billiard Club, was served alcohol "free of charge" from the time he got off work at 3 a.m. until he staggered out of the bar at 7 a.m. The lawsuit further alleges that when Lane left the bar and got into his car he was clearly and visibly intoxicated. A short time later he fatally struck Wood as she was crossing the street to report to work.

According to police Lane was drunk when he hit Mrs. Wood. He had run a red light, but instead of stopping when the accident occurred, Lane fled the scene and called police claiming his car had been carjacked.

Wood's lawsuit also claims that the Chattanooga Billiard Club should be held liable given that "it was foreseeable and probable that harm or injury would occur to persons such as Susan Wood, given the actions of Chattanooga Billiard Club in providing free alcohol to its employees on its premises." The bar violated a city ordinance that bans bar workers from ever drinking at their place of employment, even if they are off duty. The ordinance also prohibits bars from serving alcohol to anyone between the hours of 3 a.m. and 8 a.m. on a weekday. Lane's accident occurred on December 23, a Wednesday.

Mr. Wood is seeking an unspecified amount in punitive damages for the bar's gross negligence and recklessness.

Lane also faces criminal charges for DUI and vehicular manslaughter.

Injured by a Drunk Driver in North Carolina?

Drunk driving is one of the most egregious forms of negligence, and when an individual is so careless as to get behind the wheel and drive drunk, they deserve to be held liable if their negligent actions led to injury or death. If you were injured by a drunk driver, or if your loved one was killed in a drunk driving accident, you can trust a North Carolina auto accident attorney at Lanier Law Group to help you pursue a personal injury or wrongful death lawsuit. You deserve to be compensated for what you've been through, not only for your medical expenses and lost wages, but also for your pain, suffering, emotional distress, and overall decreased enjoyment of life.

Please feel free to contact Lanier Law Group today if you need help filing a drunk driving accident claim.

A wrongful death lawsuit is underway in Collier County, Florida against a driver accused of hitting and killing a pedestrian riding his bicycle.

Margaret Caskey claims Lawrence A. Daniels was texting while driving when he hit and killed her husband, James L. Caskey, Jr. She is also suing Astellas Pharma US Inc., Daniels’ employer and owner of the car he was driving.

In her lawsuit, Caskey claims that Daniels, who was working at the time of the accident, “engaged in intentional misconduct or gross negligence, or both, by texting on his cell phone when the crash occurred.” Her lawsuit goes on to say that Daniels knew or should have known that his actions were wrong and dangerous, but that he continued to text while driving anyway.

The lawsuit is garnering a lot of attention in Florida, as it is the first texting while driving wrongful death lawsuit ever filed in Collier County Court. Currently Florida does not ban texting while driving, but legislators are considering enacting such a ban.

The family of a North Carolina teenager who was killed after police tasered him with a stun gun has filed a lawsuit against the gun’s manufacturer.

Darryl Wayne Turner, 17, died of cardiac arrest after Charlotte police officers used a taser on him during a confrontation at the grocery store where he worked. Although the city of Charlotte will not admit to any wrongdoing, they did pay Turner’s family $625,000 last August.

Now Tuner’s family has filed a lawsuit against Taser International, claiming the company failed to warn its customers that the weapon could potentially be lethal if used near the chest.

A spokesperson for Taser International would not comment on the case because it is still pending, but did say the company stands by the safety of their products.

At Lanier Law Group, we offered experienced legal counsel to victims of defective product injuries throughout all of North Carolina. Product makers have a legal obligation to ensure their products are safe for public consumption. Part of that obligation includes making sure any products made available to the public are packaged with proper warning labels. Without warning labels that clearly state the dangers and risks associated with using the product, as well as the proper way to use the product to reduce the risk of injury or death, the designer, manufacturer, distributor, and/or retailer can be held liable for damages in a product liability lawsuit.

In addition to handling defective products claims, we also represent victims of police brutality and excessive force. Sometimes police officers take their position of power and authority a little too seriously and cross the line. If you believe an officer’s use of excessive force led to your injury, you can turn to Lanier Law Group for help.

To arrange a free consultation with an experienced North Carolina personal injury attorney to discuss your claim, contact Lanier Law Group today at 1-888-CONSULT!

The wife, son, and daughter of a Baltimore man who was killed when he was hit by a semi truck while riding his bicycle has filed a wrongful death lawsuit against the truck driver and the driver’s employer.

John R. Yates, 67, was riding his bicycle behind the truck when he became caught in the vehicle’s rear wheels and was run over as the truck turned right onto another street. Yates died at the scene.

The lawsuit filed by Yates’ family says that both truck driver, Michael Dale Chandler, and his employer, Potts & Callahan, Inc. (a demolition, excavation, and equipment rental company), were negligent and thus liable for the death of their loved one. They are seeking $5 million in compensatory damages.

After reviewing video surveillance footage that shows Chandler making a right turn without signaling, the attorney for the Yates family, Steven D. Silverman, argued that Chandler and Potts & Callahan were negligent . Silverman also alleges that Chandler failed to look right to ensure traffic was clear of cyclists or pedestrians.

But a police investigation determined that Yates was at fault for the accident for riding his bicycle in parking lanes and trying to pass the truck on the right, two actions considered illegal in the state of Maryland. A spokesman with the city police said their investigation concluded that Yates drove into the truck.

The attorney representing Potts & Callahan also maintains that neither Chandler nor Potts & Callahan caused the collision.

The family of a Texas woman who was killed after she was hit by a drunk off-duty police officer is suing the bar that served the officer the alcohol.

Jeff Rasansky, the attorney representing Sonia Baker’s family, said the family decided to sue the Pour House for over-serving patrons and “placing profits ahead of safety.” The lawsuit was filed under the state’s Dram Shop Act, which states that those establishments that sell alcohol to an obviously intoxicated person can be held liable if that patron causes an accident.

Named as defendants in the lawsuit are the Pour House (part of Aventura Hospitality LLC), the bar’s owner Eric Tschetter, and Pueri, Inc., another business entity. Baker’s family is claiming the bar continued to serve the officer, Jesus Cisneros of the Fort Worth Police Department, to the point of him becoming “dangerously inebriated,” and then allowed him to leave the bar and drive away. The lawsuit further alleges that because the bar over-served Cisneros and allowed him to leave while clearly intoxicated, he was able to take his city-owned vehicle and sped down the street, crashing into Baker’s PT Cruiser.

It wasn’t mentioned whether or not the family plans to pursue a wrongful death lawsuit against Cisneros, although they probably will. Since the accident, Cisneroas has been charged with vehicular manslaughter, but is currently out on bail.

An internal investigation by the police department found that Cisneroas and several other narcotics officers visted three bars as part of an unauthorized undercover bar detail. Afterwards, Cisneros drove to the Pour House to meet other officers for a birthday celebration, were he consumed another four beers and took four shots of alcohol.

After the accident, he was taken to the hospital where a blood test determined his BAC was .17, more than twice the legal limit.

He has since resigned from the department. The police department also launched an investigation to determine why the other officers allowed Cisneros to drive when he was clearly inebriated.

A little more than a year after her son was killed in an explosion at a hotel, a mother has filed a lawsuit against both the hotel and a plumbing company.

Michael Walden was killed when the gas broiler at the Mercury Motel in Nashville blew up. Walden was an employee of the hotel and was checking on a gas leak when the broiler exploded.

Walden’s mother, Charlotte McGuire, claims that Holt Plumbing Company is responsible for the explosion that killed her son. In her lawsuit, she says that the plumbing company did a poor job repairing the broiler. An employee for the company allegedly removed a piece from the broiler at the Mercury Hotel in order to repair a broiler in a neighboring hotel, the Drake Motel. The fix didn’t work and the company left without properly reconnecting the gas lines, which caused gas to start leaking. Walden was checking on that leak when the broiler exploded.

In addition to Holt Plumbing Company, McGuire has also filed a lawsuit against the Drake Motel and Piedmont Natural Gas. She claims the utility company failed to respond to reports of a gas leak quickly enough.

In total, McGuire is seeking $15 million in damages.

A woman whose husband died when another man flew his personal aircraft into the Internal Revenue Service building where her husband worked has filed a lawsuit against the pilot’s wife.

Valerie Hunter, whose husband Vernon was killed when Andrew Joseph Stack flew his plane into the building where Hunter worked, claims Stack’s wife, Sheryl Mann Stack, failed to warn others about her husband, and had a duty to “avoid a foreseeable risk of injury to others.”

According to Hunter’s lawsuit, Sheryl Stack was threatened enough by her husband that, the night before he crashed the plane, she took her daughter and stayed at a hotel.

Hunter is also claiming that her family is entitled to some type of compensation or damages because the pilot was negligent in protecting Vernon Hunter’s life. The amount of damages Valerie Hunter is seeking has not been disclosed.  Hunter’s attorney said his client is also interested in learning what insurance money might be available to her and her family.

Sheryl Stack hasn’t commented on the lawsuit or the plane crash, other than stating she is grief-stricken.

Although they don’t happen very often, plane crashes do occur, and when they do injury or death is almost imminent. If you have been injured in a plane crash, or if a loved one was killed in a plane crash, you can depend on an experienced North Carolina personal injury lawyer at Lanier Law Group to help you take legal action. During this difficult time, you can depend on us to protect your rights and interests and help you pursue a claim for maximum compensation!

A lawsuit has been filed against four Florida police departments and several individual officers by the family of a man who was fatally shot by a Lee County sheriff’s deputy last year.

The family of Arthur Lee Coleman claims Coleman’s death was unjustified, and is now seeking monetary damages. Michelle Berthiaume, the attorney representing Coleman’s family, argued that “overzealous police work caused him to lose his life.”

Coleman was allegedly acting as an informant for the sheriff’s department and other law enforcement agencies, helping them break up a vehicle-theft ring operating out of Fort Myers and Miami. A fugitive task force was after him for violating his probation when he was shot by the officer.

Coleman, a well-known car thief himself, was facing 16 criminal counts, including racketeering, grand theft of a motor vehicle, and dealing in stolen property. As part of a plea deal, Coleman agreed to plead guilty and, in exchange for going to jail, serve 30 months of probation. Going undercover and helping police with the theft ring was also part of that plea deal.

Berthiaume says Coleman’s family could be entitled to up to $150,000 in damages.

If you believe your loved one was unjustly killed at the hands of a law enforcement officer, you can turn to Lanier Law Group for help. Excessive force and police brutality are the cause of many injuries and deaths, but often times people don’t take legal action because they feel they don’t have chance against a police officer. At our firm, we believe that every victim has a voice, and are committed to doing whatever we can to ensure justice is served. Whether you’re interested in filing a wrongful death lawsuit or a personal injury claim, you can depend on an experienced North Carolina personal injury attorney at Lanier Law Group to advocate your legal rights and help you pursue a claim for maximum compensation.

A medical malpractice lawsuit filed against a Texas hospital has resulted in a $1.3 million jury verdict for the victim’s family.

The lawsuit was filed against Christus St. Mary Hospital in Port Arthur, Texas by the family of 41-year-old Stacy Meaux. The lawsuit claims the hospital was negligent in its treatment of Meaux, who died of a heart attack hours after coming to the hospital’s emergency room.

The Jefferson County jury found both the hospital and Dr. Michael Peterson to have committed “willful or wanton negligence” in treating Meaux. The exact details of what transpired while Meaux was at the hospital have not been disclosed.

Although the jury awarded Meaux’s family $1.3 million in damages, a medical malpractice cap will limit the amount of damages awarded for pain and suffering to $250,000 per defendant.

If you have suffered an injury due to doctor or hospital malpractice, or if you believe your loved one was killed as a result of medical malpractice, you may have legal grounds to pursue a lawsuit against the responsible party. An experienced North Carolina medical malpractice attorney at Lanier Law Group can help you exercise your rights to recovery by guiding you through the claims process and aggressively prosecuting your claim for the largest possible settlement.

To learn more, please contact Lanier Law Group today to schedule your FREE consultation!

The family of a Houston woman who died after crashing into a cement wall has filed a wrongful death lawsuit against Toyota.

The husband of Trina Renee Harris, 34, filed his lawsuit against Toyota Motor Sales U.S.A, gas pedal maker CTS Corp., and Fred Haas Toyota World, the dealership that leased Harris the 2009 Corolla.

The lawsuit describes how Harris died on impact after being unable to stop her car. An investigation found no skid marks on the street where the accident occurred, indicating the brakes in Harris’ vehicle were likely defective.   

In November, Toyota recalled nearly 3.8 million vehicles due to problems with the floor mats and the accelerator, and then last month announced it would be recalling another 2.8 million vehicles to fix a mechanical problem with the cars’ accelerator. The 2009 Corolla was included in that recall.

Harris’ husband, Michael Harris, said he remembers his wife telling him that the car’s accelerator would sometimes move on its own. Harris is seeking $200 million in actual and punitive damages for what he believes is gross negligence on the part of Toyota. 

“I want those who were negligent to be held responsible. This problem was there before Dec. 18 when she died,” said Harris. “I'm extremely angry for my children. She won't be there for the prom. When they get married, she won't be there.”

It is believed Harris’ suit is the third wrongful death lawsuit against Toyota prompted by the acceleration problem.

A spokesperson for Toyota said the company does not comment on pending litigation, and a manager at Fred Haas Toyota World said they haven’t seen the lawsuit yet. CTS Corp has not made any comments.

If you or someone you know has been injured or killed due to a defect with a Toyota or Lexus vehicle, you may have grounds to file a lawsuit. The attorneys at Lanier Law Group have extensive experience in this area of law, and can provide you with the skilled and resourceful representation needed to pursue a product liability and/or wrongful death lawsuit against the appropriate parties.

To schedule a free consultation with a North Carolina personal injury lawyer at Lanier Law Group, contact the office today by calling 1-888-CONSULT!

When an individual is killed due to the negligence of another, the surviving family members have the right to seek benefits by filing a wrongful death lawsuit. Types of wrongful death benefits include:

• Compensation for any hospitalization or medical care the decedent (the victim) received before he or she passed away
• Compensation for any pain or suffering the decedent experienced before he or she passed away
• Compensation for funeral and burial expenses
• Compensation for lost income the decedent would have contributed had he or she not been killed
• Compensation for lost pensions and benefits
• Compensation for loss of services, protection, care, assistance, society, companionship, comfort, guidance, advice, etc.
• Punitive damages the decedent could have recovered had he or she survived, pursuant to Chapter 1D of the General Statutes
• Punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, pursuit to G.S. 1D 5