Nurenberg, Paris, Heller & McCarthy | Ohio Injury Lawyers Blog

Motorcycle Accidents Increase In Spring

fstrack — Tue, 04 May 2010 16:32:19 +0000

There were 163 motorcycle fatalities in Ohio in 2009. Motorcycle fatalities decreased last year in Ohio and across the country compared to 2008 figures.

In the past few weeks the sad reminder of motorcycle related accidents are the local news in almost every town.

Here are a few headlines from the past week:

Most of the motorcycle accidents that take place in the Spring can be avoided. All drivers need to keep a look out for motorcyclists. Due to the small size of a motorcycle they tend to get hidden behind trees, other traffic or other objects. With May being National Motorcycle Safety month, our office urges all drivers and riders to operate their vehicles safely. Look twice before you take a turn and always be predicable in your driving patters. Doing so will help prevent accidents.

If you or a family member has been involved in a motorcycle accident, the lawyers at Nurenberg Paris can help.

Pilot dies in Indiana plane crash

admin — Thu, 22 Apr 2010 20:03:09 +0000

Pilot Dies in Indiana Plane Crash

Indiana State Police responded to a private, single-engine aircraft crash in a field off of Rector Road and State Road 250 in Western Jefferson County which resulted in the 81-year-old pilot’s death, according to News/Talk 1010 WCSI.

Emergency personnel discovered the wreckage and deceased victim in a field on private property, and it was unknown what caused to plane to crash. The Indiana plane crash had such force that it wasn’t immediately possible to determine the type of aircraft or complete tail number.

Consolidating Toyota Lawsuits

fstrack — Thu, 01 Apr 2010 20:24:36 +0000

Toyota Motor Corporation has been plagued by class action lawsuits filed against the automobile manufacture for Toyota vehicles with complaints of sudden acceleration. According to Business Week at least 148 class action suits have been filed against Toyota since November. These class action lawsuits have been filed by “consumers and shareholders, alleging the company withheld information about the risk of sudden acceleration, driving down the value of vehicles or inflating the company’s shares. At least 48 lawsuits were filed claiming injuries or deaths caused by sudden acceleration incidents.” The National Highway Traffic Safety Administration has also linked 52 deaths to acceleration problems caused by floor mats or sticky accelerator pedals.

Lawsuits nationwide have multiplied in the last few months and lawsuits have been filed in multiple jurisdictions around the country, including California, Louisiana and Kentucky. Toyota’s U.S. sales corporate headquarters is located in Torrance, California. On March 24, 2010, more than 150 attorneys attended a hearing in Federal Court in San Diego in front of a panel of seven federal judges who will decide whether or not to combine these lawsuits. Many times lawsuits that have a common liability factor are consolidated together in federal court under a multidistrict or MDL litigation. A multidistrict litigation is not handled in the same manner as a class action. This panel of federal judges will decide if these lawsuits should be combined and the same panel of judges will decide which federal judge and court is best suited to handle this incredibly complex and undoubtedly lengthy litigation. If combined, all cases involving common issues will be handled by a panel of attorneys appointed by the judge overseeing the case. This panel will be known as the Plaintiff’s Steering Committee. The multidistrict judge would decide issues regarding the production of documents, depositions of witnesses and make rulings on legal arguments pertaining to all cases.

If you or a family member has been involved in an accident involving a Toyota vehicle, the lawyers at Nurenberg Paris can help you decide the best avenue to pursue a case against Toyota.

Three Infant Deaths Reported

fstrack — Tue, 30 Mar 2010 20:14:32 +0000

The news of recalls for baby related items has continued to be a prevalent topic on the Consumer Product Safety Commission website. In the last few months, multiple cribs have been recalled due to the risk of serious injury or death from strangulation and suffocation hazards. Strollers have been recalled due to the risk of finger amputation and now another recall for infant slings. One million of the infant slings of Infantino “SlingRider” and “Wendy Belllissimo” slings used to cradle infants in a wrap hanging from a mothers neck have been recalled.

The Consumer Product Safety Commission “is aware of three reports of deaths that occurred in these slings in 2009; a 7-week-old infant in Philadelphia, PA; a 6-day-old infant in Salem, Ore; and a 3-month-old infant in Cincinnati, Ohio.” See the Consumer Product Safety Commission press release dated March 24, 2010 for more details. Parents are advised by the CPSC to stop using these slings immediately and contact the manufacturer, Infantino.

Other news accounts recommended that you stop using these sling devices as it cradles the infants who have no support in their neck and does not allow them to get enough oxygen. Do not donate these slings or resell them at garage sales as others may not later be aware of the hazards.

The firm of Nurenberg Paris has years of experience dealing with product defects, including those with children, who have suffered serious injury or tragic deaths.

Toyota Unintended Acceleration Recall

admin — Thu, 04 Feb 2010 13:59:58 +0000

When Toyota announced it would halt the selling eight models it left many consumers and businesses asking a lot of questions. The small glitch has now escalated to a crisis for Toyota.
Toyota Motor Sales announced a recall of 2.3 million vehicles because of sticking accelerator pedals on specific Toyota Division models. This recall is separate from the ongoing recall of 4.2 million Toyota and Lexus vehicles due to the risk of “pedal entrapment” by incorrect or out of place accessory floor mats. Approximately 1.7 million Toyota vehicles are subject to both recalls.

The National Highway Traffic Safety Administration (NHTSA) warns the accelerator pedals of millions of Toyotas may get stuck in the “open” position, which describes a situation when the accelerator pedal is pressed down and the vehicle accelerates out of the driver’s control. The NHTSA says, “A stuck accelerator may result in very high vehicle speeds and a crash, which could cause serious injury or death.”

“This is an urgent matter,” said U.S. Transportation Secretary Ray LaHood. “For everyone’s sake, we strongly urge owners of these vehicles to remove mats or other obstacles that could lead to unintended acceleration.”

Some of the recalled Toyota and Lexus models include:

•2007-2010 Camry
•2005-2010 Avalon
•2004-2009 Prius
•2005-2010 Tacoma
•2007-2010 Tundra
•2007-2010 ES 350
•2006-2010 IS 250 and IS350

Affected Accelerator Pedal Signs according to Toyota’s U.S. national manager for environmental safety and quality, “The accelerator might feel a little balky or stiff or rough when you depress it. The pedal may be slow to return to its original position after you let up. It won’t spring back like it used to. The problem is progressive, meaning if you feel a slight change, it likely will get worse over time.”

Transportation Secretary Ray LaHood suggested at a hearing today “If the cars are dangerous enough that they can’t be sold, how could owners still be fine driving them?” Toyota is working to quickly identify and correct the problem.

During the past few weeks consumers and businesses have looked for answers and repairs to their recalled vehicles. The Nurenberg Paris law firm wants to help you and your loved ones, if you’ve been the victim of unintended acceleration due to the pedal of your Toyota or Lexus vehicle becoming trapped under a floor mat or getting struck because of mechanical reasons. If you or someone you care about has suffered, contact our law firm today and we’ll do everything in our power to help get you the compensation you deserve.

AA Flight 331 crash is not just another aviation “incident”, “runway excursion”or “mishap”.

admin — Fri, 29 Jan 2010 16:10:07 +0000

Nurenberg Paris represents passengers who were on American Airlines Flight 331, which crashed in Kingston, Jamaica on December 22, 2009. This crash was not, a some have suggested, a minor aviation “incident”, “runway excursion” or “mishap”. The pain, trauma and emotional anguish suffered by passengers on board this flight will likely affect them for a long time, and in some instances, for the rest of their lives. Moreover, this crash is another example of a deteriorating aviation system both in the United States and abroad.

It is important for passengers of this horrifying crash to research and find an experienced aviation law firm that they feel comfortable with and which will help them in the difficult months ahead. You do not want to become just another case or file number in a case load of hundreds. If you were injured, whether physically or emotionally, please take the time to focus on getting the help you need to recover. A law firm experienced in dealing with passengers who have experienced the trauma of an aviation crash can help you take the burden and stress of the legalities off your shoulders, so you can focus on what is most important: you, your family and your well being.

The complexities of an investigation into an aviation accident can be overwhelming. News media reports can often be misleading and inaccurate. Months, and sometimes years, of intense investigation by aviation experts and aviation attorneys (above and beyond the governmental investigating agency’s work) may be necessary to find the exact causes of an airplane crash. Often in the wake of a crash, the news reports focus on one specific cause. In reality the reason a crash occurs is often the failures of multiple events, including, mechanical, weather, air traffic control, training, pilot error, terrain, corporate on time pressures, and many other factors.

The Jamaican Civil Aviation Authority in cooperation with the National Transportation Safety Board (NTSB) is jointly investigating the cause of this accident. As reported in the news release of the JCAA on January 6, 2010
the flight data recorder has not indicated any malfunction with the operation of the brakes, spoilers or thrust reversers. The rate of deceleration appears to be normal for a wet runway. The investigation continues on the mechanical functions of the various avionics and systems.

Pertinent facts indicate that American Airlines is responsible for this crash. As the investigation evolves, other responsible parties may be identified. Unfortunately, this is not the first time American Airlines has been involved in landing accidents. Only a week before, an American MD-80 ran off the runway in Charlotte, NC. Also in December, an American MD-80 struck a wingtip on the ground when landing in Austin, Texas. Flight 331 is hauntingly similar to American Flight 1420, which crashed while attempting to land in a thunderstorm in Little Rock, Arkansas in 1999. Therefore, it is likely that investigators will focus on American Airlines safety policies with regard to the choice of landing in inclement weather versus diverting to a more suitable alternate airport. Important questions about pilot judgment, corporate on time pressures, long work days and why this pilot landed in these weather conditions, instead of diverting to Grand Cayman island, are all answers the passengers of American Airlines Flight 331 need answers to.

The aviation attorneys at Nurenberg Paris will be getting answers to these questions and many others during their investigation with experience aviation experts into the causes of this crash.

Fatal Mitsubishi MU-2B-36 Plane Crash – Lorain, Ohio

fstrack — Tue, 19 Jan 2010 19:21:39 +0000

On January 18th, Donald and Shirley Brown, were passengers in a Mitsubishi MU-2B-60 aircraft, owned by Mitts Corp., a subsidiary of Kenn-Air Corp. Donald and Shirley Brown are well known in the Vermillion, Ohio community and the greater Cleveland area. Donald Brown developed and patented, among other things, the very popular drop ceiling. He was also the owner of Donn Products in Westlake, Ohio, until he sold it to U.S. Grypsum of Chicago in 1986. News accounts relay a story of a brilliant and soft-spoken man. The Browns lived in an impressive estate on the shores of Lake Erie in Vermillion Township.

The crash of the Mitsubishi MU-2B-60 is under investigation by the National Transportation Safety Board who have now taken control of the accident site in Lorain County, Ohio. They will be looking and evaluating multiple factors that may have lead to the crash including, weather, visibility, pilot training, the pilot and co-pilot’s experience with this aircraft, mechanical failure and many other factors. With our vast aviation legal experience involving the crashes of many other small aircraft including a Mitsubishi MU-2B-36, which crashed in Utah during icing conditions, Nurenberg Paris has the background, intelligence and resources to get the answers the victim’s families deserve and protect the family’s legal interests. Crashes often involve multiple failures and require the experience of skilled and seasoned aviation experts who over many months will conduct a comprehensive investigation and ultimately determine the cause of an aircraft crash. The aviation attorneys at Nurenberg Paris have the background, experience, results and compassion to help the families of aviation disasters through the over whelming aftermath of an airplane crash.

High court to hear appeal in cadets plane crash case

fstrack — Mon, 18 Jan 2010 22:30:53 +0000

Maine’s highest court will hear an appeal in a matter in which a Junior ROTC cadet was killed in a 2006 plane crash. Aviation Attorney Jamie R. Lebovitz, Partner with Cleveland Ohio based law firm Nurenberg Paris, represents the family of Shannon Fortier who perished in the crash.

Oral arguments are scheduled on February 10, 2010. For more information see the The Sun Journal article.

Putting Off Fixing a Hole in Your Driveway or Business Parking Lot Can Have Devasting Consequences

fstrack — Tue, 22 Dec 2009 16:52:58 +0000

David M. Paris represented our client who was 24 weeks pregnant with twins. She and her 3 year old son went to have dinner at a local restaurant. They parked their car in the parking lot and walked into the restaurant. Unfortunately, the hole in which she fell on her way out of the restaurant was hidden by a car that had stopped to let out a customer. After eating their dinner, our client left the restaurant. As they walked through the door, a car was stopped in front of their path waiting for another vehicle in a parking space to back out. This car also blocked her view of the hole. While her attention was focused to her right at the approaching car that had pulled out of the parking space, she stepped into and fell into a 1 foot x 3 foot hole. The hole had been In that condition for a long time and the restaurant manager testified that he was aware of it but was “keeping an eye on it”. A simple $100 asphalt repair or a barricade would have prevented her fall.

Our client fell forward directly onto her abdomen. Paramedics arrived and she ultimately went to a Level 1 hospital emergency room where she was found to be 3.5cm dilated with her membranes “hour-glassing” through her cervix. The danger associated with “hour-glassing membranes” is bacterial contamination from the normal vaginal flora. Despite antibiotics and steroids, Twin A developed chorioamnionitis, which required her physicians to perform an emergency C-section. Twin A died at birth as a result of the infection. Twin B was septic, but survived after spending approximately 9 months at the hospital.

Our medical experts explained that the impact to our client’s abdomen at the time of her fall was a cause of her accelerated cervical dilation, hour-glassing of her membranes and development of the chorioamnionitis which was responsible for Twin A’s death and Twin B’s premature delivery. Click here for more details.

When you need a tow, make sure the tow operator explains each step of the towing sequence and ensures you are in a place of safety

fstrack — Tue, 15 Dec 2009 16:33:15 +0000

David M. Paris and David A. Herman represented an over-the-road truck driver who was making a delivery to the Cincinnati area when he felt his trailer dragging, as if it wasn’t getting enough air to the rear tandems. He pulled over onto the right berm, approximately 3-1/2 feet from the edge of the highway. He reported the problem to his dispatch and one hour later, a tow truck arrived at the scene.

Experts on towing had been retained on both sides of the case who expressed opinions as to the applicable standard of care and customs and practices within that industry. They all agreed that:

When a tow truck operator arrives at the location of a disabled vehicle, he must take control of the tow and recovery scene.
The tow truck operator must conduct a hazard analysis and determine the safe place to position customers during the hook up, tow and recovery process.
When the customer is out of his vehicle, he should move them to that safe place. Moreover, if work is to be performed on a narrow shoulder (as was the case here), he should have the customer wait in the tow truck.
The customer’s safety is the responsibility of the tow truck operator.
A disabled vehicle should never be hooked up, lifted or towed when the customer is still inside.
Clear and unequivocal communication between the tow truck driver and the customer is critical to ensure that each understands the events that are going to occur and the sequence in which they are to occur.

A factual dispute existed as to the nature of the conversation that took place between the tower and our client at the beginning of the towing and recovery process. Unfortunately, our client was in the cab talking with his dispatcher when, unbeknownst to him, the tower lifted the cab 12″ into the air. As he went to get out of his cab, he lost his balance, fell into the road, was hit by a truck and lost his leg. For more details, go to Cincinnati Jury Returns Verdict For $2 Million