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Oct 30, 2012 - Personal Injury by Cross & Smith
A 94-year-old Decatur woman died over the weekend after rolling downhill away from a nursing home during an apparent fire drill. As we reported in October on our Alabama Injury Attorneys Blog, the recently passed trust-fund amendment was championed by the nursing home industry as a way to avoid drastic cuts that could lead to short-staffing and neglect in nursing homes and assisted living facilities throughout Alabama. While we await all the facts and circumstances of this particular case, here’s what we know: The elderly woman was hospitalized Wednesday after her wheelchair rolled downhill outside the Country Cottage Living Facility. A relative said she developed pneumonia after the accident, although cause of death has not yet been determined.
Read MoreOct 25, 2012 - Personal Injury by Cross & Smith
According to officials with the AAA Foundation for Traffic Safety, Halloween is the most dangerous day of the entire year for pedestrian accidents in the United States. To no surprise, a majority of these accidents involve children. Our Tuscaloosa pedestrian accident lawyers are asking parents to take the proper safety precautions and to talk with their children about safe traveling habits to help to keep our little ghost and goblins safe during their trick-or-treating adventures. We’re also asking homeowners and drivers to make sure that they keep a lookout for our young ones on All Hallow’s Eve. Burns and trips and falls are all common causes of accidents on Halloween. Luckily for homeowners, a little preparation and thought can go a long way toward protecting our children from harm. Medical professionals with the Tuscaloosa Surgical Center offer homeowners, parents and pedestrians some important safety tips. Keeping Kids Safe: -Make sure that each child has a flashlight or is wearing bright or reflective clothing. You want to make sure that they’re easily seen by motorists.
Read MoreOct 20, 2012 - Medical Malpractice by Cross & Smith
In a recent Alabama Supreme Court decision, Boudreaux v. Pettaway, the state’s high court upheld a $ 4 million medical malpractice/wrongful death claim. In 2006, a 32-year-old mother, who had previously undergone gastric bypass surgery, arrived at Springhill Memorial Hospital in Mobile complaining of vomiting and abdominal pain. She died during an exploratory laporotomy. The estate of Paulett Pettaway Hall sued Dr. Randall Boudreaux and other defendants, including Coastal Anesthesia for wrongful death and medical malpractice.
Read MoreSep 26, 2012 - Birmingham by Cross & Smith
A new warning has been issued about the risks of child injury involving backyard trampolines. On Monday, the American Academy of Pediatrics reported nearly 100,000 children a year are injured on these trampolines. “Pediatricians need to actively discourage recreational trampoline use,” said Michele LaBotz, MD, FAAP, co-author of the report. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.” Birmingham personal injury attorneys understand children are most at risk for injury by dangerous or defective products. Each year, the Consumer Products Safety Commission recalls more than 100 defective products marketed to children — including clothing, toys, cribs, strollers and highchairs.
Read MoreSep 25, 2012 - Personal Injury by Cross & Smith
A rash of small plane accidents in Alabama has authorities concerned as we enter the autumn flying season. General aviation enthusiasts like to say flying is as safe as driving. While that might be true for flying commercial, it’s patently false when it comes to general aviation. Small plane flight is comparable in risk to riding a motorcycle. That is to say, quite dangerous. In fact, the Airplane Pilot and Owner’s Association (AOPA) reports more than 1,200 general aviation accidents occur annually. In 2009, the FAA reports 475 of the nation’s 535 aviation fatalities occurred in the private aviation sector. Sixty-eight fatal Alabama plane crashes were reported from 2007-2009. A small plane crash killed two people Monday in Cullman County. The accident happened off Cullman County Road 174 near Smith Lake when a Mooney aircraft out of Destin, Florida crashed after the pilot radioed a report of difficult weather conditions and issued a Mayday call. An accident on Saturday involving a seaplane claimed the life of a man on Weiss Lake in Cherokee County. Two others were also killed on Saturday when their World War II era plane crashed in Madison County at the Moontown Grass Field Fly-in.
Read MoreSep 5, 2012 - Personal Injury by Cross & Smith
Many of us drive for work. In fact, transportation accidents are the leading cause of fatal job accidents in this country, according to the Bureau of Labor Statistics. Transportation accidents were responsible for 1,795 of the nation’s 4,551 workplace deaths in 2010, accounting for one-third of all deaths on the job. In such cases, an injury lawyer in Tuscaloosa should have significant experience in handling work place injury cases, as well as personal injury claims and car accidents. And, if you drive for work, you should know how important it is to carefully review your insurance policies and to understand the coverage available in the event of an accident. In Nationwide Mutual Ins. Co. v. Thomas, The United States District Court for the Northern District of Alabama, Eastern Division certified two questions of first impression to the Alabama Supreme Court: 1) Whether Nationwide could enforce a coverage exclusion clause in a car insurance policy for transporting people or delivering newspapers as part of the insured’s job. 2) Whether the exclusion applied after the last paper was delivered but while employee was still driving as part of the job.
Read MoreJul 17, 2012 - Personal Injury by Cross & Smith
As we reach the height of summer, our Tuscaloosa personal injury attorneys would like to take time to talk to you about the importance of water safety and avoiding swimming pool accidents in Alabama. The Centers for Disease Control reports about 10 people a day die as a result of drowning accidents. About 3,500 drown while swimming, and another 350 die from drowning as a result of boating accidents. In addition, thousands are seriously injured by near-drowning. And the data shows many will need significant hospital care for serious injuries, including brain injuries. Brain injuries caused by lack of oxygen can result in long-term disabilities, including memory and learning problems. Half of near -drowning victims treated in hospital emergency rooms require extended care, including those whose injuries result in permanent vegetative state.
Read MoreJul 5, 2012 - Personal Injury by Cross & Smith
Identifying all of the at-fault parties, and their associated insurance carriers, are among the most critical tasks of a Tuscaloosa personal injury lawyer. Progressive Northern Insurance Co. v. Mohr, a case decided by the Delaware Supreme Court, involved a pedestrian accident victim. The victim recovered $15,000 from the insurance carrier of the vehicle involved in the accident. But he also sought to recover from Progressive Northern Insurance Company, which had a policy in place on a vehicle owned by the victim’s mother. The policy excluded coverage of Mohr as result of a pedestrian accident. The question before the court was whether such an exclusion was permissible or whether an insurance company had to include pedestrian accidents in its personal injury protection (PIP) coverage. In this case, the Supreme Court decided Mohr could collect from the PIP policy in place on his mother’s vehicle. And that the exclusion conflicted with Delaware’s automobile insurance laws. Thus, in addition to the $15,000 collected from the at-fault driver’s insurance policy, the court ordered Progressive, which insured the victim’s mother, to pay an additional $85,000! The court ordered the $15,000 be subtracted from the $100,000 policy limit in place.
Read MoreMay 23, 2012 - Car Accidents by Cross & Smith
The Memorial Day holiday weekend is expected to be deadly. Safe driving advocates with the National Safety Council (NSC) are predicting that more than 400 people are going to die in car accidents in Tuscaloosa and elsewhere over the three-day holiday weekend. Experts are also predicting another 42,000 auto accident-related injuries during the weekend. The Memorial Day holiday weekend is defined as the time from 6:00 p.m. on Friday the 25th through 11:59 p.m. on Monday the 28th. During this time, motorists are asked to be extremely cautious on our roadways as the significant increase in motor vehicle traffic is expected to result in an increase in the number of serious and fatal accidents. Typically, the Memorial Day holiday weekend sees a 12 percent increase in the number of fatal car accidents compared to similar non-holiday weekends. During this time of the year, millions of Americans are expected to hit the road to kickoff the summer travel season. Our Tuscaloosa accident attorneys understand that long weekends offer residents and visitors with just enough time to hit the road and to get out of town. Unfortunately, everyone else has the same idea, too. For that reason, ocal and state law enforcement agencies will be out in force.
Read MoreApr 18, 2012 - Dangerous Products/Liability by Cross & Smith
You can sustain an injury doing almost anything. But when you suffer an injury because of someone else, how do you prove that they are at fault? One of the key components to proving certain types of Tuscaloosa personal injury cases is providing expert witness testimony. The law governing expert witness testimony is complex. Federal Rule of Evidence (FRE) 702 governs the admissibility of expert witness testimony in federal court i.e. necessary qualifications of an expert witness, requirement that expert’s testimony be based on reliable principles and methods. In Newell Rubbermaid v. Raymond Corp. a federal appeals court addressed, among other things, the admissibility of expert witness testimony. This case arose where Hashman (Victim) was working in a factory for Newell Rubbermaid, Inc. (Newell or Employer). The victim was required to use a Dockstocker forklift which was manufactured by Raymond (Manufacturer). As part of the design of this forklift, the rear of the machine had no guard door to protect the operator.
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