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April 19, 2009

Car Accident Victim Dies At Jackson, MS Hospital

 
A car accident that happened on the Mississippi River Bridge killed one victim at the scene and another one died at the University Medical Center in Jackson, MS. The car crash involved four cars and the at fault driver was charged with vehicular homicide because he was driving while under the influence.

Who can sue whom and why? The families  of both deceased can sue the driver of the at fault vehicle;also, if they can prove where the driver obtained his alcohol, then they may have a case against that establishment. This is what is known as a Dram Shop case. A dram is about the same size as a large beer. Have you ever heard of the phrase: "watch your P's and Q's?" Well, that came from the old days when the waitress used a chalk board to mark down how much that you had to drink; you either had a pint or a quart; of course, after a few beers, the customer would become drunk and then the waitress would change the P's into a Q's; hence the phrase: watch your P's and Q's.

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April 18, 2009

Columbus, MS Man Airlifted To Tupelo Hospital

 
A Columbus, MS man was involved in an accident  when his 1998 Ford pick-up lost control and hit a tree. His personal injuries were so bad that he had to be airlifted to the North Mississippi Medical Center in Tupelo, MS.

The driver had to be cut out of the truck by the emergency responders.pickup truck.jpg 

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April 16, 2009

MSU Students Killed In Accident In Carthage, MS

 

Two Mississippi State University students were killed in a car crash on March 23 on Highway 25 in Carthage, Leake County, Mississippi. Both were taken to University Medical Center in Jackson, MS where they passed away. One was from Columbus and one from Starkville, MS.

Lyndsi Marie Hill of Columbus was a junior majoring in human sciences. Bradley Kyle Gibson of Starkville was a cum laude graduate of MSU and was a graduate student.

These type of cases are difficult for the family because they have lost a loved one. Sometimes they are mothers, fathers, children,brothers,sisters,aunts,uncles and other relatives. Its never easy.

 

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April 15, 2009

Lowndes County, MS Teen Killed In Car Wreck

 

A Lowndes County teen was killed in an accident on March 15th in a one vehicle accident on Highway 69 and five other passengers were injured and taken to a local hospital. It is believed that a seat belt was not used which contributed to the death.

In a wrongful death case, the family may recover damages for lost income that the deceased would have earned during their lifetime had they not been killed, pain and suffering, medical and funeral bills, loss of love, society and companionship and all damages allowed by law for the wrongful death. The family members entitled to recover are the mother,father, brothers and sisters of deceased. Any family member can hire a Mississippi Accident Lawyer to pursue the case on behalf of all family members. If there are no immediate family members, then any relative can open an estate and the estate can proceed with the lawsuit. The wrongful death statute is found at MS Code section  11-7-13 of MS Code of 1972, Annotated.

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April 14, 2009

Columbus, MS Man Killed In Early Morning Accident

 

On March 22, 2009 at about 3:45 a.m. a Columbus, MS man was killed and two passengers were seriously injured when their Toyota left the highway,struck a culvert and then flipped over throwing all three occupants out of the vehicle. The two injured were taken to the Golden Triangle Hospital. The MHP thinks speed was a factor and that no one was wearing a seat belt since everyone was thrown from the car.

WHO CAN SUE WHOM AND WHY? The driver happened to be a 20 year old minor. Each passenger can make a claim against the driver's insurance company and the owner of the car's insurance company if it is different from the driver. Also, if the driver had been drinking, then a claim can be made against the alcohol provider's insurance company for serving or selling alcohol to a minor. If the seat belts were used and broke during the crash, then a claim can be made against the car manufacturer.

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April 13, 2009

Two Vicksburg, MS Teenagers Killed In Auto Crash

 

On 3-21-09 two teenagers from Vicksburg, MS were killed in a car crash on I-20 when their Honda Civic lost control and crossed over the centerline and struck a Toyota; thereafter, an 18 wheeler hit both cars.

WHOM CAN SUE WHOM AND WHY? Obviously, the innocent driver can sue the driver of the vehicle who lost control;also, the passenger in the at fault Honda can sue his driver. If the 18 wheeler had enough time within which to stop, but hit the cars anyway, then a claim may also be made against the 18 wheeler company.

There may be other areas of recovery, so if you know of someone who was involved in an accident and received injuries, call Paul Snow to discuss your rights.

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April 12, 2009

Two Killed In Vicksburg, MS Accident

 
Two people were killed and another injured in a accident on I-20 in Vicksburg, MS which involved three vehicles.The driver of the eastbound vehicle lost control of his car and crossed the median hitting the westbound car and knocking it into an 18 wheeler. Autopsies were performed at the MS Crime Lab in Jackson, MS. Traffic was backed-up into Hinds County.

WHO CAN SUE WHOM AND WHY? The at-fault driver can be sued by the family of the deceased in the other car. Also, the person who was injured in the accident also has a claim against the at-fault driver. If the driver were drinking, then there may be a claim against the bar, grocery store or package liquor store who sold the alcohol to the driver. There may be other avenues of recovery that is why you should talk with a MS Accident Lawyer to discuss all of your options.

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April 11, 2009

Jackson, MS Fifth Grader Killed In Car Accident

 
 A ten year old girl from Jackson, MS was killed in a one vehicle accident in Yazoo County with her mother and brother being seriously injured. The accident happened on Hwy. 49 when the driver over corrected,lost control and hit a tree. The injured were taken to UMC for treatment of their injuries.

WHO CAN SUE WHOM AND WHY?
The family of the ten year girl has a claim against the driver of the vehicle for wrongful death. Since the girl's mother was driving, this is what is known in the legal community as a friendly lawsuit. The mother's insurance company would pay the claim based on the careless driving of the mother. The same rules apply to the boy who was injured. He also has a claim against his mother's insurance company for his injuries. The boy would also participate in the recovery of the wrongful death case since that was his sister who was killed. The father, brother and any other siblings would divide the money equally.

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April 10, 2009

Two Killed And Three Injured In Head-On Collision In Leakesville, MS

 
A small car and a pickup truck hit head-on killing John Hood of Vancleave and Ricks Cooley of Lucedale, MS.Two minors who were riding as passengers in Cooley's vehicle were taken to USB Medical Center in Mobile, AL, and listed in critical condition.

WHO CAN SUE WHOM AND WHY? The driver and passengers of the vehicle that was hit head-on may have a claim against the at-fault driver for negligence. Claims can be made for medical bills,lost income, pain and suffering,permanent injuries,mental distress, and any other damages arising out of the accident. Sometimes there is not enough insurance money to go around, so it is best to call a MS Accident Lawyer as soon as possible so you don't end up with the short end of the stick.

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April 9, 2009

Passenger Killed In Memphis Accident

 
A passenger riding in a gold car was killed when the driver ran a stop sign and rear-ended another vehicle;but the wreck didn't stop there. The at-fault driver then tried to leave the scene of the accident and ran into an 18 wheeler. There were two children in the car. The car had a Mississippi tag but it didn't match the vehicle that he was driving;memphis wreck.jpg

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April 7, 2009

Veterans May Have Been Exposed To HIV From V.A. Hospital

 

More than 10,000 veterans may have been exposed to HIV or hepatitis while undergoing colonoscopies and other procedures from improperly cleaned equipment at the V.A. hospital. An investigation has been started to ascertain if any of the equipment was contaminated, whether any veteran has contracted an infection from the unsterilized equipment, and how to prevent problems in the future.

american flag.jpgA spokesman for the V.A. said: "We have an obligation to provide those who have served and sacrificed for our Nation the care they deserve. We are making sure to take corrective measures to ensure veterans have the information and the care necessary to deal with this unacceptable development."  Care? What about some compensation for giving someone HIV from some infected equipment.

This is covered by the Federal Tort Claims Act. There are certain administrative procedures that have to be followed before a lawsuit can be filed against the United States. A federal judge will decide the case without a jury. There are certain deadlines within which a claim must be filed.

If you know of someone who has been injured or killed as a result of negligence of a  government agency, call a MS Accident Lawyer to discuss your options. Don't delay, because time is short to file your claim.

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March 18, 2009

YAMAHA RHINO ROLLOVER PROGRAM FOR UTV

 
Yamaha Motor Corp. announced that it has agreed to stop selling Rhinos model numbers 450, 660, and 700 until repairs can be made. The Consumer Products Safety Commission has advised all consumers of these UTV's to immediately stop using  them until safety repairs could be made. The Rhino has been alleged to be extremely unstable and lacks features which would help protect the occupants in crashes.
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The CPSC has investigated 50 incidents so far, 46 involved deaths with two-thirds involving rollovers at low speeds on level terrain. There are also hundreds of severe injury cases.

The repairs include installation of a spacer on the rear wheels, removal of the rear anti-sway bar, and installation of half doors and passenger handholds to keep passengers arms and legs inside the vehicle during a rollover.

We welcome the opportunity to discuss your rollover case with us. We are committed to hiring the best experts in the country to help win your case. These cases are vigorously contested by the maker of these vehicles. Call a MS accident lawyer today to discuss your legal rights. Don't wait until it is too late.

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March 17, 2009

UNITED STATES SUPREME COURT ALLOWS PUNITIVE DAMAGE AWARD

 
The United States Supreme Court allowed an $80 million dollar punitive damages award alone to be upheld in essence requiring Phillip Morris to pay the award. The case involved a deceased smoker and was awarded to his widow. The litigation lasted ten years and started in 1999 when a jury in Oregon held that Philip Morris was liable for misleading her husband that cigarettes were not harmful, nor addictive. The $80 million award doubled to $150 million because of all the appeals and delays of Philip Morris.
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Just how foolish are these juries? We've all heard about the woman awarded "millions" just for spilling coffee on herself. But how many people know the actual facts of the case: That McDonald's brewed its coffee about 20 degrees hotter than anyone else,despite the risk of spilling as customers fumbled with their cups while in the drive through lane? That this scalding coffee could cause third degree burns in just a few seconds? That several hundred other customers had suffered burn injuries before this one? How many people know that the 81 year old woman suffered third degree burns requiring skin grafts? How many people know that the attorneys for McDonald's refused a request to settle just for the payment of her medical bills?  Did you know that the judge reduced the award more than 80% from $2.9 million to $480,000? I'm sure you read the front page article regarding the $2.8 million award, but how many of you read the newspaper( if anyone reported it) when the judge cut it back to $480,000? Most people do not know the whole story. So the moral of this story is don't make any opinions on any case UNLESS you know all of the facts. Just like in this tobacco case.

The case was appealed to the Court on two previous occasions where it was returned to the Oregon Supreme Court who left the verdict stand. The decision to leave the award alone by the Supreme Court, indirectly states that in some cases such an award is justified. Of course, if Philip Morris had paid the award back in 1999, then Philip Morris would not owe any additional money,i.e., the extra $70 million that was incurred in interest over the ten year period, but they chose not to.

Punitive damages are awarded to discourage companies from reprehensible conduct. Reprehensibility is the most important factor in judging the reasonableness of a punitive award. The Oregon Court expressed outrage at Philip Morris's conduct. This is the third time that the United States Supreme Court has passed on deciding that the award was too high which should send a message to big business.

As a footnote, under Oregon law, 60% of the money must go to the state. Philip Morris is refusing to pay the money to the state. Go figure. Sounds like someone may have another claim for punitive damages. When will they ever learn? 

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March 16, 2009

Picayune, MS Mother Injured In Accident

 
Gail Morris of Long Beach, MS and her two year old son were taken to a local hospital in Hattiesburg for treatment of injuries when their vehicle was hit head-on by Alaric Aucoin of New Orleans, Louisiana who was driving a Chevrolet Z71 without headlights on. The case is being investigated for possible alcohol involvement of the at fault driver.
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WHO CAN SUE WHOM AND WHY: The mother and son have a claim against the driver of the Z71 for hitting her head-on and causing serious personal injuries to them; If the at fault driver were driving drunk, then the victims may also have a claim against the bar for selling alcohol to an intoxicated customer. The husband of the mother may also have a claim for loss of consortium as a result of injuries to his wife. If you know of someone who was injured or killed where alcohol was involved, you should talk with a MS accident lawyer to discuss your rights.

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March 15, 2009

MISSISSIPIAN KILLED IN ARKANSAS WRECK

 
A forty-six year old Kenneth Shirley from MS was killed in an auto accident when a pick-up truck crossed over the centerline and hit Shirley's vehicle head-on on I-55. Two other passengers in the pickup truck were also killed: Kenneth Jones of Oscelola and Mikosa Butler of West Memphis.
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WHO CAN SUE WHOM AND WHY: The driver of the van, Mr. Shirley, has a claim against the driver of the pick-up truck; the passengers in the pick-up truck also have a claim against their driver; anyone who does not collect enough damages, may have a claim against their own insurance company for underinsured motorist benefits. Sometimes these kind of cases can get complicated, so you should talk with a MS accident lawyer to determine if you have a case and how much money you can expect to recover and why.


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