Recently in Personal Injury Category

November 7, 2013

CROSS EXAMINATION OF ECONOMIST DR. GERALD LEE

 

Sometimes expert witnesses make the most unlikely statements: here is a quote from dr. gerald lee at a hearing in one of my cases: "people who have more money will be somewhat happier than people who have less money." i love it. everytime the defense attorney designates dr lee, i pull out this old transcript and have lots of fun with it. so i guess dr lee, that poor people cant be happy?

Email my secretary if you want a copy of the entire transcript. legalasst2paulsnow@gmail.com

June 13, 2013

CHEMICAL EXPLOSION IN GEISMAR, LOUISIANA

 

An explosion happened at chemical plant in Geismar, LA. this morning at the Williams Olefins facility. At least 30 people were taken to the local hospital. Some are believed to be dead from the explosion. It looked like a fireball in the air according to some witnesses. Several roads were closed off as a precautionary measure. The plant produces about 1.3 billion pounds of ethylene and 90 million pounds of polymer grade propylene.s-LOUISIANA-CHEMICAL-PLANT-EXPLOSION-large.jpg

Im sure the Chemical Safety Board will investigate this accident to determine its cause.
These chemicals are highly explosive and any ignition source from any where near can cause an explosion like this one.

If you know of someone who was injured or killed in this needless accident, call PAUL SNOW now to ask any questions that you may have, 601-969-1977 or contact us online by clicking here.

There may be more than one company who may be responsible for causing and/or contributing to this accident.

We have been handling cases like this one for over 38 years and have experience in obtaining multi-million dollar settlements.

Call now to protect your legal rights. There is no fee unless we recover for you. The consultation is FREE and confidential.

April 16, 2013

18 WHEELER BRAKES CATCH ON FIRE CAUSING TWO ACCIDENTS

 

An 18 wheeler stopped on I-59 because his brakes caught on fire which caused two other 18 wheelers to collide near Purvis and Lumberton MS. The accident happened near midnight which requires that the disabled 18 wheeler place flares and reflectors near his vehicle to warn others who are lawfully using the interstate. Brakes do not usually catch on fire all of a sudden. There are usually warning signs that there is a problem way before the bearing gets so hot to actually catch on fire.

The injured other truck drivers have a claim against the first 18 wheeler company for being illegally stopped in the interstate without the required warnings.

I handled a case exactly like this many moons ago. The truck driver pulled onto the shoulder of the road and then tried to put out the fire by throwing dirt on his tire and bearings. My client who was also driving an 18 wheeler rear-ended the disabled 18 wheeler which was partially in the highway. The jury voted for our client and awarded substantial damages even though we were the one who did the rear-ending.

If you know of someone who was injured or killed as a result of someone who was negligent by leaving any part of their vehicle on the highway, give me a call to discuss your claim FREE of charge. We do not charge any attorney fees unless we recover money for you. Call now at 601-969-1977 or contact online by clicking here.

March 21, 2013

HOW TO COLLECT PUNITIVE DAMAGES IN AN 18 WHEELER CASE

 

If a set of facts are enough to justify a jury in a criminal case (with proof required "beyond a reasonable doubt") to convict someone for culpable manslaughter, then those same set of facts are enough to justify a jury in a civil case (with a lesser burden of proof) to consider the issue of gross negligence. Gross negligence requires less proof than culpable negligence and reckless driving. Turner. 735 So.2d 226 (Miss. 1999).
Section 97-3-47 of Miss. Code of 1972 states as follows:

"Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter."
Culpable negligence means negligence of a higher degree than gross negligence in a civil case. If a defendant is guilty of culpable negligence in a criminal case, then that defendant will also be guilty of gross negligence in the civil courts. Culpable negligence is "the conscious or reckless disregard of the probabilities of fatal consequences to others as a result of the willful creation of an unreasonable risk." Evans v. State, 562 So.2d 91 (Miss. 1990). Culpable negligence is also defined as "negligence of a degree that is so gross as to be tantamount to a wanton disregard, or utter indifference to, the safety of human life." Clayton v. State. 652 So.2d 720 (Miss. 1995).
Moore v. State. 117 So.2d469 (Miss. 1960) (defendant's conviction for culpable negligence was affirmed for going 55 miles per hour in a 30 miles per hour zone). In Moore, the victim was crossing the street. The court held that the defendant could have seen the deceased and should have seen the deceased in time to apply his brakes; that he skidded 140 feet, hit a telephone pole and lost control of his vehicle; that the physical facts and the greater weight of the evidence contradicted the defendant's testimony. The Supreme Court defined "culpable negligence" as follows: "Negligence of a higher degree than that which in civil cases is held to be gross negligence." In other words, in order to sustain the jury deciding the issue of punitive damages as a result of gross negligence in a civil case, all one needs to do is prove more than simple negligence but less than culpable negligence.
Shows v. State, 168 So. 862 (Miss. 1936) (defendant convicted of culpable negligence for sideswiping another truck who was going over the speed limit and crossed over the center line -reversed because of improper jury instruction). The defendant was driving a big truck and after the impact he concluded that no damage had been done and proceeded on to his destination in Hattiesburg where he was arrested.
Goldman v. State, 406 So.2d 816 (Miss. 1981) (conviction for culpable negligence affirmed for defendant who was going 60 miles per hour, crossed over the double yellow line in a no passing zone, and hit somebody head-on coming from the opposite direction).
Section 63-3-1201 of Miss. Code of 1972 states as follows:

"Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety or persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving."

In the case of Turner v. City of Ruleville. 735 So.2d 226 (Miss. 1999), the
Mississippi Supreme Court reversed the dismissal of a complaint against the city for the actions of its police officer in allowing a drunk driver to continue driving after being stopped after the officer noticed that the defendant was driving in an erratic fashion and failed to have his headlights on. In reversing the case and allowing the jury to decide whether or not the city was liable for punitive damages, the Supreme Court held as follows citing Barnes v. State. 162 So.2d 865, 866 (Miss.
1964):The court held that for the purpose of the reckless driving statute, 'reckless means 'the commission of conscious acts or omissions which a driver knows or should know create an unreasonable risk of injury or damage...'." The Court also stated: "For conduct to be 'reckless' it must be such as to evince disregard of, or indifference to, consequences, or the circumstances involving danger to life or safety to others, although no harm was intended'." The Court defined "reckless disregard of rights of others" as follows: "...as used in automobile law, means the voluntary doing by motorists of an improper or wrongful act, or with knowledge of existing conditions, a voluntary refraining from doing a proper or prudent act when such act or failure to act evinces an entire abandonment of any care, and heedless indifference to results which may follow and the reckless taking of a chance of an accident happening without intent that any occur." Id. at 229.
The Mississippi Supreme Court held as follows, citing Dame v. Estes, 101 So.2d 644,645 (Miss. 1958), which defined gross negligence as: "Gross negligence is that course of conduct which disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them."
The defendants argued that intent was required in order to make the city liable. The Court held: "While we agree that reckless disregard would encompass gross negligence, we hold that reckless disregard is a higher standard than gross negligence." Id. at 229-30. In refusing to require that the plaintiff prove that the defendant intended to do harm, the Supreme Court quoted Evans v. Trader. 614 So.2d 955, 958 (Miss. 1993), which held that in order to defeat an immunity defense under the common law, the plaintiff would not have to show that the officer entertained a specific intent. It would suffice to show that the officer acted with wanton and reckless disregard for the plaintiffs safety.
The Mississippi Supreme Court has held that "punitive damages are ordinarily recoverable where the negligence is so gross as to indicate reckless or wanton disregard for the safety of others." City of Jackson v. Perry,764 So 2d 373 (MS 2000) (57 mph in 35 mph zone knocking vehicle 75 feet; punitive damages affirmed), Also see Maye v. Pearl River County. 758 So.2d 391, 395 (MS 1999) (backing sheriffs car out of parking space up an incline; punitive damages affirmed).

Punitive damages may be recovered, not only for willful and intentional wrong, but for such gross and reckless negligence as is equivalent to such wrong, since an act done in the spirit of wantonness and recklessness is often times just as harmful as if prompted by malice. Bush v. Watkins. 80 So.2d 19 (Miss. 1955). The definition of gross negligence is found in Teche Lines. Inc. v. Pope, 166 So. 539 (Miss. 1936), which held that there is no precise definition of gross negligence, but it might be defined as that course of conduct which, under the particular circumstances, disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them. Also see Reid v. Halpin, 178 So. 88 (Miss. 1938); Planters Wholesale Grocery v. Kincaid. 50 So.2d 578 (Miss. 195n: Belk v. Rosemond. 57 So.2d461 (Miss. 1952); and Dame v. Estes, 101 So.2d644 (Miss. 1958).
Under the doctrine of respondeat superior, the master is liable for the acts of his servants which are done in the course of their employment and in the furtherance of the master's business; punitive damages may be awarded against a master for the negligent acts of his servant. Sandifer Oil Co. v. Dew, 71 So.2d 752 (Miss. 1954). Employer held liable for willful and wanton acts resulting in injury to boy whom driver of truck had invited to ride thereon. Trico Coffee Co. v. Clemens. 151 So. 175 (Miss. 1933).
The most important case on the issue is U.S. Industries. Inc. v. McClure Furniture Co.. 371 So.2d 391 (Miss. 1979). In U.S. Industries, the Mississippi Supreme Court held as follows: "We have to keep in mind that the basic theory is whether or not there was sufficient evidence for the jury to award punitive damages even though the evidence might be conflicting. It is not the court's prerogative to make the award. It is only for the court to decide whether or not the party requesting a punitive damage instruction has presented sufficient evidence for the jury's consideration. Yazoo & Mississippi Valley R.R. Co. v. Hardie. 55 So.42 (Miss. 1911); Snowden v. Osborne. 269 So.2d 858 (Miss. 1972)." Id. at 393.
In affirming the award of punitive damages, the Mississippi Supreme Court held as follows:"The evidence was uncontradicted that Mississippi Highway 550 is a well-traveled road, that the tractor-trailer completely blocked both lanes of traffic and that this occurred prior to sunrise which was at 6:50 on the morning of the accident, and that visibility was at best limited. Prudence would have required Jones to have moved his rig on to the shoulder of the road either to await full daylight or to place the necessary flares, or to have continued in his own lane until he found an appropriate intersection for completing the maneuver. Instead, Jones risked the possibility of collision against the possibility of completing the dangerous turn within the few moments when the road appeared to be clear of traffic. He exercised bad judgment under the circumstances." (emphasis added)Id. at 393-94.
The U.S. Industries court also cited the Fifth Circuit Mississippi case of Anderson v. Eagle Motor Lines, Inc., 423 F.2d 81 (5th Cir. 1970) for allowing the punitive damage instruction to go to the jury. The Fifth Circuit affirmed the award of punitive damages and held that the blocking of the highway was gross negligence entitling the plaintiff to a punitive damage instruction.
Also see Commodore Corp. v. Bailey. 393 So.2d 467 (Miss. 1981), whereby the Mississippi Supreme Court in affirming the punitive damage instruction held as follows:
"If the evidence presented by the party requesting a punitive damage instruction is such that the jury could find that the wrongful acts complained of resulted from such gross disregard of the rights of the complaining party as amounts to wilfulness on the part of the wrongdoer, or that the opposite party was guilty of such negligence as to amount to a reckless disregard of the complaining party's rights, then the court is fully authorized to submit the issue of punitive damages for the jury's deliberation. Fowler Butane Gas Co. v. Varner, 141 So.2d 226 (Miss. 1962)."Id. at 471.

See Paracelsus Healthcare Corp. v. Willard, 754 So.2d 437 (Miss. 1999), whereby the Supreme Court previously remanded two cases for consideration of punitive damages and then affirmed the jury awards of 1.5 million dollars to each plaintiff for punitive damages and held that the evidence supported the finding that the jury could find the actions to be in gross disregard for the rights of the plaintiffs.
Punitive damages are defined as damages given in enhancement of ordinary damages on account of the wanton, reckless, malicious, or oppressive character of the acts complained of. Interstate Oil Pipeline Co. v. Valentine. 110 So.2d 369 (Miss. 1959).
In Sandifer Oil Co. v. Dew. 71 So.2d 752,758 (Miss. 1954), the Mississippi Supreme Court affirmed the lower court decision allowing the jury to consider punitive damages for a truck driver who left his truck pumping gasoline into a storage tank and went across the street to a restaurant and drank a cup of coffee. When someone alerted the truck driver that the gas was overflowing, the truck driver turned off the switch and stopped the motor and the pump. A few minutes later there was an explosion. In affirming the punitive damages award, the Supreme Court held that: "It was difficult to conceive of a case of more reckless and wanton disregard of the consequences of his act. His negligence was gross, it was reckless, and it was wanton to such extent as to be tantamount to wilfulness...those who handle such dangerous agencies should be made to know the standard of care which is required of them. It is regrettable that such a tragic occurrence is necessary to again bring such knowledge to those engaged in such business." Id. at 758-759. "It is interesting to note and we concur in opinion that the ($90,000) ninety thousand dollar verdict in 1954 was the highest verdict in the country for the death of a child at that time."
Dame v. Estes. 101 So.2d 644 (Miss. 1958) (question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury when the defendant failed to stop at a stop sign.) In Dame, the Supreme Court reversed the lower court's decision in refusing to allow the jury to consider punitive damages and held that the facts justified a punitive damages instruction and reversed for a new trial on damages only. The facts of the case were that the witnesses estimated the speed of the defendant to be 50 miles per hour. The defendant said she was going 30-35 miles per hour. The speed limit was 30 miles per hour. The Mississippi Supreme Court held that the defendant either ignored or failed to see the stop sign which was staring her in the face and made no effort to stop at the intersection or to even check the speed of the vehicle she was behind. It was in broad open daylight, there was nothing to obstruct her vision and she wholly failed to see the plaintiff s pickup truck until it was directly in front of her. We think under this case that the question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury. The Court cited Hadad v. Lockeby. 169 So. 691 (Miss. 1936) for the definition of punitive damages as follows: "Punitive damages may be recovered not only for a willful and intentional wrong, but for such gross and reckless neglect as is equivalent to such a wrong, since an act done in the spirit of wantonness and recklessness is oftentimes just as harmful as if prompted by malice." The Court also cited Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936), for the definition of gross negligence: "Gross negligence is that course of conduct which, under the particular circumstances, discloses a reckless indifference to consequences without the exertion of any substantial effort to avoid them." The Court then cited Wilson v. State. 161 So. 744 (Miss. 1930), wherein the Supreme Court affirmed a manslaughter conviction, for culpable negligence, upon facts in which the negligence is no more culpable than in the case now before us. Id at 645.
Also see, Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936) (bus driver who failed to attempt to stop his bus until 10 feet from railroad crossing, held grossly negligent).The facts in this case are that the bus driver was driving his bus which was 30 feet long, weighed 10 tons, and had a 39 passenger seating capacity; the bus driver was traveling 25 miles per hour and approached the railroad crossing. The bus driver failed to stop until he was about 10 feet from the crossing, resulting in a disastrous collision and serious and permanent injuries to plaintiff who was a passenger on the bus.
Hadad v. Lockeby, 169 So. 691 (Miss. 1936) (award of punitive damages is affirmed for defendant driving 35-40 miles per hour in a 20 miles per hour speed zone without sounding his horn or giving any warning of his approach; he saw some pedestrians and struck them anyway). The defendant had three eyewitnesses who testified that the defendant sounded his horn and slowed his speed. The Mississippi Supreme Court held that the defendant was driving his car at an excessive rate of speed, that he saw the plaintiff crossing the road and failed to slow his speed or sound his horn or give any warning until the accident. These facts if true constitute gross negligence on the part of the defendant. It is interesting to note the words of wisdom offered by the Hadad Supreme Court: "These machines upon the highways are extremely dangerous to others using the highways. The lives and limbs of persons should be safeguarded, and something should be done to reduce accidents to a minimum." Id. at 694.
Southland Broadcasting Co. v. Tracy, 50 So.2d 572 (Miss. 1951) (jury authorized in finding that driver's negligence was so wanton and reckless as to justify the infliction of punitive damages for speeding, failing to negotiate a turn, leaving the highway, and traveling approximately 720 feet after leaving the highway.)
Collins v. Black. 380 So.2d 241 (Miss. 1980) (Supreme Court reinstated jury verdict for punitive damages against defendant who was driving at an unreasonable rate of speed, on the wrong side of the road, and failed to stop after the collision.) The conduct of a driver of a vehicle in failing to stop after the accident when taken in connection with all the circumstances may authorize a finding of a lack of care, conscious indifference to the consequences, and aggravating circumstances authorizing the recovery of punitive damages.
So if you have a question about your 18 wheeler or other accident case which may justify punitive damages, give me a call or email me. 601-969-1977 paulsnowiii@msn.com paul snow.jpg


March 5, 2013

JURY INSTRUCTIONS FOR THE PLAINTIFF'S LAWYER

 

I have just updated my home page to include jury instructions for all aspects of a plaintiff's trial practice. If you have any interest in using any of these instructions, fell free to download and/or copy. They are located under "referring attorney resources". If it doesn't open,you may need to try a different browser.

Call me if you have any questions about your particular case.paul snow.jpg

May 31, 2012

Six Vehicle Wreck In Booneville, Mississippi

 

An accident claimed the lives of two people when a Dodge Intrepid driven by William McKinney failed to yield the right of way to oncoming traffic on Hwy. 30 bypass. McKinney pulled out from County Road 5031 and caused a collision with a GMC Sierra driven by Justin Moore of Booneville, MS. After impact, both vehicles went across the centerline into the wrong lane of traffic and then four motorcycles collided with the two other vehicles. Mr McKinney and Mr. Harmon Laster died as a result of the crash from blunt force trauma. Wanda Laster and Bobby Rooker were airlifted to North Mississippi Medical Center in Tupelo in critical condition.Robert Parker and Teresa Parker both of Memphis, TN were taken to Tupelo by ambulance in severe condition. Justin Moore was taken to Baptist Memorial Hospital in Booneville.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Anyone hurt or killed in this accident may make a claim against Mr. McKinney's insurance company as it appears that he was the one that caused the wreck with all vehicles. IF there is limited insurance coverage, then each person could make a claim against their own insurance company for underinsured motorist coverage and med pay coverage. For example, if one of the motorcycle drivers who was hurt in the wreck did not collect any money from Mr. McKinney's insurance company because it was paid out to others in the accident ( first come, first served), then that person could make a claim against their own insurance company even though they didn't have any insurance on their motorcycle;but, they would have to have some type of auto insurance in order to make a claim.

Sometimes, these multiple accidents get complicated. That is why if you have any questions about your case, you should talk with Paul Snow, an experienced trial attorney, as soon as possible. We represent clients all over Mississippi including: Booneville, Tupelo, Jackson, Gulfport, Biloxi Hattiesburg, Greenville, Greenwood, Meridian, Southaven, Vicksburg, and Pascagoula. This is especially true if the adjuster tells you that you can not make a claim or they are not going to pay you for you claim. Call now for your FREE confidential consultation at 601-969-1977 or contact us online.

May 29, 2012

Good Samaritan Killed In Accident In Jackson, Mississippi

 

30 year old twins stopped their jogging routine in order to help someone move their Dodge Avenger out of Highway 80 in Jackson, MS, when they were struck from behind by an employee of Shelter insurance company driving a Ford Escape SUV. The accident killed Kyeuna Vance and severely injured Shyeuna Vance who remains in critical condition at University Medical Center. Shyeuna's right leg had to be amputated and she sustained other severe injuries;she served in the military. Kyeuna Vance was a registered nurse and worked at Mississippi HomeCare of Jackson.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
The family of Ms. Vance who was killed in this accident can make a claim against the insurance company as a result of their driver's negligence. According to an eye witness, the driver was not paying attention for whatever reason. Also, the other twin sister who survived,but was severely injured can make the same claim; also, the driver of the stalled vehicle can make the same claim. If gross negligence were involved, then a claim for punitive damages may be made. Since this was a company vehicle involved in this accident, there probably is an excess insurance policy which would cover damages over and above the primary insurance policy.

The damages for wrongful death consist of: loss of society and companionship for the family who has lost a loved one, loss of the income that the deceased could have earned had they not been killed in the accident, medical and funeral expenses, and pain and suffering. The damages for the injury cases are: past and future pain and suffering;past and future medical bills, past and future lost income, reduced earning capacity, and permanent injuries.


My law firm handled a case similar to this one in the past when two teenage boys were helping push a car to a nearby gas station around midnight when they were crushed in between the vehicles. We settled the cases for about $3,000,000 to $3,500,000. Each case is different and past settlements can not guarantee future results.

A Mississippi Accident/Injury lawyer should be consulted to discuss your legal rights when an accident of this magnitude happens. Any lawyer, regardless of skill or experience, can advertise for injury and death cases. Your lawyer's actual courtroom and trial experience are extremely important. You are invited to compare our experience, background and results. Click here to view our information.

Don't hire an accident lawyer until you know the "8 Costly Mistakes To Avoid When Selecting An Accident Lawyer".

You need someone to investigate your case for you right now for your side. Witnesses move away or cannot be found or the evidence is destroyed. A lot of cases are lost because the client waited too long to talk with an attorney.

CALL NOW. We will speak with you over the telephone. Insurance companies hope you won't call us. We hope you will. Call now for your FREE private consultation to discuss your legal rights, Paul Snow, 601-969-1977 or contact us online.paul snow.jpg

May 23, 2012

$1,500,000 Judgment Awarded In Drunk Driving Case In Columbia, Marion County, MS

 

A verdict of $1,500,000 was awarded against a drunk driver, Richard N. Kennedy, who drove on the wrong side of the road and hit the Plaintiff's vehicle head on causing the death of a 2 year old boy, Caynen Woodward, and injuring his sister,Haley Woodward, and father, Brandon Woodward.

The accident happened on New Year's Eve night about midnight on 2009, on Highway 98 near Foxworth, MS. The defendant plead guilty to negligent manslaughter in causing the death of Caynen while driving drunk.

My law firm with mike ratcliff and bill jones are handling this case. The drunk driver's insurance company failed to pay their policy limits after being requested to pay the same within a reasonable time by our law firm. When the case didn't settle, suit was filed and now the insurance company has a large excess exposure. If adjusters would just do what is right and act fairly, then their insurance company wouldn't be in the position that they are in at the present time.

A lawsuit will be filed against the insurance company to collect the excess judgment,plus attorney fees and court costs and interest.

I will keep you informed as to future developments. Stay tuned!

Paul Snow

May 10, 2012

Mississippi State Student Killed In Accident Near Starkville, MS

 

A MSU student was killed in a one vehicle accident on May 9th, 2012, at the intersection of Oktoc and Skinner Roads. The Oktibbeha county sheriff's office investigated the accident and found a 1999 Ford Explorer overturned in the woods.Six passengers were injured in the accident, three are in critical condition and were transferred to CCU in Jackson and Tupelo. Treasure K Huffman, a sophomore from Starkville, was killed in the accident. According to the investigation, it appears that alcohol was involved but Ms. Huffman was not under the influence of alcohol.75579_drunk_driving.jpg

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?

Of course, the family of Ms. Huffman can make a claim against the driver of the vehicle and the business who sold the alcohol to any minors;also, anyone who was injured can make the same claim. If a business sells alcohol to a minor and then a wreck happens, then that business may be sued for contributing to the car accident.

There may be limited insurance available, therefore it is important for anyone who wants to make a claim, to contact a Mississippi Accident Attorney as soon as possible. Sometimes the insurance companies pay out on a first come, first served basis. Once the limits are exhausted, then there is no more money to pay out.

Claims can also be made for underinsured and medical pay benefits.

If you would like to discuss your case FREE of charge, call Paul Snow at 601-969-1977 or contact us online. We do not charge a fee unless we recover money for you. Don't wait until it is too late, call now.paul snow.jpg

April 23, 2012

Coahoma County Circuit Judge Charles Webster Rules That Mississippi Tort Reform Limits On Jury Verdicts Are Unconstitutional

 

Circuit Judge Charles Webster has ruled that the limits on jury verdicts are unconstitutional because the legislature has no authority to interfere with the judicial branch of the government as found in our MS Constitution. american flag.jpg

A copy of the opinion can be viewed by clicking on the link here.

God bless Judge Webster and God bless our great state of Mississippi and its fine citizens!paul snow.jpg

March 27, 2012

Tractor-Trailer Truck Crosses Center- Line And Causes Head-On Accident In Union County, MS

 

An 18 wheeler tractor-trailer truck crossed over the center line and hit a pickup truck head-on injuring both the driver, Charles Beard of Myrtle, MS and his passenger who was airlifted to a hospital in Memphis, TN. The accident happened on hwy. 15 in Union County, MS.

The MHP said the truck driver was going too fast and couldn't stop in time,so he chose to go into the other lane causing the wreck.

The two people who were injured in the accident can make a claim against the 18 wheelers insurance company for the injuries that they received in the accident which include: past and future pain and suffering, past and future medical bills, past and future lost income, permanent injuries, and possibly punitive damages. A Mississippi accident/injury attorney should be consulted.paul snow.jpg

Our law office represents clients all over Mississippi including Union County, Hinds, Madison, Rankin, Warren, Marion, and the cities of Jackson, Gulfport, Biloxi, Hattiesburg, Tupelo, Ingomar,Myrtle and Southaven, MS. We handle injury and accident cases on a contingent fee basis which means that you only pay for our services if we collect money for you. Please call Paul Snow now to discuss your case FREE of charge at 601-969-1977 or contact us online.

January 16, 2012

Cruise Ship Crashes Off of Tuscany Coast Near Italy

 

The cruise ship Costa Concordia with passengers and crew of over 4,000 crashed into a rocky reef because the vessel was 2.5 miles off course on friday the 13th, 2012. The island coast of Giglio is known for its rocky sea floor. Six people were killed, twenty were seriously injured and numerous others were unaccounted for. Because the size of the gash of over 160', the ship must have been moving pretty fast in the water at the time of the disaster.120114092333_Costa_Concordia.jpg
Carnival Corp., a U.S.-based cruise giant,is the parent company who owns the company that caused the accident, Costa Cruises. This is not the first time that this company was involved in a deadly maritime accident. In 2010, the Costa Europa crashed into a pier in Egypt killing three crew members.
Some important questions need to be answered: why was the ship so close to the shore? why was the ship 2.5 miles off course? was the captain eating in the dining room or was he on the bridge? if he was on the bridge, what was he thinking? how fast was the ship moving? why didnt the captain, Francesco Schettino, call in a "mayday" at the time of the incident? why did the crew members tell passengers that everything was fine and there was no danger until the ship started turning over on its side? did the delay make use of some of the lifeboats impossible? why wasn't the evacuation organized? why were the instructions from the crew contradictory?

There were about 1,000 Italians,500 Germans, 100 French, 126 Americans and other passengers on board at the time plus 1,000 crew members. Some of the passengers told of their account. Mike van Dijk said that he had to scream at the controllers in order to release the lifeboats. Valerie Ananias from Los Angeles told of a couple handing them their baby during all of the frantic confusion. She said that she thought they were going to die at four different times.

WHO CAN MAKE A CLAIM FOR WHAT AND WHY?
Anyone on the ship can make a claim under maritime law for any damages that they received as a result of the accident,either as a passenger or a crew member. The owner of the ship in addition to the owner of the cruise line will be responsible for those damages. Damages may include wrongful death for the families who lost loved ones;or for personal injuries for those who survived the disaster. These damages may include pain and suffering, medical bills , emotional distress, loss of income, loss of the cost of the cruise, any permanent injuries. Because Carnival Corp. is a U.S. corporation, suit may be filed in the United States, if required.

Don't be fooled into hiring an attorney who claims to be an expert in personal injury and death cases. Research their track record and compare it to ours. We have been handling these type of cases for over 36 years and this is all we do. The law offices of Paul Snow has handled numerous maritime cases and has a license from the U.S.Coast Guard. We know these type of cases backwards and forwards. You can call us at 601-969-1977 or contact us online to ask any questions that you may have FREE of charge. WE do not charge any attorney fee unless and until we recover for you. If you were involved in this disaster or know someone who was and want to discuss the case, call now before it is too late. The insurance company for the cruise line hopes you don't call us, we hope you do. We are here to help you and protect your rights.

January 9, 2012

Motorhome Blowout Causes Accident In Forrest County, Mississippi

 

Two people have died and numerous people injured when the RV they were riding in had a front tire blow-out causing the RV to go out of control run off of I-59 and hit a tree; two people were ejected from the RV. Mr. Alfred Holt Jr. of Ga. was driving the RV at the time of the accident and was killed in the accident along with Darryl Parker. Ten other passengers were injured in the crash and taken to Forrest general hospital in Hattiesburg,MS. Solomon Brannan owns the motorhome.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Lets look at the tire first. The tire blew out for a reason: was it defectively made? was it put on improperly by a local mechanic? was it worn down so much that it should have been replaced before the trip started? These are questions that need to be answered. IF the tire were defectively made, then a claim could be made by everyone in the vehicle against the maker of the tire for a defective product. This is called product liability.

IF the tire was not defective, then we need to look at who serviced the tire last. If the local mechanic's shop failed to put the nuts back on the tire properly or put too much air or not enough air in the tire, then they may be liable for the accident.

IF the tire was not defective,nor any improper handling by the tire shop, then we need to look to see if the tire was worn down so much that it should not have been used on the trip. The owner should have known whether the tire was in good or bad shape. If in bad shape, the owner should have either told the driver to replace the tire or had the tire replaced before the trip was made. If the owner told the driver about the bad tire and the driver decided not to have the tire replaced, then the driver may bear some responsibility. Also, the driver should have been properly instructed in how to properly operate the RV by the owner before leaving on the trip. These on complicated machines that need experience and know-how to operate safely.

So, a claim may be made against the owner and/or the driver. Since the driver was driving the RV with permission of the owner, then the owner's insurance company should apply to the accident; but, because there are some many victims, it may be on a first come, first served basis.

Because this accident happened in MS, a Mississippi Accident Injury Attorney should be consulted to go over all of your rights. Our law firm has been handling accident cases for over 36 years. This is all we do. Our track record speaks for itself. Check it out for yourself.

If you would like a free consultation to discuss your accident case, call 601-969-1977 now or contact us online. Paul Snow handles all types of cases involving serious injury and death including RV accidents, car accidents, truck accidents, motorcycle accidents and accidents from defective products. We do not charge any attorney fees unless we recover for you.paul snow.jpg

December 14, 2011

Drunk Driver Given 10 Year Sentence In Injury Accident In Bay St. Louis, MS

 

A drunk driver was given a 20 year sentence with 10 years suspended for causing a drunk driving accident on august 5th,2010 in Bat St. Louis, MS. Robin Lee Vo from Hancock county, MS was given the sentence this week in circuit court. The accident was caused when Vo was driving erratically then crossed over the center line and hit a 47 year old man riding his bike. The injured victim incurred over $4000,000 of medical bills and can no longer walk as a result of the accident.75579_drunk_driving.jpg

A claim can be made against the drunk driver's insurance company for causing the accident. If there were no insurance on the drunk driver, then the injured victim can make a claim against their own insurance company for uninsured and medical pay benefits. They can stack or add all of their cars together on the policy in order to get more coverage for this tragic accident.

Additionally, a claim can be made against the bar, grocery store or package liquor store that sold the alcohol to the drunk driver. This is called liquor liability or dram shop law which states that the alcohol provider can be liable if they sold alcohol to a visibly intoxicated person who then caused an accident.

If you or a loved one have been injured or killed in an accident, you should consult an experienced ms accident injury attorney. Our law firm is a mississippi accident injury law firm which handles all types of accident cases involving car, truck, motorcycle, bike, tractor-trailer, and drunk driving accidents.

We represent clients all over MS including the following counties: hinds, madison, rankin, copiah, warren desoto, lee, washington, claiborne, simpson, pike, lamar, forest, hancock, jackson, marion, lauderdale,yazoo, holmes, lowndes, oktibbeha and leflore.

Call now to discuss your case FREE of charge. We handle injury and accident cases on a contingency fee basis which means that you only pay for our services if we obtain a recovery for you. Call Paul Snow your MS accident injury lawyer now at 601-969-1977 or contact us online by clicking here. paul snow.jpg

December 13, 2011

18 Wheeler Overturns Killing One On Highway 49 Ramp In Pearl,Rankin County, MS

 

An 18 wheeler turned over on top of a car on the highway 49 ramp in pearl, rankin county, ms last week crushing a car in which cynthia trest was in resulting in her death;she was from bay springs, ms;three other people who were in the car were injured and taken to the university medical center in jackson, ms.18 wheeler.jpg

MDOT stated that the interstate 20 may be closed for hours. Accident reconstructionists are trying to figure out exactly why the big truck turned over on top of the car.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
first, the family of cynthia trest may be able to make a claim for wrongful death damages which include: pain and suffering,medical and funeral bills, lost income, and loss of society and companionship of the family. These claims can be made against the 18 wheeler's insurance company who probably have at least $1,000,000 of insurance coverage (most big truck companies carry at least this much insurance). Also, a claim may be made for punitive damages against the 18 wheeler company if the proof shows that they made their truckdriver work more than the maximum hours for truckdrivers without taking the required rest breaks, or if he were an incompetent driver, or some other reason that the facts show.

Also, the three injured people in the car may also be able to make a claim against the tractor trailer truck's insurance company for personal injury damages which include: past and future medical bills, past and future lost income, past and future pain and suffering, reduced earning capacity, and permanent injuries. They also may make a claim for punitive damages.

So, who gets what if there is only $1,000,000 of insurance coverage? The short answer is first come first served;thats right;it is possible for the three injured people to exhaust all of the $1,000,000 of insurance coverage leaving nothing to the family of cynthia trest, or vice versa, its possible for the family of cynthia trest to collect all of the $1,000,000 leaving nothing for the three injured passengers in the car.

So what all this means is that it is extremely important to hire an MS accident lawyer as soon as possible to protect your rights before it is too late. We have handled a number of 18 wheeler accident cases to successful conclusion for our clients and their families; just look at our track record and compare it to anyone else's and you will see that we have the knowledge, know how and experience to handle this type of case for you.

Call now for a FREE consultation at 601-969-1977 or contact us online. We represent clients all over MS including: jackson, gulfport, biloxi, hattiesburg, greenville, meridian, tupelo, southaven, vicksburg, pascagoula, columbus,clinton, pearl, starkville, olive branch, clarksdale, ridgeland, natchez, greenwood and laurel, MS. The law offices of Paul Snow handles all types of cases involving serious injury and death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and accidents from defective products.paul snow.jpg