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Texas Commercial Vehicle Accident Attorney Discusses Tragedy near Beeville

Reynaldo Pena — Fri, 20 Nov 2009 11:29:34 GMT

There has recently been another horrible tragedy on our Texas highways. This time, a beautiful 4 year old boy named Luca Moya was killed, and his mother, Emika Moya, was seriously injured. Emika, a school teacher in Goliad, Texas, was driving through dense fog when her car was hit head-on by an 18 wheeler that had crossed over into her lane. Emika never had a chance, and neither did little Luca.

It is clear that when commercial vehicles are driving in low visibility conditions such as fog that they must take extra precautions and make sure they do not endanger the lives of innocent people driving on our highways. There is no excuse for an 18 wheeler to cross over into on-coming traffic in low-visibility situations. This is unacceptable, and a family is now having to deal with an enormous tragedy that could have easily been avoided. My heart and prayers go out to the Moya family and all others that are affected.

The point is that commercial drivers need to realize that they are driving steel and metal monsters that need to be driven responsibly. Passenger vehicles are no match for these metal monsters when they collide. In fact, not even a properly used car-seat could save little Luca, but the driver of the 18 wheeler only sustained minor injuries. When driving it is very important to drive defensively, and pay close attention to comercial vehicles driving near you - clearly commercial vehicle drivers are not always driving responsibly. I hope the Moya family's story, and the many stories like his, will perpetuate change for the better. It is the mission of our lawfirm, and me personally, to perpetuate changes in the law to make our roads safer, and to hold commercial vehicle companies and their drivers accountable for the lives that are destroyed in their wake. Our mission continues.

Reynaldo A. Pena

Originally posted at InjuryBoard by Reynaldo Pena

Colin Holst, 4 Remembered After his Tragic Drowning at Life Time Fitness

Jesse Guerra — Mon, 16 Jun 2008 17:21:16 GMT

According to an article in the Austin American Statesman, "Colin Holst might have been only 4 years old, but he could run like the wind." Words by his father described him as having the endurance of an olympic athlete.

Colin was pulled out of the pool at Life Time Fitness by Life Time lifeguards and was given CPR on friday June 13, 2008. Unfortunately, he passed away Saturday at Dell Children's Medical Center in Austin, Texas.

He had just graduated from pre-kindergarten at the Primrose School of Bee Cave. His father said he loved to play soccer and go to the beach and playing in the water. Our prayers go out to his family at this tragic time especially as this occurred father's day weekend.

Questions remain? What were the lifeguards on duty doing at the time Colin needed help?

The pertinent lifeguard rules are as follows; 1. 30 Second Rule-The Lifeguard surveys one extreme of his/her zone of responsibility to the other and back within a total of thirty seconds; 2. 10/20 Rule- Once the lifeguard identifies a potential incident (i.e. victim, hazard, risk), he/she must determine within ten seconds whether or not intervention is needed or required. If required, the lifeguard must be positioned in order to intervene within twenty seconds; and 3. 10x10 Reaction rule-The lifeguard must be able to intervene within ten seconds.

It's often the case that lifeguards on duty are often distracted by other people around the pool and are not actively following the rules they were trained to follow. We have all witnessed lifeguards talking to swimmers and others by the lifeguard stand.

No other information was released surrounding the immediate circumstances leading up to this tragic event at this time at Life Time Fitness.

We are left only with words from Colin's father, Jeffrey, "For the short time he was here, he impacted so many people, it's unbelievable, he's my hero."

Originally posted at InjuryBoard by Jesse Guerra

Samarion Fall Prevention System in Nursing Homes

Beth Janicek — Tue, 04 Aug 2009 15:49:32 GMT

Falling is the leading cause of injury deaths and non-fatal injuries among older adults. Each year about 1,800 people living in nursing homes die from fall-related injuries. This is a problem that I have recently blogged on. However, a new cutting edge fall prevention system is changing the way nursing homes operate by helping to prevent residents from falling.

The Guardian House Alzheimer’s facility in Louisiana is equipped with a Samarion Fall Prevention System in each room. Neal Rider, Guardian House CEO said,

“We have a ‘smart’ system, which is a computer system that will learn patient movement and activity.”

Mr. Rider explains that each resident has an individual profile that determines the risk for potential falls, and if they are categorized as a “fall risk,” the computer and motion sensor devices will monitor their every move and alert the staff if anything is abnormal. He said,

“You can see the unauthorized bed exit alert is coming in and you can see the individual getting out of the bed. It identifies where the person is in the building and where other individuals and staff are located throughout the building.”

The Samarion Fall Prevention System is the first kind of preventative step in alerting staff before a fall happens. Guardian House Quality Assurance manager, Kathy Richard said,

“Our residents each have an electronic wristband, when they do a bed exit or they move - and the computer has programmed that that’s an unauthorized move, it will alert us.”

Mr. Rider said,

“We have shown over the past six months of testing that we have actually eliminated 60 percent of those incidents that would have resulted in a fall.”

The Samarion Prevention System and an attentive staff can greatly reduce falls, as well as prevent abuse in nursing homes. While this state of the art technology is beneficial and can greatly help residents maintain optimal health, it will only work if the staff is attentive and uses it properly. In the past new technology has only worked as well as the employees who are trained to use it.

Originally posted at InjuryBoard by Beth Janicek

Build-A-Bear Workshop Recalls Folding Toy Beach Chairs

Chrissie Cole — Thu, 14 May 2009 14:28:00 GMT

Build-A-Bear Workshop, in conjunction with the U.S. Consumer Product Safety Commission and Health Canada, announced a recall of Folding Toy Beach Chairs for Stuffed Animals. The toy chairs can pinch, bruise or cut fingers if caught between the folding legs.

To date there has been eight reports of injury associated with the recalled products.

The recall includes toy beach chairs with wooden frames and canvas seats. Some styles also include an attached pillow.

The toy chairs are blue (style #’s 002281, 004463, 009907, 011565, 102281, 109907, 111565), red (style #’s 007391, 011566, 107391, 111566), fuchsia/white stripe (style #’s 013226, 113226), Orange/white stripe (style #’s 013227, 113227).

Consumers should take the recalled items from small children and return them to any Build-A-Bear Workshop store for an $8 USD / $10 CDN coupon.

Consumer Contact: For more information, contact the Build-A-Bear Workshop toll-free at (866) 236-5683 Monday through Friday between 8 a.m. and 6 p.m. CT, Saturday 9 a.m. and 4 p.m. CT, or visit the Build-A-Bear Web site (PDF).

Note: Health Canada’s press release.

Originally posted at InjuryBoard by Chrissie Cole

Woman Settles Slip and Fall Lawsuit Against Dollar General

Chrissie Cole — Fri, 28 Nov 2008 13:13:00 GMT

A woman who slipped and fell at a Dollar General Store while holding her daughter has settled her personal injury lawsuit.

The suit claimed on August 6, 2006, while visiting the store she slipped on a puddle of blue soap that was on the store floor. She alleges she was holding her daughter at the time that she fell. The suit sought damages in excess of $15,000 but less than $50,000.

The terms of the settlement were undisclosed, but a Madison County Judge signed off on the agreement last week. As part of the agreement, Dollar General was not forced to admit any fault or wrongdoing.

Dollar General was negligent for failing to warn her of the blue soapy liquid that was on the floor and for failing to clean the floor, claimed the suit.

The woman claims her daughter suffered injuries to her chest, ribs and legs that caused pain and medical expenses. And the woman suffered injury to her abdomen, knees and stomach which resulted in pain, suffering, lost wages and medical expenses.

Originally posted at InjuryBoard by Chrissie Cole

Swimming Pool Accident Lawyer Jesse Guerra Discusses Indianapolis Apartment Complex Drowning

Jesse E. Guerra Jr. — Fri, 25 Sep 2009 11:54:09 GMT

According to several news stories, a three year old boy drowned Tuesday afternoon after gaining access to the complex pool. Little is known how the boy got into the fenced area www.wishtv.com/dpp/news/local/marion_county/Mother_of_drowned_toddler_speaks_out_20090924.

However, a news video clearly shows the pools defects that may have allowed easy access to this innocent toddler found floating in the pool by his mother.

State laws that regulate pools in the state require fences. While a fence did exist at the pool. The question that remains is was this enclosure secure? Investigation will surely follow. Our firm handles pool cases every day and many of which have involved fence enclosures. We have a national reputation for representing victims in situations such as this one.

It should also be noted that state apartment associations generally provide guidance for property owners to prevent accidents such as the one at issue here. If anyone would like more information about what can be done in these situations or about pool safety we can be reached at www.injuryboard.com or feel free to visit our website at www.swimmingpoolaccidentlawyer.com

It has also been determined that some changes have been made to the enclosure to ensure this does not happen again. However, the change comes too little too late.

Originally posted at InjuryBoard by Jesse E. Guerra Jr.

Federal Jury Now set to Hear Closing Arguments in Trailer Cases in New Orleans

Jesse Guerra — Thu, 24 Sep 2009 12:52:25 GMT

Robert "Bob" Hilliard, of Hilliard, Munoz Guerra Law Firm based out of Corpus Christi, Texas has just returned from New Orleans where he was one of the trial lawyers in the Nation’s first FEMA toxic trailer trial. The trial, Alexander vs. Gulfstream and Fluor which began September 14, 2009 in Federal Court for the Eastern District of Louisiana is now set to hear closing arguments.

The federal jury will decide whether or not the Gulfstream trailer manufacturer and Fluor Corporation are responsible for the plaintiffs exposure to the cancer-causing gas: formaldehyde. This is the first of many trials yet to be heard to determine if in fact dangerous levels of formaldehyde effected the displaced residents of the Gulf Coast who were provided with FEMA travel trailers after Hurricane Katrina.

The jury’s verdict is expected late today or tomorrow.

Hilliard will hold a press conference at his office immediately after the verdict to discuss the trial and its implications for other similar cases that are pending as part of a class action suits filed in New Orleans.

"This case is just another example of the aftermath left by Hurricane Katrina and the innocent victims who were clearly at the mercy of big business and politics as usual."-Bob Hilliard

Originally posted at InjuryBoard by Jesse Guerra

State School Fight Club Videos Released

Reynaldo Pena — Tue, 12 May 2009 16:49:12 GMT

Four of the many videos depicting mentally disabled persons being forced to engage in brutal fighting matches at the Corpus Christi State School have been released. Our firm has filed suit against the Department of Aging and Disability Services on behalf of a mentally disabled individual who was brutalized in the same fashion on many occasions, and we were able to secure the release of the four videos already made public in the criminal case of one of the alleged perpetrators who worked at the state school.

The State of Texas, through the Attorney General's Office, now seeks to prevent the videos from being seen by anyone. The State argues that irreparable harm will result if theses videos are seen by the public. I wonder if the irreparable harm the State speaks of is the harm the videos will do to their own rear-end. Suddenly, after all the terror, brutalization, and humiliation the State has allowed to occur at its own school, the State now wants to protect its residents by not allowing other people to know what happened to them. It seems clear that the State is desperate to keep what has occurred in their own school for mentally disabled Texas residents in the dark corners of that same school, and out of sight and out of mind from the rest of society. This is SHAMEFUL!

While the videos are very disturbing to watch, it is important that the public see with their own eyes what goes on in these state run institutions, and hopefully with some publicity there will be more awareness of problems that need to be addressed, and change for the better.

Originally posted at InjuryBoard by Reynaldo Pena

Man Dies In Fall At CPS Power Plant

Chrissie Cole — Tue, 27 Oct 2009 13:45:00 GMT

A man fell to his death while working at a CPS Energy power plant on Monday, according to officials from the Occupational Safety & Health Administration (OSHA) and San Antonio Police Department.

The man, 27, who is yet to be identified, died from the serious injuries he sustained when he fell approximately 35 to 40 feet at the unit on Calaveras Lake.

According to CPS Energy officials, the worker, employed by Calaveras Power Partners was installing a new piece of catwalk at the construction site, when the worker stepped on an unsecured portion of the catwalk, which caused it to tip. The worker then lost his balance and fell nearly 30 feet to the ground.

The job site will remain closed while an investigation is conducted, said a company spokesman.

Originally posted at InjuryBoard by Chrissie Cole

Baby Unharmed When Car Crashes Through Home

Chrissie Cole — Sun, 25 Oct 2009 14:01:00 GMT

A baby, sitting in his stroller, was nearly hit when a vehicle crashed through his house on Sunday night.

The baby, appeared unharmed, but was taken to the hospital as a precaution. He was less than a year old, police said.

The accident, which occurred near Sarita Street and Baldwin Avenue, is under investigation. Police intend to charge the driver with driving while intoxicated, according to Lt. Nicholas Kless.

It appears the driver lost control of his vehicle while turning onto Baldwin Boulevard and slid, said Kless. His car struck a utility pole and then a parked vehicle causing the parked car to catapult into the home.

The home sustained extensive damages. But thankfully baby is OK!

Originally posted at InjuryBoard by Chrissie Cole