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Kitsap Naval Base Injury Highlights Safety Issues

Michael Myers — Wed, 25 Nov 2009 08:27:59 GMT

Almost all construction site injuries are preventable. The Washington Department of Labor and Industries has promulgated an extensive and detailed set of rules regarding construction site safety. Contractors who follow these rules have few if any injured workers. Those who don't have significantly more on the job injuries.

KOMO News reported this morning that:

[A] 24-year-old contractor for Tutor-Saliba was working with a team moving concrete pylons when she somehow got trapped by one of them, injuring her legs, said a shipyard spokesperson.

The general contractor on a construction site is responsible for making sure that its workers are safe and that the workers of its subcontractors are safe. While the workers compensation statute limits claims that workers can bring directly against their employers, employees of subcontractors have the right to sue general contractors for failing to follow safety guidelines and provide a safe workplace.

There are numerous regulations in the Washington Administrative Code designed to prevent crush injuries. It is unclear whether they were followed at the Kitsap Naval Base.

Originally posted at InjuryBoard by Michael Myers

Pet Food Recall--Cat and Dog Food Causes Kidney Failure and Death

Michael Myers — Sat, 10 Mar 2007 22:18:48 GMT

Menu Foods--with plants in the United States and Canada--has announced an extremely broad recall of cat and dog food (specifically, the "cuts and gravy" variety which dcomes in cans and small foil pouches).

The recall covers over 60 million containers of wet pet food. The recall was announced after reports of kidney failure and at least 10 deaths.

The pet food was sold by stores operated by the Kroger Company, Safeway Inc., Wal-Mart Stores Inc. and PetSmart Inc. More information can be obtained at the Menu Foods Pet Food Recall site. Menu Foods manufacturers for 85 percent of the leading North American retailers including Iams.

If you have a pet that has been sick and/or died as a result of eating contaminated pet food please contact one of our attorneys now to see how we could help you out during this tragic situation. With mounting vets bills and other expenses, you should not be held responsible for someone else's negligence in placing contaminated pet food into the market place. Contact us today by clicking the link above or filling out the form at right to see how we can help.

Originally posted at InjuryBoard by Michael Myers

Another Hit and Run Collision Highlights Importance of UIM Coverage

Michael Myers — Wed, 25 Nov 2009 09:22:24 GMT

Unfortunately we've had a spate of hit and run collisions in the Seattle area. This time it involved a worker just doing his job. The Seattle PI reported:

A maintenance worker was the victim of a hit-and-run in Bellevue's Hidden Valley Park area on Wednesday afternoon. Bellevue police said the victimwas blowing leaves when a car hit him and sent him flying roughly 25 feet.

Even if you don't have UIM coverage, your employer may. In this case the worker was near his work truck. It's possible that--based on his proximity to the truck--his employer's UIM coverage will apply and provide a source of compensation for his damages.

Originally posted at InjuryBoard by Michael Myers

1 Killed, 2 Injured in Alcohol Related Car Accident

Michael Myers — Mon, 27 Mar 2006 14:32:13 GMT

On Sunday at approximately 2 a.m., an SUV crossed the center line on a British Columbia highway and collided with an oncoming car. The driver of the car died at the scene. The passenger in the car suffered injuries and was taken to St. Joseph Hospital in Bellingham. The SUV's driver and passenger also suffered injuries and were taken to St. Joseph Hospital. Authorities believe alcohol was a factor in the accident.

The family of the victim, and those injured in the accident, should contact a personal injury attorney right away. An attorney can provide the victims with options and preserve their claims in the context of an international car accident. For more information, please see: Alcohol Related Crash Kills 1, Injures 3.

Originally posted at InjuryBoard by Michael Myers

More Hit and Run Collisions...This Time Bike Versus Pedestrian

Michael Myers — Wed, 25 Nov 2009 08:59:11 GMT

One of the attorneys in our office rides his bike to work every day. He doesn't own a car. He has some pretty strong opinions about Seattle drives (especially bus drivers).

But drivers aren't the only ones charged with obeying the traffic laws. Bicyclists have to follow them too.

King-5 News recently reported about a six year-old Seattle boy is home who may require reconstructive surgery after being struck by a hit and run bicyclist.

Noni Echo-Hawk-Lopez is a reserved boy to begin with, his parents said, but now he's not even allowed to talk because of a fractured and swollen jaw.

Doctors at Harborview Medical Center "had to completely wire his jaw shut," said his mother, Abigail Echo-Hawk.

Fortunately in this case the bicyclist was detained by witnesses before he could get away.

I'm unaware of any insurance companies that sell liability policies for bicyclists (the same way liability policies are sold for motor vehicles). But there are two valuable sources of insurance coverage if you're injured by a bicyclist: renters and homeowners insurance. Both cover negligent acts by an insured and it may well be that the rider who injured Noni lives in a home, condo or apartment where there is coverage.

Originally posted at InjuryBoard by Michael Myers

Toddler Dies in Day Care Accident

Michael Myers — Mon, 05 Dec 2005 16:57:48 GMT

A 17 month old child died last Thursday as the result of a tragic accident that occurred at her day care provider. The infant, Jaclyn Frank, was apparently strangled on a set of blinds at her Bothel day care facility. The King County Medical Examiner ruled the death an accident. The King County Sheriff's Office is investigating. Jaclyn's father, Larry Frank, described his daughter as "the sweetest, most innocent girl I've ever known." For more information about this story, read the following links: Infant dies in day care tragedy; Infant Strangles on Day Care Blinds.

Although no criminal charges have been filed against the day care facility the Frank family may file a civil lawsuit for negligent supervision.

Originally posted at InjuryBoard by Michael Myers

Civil Rule No. 2 (Boring)/Civil Rule 2A (At the Center of Numerous Conflicts)

Michael Myers — Sat, 31 Jan 2009 21:23:29 GMT

Civil Rule 2 is probably the least interesting out of the 86 Civil Rules. It reads:

There shall be one form of action to be known as "civil action."

Wow.

Fortunately there is also Civil Rule 2A. It's more exciting...and is frequently in the middle of headed conflicts in personal injury cases.

Rule 2A reads:

No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing and subscribed by the attorneys denying the same.

Rule 2A rears its head with alarming frequency in the context of settlement negotiations/agreements. In Washington it's effectively impossible to make enforce a verbal settlement agreement. That's why it's so important (for instance, at a mediation) to make sure that settlement agreements are reduced to writing and signed by the parties.

Do you think that verbal settlement agreement should be binding? Most verbal contracts (other than settlement agreements) are binding. So why not agreements between parties in litigation? Do you think there are some policy reasons (related to the charged atmosphere) that makes agreements made during a lawsuit different than agreements in the regular course of business?

Originally posted at InjuryBoard by Michael Myers

Snowboarder Dies of Suffocation on Mount Baker

Michael Myers — Mon, 16 Jan 2006 12:36:56 GMT

Matthew Aaron Chase, a 31-year old Bellingham man, died while snowboarding last Monday at the Mount Baker Ski Area. Mr. Chase, an expert snowboarder, was riding with a friend on an advanced-level run known as The Chute when he lost contact around 12:00 p.m. Mount Baker patrollers ultimately located Mr. Chaseâ€™s body at the base of a 15 foot rock wall seven hours later. He was upside down and totally buried by snow. The snow had apparently fallen onto Mr. Chase after he rode off the 15 foot drop.

The area where Mr. Chase was riding was marked by signs indicating an approaching hazard.

An autopsy determined that suffocation caused Mr. Chaseâ€™s death. He did not suffer significant injuries prior to suffocating. The coroner ruled the death accidental.

Mr. Chase is the second person to die at Mount Baker this year. The first, Trinity McQuair, died when he fell off a 125-cliff.

More information about Mr. Chase and Mr. McQuairâ€™s accidents is available at the following links: Mount Baker Snowboarding Accident Claims Second Life; Snowboarder Killed in Accident on Mount Baker; Skier Killed In Fall On Mount Baker.

Originally posted at InjuryBoard by Michael Myers

Death at Rainier Vista Construction Site Underscores Risks

Michael Myers — Wed, 17 Sep 2008 14:36:00 GMT

Earlier this month a construction worker, Steven Dale Slee, was injured while working in a trench at a Rainier Vista construction project.

Seattle firefighters took Slee to Harborview Medical Center after 7,000 pounds of compacted dirt fell on him at a work site located at 33rd Avenue South and South Oregon Street in south Seattle.

The dirt fell from the side of the trench after a slab of compacted fill broke, the Seattle Fire Department reported. Rescuers used an airbag and ladders to reach Slee. A second construction worker, a man, was able to escape from the trench. He suffered non-life threatening injuries.

This horrible accident underscores and highlights the dangers associated with work at a construction site. These dangers are the precise reason that Washington law imposes such a strenuous burden on general contractors to maintain a safe job site. This duty cannot be delegated to subcontractors.

In serious injury and fatality accidents like this the Department of Labor and Industries investigates the accident. The investigation and its findings are often useful in later preparing and prosecuting either a personal injury or wrongful death claim.

Originally posted at InjuryBoard by Michael Myers

Breach of Trust and Confidence

Michael Myers — Tue, 04 Dec 2007 10:05:59 GMT

A female patient of Dr. Chris Woodja, a dentist who practiced in the Shoreline area, was found heavily drugged and half-naked in his office on October 17th.

The patient had come in for treatment of an abscessed tooth. Reportedly, Woodja had contacted the patient's roommates prior to the appointment and requested that the patient bring "the additional four tablets of Triazolam" he had prescribed to the office. Triazolam is a sedative.

When the patient's roommates arrived at the office to take her home they observed her wandering around in only a tank top and clearly drugged.

She was so over-medicated that she doesn't remember anything of the incident. She was taken to Harborview Medical Center for treatment.

In 1999 Dr. Chris Wodja was charged with misdemeanor assault and battery of a 16-year old girl.

This case bears a striking resemblance to the cases we're handling for former patients/clients of Drs. Greenberg and Kamson. It's difficult to imagine a situation more egregious than when a physician or other doctor takes advantage of the trust and confidence put in him and misuses that trust and confidence to gratify his prurient sexual desires or financial avarice.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Michael Myers