Crouse Law Offices. International ⁄ National ⁄ Local Accident Litigators

Legislative Folly in North Carolina

A few comments on portions of the so-called “tort reform” bills now in the North Carolina legislature being pushed by lawmakers who are supported by the insurance industry.

The product liability portion of the current legislation is setting up a constitutional challenge in the aviation area. The Federal Aviation Act of 1958 and cases say that the federal regulations as to aircraft are “minimum standards” and do not establish a level or guarantee of safety. Every aircraft design is approved, to various degrees, by the federal authorities. But there are federal cases saying that these approvals, and the Federal Aviation Regulations (FAR’s) themselves, are not determinative of the legal safety of a design (that’s my summary of 40 years of case law—there are exceptions). I have not fully thought this all through, but it seems to me that this provides ample constitutional and preemptive challenges to be in the courts for years. Read the rest of this entry »

Starbucks Faces Wrongful Death Lawsuit Over Tip Jar Scuffle

The family of a Missouri who man who fought a 19-year-old thief and died from his injuries has filed a wrongful death lawsuit against the coffee giant.

Mr. Kreutz was ordering coffee at a Starbucks when a 19-year-old snatched the tip jar from the counter.  Mr. Kreutz followed the man outside, had a fight with him and was thrown to the ground.  As the 19-year-old sped off, he hit Mr. Kreutz with his car.  Mr. Kruetz later died from his injuries.

The lawsuit blames Starbucks for inviting criminal activity by leaving the tip jars so near the customers and alleges they “did not employ security to prevent the perpetration of such crimes.”  The younger man was not named in the lawsuit.

Another Automotive Recall – Ford Pickup Trucks

The Associated Press has reported Ford Motor Co. will recall almost 150,000 F-150 pickup trucks from 2005-2006 in the U.S. and Canada to fix the air bags.  In what Ford calls a “relatively low risk”, the air bags could deploy without warning.

One would imagine the “relative low risk” factor would vary depending on if you are the driver or an innocent victim when the air bag deploys unexpectedly while driving down a busy street.  Even one severe injury or death is too much when a known problem exists.  This is 2011 – why we are hearing about the 2005-2006 models six years later?

This recall is much smaller than the government wanted.  Citing dozens of injuries, the National Highway Traffic Safety Administration told the company the recall should cover 1.3 million vehicles from the 2004-2006 model years.

Unexpected personal injury from a defective product is a concern for Crouse Law Offices, especially when a severe injury or even death can occur.  If you or a loved one has been injured by a defective product, call us today at 1-919-861-0500 or use our online contact form.

Delta Air Line Jet And Fuel Truck Collide On Runway

CNN reports a fuel truck crashed into a Delta Air Line MD-88 at New York’s LaGuardia airport Sunday afternoon with about 106 passengers and 5 crew members were on board.  Fortunately, no one was injured in the mishap – the plane was not moving at the time.

The fuel truck driver was treated at the hospital for a cut on the head. Flight 2979 was on the tarmac preparing for a flight to Ft. Lauderdale but had to be because one of the jet’s wings was damage in the collision.

Until the investigation is complete, authorities are not releasing how fast the fuel truck was traveling when it hit the aircraft.

Another Abuse Of Our Youngest Travelers: Sky West/United Airlines Denied Mother Use Of Protective Car Seat

A California mother was almost in tears when she was given the ultimatum from Sky West flight attendant to take her baby out of the car seat and hold her during takeoff or get off the plane.  She feared for her child’s safety and claims her daughter’s safety rights were violated.

The 11-month-old is already a seasoned traveler with trips including the Caribbean and Hawaii and has always been safely buckled up in her FAA approved Graco car seat.  The FAA recommends children under 20 pounds – like this 11-month old girl – be in a rear facing car seat.  The flight attendant insisted the child should be facing forward.

In my article, Protecting Our Youngest Travelers on the Crouse Law Office sponsored Aviation Safety Blog–dedicated to safety in all areas of aviation–I point out the FAA’s website states the safest place for children during turbulence or an emergency is in a CRS (child restraint system) – NOT ON YOUR LAP.

The mother wants flight crews to have better training when it comes to kids and car seats, stating, “I think it’s each passenger’s right to be able to be safe regardless of their age.”

I couldn’t agree more.  Everybody needs to get together on this one to protect those who can’t protect themselves.  What’s stopping the Federal Aviation Administration, the airlines, and the seat manufacturers from making this situation right?  Why are we in this current mess, which only means frustration and possible tragedy?

Two Dead After Medical Helicopter And Plane Collide

A midair collision between a 1967 single-engine Cessna 172L and a Eurocopter EC135 AirCare 5 medical transport helicopter in Virginia has left two dead.  The accident happened New Year’s Eve about half-mile north of the Shenandoah Valley Regional Airport in Weyers Cave.

The helicopter is registered to PHI Inc. in Lafayette, La.  The plane was registered to Michael W. Price of Elton, although he was not on the plane at the time of the crash.

The collision between the two aircraft knocked off the plane’s left wing and both occupants were killed when it plummeted to the ground.  The plane was totally destroyed by the impact with the ground.

It is not known what the plane’s destination was or where the flight originated.  The helicopter was returning from the University of Virginia Medical Center in Charlottesville and, although damaged, managed to land safely with three crew members on board.

A helicopter instructor who saw the helicopter come in cited the safety features on that aircraft and the training of the pilots for “amazing job” of landing.

The NTSB is investigating the cause of the incident.

Lawsuit Follows Truckee Tahoe Airport Crash

A negligence lawsuit has been filed by a 15 year-old girl because of injuries she suffered in a 2009 plane crash at the Truckee, Nevada airport.

On Sept. 7, 2009, the then 14 year-old girl was flying from Truckee to San Jose with her friend in a plane piloted by her friend’s parents. The lawsuit claims the pilots of the Cessna P206B filled the plane with an excessive amount of fuel – because fuel is cheaper in Truckee than in San Jose – and therefore made the plane too heavy for takeoff.

The young girl suffered multiple injuries including her back broken in six places and a brain hemorrhage with a concussion.  She continues to suffer from her injuries.

One of the pilots, now a paraplegic from the crash, claims they were not “tankering” fuel to save money and that she had planned the flight including the weight of the fuel.  Her daughter and her husband also suffered injuries in the crash.

The lawsuit claims the pilots disregard for the high-density altitude or “thin air” was the major cause of the crash.

The amount of damages asked requested for personal injury has not been released.

Did GM Make A Defective Silverado?

A wrongful death lawsuit has been filed by the family of a Perryton man in the Eastern District of Texas against General Motors for allegedly making a defective vehicle, reports the Southeast Texas Record. 

On June 24, the man was driving a 2007 Chevrolet Silverado when another vehicle pulled out in front of him causing him to hit the rear of a tractor trailer and catch fire.  

The lawsuit accuses GM of manufacturing an unreasonably dangerous and defective vehicle because the vehicle failed to provide proper restraint, failed to prevent ejection from the seating area, failed to maintain survival space and for failing to control and distribute energy. 

The lawsuit further alleges the vehicle was defective because the safety systems failed to perform together like a safety chain and due to the lack of a fuel shut off switch and power shut off switch.

Equipment Company Sued After Sacramento Kings Player Injured

In a lawsuit filed in U.S. District Court in Sacramento, California, the Sacramento Kings are suing the makers of an exercise ball after one of their guards was injured and missed most of last season’s games. 

According to the lawsuit, Francisco Garcia “suffered severe personal injuries” when an exercise ball called the Gymnic Plus Ball burst.  The ball’s Italian manufacturer and the two U.S. distributors are named in the lawsuit which asks for at least the $4 million in wages the team paid Garcia under the terms of his contract.

Are Medical Helicopter Safety Concerns Being Addressed?

Medical helicopter crashes make headline news, receiving a lot of attention from the media and from viewers.  Perhaps because we can all feel the depth of the tragedy knowing this helicopter was on a mission of mercy to save lives – yet crew members and patients lose their lives.

According to the NTSB, there were 85 helicopter-EMS (HEMS) accidents from 2003-2009 with 77 fatalities with 2008 being the deadliest year on record.  The question of the safety of helicopter medical evacuations has gotten the attention not only of the general public, but also aviation associations associated with the EMS industry and government agencies. Read the rest of this entry »