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Personal Injury & Accident News

Jury verdict for $2.6 million to Railroad Engineer Suffering Diesel Exhaust Asthma

In late April 2008, an Ohio state court jury ordered Conrail to pay $2.6 million to its former locomotive engineer, for negligently causing his diesel exhaust asthma lung disease.  Frank Battaglia, worked in the Detroit, Michigan rail yards for Conrail for 23 years as a railroad engineer, before he was eventually diagnosed with diesel exhaust fume asthma.  He obtained a lawyer recommended by the brotherhood of locomotive engineers and trainmen (BLET), to pursue a claim against Conrail.

Attorneys E.J. Leizerman and Ryan Gembala, of Toledo, Ohio, represented Battaglia, and Conrail retained Pittsburgh, Pennsylvania lawyers who specialize in defending railroads, including defending claims involving diesel fume type cases.

Battaglia’s lawyers presented evidence that his lung disease was the result of inhaling fumes hundreds, if not thousands of occasions while he worked as a railroad engineer usually involving his location inside locomotive engine cabs.  His attorneys argued that federal railroad administration (FRA)  regulations prohibit diesel exhaust fumes from entering into the locomotive engine cab, and that this regulatory violation directly led to lung disease in Mr. Battaglia.

Battaglia’s doctor testified that his diesel asthma was likely the result of his long-term exposures while working for the railroad.  Conrail is a subsidiary of Norfolk Southern, and one of Norfolk Southern’s medical doctors also gave testimony to defend Conrail, along with other doctors that were specially retained on behalf of Conrail.  Conrail denied the worker suffered any disease from diesel fumes.

The jury received testimony for an entire week, and then deliberated five hours before returning the $2.6 million verdict in favor of Battaglia.  This is the second major verdict attorney Leizerman has obtained in a diesel exhaust fume trial, with an earlier verdict for another railroad locomotive engineer several years earlier, who sued Norfolk Southern.  That earlier verdict was upheld on appeal in the state of Ohio appeals court system.

Rail workers most exposed to diesel fumes are railroad locomotive engineers, railroad conductors, railroad carmen, and railroad shop workers who have worked around diesel engines for decades.  I have written a number of articles recently (see our library here on this site, and on the Injuryboard Virginia Beach web blog) about the growing occupational awareness that diesel exhaust fume exposure over the long term has led to not only diesel asthma, but that medical experts have documented an increased incidence of lung cancer in railroad workers with these long-term exposures to diesel fumes as well.  Our law firm has received an increasing number of inquiries from railroad workers who believe they may suffer diesel asthma lung disease.  There were many types of  railroad engines that permitted the diesel fumes to trail inside the engine cabs, and it is important to investigate and document the types and classes of engines worked on or around, the long term exposure that may be involved, and all other potential causes of disease besides diesel fumes.  Also, only an experienced occupational medical physician can determine if your particular form of lung disease symptoms are consistent with this often undiagnosed form of “diesel asthma," and the doctor must also evaluate any other occupational exposures to dusts, fumes and similar irritants.

The Environmental Protection Agency, recently in 2008, finally put into effect  new regulations governing diesel engine emissions in railroad locomotives as well as trucks and other types of motors using diesel fuel.  Soon, there will be monitoring requirements for what types of emissions are coming from the engines, but this will have no affect on workers who may have been exposed in the past.  There have been a number of medical journal articles discussing the pervasive adverse health affects of diesel fumes, and the awareness of the dangers of long term exposures have now been well documented.  The public is just now starting to understand the issue.

Our law firm also practices personal injury law and concentrates much of our effort in the area of railroad worker injuries and diseases (website: HSInjurylaw.com ).  

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Abingdon, Va., Man Hit by Train, Killed

A 49 year old Abingdon, Va., man was struck by a train in the early morning hours of Tuesday, April 8, 2008.  The man was walking on the Virginia Creeper Trail, which is near the railroad tracks, on his way home.

Abingdon Police Chief Tony Sullivan noted that the tracks provide a shortcut to "just about anywhere," because they run through the center of town. 

The train that struck the man was 52 cars long and weighed over 2,783 tons.  The train engineer saw the Abingdon man walking southbound on the tracks about 100 yards ahead of the train.  The engineer sounded the horn and attempted to stop, but was unable.  A spokesman for Norfolk-Southern says that it would typically take a train of that size at least a mile to stop.

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North Carolina Man Killed in Va. Beach Crash

A 26 year old North Carolina man was killed early Sunday morning when his car flipped several times in Virginia Beach.  Police believe that the man was travelling at about 85 mph at the time. 

Police are unsure at what time the accident occurred.  The last phone call went out from the man's cell phone at 2 a.m., but the accident went unnoticed until a passerby phoned it in around 6 a.m.

According to police, the driver was not wearing his seat belt and had been drinking.  The car flipped two or three times before coming to a rest.  The man had been ejected from his vehicle.

Read More About North Carolina Man Killed in Va. Beach Crash...

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Former Virginia OBGYN back in business after seven malpractice claims

The Virginian Pilot recently reported that a former Virginia obstetrician is practicing in North Carolina after repeatedly injuring babies during deliveries in Virginia.  The Pilot reported that Dr. Enrique Tomeu practiced in a Virginia Beach obstetrics group until 2004 when he abruptly closed his office and left the area.  Dr. Tomeu was sued 7 times for similar injuries to babies during child birth.  The injury is called shoulder dystocia.  When this injury occurs it often involves larger babies.  The baby's shoulders can get stuck behind the mother's pelvic bone during delivery.  In that position the nerves that connect the shoulder, arm and hand to the spinal cord can be stretched, pulled out or torn.  This injury can result in a disorder known as "Erb's Palsy" a form of paralysis.  This injury can result in permanent disabling of the shoulder, arm and hand. 

According to Virginia Beach Circuit Court records, Dr. Tomeu was sued 7 times in Virginia for inflicting similar injuries during deliveries.  After Tomeu left Virginia he practiced in New Zealand for a year.  While in New Zealand, a coroner found him partially responsible for a baby's death.  After being relieved of his duties in New Zealand, the practitioner ended up in North Carolina where is practicing now. 

The Pilot previously reported that despite reform in the medical malpractice reporting, there are still doctors managing to go under the radar.  The individual that suffers the most is the new patient who has no knowledge of their doctor's malpractice history. 

At our law firm, we handle all types of personal injury cases.  We have personally handled many shoulder distocia cases which are the exact types of injuries reported in this article.  If you or someone you love has been injured in by malpractice please call us for a free consultation.  We will do everything we can to ensure that your rights and interests are served. 

 

 

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Most Lethal Melanomas? Scalp and Neck

A study from the University of North Carolina has demonstated that skin cancers can vary in lethality depending on where they start.  After considering over 50,000 cases of melanoma in the past decade, the researchers concluded that patients whose lesions begin on their scalp or neck died nearly twice as fast as cancers that began anywhere else on the body.

Scientists are not surprised by this, says Dr. Vijay Trisal of the City of Hope National Medical Center in L.A., who notes that "maximum sun exposure areas are the scalp, face and neck." 

Read More About Most Lethal Melanomas? Scalp and Neck...

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Norfolk Southern Settles Train Crash Lawsuit

Norfolk Southern has settled a lawsuit with Avondale Mills, a South Carolina textile company.  The lawsuit was about the 2005 train wreck that caused a toxic chemical spill which killed 9 people.

On January 6, 2005, the Norfolk Southern train left the tracks onto a spur, rear-ending a parked train whose crew had not remembered to switch the tracks back to the main rail.  The wreck caused a car carrying chlorine to release a poisonous cloud over Graniteville, South Carolina, killing nine and injuring 250.  Another 4,500 people had to be evacuated.

The lawsuit settled for an undisclosed amount. 

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Richmond, Va. Woman Killed in Auto Accident

A Richmond, Virginia, woman was killed on March 22 in a car crash on I-95 near Chesterfield County, according to Virginia State Police.  She was headed north on the interstate when she ran off the right side of the road into a ditch and slammed into a barrier.

Police believe that alcohol may have been involved in the crash. 

This crash brings Virginia's highway fatality total to 182 for the year, as compared with 179 on this date in 2007.

Read More About Richmond, Va. Woman Killed in Auto Accident...

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Crash with Ambulance Kills College Senior

A senior student at the College of Charleston was killed on Tuesday morning in South Carolina when her car was struck by an ambulance that had just left a downtown hospital.

The ambulance was just leaving the hospital on it's way to an emergency call.  As the ambulance moved into the oncoming traffic lane to pass stopped cars, it collided with the student's car, slamming into the driver's side doors.  The impact of the crash was enough to send both vehicles careening into stopped cars.

The student, 22, died of head injuries an hour later at Medical University Hospital.

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Virginia Man Trapped Under Rail Line

A Prince William man was seriously injured on Tuesday when a rail car toppled over, trapping him under it.  Around noon, an open-top rail car carrying gravel tipped on top of the unidentified man in his mid-30s.  After rescuers worked for 40 minutes to free him, he was taken to Inova Fairfax Hospital.

The train car belonged to Chemung Contracting, a company with a plant in Gainesville, Virginia.  Reports from the Washington Post state that the man was a Chemung employee.

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Virginia Police Investigating Crash in James City County

Virginia police are investigating a fatal car accident in James City County.

Just before 3 a.m., a 2006 Dodge Dakota was headed southbound on Ironbound Rd when the driver lost control of the vehicle and ran off the road.  The driver was thrown from the car and died at the scene.  Police say she was not wearing a seatbelt and travelling at an excessive rate of speed.

No word yet on whether alcohol was involved.

Read More About Virginia Police Investigating Crash in James City County...

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N.C. Student Skipping School Dies in Fatal Crash

An early morning crash in Union County, N.C., Thursday has left one young man dead and another critically injured.  The two students, both 17, were high school seniors on track to graduate, according to school officials.

The crash occurred when one of the young men rounded a corner too quickly, struck the curb, and then overcorrected and crossed the center line, causing a head-on collision.  The student who died was a passenger.  He was not wearing his seatbelt.

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Two-Thirds of Hysterectomies May be Unnecessary

Nearly 600,000 hysterectomies are performed every year in America.  The surgery is so popular, according to CNN, that nearly one-third of all women will undergo the procedure before they turn 60.

However, experts are now saying that as many as two-thirds of those women do not need the surgery.  Doctors like Lauren Streicher, M.D., an assistant professor of obstetrics and gyneconology at Northwestern University, are finding that there are alternative procedures that offer fewer complications and shorter recovery times.

Common problems with the hysterectomy procedure are sexual problems, incontinence, and a slight loss of physical strength.

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One of our own attorneys makes it onto the 2007 list of Virginia’s largest verdicts.

At Shapiro, Cooper, Lewis & Appleton, we pride ourselves on years of experience handling various personal injury matters.  We are proud to announce that one of our own attorneys, James Lewis, was recognized by Virginia Lawyers Weekly obtaining one of Virginia’s largest verdicts in 2007. 

Jim’s case involved a medical malpractice claim for injuries inflicted upon the plaintiff, an infant, during a difficulty delivery.  The delivery resulted in permanent injury to the plaintiff’s shoulder and arm.  A Virginia Beach Circuit Court Jury awarded $1.75 million, the medical malpractice cap at the time of the injury to the plaintiff and an additional $137,224 to the plaintiff’s mother.


At our firm we handle personal injury matters involving millions of dollars in damages as well as claims involving smaller amounts.  Despite the differences in the injuries and damages, we treat all of our clients with the same level of attention and care.  If you have been involved in an accident or other personal injury matter, check out our website.  Here you will find a great deal of information about our attorneys and the types of cases we handle. 

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Virginia Child Injured in Police Car Crash

An auto accident involving a police cruiser on Thursday afternoon left a two-year-old child in the hospital with head injuries, according to a report from Virginia State Police.

The accident occurred at approximately 2.09pm at the Clarion Road exit, off U.S. 29 in Altavista, according to Sgt. David Cooper.

Melissa Camiglio, the mother of the injured child, was driving her 1999 Chevrolet Prism on U.S. 29 when she failed to stop at the Clarion Road stop sign.  This resulted in her vehicle being crashed into by Altavista Police Officer Devin H. Snead’s 2007 Ford Crown Victoria cruiser.

According to Cooper, Camiglio’s two year old child suffered head injuries in the accident because she was not adequately restrained in the vehicle. The child was airlifted to Roanoke Memorial Hospital where there is no word on her condition. Snead was taken to a local physician after complaining of neck and back pain as a result of the accident.

Despite her assertions that she tried to stop at the stop sign, Camiglio was charged with both reckless driving and for failing to restrain a child properly in her vehicle.

Trooper M.B. Okuley in charge on the investigation says Camiglio’s car will be checked for mechanical problems during the course of the investigation.

Read More About Virginia Child Injured in Police Car Crash...

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Charity Doctors Open to Malpractice, Says Virginia Supreme Court

The Virginia Supreme Court has ruled that doctors who work in charitable foundations are not immune from malpractice suits.

The cases ruled upon by the Virginia Supreme Court involved the University of Virginia Health Services Foundation, who wanted immunity from malpractice suits.  The Foundation’s lawyers claimed that because its physicians were working for a nonprofit organization, they should be protected from malpractice lawsuits.

However the Virginia Supreme Court refused to rule in favor of the Health Services Foundation, saying that while the physicians working for the foundation did perform “commendable” charity care for its patients, the majority of the foundation’s services were not charitable.

The court said, “HSF operates like a profitable commercial business with extensive revenue and assets… HSF is therefore not immune from tort liability under the doctrine of charitable immunity.”

According to the court’s 28-page opinion, the Virginia Supreme Court found that the University of Virginia Foundation "operates more like a for-profit business than a charitable organization."

The court concluded that of the foundation's $225 million in annual income in 2005, charitable work made up less than one per cent.

Another college that will be affected by the ruling is Eastern Virginia Medical School, which also has a nonprofit physicians group called the Academic and Physicians and Surgeons Health Services Foundation affiliated with it.

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Virginia Plane Crash Suit Settled for $15 Million

The family of a surgeon who died in a Virginia plane crash has won $15 million in a wrongful death lawsuit.

Dr. Rizer was killed on March 20, 2003 during an instrument approach to Runway 17 of Leesburg Executive Airport in Leesburg, Va.

Probate Judge Thomas A. Swift approved the settlement in favor of Maria Rizer and Dr. Milisa K. Rizer, the wife and sister of Dr. Franklin M. Rizer, which included $6 million in attorney fees.

According to Judge Swift, the court will divide up the net proceeds of the estate ($8,634,572) between Melisa Rizer; Maria Rizer, Kaylin Rizer Allshouse of Columbus, his niece; and the estate of Wanda Mae Rizer, his mother.

According to the lawsuit filed against Mooney Airplane Company Inc., Mooney Aerospace Group Ltd., Honeywell International Inc. of Columbus and Winner Aviation Corp., the airplane Rizer was in had defective equipment and instruments on board when it crashed three-quarters of a mile from the Leesburg Airport runway in Virginia.

Honeywell was identified as the makers of the autopilot flight director control system in the lawsuit which stated that “the aircraft experienced catastrophic failures, including avionics and instrumentation failures resulting in the fatal crash.”

The lawsuit also states that the aircraft “experienced catastrophic failures, including avionics and instrumentation failures resulting in the fatal crash.”  Mooney allegedly “failed to disclose that the aircraft had undergone major circuitry rewiring, repairs, troubleshooting modifications and other alterations… The aircraft suffered a continuous stream of avionics and other instrumentation failures during the operation of the aircraft from Kerrville, Texas, to the airport in Vienna.”

Read More About Virginia Plane Crash Suit Settled for $15 Million...

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Seat belts save lives in Suffolk, Virginia accident

The Virginian Pilot recently reported that two drivers escaped a near fatal accident on the Monitor-Merrimac Memorial Bridge Tunnel thanks to seat belts.  The Monitor-Merrimac Bridge shut down traffic for over an hour on February 16, 2008 when one of the drivers attempted to change lanes and struck the other vehicle.  The other vehicle flipped over several times upon impact.  The driver of the vehicle which flipped over was trapped in her truck for some time before rescue personnel could get her out.  Fortunately both drivers were wearing their safety belts which saved them from more serious or fatal injuries. 

The National Highway Traffic Safety Administration reports that in 2006 42,642 people were killed in automobile accidents.  Although this number is still too high, it reflects is a 2% decrease since 2005.  Of those fatalities, only 45% involved restrained drivers.  That means that an astonishing 55% of the occupants involved in fatal car crashes were not using their seatbelts.  Even more upsetting is that nearly 64% of the fatalities which occurred at night involved unrestrained occupants.

Don’t be another statistic.  Make sure you tell your loved ones, children, and friends to always wear their seatbelt.  If you or anyone you know has been injured in an accident, please give us a call.  We will help to ensure that your interests and rights are protected.  

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Norfolk Southern stock goes up, increase in traffic on Virginia railroads

Norfolk Southern stock goes up, increase in traffic on Virginia railroads

The Virginian Pilot reported that Norfolk Southern's stock has risen to 9.6 percent on January 23, 2008, closing at $ 49.41 a share.  The Norfolk Southern railroad company has tracks which run through 22 states on the East Coast.  This locomotive giant is benefiting as more cargo is being shipped through East Coast, rather than West Coast.  Congestion at West Coast ports has a lot to do with the shift to East Coast railroads for shipping. 

In 2003, about 20 percent of Norfolk Southern's international traffic moved through East Coast ports, ending up on East Coast railroads.  At the end of 2007, 50% of the railroad's import container business arrived via the East Coast. 

If you are a Norfolk Southern railroad employee who operates or works on the trains, you are more likely to be at risk for injury while working as a result of this increase in railroad traffic.  It only makes sense that if more cargo traffic is flowing through Virginia, Maryland and North Carolina by Norfolk Southern trains, more railroad accidents and/or crashes could result. 

Railroad injuries are governed by the Federal Employers Liability Act or FELA .  If you are injured while working on a railroad or on the train itself, call our firm to discuss your case.  We have many years of experience in litigating under FELA and some of our employees are former railroad employees.  

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Caution: Drunk Drivers Ahead

As personal injury attorneys in Hampton Roads, Virginia, we frequently deal with injuries resulting from car accidents caused by drunk drivers. According to a recent article in The Virginian- Pilot, Democratic Delegate Lionell Spruill of Chesapeake, Virginia is proposing a bill that would require repeat drunk drivers to mark their vehicles with bright yellow license plates. The bill, HB 1281, would require people with three or more DUI convictions to keep yellow plates with red lettering on their cars for five years after getting their licenses back.

According to another Virginian-Pilot article, approximately 10 percent of all intoxicated drivers in the Commonwealth of Virginia are caught in Virginia Beach. This information definitely hits too close to home.

If this bill were passed, what would be the result? Would everyone on the road near a yellow tagged vehicle swerve to get out of harm’s way? It seems a good suggestion. Sadly, many of those driving under the influence are managing to fly under the radar. Worse yet, many of them won’t be caught until it’s just too late and someone else has suffered an injury, or even worse-death, at the hands of these reckless drivers. It’s good to see that legislators are recognizing that law enforcement alone is not enough to prevent drunk driving. If implemented, perhaps these yellow tags will save someone’s life or prevent another automobile accident. Maybe the stigma of driving with this yellow tag will send some drunk drivers the message and deter them from getting behind the wheel while intoxicated.

Here at Shapiro, Cooper, Lewis and Appleton, we hope that you and your loved ones never suffer due to a drunk driver’s negligence. If you have, please contact our firm and we will work with you and your family to help you recover fully from the injuries caused by a car accident, especially one caused by an intoxicated motorist.

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Use of Seat Belts Saves Lives in Virginia (VA)

In 2007, Virginia (Va.) suffered 1,012 deaths on highways according to preliminary statistics which makes it the deadliest year since 1990. There is an indication that several of these fatalities were contributed to by either drivers or passengers failing to properly utilize seatbelts. Of course, many of these accidents were probably caused by speed or alcohol and the victims had little chance, if any, regardless of the use of safety restraining devices. On average, 38% of highway fatalities are alcohol related according to the Virginia Department of Transportation. Virginia showed a 40% decrease in 2007 over 2006 in alcohol related fatalities which is attributable in part to increased enforcement of safety restraining devices in cars. However, car crashes are still the leading cause of deaths for Virginians under the age of 30. VDOT reports that wearing a seat belt can reduce the risk of dying in a car crash by 45% and by as much as 60% in a truck or a SUV. Based on these statistics, common sense indicates that the utilization of seat belts by drivers and passengers is a good way to prevent injuries related to automobile accidents as well as fatalities.

As a lawyer who works on wrongful death cases arising from car wrecks, I know your loved ones would rather have you alive than have an insurance claim for your death on the road. Buckle up to keep your family from needing to hire an injury attorney to help them pick up the pieces after a tragedy.

 

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Merck Settles Vioxx Claims for $4.85 Billion

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Family Members Who Contract Asbestos Cancers-“Take Home” Asbestos Cases Create Difficult Legal Issues

What happens if an employee carries asbestos home on their clothing, and decades later a spouse or even a child contract asbestos induced cancer (mesothelioma terminal cancer) and the only known source known is from the parent who worked at a plant or factory?
The answer is many courts around the country have a allowed such claims but some states have denied liability of the employers on the argument that the family member did not have a “foreseeable” cause relationship with the employer. Some courts have reasoned that its foreseeable that the employee could develop the disease, but not the family member who never even went to the employment place/factory.

These so called “take home” asbestos cases are creating controversy around the country. In August, 2007 an appeals court in Washington State reversed the dismissal of a suit by a spouse of a Kimberly-Clark employee who merely washed her husband’s clothes nightly and then developed mesothelioma asbestos cancer. Washington’s court ruled the suit should go forward. However, also in 2007 a Michigan Supreme Court ruled otherwise and found that the Ford Motor Company did not have a duty to protect the step-daughter of a former worker, because she had never been on Ford property. Mesothelioma cancers develop over 30-50 years and this explains in many ways why these cases are still arising now. A case arising now can relate to exposure of a worker in the 1950's, 60's or 70's. As of now, the highest state courts in Georgia, Michigan, and New York have rejected these “take home” suits but New Jersey and Indiana have allowed them, along with Washington state.
In Virginia, where our law firm is based, a court recently allowed a Plaintiff named Mitchell to proceed against Dupont where a parent brought the asbestos on work clothes into the home, and his wife later contracted mesothelioma. In the Mitchell case in Virginia, according to the court’s opinion and published reports, Mr. Mitchell had been an engineer for Dupont in Virginia where he was regularly exposed to asbestos. The court ruled that Dupont knew or should have known that asbestos exposure was involved in Mr. Mitchell’s employment but the court ruled that it failed to warn he or his wife of any dangers about the possible at-home exposure to asbestos fibers. The Virginia court decided the “test” wast whether it was reasonably foreseeable that the consequences of Dupont’s actions, considering that it used a dangerous instrument or article, in a manner and under circumstances in which Dupont knew or should have known that it could likely produce injury.. The Plaintiffs in Mitchell argued that asbestos is a dangerous article. Mitchell argued that Dupont had a duty to take actions to prevent reasonably foreseeable harm to others such as Mr. Mitchell’s wife.
However, the Mitchell case has not reached the highest court in Virginia but it is strong authority that Virginia permits these types of claims, if the evidence reaches the level examined by the Court in the Mitchell case.

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FDA Questioning Cold Drug Ingredients

Sudafed's manufacturers recently swithced from pseudoephedrine to phenylephrine after the passage of a new law which required all pseudoephedrine products to be kept behind the counter.  Following the change, researchers at the University of Florida have petitioned the government to examine the new ingredients used in Sudafed, arguing that the new products may not work in adults or even be safe for child consumption.

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Banked Blood May Lack Vital Compenent

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Graco Recalls Cribs After 3 Deaths

According to the U.S. Consumer Product Safety Commission, Simplicity cribs are being recalloed following infant deaths.  The cribs, which are designed in a way that allow the drop-side wall to be installed upside down, create a gap that can be deadly when children become trapped.

The following crib model numbers are being recalled: 4600, 4605, 4705, 5000, 8000, 8324, 8800, 8740, 8910, 8994, 8050, 8750, 8760, and 8996.  The model number can be found on the envelope attached to the mattress support and on the label attached to the headboard.

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Labor Day Holiday Brings Major Increases in Car Accidents and Deaths on the Highways in Virginia, and Elsewhere

Most of us take advantage of Labor Day weekend by enjoying the last bit of summer before we welcome the fall season. Oftentimes this involves cookouts, parties, and other gatherings of people to celebrate the three-day weekend. Unfortunately things don’t always go as planned – with a holiday oftentimes comes an increase in car and truck accidents and related injuries and fatalities. In many cases, this is due to an increase in alcohol consumption and the recklessness involved with drinking and driving, perhaps even more at beach and waterfront areas, like Virginia Beach, Norfolk, Hampton and other coastal cities in nearby North Carolina (NC) areas like Nags Head, Kitty Hawk, Kill Devil Hills, Corolla, and Manteo.

This increase in car accidents and fatalities during holiday weekends is not a matter to be taken lightly. Labor Day weekend 2007 produced more motor vehicle-related fatalities in Virginia (VA) than any other Labor Day in the past ten years, with 19 persons losing their lives due to someone’s alcohol consumption, speed, inattention, or inexperience. 11 people died on Virginia (VA) roads during this same weekend in 2006, while 14 were killed in car or trucking/car accidents during Memorial Day weekend 2007. Among those killed and suffering personal injury in these accidents were people of all ages, creeds, and economic classes.

During the holiday weekends, Virginia and North Carolina residents, please remember to take care when driving. About 30 percent of traffic fatalities each year in Virginia are alcohol related, so remember, don’t drink and drive. And if you or a loved one has been the victim of someone else’s negligent driving choices, please contact our personal injury law firm, Hajek Shapiro Cooper Lewis & Appleton, to talk about your rights as we offer free consultation. Again, “all we do is injury law” every day, every year.

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Diabetes May Hike Death Risk From Pneumonia

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Coal Mining Tragedy

People across the nation have been following the story of the six miners trapped in a Utah coal mine. This weekend, after a sixth borehole pierced the mine shaft where the men have been trapped for over three weeks, their families are in agony. Not only were the miners not found, but the area discovered was too debris-filled and the air too deplete of oxygen to sustain life. Some are now questioning whether the mine was safe enough for the men to be working there in the first place. It has been suggested that the Mine Safety and Health Administration (MSHA) has been accommodating the coal mining industry at the expense of safety, and that coal mining companies are exchanging the safety of their workers for more productivity. The fact that there were more coal mining deaths last year (47 deaths) than in any other year for over a decade suggest that the claims may be founded.
The safety of coal mines is of great concern for many residents of West Virginia and Virginia, places where coal miners are hard at work. In fact, West Virginia leads the nation in underground coal production, directly employing over 40,000 West Virginians and accounting for about 50 percent of U.S. coal exports. 26 West Virginia counties produce coal, with McDowell County, WV leading the way. Coal mining also occurs in Virginia (VA) in the counties of Wise County, VA, Dickenson County, VA, Lee County, VA, Buchanan County, VA, Russell County, VA, Scott County, VA, and Tazewell, VA.
Unfortunately, coal mining fatalities and injuries have occurred in West Virginia (WV) and Virginia (VA) coal mines. In 2006, a total of 25 people died in West Virginia (WV) coal mines. The Sago mine, the mine where most of those deaths occurred, had been cited for having had over 200 violations the year before, 96 of which were considered “significant and substantial.” The total number of violations written by WVMHS&T inspectors in 2005 was actually over 10,000. And we are still hearing about even more injuries and fatalities occurring as the result of the negligence of coal mining companies. In fact, just a few weeks ago (July 26,2007) MSHA cited the operator of a West Virginia (WV) coal mine for a roof fall that fatally injured several workers.
If you or a loved one has been killed or suffered a personal injury in a coal mining accident, please feel free to contact one of our personal injury lawyers at Hajek, Shapiro Cooper Lewis & Appleton, as several of our lawyers are licensed in West Virginia as well as Virginia.

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Duke Patient Blames Surgical Tools for Illness

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LA Surgeon Accused of Hastening Man's Death

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U.S. News Releases List of Top Hospitals

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Railroad Injunction Suit Fails Against F.E.L.A. Claimants

Four FELA Plaintiffs filed suit in Richmond, Virginia Circuit Court against CSX. Over objection of Plaintiff, venue was transferred to a rural county in Virginia, Southampton County. After the venue transfer orders were entered, all four Plaintiffs took nonsuit entered by the Southampton County Circuit Court. A Virginia nonsuit is similar to a dismissal without prejudice, but gives certain special “savings” rights of refiling the Virginia suit either in the circuit court where the nonsuit was entered, or in a federal court.

Rather than refiling in the state or federal courts of Virginia, three of the FELA Plaintiffs chose to re-file their actions in Jacksonville, Florida state court. One of the four Plaintiffs filed suit in North Carolina state court, as the particular Plaintiff was a resident of North Carolina.

CSX Transportation Inc. filed for injunctive relief in Southampton County, circuit court Virginia, asking the court to enjoin all four Plaintiffs from proceeding with their FELA actions except in Southampton County circuit court, Virginia. CSX asserted that the Plaintiffs were blatantly forum shopping and should be enjoined, and sought attorneys fees. CSX argued that once the Plaintiffs initially filed their actions in Virginia, and nonsuited the actions in Virginia, that the Plaintiffs were limited to proceeding in that Virginia state court under the Virginia nonsuit statute’s venue limitation clause, Virginia Code sec 8.01-380.


The railroad workers, in response:
1. Entered a special appearance objecting to jurisdiction because the four nonsuit orders were final orders from the previous action, and since the actions were nonsuited they that could not be acted upon by the court as they became final orders months earlier;
2. That a line of U.S. Supreme court cases has held that injunctive relief may not be entered by a state court, enjoining a sister state or federal court from proceeding with a FELA action;
3. That CSX had adequate remedies at law and therefore injunctive relief was not appropriate. The adequate remedy at law was challenging the jurisdiction or venue basis of the re-filed FELA actions in the other states.
The workers counsel argued that a trilogy of U.S. Supreme court cases beginning with Baltimore and Ohio R.R. Co. v. Kepner, 314 U.S. 44 (1941), Miles v. Ill. Central R. Co., 315 U.S. 698 (1942), and Pope v. Atlantic Coast R.R. Co., 345 U.S. 379 (1953) which made clear that a state court does not have the power to enjoin a FELA Plaintiff from proceeding with a FELA action in a sister state. Further, the workers noted that CSX, in defending the re-filed actions in other sister states, were challenging venue and jurisdiction and this was the appropriate legal remedy for CSX. Last, the workers counsel made note that Virginia had interrupted its own state nonsuit statute, Virginia Code Section 8.01-380, as being a venue limitation statute that controlled intra-state venue selection after nonsuit and not venue between the state of Virginia and a sister state or a foreign nation’s jurisdiction. Clark v. Clark, 11 Va. App.286 ( 1990 )
One interesting research note that arose from this injunction was that the FELA, at 45 U.S. Code Sec 56, permits concurrent state and federal court jurisdiction, however, in the late 1940's, the Congress enacted the Federal forum non conveniens statute 28 U.S. Code Sec 1404 (a) partially in response to “vexatious” forum shopping by FELA Plaintiffs. However, at the time of the passage of the Federal forum non conveniens provision in the U.S. Code, Congress took up, but rejected, an amendment that would also provide that the forum non conveniens statute applies to state court actions. In ruling in the last of the trilogy of these venue/injunction cases, the U.S. Supreme court in Pope noted that workers were harassing employers in distant forums without restriction, and went on to note that adding state court forum non conveniens “prevailed in the House” but that the amendment “died in the Senate Judiciary Committee” and “section 6 of the Federal Employers’ Liability Act was left just as this court has construed it” (referring to the Miles case above), Pope, 345 U.S. 379. The upshot of the U.S. Supreme court trilogy of cases is that state venue statutes may not discriminate against FELA Plaintiffs who are nonresidents of a forum state. In detailed analysis, the U.S. Supreme court discussed the fact that states could enact non-discriminatory intra-state venue laws, so long as they did not adversely discriminate against nonresidents or nonresidents FELA Plaintiffs. With the recent proliferation of venue restriction statutes around the nation, FELA practitioners must carefully review the U.S. Supreme court decisions to determine whether any particular state venue statute may encroach on rights granted by the Federal Employers’ Liability Act, as interpreted by the trilogy of Supreme Court cases culminating with the Pope decision.

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Keeping our Kids Safe: Alarming number of injuries/deaths of children in DUI/drinking accidents

On May, 19, 2007 a 6 year old boy was killed in Portsmouth, Virginia (VA) when his father ran the SUV off the road, crossed the median, struck a guardrail and overturned. The father had been drinking, and using illegal drugs the night before. He was not only speeding, driving recklessly but was driving with a suspended driver’s license. The kindergarten boy was ejected from the vehicle and died.

According to Mothers Against Drunk Driving (MADD) between 1997 and 2001, 1,985 child passengers died in alcohol-related crashes over two-thirds of these children were killed while riding with a drinking driver. MADD has identified common problems surrounding this type of child endangerment.

The most common problems are:

Cases are not properly charged, resulting in a lack of prosecution;

Properly charged cases are often plea bargained down or dismissed;

Reports made to child protective agencies are not documented or investigated;

There is a general lack of awareness of the breadth and scope of the issue;

Divorced parents who are confronted with this issue face legal challenges and the financial risk of subjecting themselves to civil contempt actions by refusing visitation privileges;

Many lack the financial resources to seek relief in the civil court court system.

Child abuse or neglect is defined in Black's Law Dictionary as:

"When a child's parent or custodian, by reason of cruelty, mental capacity, immorality or depravity, is unfit to properly care for him or her, neglects or refuses to provide necessary physical, affectional, medical, surgical or institutional care for him or her or is under such improper care or control as to endanger his or her morals or health."

Child endangerment as it pertains to impaired driving falls into the above legal definition of child abuse. An impaired parent or caregiver who knowingly puts a child in the car with the intent to drive is making a choice. This choice falls under the "improper care…as to endanger his or her [the child/children's] morals or health."


Alcohol-related motor vehicle crashes kill someone every 31 minutes and non-fatally injure someone every two minutes. More than half of the 414 child passengers ages 14 and younger who died in alcohol-related crashes during 2005 were riding with the drinking driver. Forty-eight children age 14 years and younger were killed as pedestrians or cyclist were struck by impaired drivers according to the National Highway Traffic Safety Administration.

Despite the severity of the punishment for driving under the influence with a child in the car on a reasonably regular basis, law enforcement officers report making DUI arrests of people who have children in their vehicles.


Many of our clients do not realize that Virginia, North Carolina, and most other states usually allow a spouse or child to make a personal injury or wrongful death claim (and/ or file suit) against another spouse or parent. This odd situation arises when a careless parent causes the wrongful death of their own child, or causes serious personal injuries. Virtually every car insurance policy would provide liability coverage to the driver/parent, despite the claimant being a spouse or even a child. A guardian or "next best friend" is appointed for purposes of being the child's representative in a lawsuit of this type. Often, the difficult decision becomes economically obvious. There may be no source of compensation for the spouse or child's injuries otherwise. We have handled many injury claims where a wife recovers from a husband, or where the back seat passenger children must make a personal injury claim against the driver/parent.

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CSX Raises Speed of Trains in North Carolina

In Matthews, North Carolina (NC) CSX train speeds will be increased. On July 15, 2007 it will increase from 30 to 40 mph and then again on July 22, 2007 to 49 mpg. CSX states that the higher speeds will increase the efficiency of train operations, reduce the waiting time for motorists, and shouldn’t increase the danger. CSX says that the public will probably not notice a difference since there will still be a standard 22 second warning light. Matthews, North Carolina (NC) has railroad crossings on Campus Ridge, Tank Town, and Crestdale roads.

Here are a few tips to follow while at railroad crossings, offered by CSX: Never try to beat a train because it takes up to a mile for a train to stop after the emergency brake is applied. Always expect a train at the crossing and look in both directions to see if a train is going by.

Our law firm specializes in suing the major railroads, like CSX, Norfolk Southern, and Amtrak, so we watch what they do closely. Railroad crossings accidents are fairly common and it is the occupant of the motor vehicle who is likely to be killed or seriously injured in one of these wrecks. Be careful as railroad companies often see claims for death or injury at crossings as just a cost of doing business.

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Chesapeake, Virginia (VA) Parents’ Lawsuit for Dog Attack

Kayla, an 8 year old girl from Chesapeake, Virginia (VA), was mauled by a pit bull on March 8, 2007. The child was rushed to Children’s Hospital of the Kings Daughters in Norfolk, Virginia (VA). She was delivering Girl Scout cookies when the dog lunged at her arm, leaving her with 70 to 100 stitches. The parents sued to recover for the child’s injuries in the Chesapeake Circuit Court, in Chesapeake, Virginia (VA).

Barbara Waters, Cecil Hawk, and Sherry Hawk, the defendants in the case, were described as either the owners, keepers or harborers of Dixie, their pit bull. Dixie was euthanized at Chesapeake Animal Control. The family’s medical damages were more than $20,000 and their attorney is seeking $250,000 from each defendant.

As lawyers handling accident and injury cases in Hampton Roads, Virginia (VA) we have had numerous clients hurt by dogs and careless pet owners. The trick is to find homeowner’s insurance coverage. This insurance is the type that pays the recovery in dog bite cases. You hope you don’t get attacked by a dog, but if you do, hope that the pet owners have home owners’ insurance, or you may be without a recovery for your injury.

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Virginia (VA) Man Injured by Negligent Driver Settles Case

On April 2005 at 5:45 a.m., while driving on US 29 in Centreville, Virginia (VA), the defendant made a left turn, blocking the plaintiff’s vehicle. Testimony from an eyewitness stated that the defendant’s tractor trailer was not visible at the time of the crash. The plaintiff suffered a transverse acetabular fracture, right-side rib fractures and a crush injury to the left wrist causing him to undergo extensive reconstructive surgery. The 38 year old also had a hip replacement and will now walk with a cane for the rest of his life.



A suit was filed against the driver, his employer, and the owner of the tractor trailer in Fairfax County Circuit Court in Virginia (VA). According to the Virginia Lawyers Weekly the suit alleged negligence “per se” based on numerous safety violations, including the failure of the driver and company to properly inspect the vehicle to insure that the trailer was equipped with proper safety equipment. After suit was filed the case was settled for $700,000.

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Truck Drivers at Risk from Accidents and More

1.3 million long-haul drivers need serious medical attention. Nearly 15 percent of truck drivers in the U.S die from work related accidents as published in The Virginian Pilot. New research has shown that truck drivers are at an elevated risk including numerous health problems such as obesity and smoking. 25 percent have sleep apnea and 50 percent are smokers. The Federal Motor Carrier Safety Administration is considering the possibility of tightening health requirements in the trucking industry. They already have requirements for diabetes and high blood pressure.

As a personal injury and accident lawyer in Virginia Beach, Virginia (VA), I was amazed by that first number that over 1of every 10 truck drivers will die from wrecks behind the wheel of a semi. Wow! This makes it another dangerous job in transportation right up there with railroading which has historically been one of the nation’s most hazardous jobs.

Our firm has seen a rise in accident lawsuits where the at fault driver claims to have blacked out. Then, we as the plaintiff’s attorney must get into the driver’s medical records to see if they had a sudden emergency as claimed, or negligently failed to get care for sleep apnea, diabetes, etc.

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Infant Settlement of $8.35 Million in Portsmouth, Virginia (VA)

While a passenger in a car being driven on Tidewater Drive in Norfolk, Virginia (VA), a four year old girl was injured by a speeding car. The defendant was late to an appointment and sped through a red light, hitting the car in which the child was a passenger. The child was left in a coma for 14 days and, when she woke up, had apparently suffered extensive brain injuries.

She then underwent 30 days of rehabilitation at Children’s Hospital of the Kings Daughters. Doctors performed a number of tests and scans, revealing many behavioral and memory problems. She was diagnosed with a severe traumatic brain injury, brain dysfunction, and attention-deficit disorder. The insurance company for the at fault driver claimed that the girl was an average student and that with medication her problems would be under control. However, the Plaintiff’s experts stated that she would need 24 hour supervision in a care facility.

The large settlement was recently achieved by lawyers from Norfolk, Virginia (VA). They must have done a great job for the family of the injured girl. The lucky thing is that there was lots of insurance available from St. Paul Travelers and Royal and Sun Alliance Insurance Companies. The Defendant was an employee of a local TV station which resulted in the large commercial insurance policy. With a brain injury, having a deep pocket is important because of the huge future life care costs to the injured person.

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Fireworks in North Carolina (NC) and Virginia (VA) Pose Danger

There were at least 300 calls to 911 operators in the Virginia Beach, Virginia (VA) and the Outer Banks (NC) areas on July 4, all of which dealt with the illegal use of fireworks. With the dry climate many brushfires were also called in from Portsmouth, Virginia (VA), Chesapeake, Virginia (VA), and Manteo, North Carolina (NC). Some of these brushfires were even caused by professional pyrotechnics.
Norfolk, Virginia (VA) authorities confiscated over $15,000 worth of fireworks from people illegally selling them to Virginia (VA) residents. These profiteers may receive 12 months in jail and fines of up to $2,500.

Fireworks may be fun to watch and use during the holidays, but can be very dangerous and cause serious personal injuries, burns, eye injuries or permanent scarring. Faulty and defective fireworks can also lead to products liability claims, if they cause injuries. If you or a loved one has been injured due to the negligence or carelessness of others, please call our law firm.

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Errors in the Healthcare System Could Potentially Kill You

About 98,000 people die a year because of a mistake made by health professionals, making medical error the fifth leading cause of death in the U.S. Many of these deaths are caused by the lack of communication between your health care providers. This however may be prevented by the acute care clinical information system (CIS) which has all of your records on file. This computer has the power to store and revise information including: medical records, medications, lab results, and current treatments. Simple errors shouldn’t cost you you’re life. As hospitals and doctors get more up to date with technology, many medical mistakes of the past can be avoided, like prescribing conflicting drugs.

If you have suffered because of an error made by a health care professional contact Hajek, Shapiro, Cooper, Lewis, & Appleton. Your health is important to your family and us. It never hurts to call an injury lawyer as we work only on a percentage basis, so unless you make a recovery you owe us nothing.

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Elderly Woman Conned by Insurance Company

Vera Smith purchased a policy from Penn Treaty which promised her that she and her family would be protected from her medical costs as she aged. Penn Treaty promises that your “home” is “your personal residence, whether it be in a private dwelling, a home for the retired or aged, or a residential care facility”. In 2000 she upgraded her policy, but many benefits were dropped from her old plan.

As Vera became older and battling Alzheimer’s, she was forced to move in with her daughter. Her daughter built an add on, which was handicap accessible and called Penn Treaty to let them know of the change of address. However, Penn Treaty did not accept this living arrangement because it was not the policy’s definition of “home.” Vera’s daughter sent in pictures of the home addition and receipts for the lease her mother paid her each month (which she signed being power of attorney for her mother). But Penn Treaty still did not accept this, saying that they did not accept anything signed by another person besides Vera. Penn Treaty continued to deny benefits but Vera’s daughter remained persistent, filing a bad-faith complaint in state court which the insurer finally settled.

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Virginia (VA) Woman Killed by Reckless Recreational Vehicle (RV)

According to a published report in the Virginia Lawyers Weekly, a major Virginia (VA) wrongful death claim recently settled. Driving down I -95, Jeanette Walker, experiencing car problems, pulled onto the shoulder and stepped out of the car, leaving her 3 children in the car. While she was walking towards a nearby exit, an oncoming recreational vehicle (RV) swerved off the road. The impact of the recreational vehicle (RV) was no match for Ms. Walker and she later died at the Medical College of Virginia Hospitals in Richmond, Virginia (VA).

The recreational vehicle (RV) was owned by a man in New Hampshire, but was being used at the time by a 16 year old, Travis Salo, and his 6 teenage friends. Salo told police at the scene that he fell asleep behind the wheel on their journey from New Hampshire to Florida. Nationwide Insurance Company offered $300,000 in coverage on the recreational vehicle (RV) and Allstate Insurance Company offered $100,000 coverage on defendant Salo. The recreational vehicle (RV) owner had an umbrella policy on the recreational vehicle (RV), but Nationwide initially refused to increase the offer of settlement. The case was settled for 1.5 million during seven hours of mediation.

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New Dog Registry Allows Virginians to Find Dangerous Dogs

This month the Department of Agriculture and Consumer Services brought to the public the new online dog registry in Virginia (VA). This registry is for dogs deemed dangerous by a judge. Using the website, www.vdacs.virginia.gov, you can find dogs in your area by simply typing in your ZIP code.


Many dog owners however feel that it is unfair to bunch dogs that have killed people with ones that have only caused minor damage. They also hate that they have to go through such great lengths to keep their dogs, such as acquiring insurance for up to $100,000 as well as abiding by the registry requirements which include: paying the state $100 and local government $35 annually. If these fees are not paid, owners are liable to receive up to a year in jail and a $2,500 fine.

Dog bite injuries are a serious problem. Many times the victim of these accidents is a child and the resulting medical problem is a facial injury and scarring. As a firm, we have helped Virginia (VA) families with these often tragic cases. The new Virginia (VA) registry may help us win these dog bite lawsuits by increasing the available proof of notice of danger to the owners and the available insurance.

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Attorney John M. Cooper to Present at Lawyer Seminar in Virginia Beach, Virginia (VA)

John M. Cooper of Shapiro, Cooper, Lewis & Appleton will be teaching to other personal injury attorneys on September 25, 2007 at the Holiday Inn Executive Center in Virginia Beach, Virginia (VA). The seminar is entitled How to Successfully Resolve Automobile Injury Cases. Mr. Cooper received his B.A. from University of California at Berkeley and his J. D. degree from the University of Virginia. John M. Cooper has lectured at Eastern Virginia Medical School (EVMS) on Medical Malpractice issues and for the Virginia Trial Lawyers Association on trial issues. This 5 segment program taught by John Cooper will give Virginia attorneys new strategies to use in their own trials involving automobile injury cases. They will learn the following: Initial Considerations for the Plaintiff, Defense Planning for the Automobile Accident Case, Favorable Settlement Methods and Proposals, Ethical Considerations, and Winning Trial Techniques.

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Railroads Seeking Younger Generation of Workers

With an extreme shortage in employees, from many older employees retiring, and going out on occupational disability, railroads are turning to a younger crowd. The Association of American Railroads (AAR) estimates that in the next five years 80,000 new rail technicians will be needed. Union Pacific is recruiting everyone from high school graduates to engineers and those with military backgrounds. Most workers average an income of about $67,000 a year plus benefits.

The reason for this sudden need for railway workers came about in 2001 when employment laws changed. The law allowed workers having 30 years or more of experience to retire at the age of 60 (U.S Railroad Retirement Board). The demand for railroad workers has increased from numerous factors besides retirement. The Virginian Pilot noted: “These include the growth in container shipping; limits on how many hours long-haul truckers could drive; soaring gas prices; the Wyoming coal boom; and the demand for Midwestern corn for ethanol development.”

The railways are spending 9.4 billion to increase rail capacity according to The Association of American Railroads (AAR). This is because railroads are hauling freight more than ever. 5.8 million Carloads were hauled in the first few months of 2007 which leaves an ever increasing need for workers right now. However, much experience will be lost from the workers who are retiring. The new workers replacing them will not have as much experience and will therefore be more prone to personal injuries.

We routinely represent rail workers hurt on the job in FELA cases. Our law firm finds that younger workers may be less aware of their FELA rights to make claims for injuries against their railroad company employers. The newer rail worker, whether conductor, engineer, track man, or car man, is more likely to have a catastrophic loss like brain injury, broken bones, loss of limb, or even death, often because of insufficient training.

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New Driving Safety Laws Take Effect in VA

With the ever enlarging rate of car fatalities and injuries, new laws have been put into effect by the Virginia (VA) legislature. These new Virginia (VA) laws are to include the following:

The mandated age for safety seats, which previously required these seats for any children under the age of 6, has now been raised to the age of 8.

Some of Virginia Beach’s stop lights will now have security cameras on at all times to catch red light violators who will be mailed their tickets.

Bad driving will now have worse consequences attached. For every major violation, a heavy fine will ensue. Drivers under the influence will receive fines up to a total of $2,250, reckless drivers may receive $1,050 in fines, and suspended license drivers might be charged $750. These fines will be used for Virginia Beach (VA) transportation work.

Cell phones will now be illegal in cars by drivers under the age of 18. Penalties are to include heavy fines and/or loss of license.

These new laws and more can be found at http://legis.state.va.us/

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Staph Superbug May Strike 5% of Patients

Read More About Staph Superbug May Strike 5% of Patients...

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North Carolina House Approves Binding Arbitration in Med/Mal Cases

The North Carolina House of Representatives bill allows parties who both agree to binding arbitration to pursue it. In binding arbitration, each side presents his case to a neutral judge who determines what a fair value of the case is. This bill aims to "fast-track" smaller cases only, as it limits the amount of damages to $1 million.

Read More About North Carolina House Approves Binding Arbitration in Med/Mal Cases...

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Is Hampton Roads, Virginia (VA) motorist relief plan stalled?

As a resident of Norfolk, Virginia (VA) who commutes to Virginia Beach, Virginia (VA) for my work as a personal injury lawyer, I have watched with interest the progress our local Hampton Roads, Virginia (VA) governments are making to approve a road plan to get traffic moving better in Southeastern Virginia (VA). My commute is actually a reverse one going from Norfolk, Virginia (VA) to Virginia Beach, Virginia (VA) in the morning when most workers are going the opposite way. However, traffic in Hampton Roads, Virginia (VA) has gotten bad enough to almost catch up with the traffic snarls for motorists in Northern Virginia (VA), outside of Washington D.C. This year the Virginia (VA) Legislature approved a plan that would allow the local governments to tax themselves to provide funds for road projects here in Hampton Roads, Virginia (VA). In order for this plan to pass 7 of the regions 12 localities must approve it. Thus far, the majority of the Tidewater, Virginia (VA) area residents already approved the plan by the vote of the City Councils in Virginia Beach, Norfolk, Portsmouth, Newport News, and Williamsburg, Virginia (VA). James City County voted yes on June 13, 2007. Three area municipalities have already voted no namely York County, Hampton, and Poquoson, Virginia (VA). One has indicated that it will probably vote no to improving the roads and those are, namely, Chesapeake, Virginia (VA). The Chesapeake vote is ironic because most of the new roads that will be funded by the plan will be in Chesapeake. That leaves that the fate of area motorist in the hands of the leaders of Isle of Wight, as well as the City of Suffolk. One of those three counsels must approve the plan, or it won’t happen. The problem is even with this plan the traffic problems will only begin to be addressed in the next 5 years. Without the plan there is almost no chance of any relief for a decade. One valid complaint about the road plan is that, instead of the Virginia State Legislature taxing everyone across the state to provide for the states road needs, they have pushed the problem onto the local governments. This is certainly less than perfect. However, this compromise plan to improve the roads is better than no improvement at all.

Although, quality of life and economic vitality are the main reasons why Hampton Roads needs highway funding, there are also public safety issues. Crowed roads and stop and go traffic on major highways are a big problem leading to automobile accidents and injuries. One of the main reasons that people have car crashes is because of variable speed of different vehicles on the road. One truck is trying to go 65 miles per hour as the expected speed on a major highway like Interstate 64 East in Norfolk, Virginia and a car is suddenly slowing to 30 miles per hour because of breaking vehicles ahead before the interchange heading to Chesapeake. This is a situation ripe for a collision. The truck may not be able to stop quickly enough because of the way brakes work on tractor trailers. The big rig could end up jack knifing or going out of control as a result of locking up his brakes in an effort to stop or slow suddenly because of the unexpected traffic.

Another scenario where wrecks regularly occur is also caused by highway bottlenecks for instance, when the traffic is really thick during the morning on Interstate 264, going from Virginia Beach, Virginia (VA) into downtown Norfolk, the cars tend to get more compressed together rather than leaving the space they should between vehicles. If a person driving a minivan drastically slows because of the backed up traffic going through the downtown tunnel to Portsmouth, Virginia (VA), the commuter following too close right behind the van may rear end it if the commuter takes their eye off the road for just a second. We all know how common rear end collisions are. Once an accident happens on the highway, there is also a chance of chain reaction wrecks happening behind the first collision, causing more people to be hurt or even possibly killed.

Another problem that can occur as a result of snarled traffic is road rage. Some motorists get out of control angry as a result of being late for an appointment or just inconvenienced by the parking lot traffic trying to cross the Hampton Roads Bridge Tunnel to Hampton, Virginia. They may do something reckless in their driving, like trying to drive on the shoulder, or just being aggressive with their car or truck. Obviously, a person who is not able to control his emotions is a risk to other motorists as well as the passengers in his own car.

Finally, there is the public safety issue of hurricane evacuation. Hampton Roads, Virginia (VA) has the benefit of being on the beautiful Chesapeake Bay and the Atlantic Ocean. This also makes us susceptible to hurricanes and flooding. One of the main things that would be improved as far as public safety by improving the highway system would be to allow people to better escape in the event of an emergency. One of the main evacuation routes would be for residents of Chesapeake to get out of town to the west on route 460 toward Emporia, Virginia, or Petersburg, Virginia. I think it’s inconceivable that the leaders of our Hampton Roads cities would allow this opportunity to fix the road system to pass and expose their citizens to an increased danger of everyday automobile accidents and potential catastrophic harm from having too many vehicles on too little road.

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Organ donation is a silver lining in dark cloud of motorist’s death

According to published reports in the Virginian Pilot, a Portsmouth, Virginia (VA) man received a cornea organ donation from one of the teenagers killed in a recent Virginia Beach drunk driving accident. When two teenage girls were killed in a rear end accident by a drunk driver, the entire Hampton Roads community was shocked and saddened. Although nothing can take the pain away of the loss that these two families suffered in this senseless auto accident, the fact that a young woman had helped another person through this tragedy by her organ donation is heart warming. The transplant surgery on the man’s eye appears to have been successful. The young woman whose wrongful death was mourned by the whole community in Hampton Roads, Virginia (VA) has served as an example to others.

Although I have some hesitation, I have signed my organ donation card as indicated on the back of my Virginia (VA) driver’s license. As a personal injury lawyer in Virginia Beach, Virginia (VA) who hears a lot about the tragedy and loss that can come from car wrecks, I am reminded by this story about the blessing that people can be to help others in this way. There is shortage of donated organs in the U.S. I hope everyone will consider this act of charity which can save lives and improve the quality of life for other people.

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Police pursuits cause injuries and death in Virginia (VA) and Maryland (MD)

According to a report on MSNBC, a high speed chase by police in Prince George’s County, Maryland, of a fleeing motorcyclist led to four deaths and numerous injuries on May 31, 2007. This set of collisions occurred during rush hour on the beltway outside of Washington, D.C. The police were attempting to stop the motorcyclist and instead crashed into a car which went airborne and wrecked into other vehicles causing a chain reaction wreck. Two police officers and two innocent motorists were killed as part of these crashes.

Also in recent days a Virginia (VA) State Police chase in Rockingham County, Virginia (VA) led to the a collision between a fleeing vehicle and another innocent motorist. The pursuit continued for about 5 miles, reaching speeds of up to 75 miles per hour. As reported in the Daily News Record by David Reynolds, in Harrisonburg, Virginia (VA) injuries including broken bones resulted from this chase. I was interviewed by the reporter for his article indicating on background the rights of individuals in this situation to make insurance claims for their bodily injury and wrongful death. As a personal injury lawyer out of Virginia Beach, Virginia (VA) who regularly handles cases throughout the state, I know of the relatively high number of crashes and fatalities caused by police pursuit situations. Obviously, anytime the fleeing driver strikes another motorist as occurred in Rockingham County, north of Harrisonburg, the at fault driver can be sued for causing a wreck and injury.

It’s also possible that suits can be filed against the individual police officers or the police departments involved in these situations. Normally, a police officer who is in an emergency situation cannot be held liable for ordinary negligence but have to be grossly negligent in Virginia (VA) in order to be held responsible. However, gross negligence can be shown if the officer recklessly violated his department’s guidelines governing high speed chases. Each department may have slightly different guidelines about when a Virginia (VA) State Trooper or local police officer is allowed to pursue someone fleeing in a motor vehicle. Normally there are factors that have to be taken into account such as the proximity of bystanders, the road conditions, and the nature of the danger posed by the suspect. Obviously, it makes more sense to chase a fleeing murderer than someone who is only guilty of a minor equipment violation on their car. Additionally, if the officers are not involved in an emergency situation, but simply driving down the road in the normal course of their duties, they are held to the same rules of the road and can be held responsible for their negligence just like any other motorist. Even though the claim would be made against the individual officer, the insurance for the police department would be the company who would pay any settlement or verdict in that situation.

Nationwide there is a debate about high speed pursuits. Between 2001 and 2005 approximately 350 people were killed during pursuit situations according to the National Highway Traffic Safety Administration. The decision for a police officer is often very difficult to make and depends upon a lot of factors that have to be taken into account quickly. However, the situation on the D.C. beltway on first glance appears to be a bad decision by the officer, especially looking with hindsight since police and innocent bystanders were killed.

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Accidental Death Rate Up in America

The nation’s accidental death rate has been gradually creeping higher and is up 12 percent compared to the lowest rate on record, in 1992, according to a report released Thursday by the National Safety Council.

The independent, nonprofit group warned that if the trend continues, the nation could surpass the all-time high of 116,385 accidental deaths, set in 1969.

From 1969 until 1992, the rate of accidental deaths — a number adjusted for population growth — steadily declined. The council credited seat belts and air bags in vehicles, smoke detectors in homes and stiff drunken driving laws with reducing deaths.

Read More About Accidental Death Rate Up in America...

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California Rail Yards Increase Cancer Risk

A recent Los Angeles Times article reported that recent studies by California air regulators indicated people living near Southern California rail yards face cancer risks from soot as much as 140% higher than other residents. “Cancer risk rises for those near rail yards,” Wilson, J., LA Times 5/25/07. The study’s findings are at http://www.arb.ca.gov/railyard/hra/hra/htm. The risk assessments were done as a part of a voluntary agreement by the two major railroads, Union Pacific and BNSF, with the California air board. Local residents were disturbed that the health assessments do not include the risks of respiratory disease, asthma and impaired lung function, all of which have been noted in numerous studies to increase with exposure to locomotive diesel soot. The exclusion of the risks of non-cancerous respiratory diseases was because the state regulations do not call for non-cancer health risks to be included.

Materials included in the studies showed that low levels of soot spread miles from the railroad yards. The UP Los Angeles facility, less than a mile from downtown, spread a fine blanket of soot up to four miles east and north of the yard, increasing the cancer risk for 1.2 million residents. Post studies indicated that ports that feed rail yard present the highest cancer risks.

Such studies raise serious questions about lung cancer and injuries from soot in Hampton Roads, Virginia (VA). The coal piers and railroad yards in Newport News, Portsmouth, and Norfolk, Virginia (VA) likely give off similar air problems. Virginia may not be as progressive at testing for cancer as California (CA). As an attorney who sues the major railroads in Virginia, Norfolk Southern, and CSX, on behalf of employees hurt by the rail carriers’ negligence, I do not trust that they always put public health before profits. I know the black soot that lands on my law partner, John Cooper’s, porch in the Larchmont section of Norfolk, Virginia. I don’t know what its long term health effects are.

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New Virginia (VA) poll uncovers medical malpractice

A recent poll done in Virginia (VA) by the A