Fatal Car Accident Attorney
A death resulting from a vehicle accident is a case where survivors should bring in a fatal car accident attorney immediately to assure that all expenses and losses that occur will be recovered through a compensation award. Whether the fatality resulted from a vehicle accident, an accident at work, or play, or through negligence, product defect, or by a deliberate attack by another person, the courts allow the survivors to ask for compensation for the expenses and damages they incur as a result of the Minnesota wrongful death.
With vehicle accidents there will be property damage claims, and with a fatality, the fatal car accident attorney can help the survivors make claims for lost income, loss of companionship, loss of guidance, loss of future inheritance, medical and funeral expenses, and other damages that will occur presently and in the future. With a vehicle accident fatality, contact a fatal car accident attorney.
Family sues over girl’s death during tornado
For two years, Jaymi Wendt's wrongful death has been blamed on a tornado that ripped through Rogers, carving a 6-mile path of destruction. Now, attorneys for Jaymi's family say it was the poor construction of the house she was in, and not the tornado, that killed the 10-year-old girl.
"The tornado didn't kill the child; faulty construction caused her wrongful death," said attorney Patrick Sauter who represents Jaymi's mother, Jodi A. Wendt, and her brother, Jake Wendt, in a wrongful-death suit scheduled to begin today in Hennepin County District Court. "The tornado didn't harm anybody else," Sauter said last week.
Six people were treated for injuries and 340 houses were damaged in the Sept. 16, 2006, storm that moved so swiftly that weather officials did not have time to sound sirens. But Jaymi's death, which occurred at a neighbor's house built by Monarch Homes Inc. in 1998, might have been prevented had the house's foundation been more sound, Sauter said.
At issue are anchor bolts embedded in concrete blocks -- bolts that might not have been spaced closely enough together or deep enough to firmly secure the base of the house's walls, said Sauter, of the Minnesota Wrongful Death law firm Bassford Remele.
Justice or vendetta? Ruling comes 19 years late
Nineteen years ago, retired car dealer Owen Lynch was gunned down at his North Minneapolis home.
Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger and remains locked up.
But the man accused of putting the gun in Greene's hand and driving him to Lynch's house, Patrick Carline, was acquitted of first-degree murder in a later trial, a verdict that hasn't gotten any easier for Lynch's oldest son to reconcile.
"You think after time things don't bother you? It doesn't go away," Mark Lynch, the oldest of Lynch's 12 children, said this week.
A year ago, Mark Lynch, now 64, filed a civil lawsuit in Hennepin County District Court against Carline for his father's death. The standard of proof in a civil case is lower than the criminal requirement of guilt beyond a reasonable doubt.
In late August, a jury determined that a "preponderance of evidence" showed that Carline "willfully and wrongfully" caused Owen Lynch's death on Sept. 8, 1989. The jury awarded the Lynch family survivors $300,000 in compensatory damages.
But District Court Judge John McShane reversed a decision he had made earlier in the trial and declined to let the jury consider punitive damages against Carline, who maintains he had nothing to do with the killing.
The Lynch family attorney in the case, Richard Malacko, will ask McShane to reconsider today. If McShane rules against them again, Mark Lynch said he intends to ask the state Court of Appeals for a new trial so a jury can consider punitive damages.
Family argues for punishment in man’s death
In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.
Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline "willfully and wrongfully" caused the death of Lynch.
Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline's idea.
Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch's home. Carline, however, was acquitted of murder in a later trial.
A year ago, Lynch's oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.
District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.
Malacko argued today for a new trial on the issue of punitive damages. Carline still hasn't been punished and a jury should hear some additional evidence, Malacko said.
McShane asked, "What do you say to deterrence, that punitive damages are supposed to be a deterrent?" He said that Carline hasn't committed another criminal act.
Malacko said we are a society of laws and people need to know that when they participate in a crime, they will be held accountable. "We need to send a message," he said.
Minnesota Lawsuit rejected in case of priest who killed two
A Minnesota wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was "too remote" to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson's suspected temper, child pornography and violent tendencies, Lenz said, "it would appear such negligence would not have brought about such harm."
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O'Connell, 39, were shot to death Feb. 5, 2002, inside the O'Connell Family Funeral Home in Hudson.
O'Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O'Connell would report Erickson's obsession with young boys, alcohol and firearms to church officials.
The Ellisons' Minnesota Wrongful Death lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
"We are obviously disappointed," said attorney Richard Jasperson of St. Paul, who represented the Ellisons in the lawsuit, adding it was premature to
Family argues for punishment in man’s death
In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.
Minnesota Wrongful Death Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline "willfully and wrongfully" caused the death of Lynch.
Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline's idea.
Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch's home. Carline, however, was acquitted of murder in a later trial.
A year ago, Lynch's oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.
District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.
Malacko argued today for a new Minnesota Wrongful Death trial on the issue of punitive damages. Carline still hasn't been punished and a jury should hear some additional evidence, Malacko said.
McShane asked, "What do you say to deterrence, that punitive damages are supposed to be a deterrent?" He said that Carline hasn't committed another criminal act.
Deadline approaching for survivors of I-35W bridge collapse to submit claims
The deadline is approaching for people who seek compensation from a special fund set up by the legislature last year to help victims of the Interstate Hwy. 35W bridge that collapse.
Claims must be submitted by Oct. 15, according to the legislation signed by Gov. Tim Pawlenty in May authorizing $37 million for survivors and family members of survivors who perished when the bridge went down on Aug. 1, 2007.
According to the law authorizing the compensation, a survivor is defined as "a natural person who was present on the I-35W bridge at the time of the collapse." A survivor also includes family members who survive a person who died in the collapse, or the legally recognized representative of a survivor, such as a parent or guardian of a survivor who is under 18 years old.
Claim forms are available at www.BridgeCollapseClaims.com or by calling the Office of the Special Master Panel at 651-485-1153.
Mother’s death leaves family questioning care
According to Dunham’s medical records received from Pinnacle Hospital, the spinal fusion surgery went well. Her family was elated by the news and awaited her return to her room.
Dunham left surgery late that morning complaining of pain.
Prior to the surgery, the Dunham family had apprised hospital staff of their mother’s allergy to codeine and morphine.
It was entered in her medical chart. It was identified on the red tag she wore on her wrist. And in the final presurgery meeting with physicians, Dunham’s children say they reminded anesthesiologist Dr. Nageswar Yelavarthi that their mother was allergic to morphine.
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There Goes Worker Safety – ( Minnesota wrongful death lawyer )
The reality of current worker safety is that more Americans are killed at work each year than died in the twin towers on September 11th. Every day eighteen Americans die preventable deaths; preventable because mandated safety precautions go unheeded. When a preventable death occurs it means that someone, somewhere, dropped the ball. Possibly a safety measure was not followed by an employee or their supervisor. Or, an employer who has repeatedly and maliciously disregarded OSHA regulations has been allowed to literally “get away with murder!”
According to Webster’s Dictionary, an “accident” is defined as “an unexpected unusual event.” But, when an employer repeatedly breaks laws, there is nothing unusual or unexpected about an event that produces a tragic debilitating injury or death to an employee.
This is the dirty little secret of Workers’ Compensation: employers hold the ultimate “Get Out Of Jail FREE” card when it comes to their employee’s safety. Employers are immune from civil wrongful death actions and, for all practical purposes, criminal prosecution.
Prior to Workers’ Compensation laws employees had the right, just like any other citizen, to sue their employers if the employer’s tortuous behavior caused the employee an injury or worse, death. Unfortunately, very few workers prevailed in court. The employer’s ability to afford more lawyers and more investigators outmatched that of the resources of the workers.
Employers did not take safety precautions seriously or provide adequate safe working conditions because they had absolutely nothing to fear from the injured worker.
An idea that developed shortly after the turn into the 20th Century was the formation of state-created industrial commissions to establish health and safety regulations and to compensate injured workers. The various state commissions desired to make available a fund which would compensate workers for their injuries without draining the resources of the employers.
The general idea was that companies would contribute to a self-insurance fund; the fewer injuries there were, the less the fund would have to pay out and the lower the premiums would be to the employers. Thus, the initial Workers’ Compensation concept was a
preventive measure by individual states in reaction to the need to protect workers..
Then the insurance companies of America got hold of these commissions with their massive economic and legislative clout and that is what we have today; a system that gives the employers and their insurers the ultimate shield against civil and criminal prosecution for crimes which if committed anywhere else, would land them in jail poste haste!
Welcome to the doctrine of the “Exclusive Remedy!
And what do injured workers get in exchange?
The ability to get medical treatment when the insurance company feels like giving it.
The ability to have their medical needs reviewed by doctors who are not impartial, and who are paid by the employers and insurers to delay and deny industry standard treatment modalities.
The ability to get little or no compensation for their inability to compete in the workplace for jobs that will fit their post injury abilities.
It’s time that our legislators got off their respective hind ends and passed some laws that will aid and assist the working population of this state or there won’t be anyone left to man the jobs that we already have.
The State of Minnesota has a bill in it’s Senate sponsored by Senator John Marty that is a unique one-of-a-kind bill that will hold employers accountable for the Minnesota wrongful death of a worker due to their ignorance of OSHA regulations. It’s a start.
Fred Pritzker: Litigating Food Borne Injury Cases
Minneapolis, MN: Fred Pritzker and the lawyers at his Minneapolis firm always have a lot on their plate, so to speak.
His firm, Pritzker|Ruohonen & Associates P.A., is one of very few firms in the U.S. that can claim expertise in representing people injured by food borne illnesses, like E. coli, Salmonella and Listeria. It is a highly technical business, which requires experience, and a lot of scientific detail.
“It is a very small group of lawyers, I can think of one other firm. Plenty of lawyers do food borne illness cases,” he says “but I don't think that many of them have the kind of experience and consistency that we have,” says Pritzker.
Over the years, Pritzker has served as legal council in “hundreds” of cases where people have suffered serious injuries, even died from eating contaminated food.
Pritzker|Ruohonen & Associates have been involved in most of the major food borne illness outbreaks involving E. coli 0157:H7, and collected millions on behalf of food borne illness survivors, and the families of people who have died.
“E. coli cases can be very large, especially if there is a Minnesota wrongful death case, or something called hemolytic uremic syndrome, which is destruction of the kidneys,” he says. “There have been many major outbreaks, for example, there was the lettuce outbreak involving Dole lettuce that affected a lot of the United States two years ago, and we had one of the wrongful death cases associated with that, and they are very significant claims,” says Pritzker.
E. coli poisoning victims often get sick, very fast. It is among the most dangerous of all types of food borne illnesses. Many victims recover, but about a third of all E. coli infections result in kidney failure. Other complications may be blindness, seizures, paralysis or other types of debilitating or disfiguring and permanent injuries.
On July 2, 2008, the firm filed a lawsuit in Ohio, on behalf of 21-year-old Zachary Everhart from Columbus, who became ill with an E. coli O157:H7 infection after eating Kroger ground beef. The defendants in this case are Kroger Co. and Nebraska Beef, Ltd.
“He has recovered from the physical injuries to a large degree, he's still got a little bit of weakness,” says Pritzker “but anyone who has gone through a near death food borne illness experience, you can imagine, is very emotionally involved and very concerned about what they eat and how it is prepared and who makes it and things like that.”
In the Everhart case, Pritzker says, using a genetic fingerprint of the bacteria, it was possible to trace the illness back to Kroger Ltd. and then to Nebraska Beef Ltd. “He is a culture confirmed case,” says Pritzker.
LAS: How did you get interested in litigating food borne illness cases?
FP: Years ago, I handled a significant food borne illness case, but not as well publicized as E. coli, and just got to know the science involved, and became more and more interested in it, and had more and more cases and developed a reputation.
LAS: Do you represent companies in food borne illness cases?
FP: What we are usually involved in is individual cases, we feel we can do a much better job helping individual clients and helping people with real problems.
LAS: What kind of verdicts result?
FP: It depends on what kind of food borne illness is involved. There are probably a dozen that we see, some of them like listeriosis (which causes fever, meningitis, miscarriage, or premature birth and is spread by eating food contaminated with Listeria bacteria) is a rare food borne illness. There are only about 2500 cases a year in the United States. Of those, 20 per cent of the people die and the rate of serious complications is significant. When there is an outbreak of listeriosis, those cases typically settle in the millions and in several instances, in the multi million-dollar range.
E. coli cases can be very large, especially if there is a wrongful death case, or something called hemolytic uremic syndrome, which is destruction of the kidneys. There have been many major outbreaks. For example, there was the lettuce outbreak involving Dole lettuce that affected a lot of the United States two years ago. We had one of the wrongful death cases associated with that, and they are very significant claims.
LAS: What do you kind of evidence do you need to bring forward to successfully conclude these cases?
There is first, proving fault on the part of the producer or retailer.
The second is causation, and that is usually the more difficult one. By causation, I mean that this particular product was produced by a particular manufacturer and produced a particular kind of illness.