Mississippi Injury Lawyer Blog

Government advises Toyota drivers to remove driver side floor mats

Toyota Motor Corporation is planning a recall of approximately 3.8 million cars and trucks due to loose floor mater that could force the accelerator down, causing serious injury or death. There have already been 17 accidents and 5 deaths that may be related to the faulty floor mats. In one recent incident, a passenger said the car was going 120 miles an hour because the accelerator was stuck. The National Highway Traffic Safety Administration (NHTSA) said it has received 102 reports in which the accelerator may have become stuck on a Toyota vehicle. The government is warning drivers of the affected vehicles to immediately remove the driver-side floor mats until they can be repaired by Toyota.

The vehicles recalled are the:

2004-2009 Toyota Prius
2005-2010 Toyota Avalon
2007-2010 Toyota Camry
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2006-2010 Lexus IS 250
2006-2010 Lexus IS 350
2007-2010 Lexus ES 350

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

The Kisselburgh Law Firm is a Mississippi product liability and accident injury law firm which handles all types of cases involving serious injury or death. If you or a loved one has been injured, please call us now for a free consultation at 601.936.4040 or contact us online.

American Trucking Association OK with drivers using computers while driving

As you drive down the interstate in Mississippi and approach an 18 wheeler, ask yourself this question: Is the driver of that 80,000 pound rig reading the on-board computer screen and sending messages to their company as opposed to watching the road ahead of them? There is a good chance the driver is and the trucking industry does not want to ban such practice. The on-board computers allow the company to send the trucker messages, the trucker can respond, and gives the trucker the ability to surf the internet. No problem if the truck is idle on the side of the road. But, a major problem if the truck is barreling down the road at 70 miles per hour. The question is whether there should be a ban against truckers using these on-board computers while driving? Under most proposed legislation banning texting while driving, these computers are included in the ban.

In a recent New York Times article, the spokesman for the American Trucking Association, said a federal bill requiring states to ban texting while driving was "overkill." Why? Here is the laughable part. Because banning the use of such devices "won't improve safety." REALLY?? So if your driver is watching the road as opposed to a computer screen, safety will not be improved? This guy is amazing. I think the real reason for the objection by the American Trucking Association is deeper in the article where Randy Mullett, a Con-way executive, said requiring drivers to stop to respond to the on-board messages cost the company money. The company loses about $1.50 a minute when the truck is idle. Essentially, this guy just said Con-way puts profits over the safety of people.

Here are the facts: Using these on-board computers while driving increases your chances of crashing, just as texting on a cellphone does while driving. The Virginia Tech Transportation Institute found that using on-board computers while driving increased the risk of crashing by 10 times. In all fairness, the same study found that texting on a cell phone increased your risk of crashing 23 times. However, the point is that both activities don't mix with driving.

We live in a technologically adept society, but using computers or texting on cellphones does not mix with driving a vehicle at the same time. It is time to ban both on our roadways before more people are killed.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

The hottest iPhone applications for lawyers

For those of us who love their iPhones, the ABA Journal recently listed "70 Sizzling Apps" for iPhone using lawyers. Check out the article here. My favorite is the Quickoffice application that allows you to open, view, edit and share Microsoft Word, Excel or PowerPoint documents. Even though I'm a Mac user, I still rely on Microsoft Word and Excel in my business. For those PC users looking to trash that PC and buy a Mac, don't worry--Office for Mac gives you Word, Excel and PowerPoint to use on your Mac for a decent price. And the next update of Office for Mac will have Microsoft Outlook (or so Microsoft promises). Currently, Office for Mac ships with Entourage as the e-mail program. I don't use it. Rather, I rely on Apple Mail for my mail program and it works great.

A few of the other favorite applications are:

WaffleTurtle: seachable iPhone apps for the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Bankruptcy Procedure, Federal Rules of Appellate Procedure, Federal Rules of Criminal Procedure, Federal Rules of Evidence, and a host of other federal laws.

Black's Law Dictionary

Dictionary.com

Evernote: great app for clipping articles online, taking notes or recoding voice notes.

Ellisville Mississippi fiery crash kills 3 and injures 1

Last night, two pickup trucks collided head-on just west of Ellisville, Mississippi on Highway 588. The wreck left three college students dead and one critically injured. Upon impact, the two vehicles caught fire. Three of the victims were Jones County Junior College students heading home from classes. Our prayers go out to the families of those involved in the collision. Authorities are investigating the cause of the accident.

Source: WLBT

Information provided by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Aberdeen Mississippi woman killed in 3 car crash

A 26-year-old Aberdeen, Mississippi woman was killed this morning in Monroe County when her vehicle was involved in a collision with two other cars. The three cars collided on Mississippi highway 25 north in Monroe County near Aberdeen. Two other people involved were transported to Gilmore Hospital in Amory. Here is the rest of the story.

Information provided by: Robert Kisselburgh, Mississippi Accident Injury Attorney

U.S. House of Representatives reapportionment lawsuit filed in Mississippi

Yesterday a lawsuit was filed in the federal district court for the Northern District of Mississippi. The lawsuit has national implications as it seeks to declare the law capping the number of U.S. representatives at 435 as unconstitutional. For those who are not up on their political science, the 83rd Congress enacted a law freezing the total number of U.S. representatives in the U.S. House at 435. This lawsuit seeks to overturn the 1911 law arguing that the law creates "significant under-representation for some states, and significant over-representation." The five states under-represented include Mississippi, Montana, Delaware, South Dakota, and Utah. As an example, Montana has 1 congressional district for the state (meaning one U.S. representative) with a 2000 population of 905,316 persons. Wyoming, on the other hand, has 1 congressional district with a population of 495,304 persons. As such, Wyoming is over-represented in comparison to Montana, according to the lawsuit.

This lawsuit also enacts a provision of federal law which requires a three-judge panel to decide the case as opposed to the usual federal district court case where one judge makes the decision.

At the very least, the lawsuit ought to be a great civics lesson. Stay tuned.

You can read the Complaint by clicking here.

Another new diet drug being tested

Reminiscent of the fen-phen diet drug, phentermine (the "phen" of "fen-phen") is being used in combination with the anticonvulsant drug topiramate in hopes of being the new diet drug. In a recent announcement, Vivus, the developer of the drug combination known as Qnexa, says patients lost an average of 37 pounds a year. In the first trial, EQUIP, of the drug involving 1,200 obese patients, there was an average of 14.7 percent weight loss, but only at the higher doses. In the second trial known as CONQUER, approximately 2,500 patients received the drug combination and showed an average of 30 pounds of weight loss, again at the highest doses.

Phentermine, a stimulant, has the ability to act as an appetite suppressant. But it can also increase blood pressure and heart rates. That was why it was prescribed with fenfluramine during fen-phen. The fenfluramine, Pondimin, counteracted the stimulant effect. In this new drug combo, Topiramate is the downer. Topiramate is best known as an epilepsy drug which gained increased off-label use when some studies showed it had a beneficial "effect on binge eating and weight reduction."

The worrisome aspect is the lack of reliable long-term safety data. If Vivus decides to go ahead with further testing of the combination and get approval for the combination, then the Food and Drug Administration (FDA) will require further safety testing. However, that is a big IF. And the fact is that Phentermine and Topiramate are FDA approved drugs. While they have not been approved in a combination form by the FDA, there is nothing which prevents doctors from prescribing the combination now. That is what happened in Fen-Phen. Two FDA approved drugs were used in combination for long term use without reliable long term safety data. When the studies were finally done, they showed major problems with cardiovascular risk as well as increasing the risk of a deadly disease known as primary pulmonary hypertension.

The weight loss industry is a billion dollar industry and our society is always looking for the quick fix. Unfortunately, the answer does not lie in a drug combination. If a drug were the answer, you would have to take the drug for the rest of your life. I have yet to see any study showing any drug or drug combination keeps weight off after you quit taking the drug. In fact, studies upon studies have shown that when a person quits taking a pill or goes off their diet, the weight is regained plus more. This is called the rebound effect. The only way to counteract that rebound effect is exercise and changes in eating habits.

So there is the problem. If you have to take these drugs for a long period of time to lose the weight AND keep it off, where is the safety data showing long term safety? Currently, there is none. Until there is long-term safety data showing the safety of using these drug in combination for long period of time, people should not take the combination for weight loss nor should doctors prescribe it.

Hopefully, the FDA will closely monitor any future trials as well as step up vigilance to ensure the manufacturers of Phentermine and Topiramate are not promoting this off-label combination use of the drugs.

Reported by Robert M. Kisselburgh, Mississippi Injury Attorney

Holmes County wreck injures three, one critically

This afternoon, three people were injured in a Holmes County, Mississippi crash on Mississippi highway 17. According to the latest report, the accident involved an 18-wheeler which had overturned and was on fire. One of the injured was transported to University of Mississippi Medical Center. Police are expecting the area to be closed for at least four hours.

Information provided by: Robert Kisselburgh, Mississippi Injury Attorney

Jackson man involved in crash dies

A Jackson, Mississippi man, Joe White, died after being involved in a car wreck this morning. According to the Clarion-Ledger, Jackson Police said Mr. White declined to be transported to the hospital following the accident. Instead, he was given a ride home by the towing company. On the way home, the tow-truck driver noticed Mr. White was unresponsive. He was taken to University of Mississippi Medical Center where he died from blunt force trauma, according to the Hinds County Coroner. If you are involved in a collision, you should probably be checked by a doctor to ensure you have suffered no injuries, including internal injuries which are not readily apparent.

If you or a loved one has been seriously injured in an car or truck wreck, call an experienced Mississippi accident attorney to discuss your legal rights. The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

WLBT Eric Law and wife awarded $800,000 for injuries

Hinds County Circuit Court Judge Swan Yerger found the City of Jackson was partially responsible for injuries WLBT meteorologist Eric Law and his wife received after being hit by a car chased by Jackson Police Officer Adrian May. The judge found that the Jackson Mississippi police officer acted with reckless disregard while chasing a vehicle which ultimately crashed into Eric Law and his wife.

The collision, which occurred on June 11, 2006, seriously injured Eric Law and his wife. Both underwent numerous surgeries following the collision. In his ruling, the judge found the driver of the stolen vehicle 60% responsible for the accident while finding the City of Jackson 40% responsible. He ordered the City of Jackson pay the Laws $800,000.00, but Mississippi Tort Claims caps reduced the amount to $500,000.00. The driver of the stolen vehicle was previously sentenced to the maximum of 20 years.

Texting while driving more dangerous than drunk driving

As of July 1, 2009, teenagers in Mississippi, who hold either an intermediate license, a temporary learning permit, or a temporary driving permit, cannot send or receive texts on their phones while driving. Doing so is a misdemeanor subject to a fine.

While the law did not go as far as some wanted, it was an initial step in curbing a new behavior which is leading to deaths of motorist across the country. I know my children are more apt to text than talk on the phone. But unfortunately, many in our multitasking society think we can safely operate a motor vehicle while texting on the phone. However, recent studies show those texting while driving poses a greater risk than those who drink and drive. A recent study by Car and Driver found that drivers texting were 3 to 4 times slower than drunk drivers to apply their brakes to avoid a collision. The reason is simple. The driver's attention is not on the roadway in front of them, but on sending or reading the message on their phone.

It is time for the Mississippi legislature to take the law further. No one can safely operate a vehicle while texting on a phone. A couple months ago, I was coming back from Vicksburg on I-20 and was behind an 18 wheeler. The driver was having a hard time staying in his lane and kept drifting to the right and left. I decided to pass him in the left lane and as I pulled up to the cab, I looked up and saw the driver holding his phone in front of him trying to read messages on his phone.

The movement to ban texting by all drivers is growing. Currently, 18 states (Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Tennessee, Utah, Virginia, and Washington) have passed laws banning texting while driving. Hopefully, Mississippi will become part of the movement. Recently, the Governors Highway Safety Association supported a complete ban on texting while driving. The decision was influenced by a recent study from the Virginia Tech Transportation Institute that indicated that a driver who is texting increases crash or near-crash risk by 23 times.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of cases involving serious injury or death including car accidents, tractor-trailer accidents, drunk driving accidents, motorcycle accidents, construction accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Ex-attorney says Toyota destroyed and withheld evidence in rollover cases

The news just got bad for Toyota Motors with the filing of a lawsuit by an ex-attorney for Toyota. Dimitrios Biller dropped a bombshell when he sued Toyota Motors Corporation in July claiming that the U.S. unit of Toyota destroyed evidence and ignored court orders to turn over electronically stored data in a number of rollover cases. According to the Complaint filed in the U.S. District Court, Central California, Toyota Motor Corporation, its U.S. subsidiaries and a number of key Toyota executives, "conspired, and continue to conspire, to unlawfully withhold evidence from plaintiffs and obstruct justice in lawsuits throughout the United States against Toyota."

Biller, who worked for Toyota from 2003 until 2007, was the former National Managing Counsel in charge of Toyota's National Rollover Program. Essentially, Biller coordinated discovery responses for Toyota in cases where it had been sued by those injured in a Toyota vehicle and claimed a rollover defect caused their injuries. Having handled these types of cases before, the argument is usually the vehicle was defectively designed because it did not protect the occupants of the vehicle during a rollover accident given the roof crushed into the passenger compartment. Many times, the roof crush results in death and/or quadriplegia/paraplegia. In the United States, there are minimum standards vehicle manufacturers must adhere to in order to protect occupants during a rollover crash.

According to Biller, when he took over his role as coordinating attorney, he found Toyota was not producing certain electronically stored information. In today's world, that is a lot of data. More disconcerting is that Toyota was ordered by a number of different state and federal courts to produce the material, but Biller alleges he was instructed not to comply with the orders. As Biller stated in his complaint, when he sought to ignore his superiors' orders not to produce the material, he was told by a superior to obey the Golden Rule--"protect the client at all cost even if that means committing illegal actions."

Now, Mr. Biller is suing for Toyota terminating his employment; however, Toyota's bigger concerns are the hundreds of cases impacted by Toyota's alleged conduct. Not surprisingly, Toyota responded to this lawsuit by seeking to seal the records. Oops. Too late. If these allegations are true, Toyota Motor Corporation is facing some huge legal problems. Many of those litigants impacted by Toyota's wrongful conduct will file lawsuits seeking to reopen the cases. Today, CBS News reported a class action lawsuit was filed in U.S. District Court in Los Angeles, California, seeking to represent all plaintiffs who lost or settled cases in which Toyota allegedly concealed evidence.

There are also allegations Toyota withheld relevant data from a federal agency, the National Highway Traffic Safety Administration (NHTSA), charged with ensuring vehicles sold in the United States meets certain minimum safety standards. When the U.S. Government suggested that the standards for minimum roof crush be strengthened (FMVSS 216), it asked manufacturers for information regarding the proposed changes. Biller alleges Toyota

"withheld the original engineering report concluding that [Toyota] could start manufacturing vehicles under the standard... Instead, [Toyota] hired another engineering firm to give a second, different opinion, and that second report was provided to NHTSA. The original report never was provided and was 'buried.'"

If you or a loved one has been injured in a rollover accident, you should contat an attorney to discuss your legal rights. At the Kisselburgh Law Firm, we have experience in representing those injured by defective vehicles. Contact us online or call us at 601-936-4040.

FDA looking into reports of liver damage from use of diet pills alli and Xenical

The Food and Drug Administration is reviewing the safety of Orlistat (alli and Xenical) due to more than 30 reports of liver damage in patients taking the drugs. Orlistat is marketed in the United States in the prescription form as Xenical and as an over-the-counter drug alli. alli is half the strength of Xenical.

According to the FDA,

Between 1999 and October 2008, 32 reports of serious liver injury, including 6 cases of liver failure, in patients using orlistat were submitted to FDA's Adverse Event Reporting System. Thirty of the 32 reports occurred outside the United States. The most commonly reported adverse events described in the 32 reports of serious liver injury were jaundice (yellowing of the skin or whites of the eyes), weakness, and abdominal pain. Hospitalization was reported in 27 of the 32 cases.

In addition to the 32 reported cases, this issue was discussed at the CDER Drug Safety Oversight Board in April 2009, and FDA is reviewing other data on suspected cases of liver injury submitted by the manufacturers of orlistat. FDA's analysis of these data is ongoing and no definite association between liver injury and orlistat has been established at this time.

Both of these drugs were approved by the FDA for weight loss, although it is highly suspect how effective these medications can be. Unfortunately, people are led to believe that weight loss can be found in a pill. The facts usually show that the weight loss from such drugs is negligible and not worth the risks of taking these drugs.

If you or a loved one has been injured while taking either of these medications, you should consult with an attorney. At the Kisselburgh Law Firm, we have years of experience in representing those injured by the use of prescription medications. Contact us online or call 601-936-4040 for a free consultation.

Hattiesburg drunk driver kills University of Southern Mississippi student

Early this morning in Hattiesburg, a drunk driver broadsided a car carrying four University of Southern Mississippi students, killing one and critically injuring another. University of Southern Mississippi freshman Lejulia Dorothy White was killed while another student was critically injured. Two others suffered non-life threatening injuries according to reports. The driver of the SUV was arrested on DUI death charges.

This is every parent's nightmare as students go off to college. With the Labor Day weekend approaching, police are stepping up patrols in an attempt to cut down on drunk driving but unfortunately, these senseless tragedies still occur.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including drunk driving accidents, car accidents, tractor-trailer accidents, motorcycle accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Update on Smith County, Mississippi gas pipeline explosion

In an update to yesterday's post on a gas pipeline explosion in Smith County, Mississippi, authorities have confirmed that three workers were critically injured while another man was killed. The worker killed in the explosion was identified as James Lee Candler, 40, of Sulphur, Louisiana. The three injured workers were Rick Lee, Wayne Williams, and David Matthews. The workers were performing a pressure test of the line at the time of the explosion.

The injured workers were airlifted to the University of Mississippi Medical Center in Jackson suffering from burns and other injuries. Lee and Williams were employed by Beckville, Texas based Grand Bluff Construction Company while Matthews was working for Priority Energy. The pipeline was part of the Midcontinent Express pipeline owned by Kinder Morgan. According to reports, Kinder Morgan has had previous safety problems with its pipeline.

The Kisselburgh Law Firm is a Mississippi injury law firm which handles all types of
cases involving serious injury or death including construction accidents, car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and injuries from defective products. If you have questions, call us at 601.936.4040 or contact us online.

Source: Clarion-Ledger