Mississippi Injury Lawyer Blog

ATV flips on side, killing 3 year-old boy in Jones County, Mississippi

On Sunday, a 3 year-old boy died after an Artic Cat ATV he was riding in flipped on its side, killing him on impact. The ATV, driven by an 18 year-old, had three passengers, ages 3 to 11. The other passengers suffered minor injuries.

Information provided by Robert Kisselburgh, Mississippi Accident Lawyer

Source: Clarion Ledger

Mississippi needs tougher laws on ATV use by children

The Hattiesburg-American had an article on Sunday calling for tougher laws on the use of ATVs by children. While the legislature is currently considering proposals making helmet use mandatory for children younger than 16 and requiring a driver's license or completion of a ATV safety course, more needs to be done to ensure the safety of children. At a recent hearing, Dr. John Porter of the UMMC Trauma Center said the Center sees two or three ATV crash victims every week. For every patient who dies, three or four are critically injured and about 25 percent have debilitating injuries, according to Porter. More alarming is the fact that Mississippi death rates from ATV crashes for children under 16 are increasing at twice the rate of all ATV deaths.

Source: Hattiesburg-American

Reported by Robert Kisselburgh, Mississippi Accident Injury Lawyer

Toyota fixes cars in Europe long before U.S. recall

The Wall Street Journal is reporting that Toyota provided a fix for the accelerator problems in Europe almost six months ago. According to Toyota's quality chief, Toyota started receiving consumer complaints about sticky pedals in Europe in January and February, 2009. While company engineers struggled at first to diagnose the problem, they eventually identified condensation inside the pedal's mechanism as the cause and rolled out a fix in August, 2009.

If this is true, then Toyota will have some serious problems explaining to U.S. juries why they waited so long to fix a problem identified last January and which they corrected in Europe in August, 2009. This is the type of evidence that justifies large punitive damages awards in cases. How can you justify not fixing the pedals in U.S. cars and allowing U.S. citizens to be killed or injured by a defect that you are aware of and have provided a fix for in Europe. Not a good day, month, or year for Toyota.

If you or a loved one has been injured as a result of a struck accelerator in a Toyota vehicle, contact the Kisselburgh Law Firm for a free consultation. At the Kisselburgh Law Firm, we have years of experience in representing those injured by defective products. You can contact us at 877-601-4040 or 601-936-4040.

Source: Wall Street Journal

Reported by: Robert Kisselburgh, Automobile Defect Attorney

Transportation Secretary retracts recommendation not to drive recalled Toyota vehicles

Toyota shares dropped when Transportation Secretary Roy LaHood told a congressional committee that drivers of the recalled Toyota vehicles should not drive them until they are fixed. Later at a press conference, LaHood retracted the statement and said, "What I meant to say ... was if you own one of these cars or if you're in doubt, take it to the dealer and they're going to fix it."

In congressional hearings, he said, "My advice is, if anybody owns one of these vehicles, stop driving it, take it to the Toyota dealer...." Seems clear to me. You decide.

Tractor trailer driver watching porn on laptop strikes and kills motorist

State police in New York are reporting that a truck driver who struck a disabled car last month in New York, killing the driver of the car, was watching poronographic movies on his laptop computer at the time of the crash. According to the report, Thomas Wallace of Brook Park, Ohio was arrested this week on charges of second-degree manslaughter for the death of 33-year-old Julie Stratton, a mother of two.

This epitomizes the problems with technology in vehicles. It is a distraction that kills. Whether it is texting, watching videos on a computer, or playing with a cell phone, the fact is that the cab of a tractor-trailer is no place to be multitasking.

Recently, the government conducted a study of the problems with operating a tractor-trailer while texting. The study, "Driver Distraction in Commercial Vehicle Operations", showed that the most risky behavior was text messaging on cell phones and that a driver texting was 23.2 times more likely to be involved in an accident while texting while driving. Technology has its place, but most of it has no place in the driver's seat of a big rig truck or any other vehicle.

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

Toyota halts production of 8 models due to accelerator problems

Toyota has temporarily ceased production of 8 different Toyota models due to accelerator problems that have left the company searching for answers. According to the press release, Toyota instructed its dealers to remove the models from the sales floor and will temporarily cease production of the models. The eight models are:

• 2009-2010 RAV4,
• 2009-2010 Corolla,
• 2009-2010 Matrix,
• 2005-2010 Avalon,
• Certain 2007-2010 Camry,
• 2010 Highlander,
• 2007-2010 Tundra,
and
• 2008-2010 Sequoia

Reported by Robert Kisselburgh, Product Defect and Injury Attorney

Meridia banned in Europe, only gets contraindication in U.S.

Last week, European drug regulators advised doctors to stop prescribing the European equivalents of Meridia, a drug designed for weight loss. The Food and Drug Administration, on the other hand, only required a new contraindication that the drug not be used by people with a history of heart attacks or strokes, or who have uncontrolled high blood pressure. The amazing thing is the reactions by both drug regulators were due to the same data.

Raw data from a recent study indicated that people with certain health problems who took Meridia had more heart attacks, strokes, and cardiovascular problems than people getting a placebo. Europe bans the drug and America just adds a contraindication. I smell politics at work again at the FDA. The study was a first of its kind in that it tried to verify the claims of drug manufacturers that weight loss drugs, such as Meridia, could reduce cardiovascular risks. The results showed just the opposite for Meridia--it increases the risk of heart attack, stroke, and other cardiovascular problems.

Source: New York Times

Reported by Robert Kisselburgh, Mississippi Defective Prescription Drug Lawyer

2 dead after a pickup truck and tractor trailer collide in Forrest County, Mississippi

Late yesterday afternoon, two men were killed in a four vehicle accident involving an 18-wheeler, a Dodge Charger, Honda Accord, and a Ford Ranger pickup truck. The two killed were Percy L. Jones and Benjamin Gray. According to authorities, the pickup truck, driven by Jones, was rear-ended by the 18 wheeler. Gray was a passenger in the pickup truck. One other person was transported to a local hospital. There is still some question as to the exact chain of events leading up to the collision and law enforcement officials are investigating.

Source: Hattiesburg-American

New initiative intended to reduce deadly medication errors

The U.S. Food and Drug Administration estimates that medication errors cause at least one death per day and injure approximately 1.3 million people annually in the United States. Today's Wall Street Journal says a new effort is underway to spread the word about medication errors and offer advice to prevent similar mistakes. Read about the effort here.

Information provided by Robert Kisselburgh, Mississippi Medical Malpractice Attorney

Over 50 million shades and blinds recalled due to strangulation hazard

More than 50 million Roman-style shade and roll-up blinds are being recalled due to the risk of children being strangulated by the cords. The Consumer Product Safety Commission said since 2006, there have been 5 deaths and 16 near-strangulations involving children and the Roman shades. Strangulation can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around their neck. Consumers can obtain a free retrofit kits for roman style fabric looped and flat panel shades and roll-up blinds online at www.windowcoverings.org or by calling 1-800-506-4636.

Shades involved in the recall include:

• Roman shades by All Strong Industry sold at Walmart stores nationwide
• Roll-up blinds and Roman Shades by Walmart
• Roman and Roller shades sold at Pottern Barn, Pottery Barn Kids, and PBTeens
• Roman shades and roll-up blinds sold at JCPenny
• Matchstick Roll-up shades sold exclusively at Big Lots
• Roll-up blinds by Lotus & Windoware sold exclusively at Ace Hardward and Big Lots
• Louis Hornick & Co. sold at Ross Stores
• Roman Shades by Draper, Inc.
• Jute/Ely Roman Shades sold at West Elm
• Roman shades by Airtex Designs Group sold exclusively by The Land of Nod

For more information about this recall, go to these websites:

Consumer Product Safety Commission

Window Covering Safety Council

The Kisselburgh Law Firm is a personal injury law firm representing individuals seriously injured due to defective products, car accidents, tractor-trailer accidents, drunk drivers, and prescription drugs. If you would like to discuss your legal rights, call us now for a free consultation at 877.601.4040 or contact us online.

Cement truck kills Sumrall, Mississippi man

A 24-year-old Sumrall, Mississippi man was killed when a cement truck rear-ended the tractor he was driving. According to the Clarion Ledger, McKenzie C. Beilmann died when he was rear-ended on U.S. 98 about 8 miles from Hattiesburg, Mississippi. Beilmann was listed as a student at the University of Southern Mississippi. The driver of the cement truck was not injured.

Source: Clarion Ledger

Reported by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Attorneys beware--watch out for those subrogation liens.

Two days ago, the Sixth Circuit Court of Appeals affirmed a summary judgment where a plaintiff's attorney was found liable to the ERISA health plan for settlement funds he disbursed. A fellow blogger, Health Plan Law, has a great discussion of the case here.

For those with personal injury lawsuits, if your health insurance company pays for your medical and you ultimately recover money from the person who caused those injuries, your health insurance company has a subrogation lien for the amount of medical paid. That means you could possibly have to pay the insurance company for the amount it paid for medical expenses you ultimately recovered from the liable party.

In the case above, the client did recover monies and the attorney disbursed the settlement funds without paying the insurance company back for the medical it paid on behalf of the client. The plan ultimately sued the client and attorney for the money. Lesson to all parties. Prior to settling a personal injury case or disbursing funds from a personal injury settlement, make sure you have paid all liens.

Reported by: Robert Kisselburgh, Mississippi Accident Injury Lawyer

Motorcycle crash kills Seminary, Mississippi man

On Saturday night, Shawn Jesse Bullock of Seminary, Mississippi, died when his motorcycle collided with another vehicle at the intersection of Mississippi 598 and Old U.S. 49. According to Jefferson Davis County Coroner, Bullock died on the scene. The accident is under investigation by the Covington County Sheriff's Department

Source: Clarion-Ledger

Reported by Robert Kisselburgh, Mississippi Accident Injury Attorney

NHTSA appears to have dismissed previous claims of unexpected acceleration in Toyota vehicles

Previously, I wrote about Toyota's record recall of a number of vehicles due to unexpected acceleration. At first, the acceleration was attributed to the floor mat. However, it appears something more serious is causing the problem and investigators are finally looking into the cause.

The National Highway Traffic Safety Administration (NHTSA), a federal agency whose mission is to save lives, prevent injuries, and reduce vehicle-related crashes, is charged with protecting the public, not the auto manufacturers. But according to a recent L.A. Times article, since 2001 more than 1,000 Toyota and Lexus owners reported their vehicles suddenly accelerated, many times resulting in injury. However, NHTSA dismissed many of those complaints for a variety of reasons. Even though NHTSA recently changed its course and is calling the Toyota issue a "very dangerous problem", the Times article paints a different NHTSA under the previous administration.

Hopefully NHTSA will be more vigilant in living up to its mission statement in the future. With the recent turn of events, it appears headed in the right direction. Read other articles about this issue below.

Runaway Toyota cases ignored
Toyota Acceleration Problem Still Unresolved
Safety Agency Rebukes Toyota Over Floor-Mat Issue

If you have been injured as a result of a defect in your car or truck, contact an experienced Mississippi product defect lawyer. At the Kisselburgh Law Firm, we have years of experience in successfully prosecuting product defect cases. Contact us at 877-601-4040 or contact us online.

Two Forrest County, Mississippi teenagers killed by oil tank explosion

Two Forrest County teenagers were killed early on Saturday morning when a oil holding tank exploded. The cause of the explosion is unknown and there are no known witnesses to the incident. The oil tank appears to be owned by Delphi Oil, Inc. The majority of the oil in the tank had been sold which made the tank extremely dangerous. With little oil in the tank, dangerous fumes probably filled the tank and could easily be ignited. Our hearts go out to the families of those killed.

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

Source: Clarion Ledger