New York Wrongful Death Lawyer Blog

According to KSDK.com, an Illinois family has sued the gym owner and trainer for the wrongful death of a 27 year old man who voluntarily entered into a mixed martial arts kickboxing contest.

The family alleges that the man had been injured a few days prior, in practice, and should not have been allowed to fight. They claim that he suffered repeated head trauma during the fight, and aggravated his previous injury.

The gym owner claims never to have seen the man practice at his facility, believing that he trained to fight elsewhere, and had entered the competition as an independent fighter.

MMA "mixed martial arts" is a brutal "sport". I have not seen any participant in televised matches wearing protective head gear. Punches or kicks delivered to the head of fighters all have the potential to be lethal.

All cases of this sort are fact driven. Without more, very compelling facts to demonstrate liability, this suit will not last beyond the first few rounds.

While researching information for yesterday's blog entry on the Megabus crash into a too low bridge span, I came accross a site run by the U.S. Department of Transportation, called "DISTRACTION.GOV - the Official U.S. Government Website for Distracted Driving".

I recommend a visit to the site, as it provides useful facts, figures and other information. I had never considered the "three main types of distraction": visual [eyes off the road], manual [hands off the wheel], and cognitive [mind elsewhere]. While opportunities for inattention are endless, "texting" involves all three types of distraction!

According to a newspaper report, the driver of a Megabus originating in Philadelphia, carrying 27 passengers, was looking at his personal GPS device when he ran a 13-foot-1-inch tall bus into a railroad bridge span with only 10-foot-9-inches clearance, killing four people and injuring many others.

The bus driver appears to have taken a wrong turn as he approached Syracuse.

The 2:20 a.m. accident happened despite the bridge having two large signs warning of low clearance.

This kind of wrongful death accident, caused by operator distraction, has become an oft repeated theme of this blog. Recent entries of this sort include the truck driver watching porn; the Metrolink train engineer texting; and the tugboat pilot on his cell phone; all at the time of the deadly events detailed therein.

Ford Motor Company and the family of Brian Cole settled the wrongful death/product liability case after the huge jury verdict was awarded at trial. The settlement amount was not disclosed.

Mr. Cole, then 22 years old, was drafted by the New York Mets, and early indications were that he would develop into a stellar professional athlete. He died on March 31, 2001, when a tire blow out resulted in a rollover accident where he was ejected from the Ford Explorer.

Through their attorneys, Cole's family alleged that he died because a design defect in the seat belt caused it to fail, and also, that Ford Explorers had a tendency to roll over, particularly when a tire blow out occurred.

A settlement protects Ford from potentially greater liability for punitive damages which sometimes outstrip the compensatory damages awarded.

Ford has spent huge sums settling Explorer roll over cases. The National Traffic Safety Administration estimates that nearly 4 of 10 fatal automobile accidents involve SUV roll overs.

Nicole John, the 17 year old daughter of the U.S. Ambassador to Thailand, Eric John, died on August 27, 2010, in a fall from a high rise Manhattan apartment. She had graduated from the International School Bangkok and was to begin studies at Parsons The New School for Design this fall.

The NY Daily News said her blog "portrayed a tormented party girl keen on vodka and Xanax". The blog also showed her affinity for Red Bull and vodka, an "energy-boosting combination".

Prior to her fall she had been drinking for some hours at a Manhattan nightclub, using a fake ID to gain admission. A Facebook message she posted at 2:42 a.m. confirmed her voluntary intoxication. Later, after 4 a.m., at a party, she slipped off her shoes, took her camera, and stepped out onto the ledge of the 25th floor apartment.

Police theorize that she was going to take a photograph, lost her footing and fell. Her body was found on a third floor overhang of the building.

The 25 year old, real estate broker, host of the apartment party was charged with two misdemeanors relating to providing alcohol to a minor, most likely Endangering the Welfare of a Child.

The nightclub spokesman said that the teen's ID was checked before she was allowed inside. A source close to the club said "The technology can be so good that people are developing ways to sneak into places every day... There are some fake Ids that are uncatchable".

Condolences to the family.

Thomas Wallace sobbed today as he was sentenced to 3-to-9 years in state prison for manslaughter in the second degree for the wrongful death of Julie Stratton, a 33-year-old Erie County, NY, mother of two.

Under New York State penal law, "A person is guilty of manslaughter in the second degree when: He recklessly causes the death of another person".

Wallace, of Ohio, was driving a truck on the New York State Thruway near Pembroke in December, 2009, watching porn on his laptop, with only four hours of sleep in the previous 27, when he hit Stratton's car, stalled in the passing lane shortly after she had hit a deer. Stratton was speaking with a 9-1-1 dispatcher at the time of collision.

Manslaughter in the second degree is a class C felony, punishable by five to 15 years in prison.

Because the burden of proof for a criminal matter is greater than for a civil suit, Mr. Wallace's plea will also suffice to prove liability for wrongful death, should suit be initiated on behalf of Stratton's family.