New York Wrongful Death Lawyer Blog

A 51 year-old man was crushed to death when he climbed in the back hopper of a Heil Formula 7000 garbage truck and attempted to clear debris which was jammed, preventing a "compactor blade" from moving.

He perished when the hydraulic system engaged, and a safety mechanism which would have saved him failed.

The City of Norfolk originally said that the man had "violated a city policy" by climbing in the back of the truck.

Later, state investigators confirmed that it was "city policy" for sanitation workers to do so; otherwise, any jamming issue would necessitate leaving the trash route and returning to the maintenance shed for loosening or repair.

The Virginia Department of Labor and Industry investigated this occurrence and found 8 "serious (life threatening) violations" related to this accident. For example: the safety system on the truck was supposed to be checked daily. That did not happen.

A well-spoken Norfolk councilman stated "Some heads should roll on this..."

[As reported by Harry Minium in The Virginian-Post, October 12, 2011]

The pilot of the 250 foot-long sludge barge that ran over and sank a disabled "duck boat" in Philadelphia last year because he was distracted using his cell phone and laptop computer, was sentenced in US District Court to a prison term.

He admitted his culpable conduct by pleading guilty to a single count of "misconduct of a ship operator causing death".

His admission clears the way for lawyers suing for wrongful death on behalf of the families of the two young Hungarian tourists who drowned.

As mentioned in Philly Ride the Ducks: Part III - Wrongful Death Suits Filed, there was plenty of blame to be shared by several defendants.

Each family lost their only child in the incident.

Last April, in a blog entry Walworth Man's Death at Construction Site Under Lake Ontario Subject of OSHA Investigation, I wrote about a man who was killed while employed boring a water treatment tunnel under Lake Ontario.

Thomas W. Means, age 45, died of a head injury when the small underground train locomotive he was driving ran into a conveyor on the boring machine.

In October, the Department of Labor's Occupational Safety and Health Administration completed its investigation. OSHA blamed the contractor, Southland Contracting Inc., of Fort Worth, TX, and fined it, $55,440 for seven safety violations that OSHA said led to the death.

Six of the violations were "serious", meaning that they could cause a substantial probability of death or serious injury: A fuse blew in the electrical system, causing lights to go out in the tunnel (sixteen stories deep in the earth); the locomotive driven by Mr. Means had "bumper blocks" missing, was pushing an "unattached car", and had not been inspected for modifications and repairs.

OSHA also found a repeat violation by Southland Contracting Inc.: it failed to instruct its employees in anticipating and avoiding "crushing hazards".

In an article written by Steve Knopper, published in the September 15, 2011, issue, Who's to Blame in Deadly Stage Collapse Tragedies? it was stated that there is no system for inspecting U.S. concert stages, nor provision for the evacuation of large numbers of people in case of intense weather.

The article was written following the wind-caused collapse of the stage at the Indiana State Fair, where seven people perished on August 13, 2011, and within five days, a similar mishap at Belguim's Pukkelpop, in which five fatalities occurred.

Although the Governor of Indiana, Mitch Daniels, blamed the deadly stage collapse on "fluke" weather, it appeared that State Fair officials had a 25 minute warning of the possibility of 60-mph winds, and did not notify the crowd gathered near the stage to leave the potentially dangerous area. Officials issued a tepid message of "where to evacuate", not directly saying "leave now!".

Although there are many staging companies involved in the concert presentation business, here are no consistent regulations or industry standards in the US for concert venue stages and structures.

Knopper said "Instantly, the Indiana State Fair and the Pukkelpop Festival joined the black list of concert tragedies: The Rolling Stones at Altamont in 1970, the Who at Cincinnati in 1979, Pearl Jam in Denmark in 2000 and the Great White Rhode Island nightclub fire of 2003".

Engineering companies hired by potential personal injury and wrongful death plaintiffs and defendants are investigating the causes of the stage collapse.

Let the music loving concert-goer beware.

The New York State Department of Labors' investigation into the "Ride of Steel" at Darien Lake, concluded that the death of Sgt. James Hackemer on July 8, was "the result of operator error."
Signage visibly posted on the ride stated that riders were required to have both legs, because the safety devices in use restrain the legs, shins and laps of the riders to hold them in the ride's car.
Sgt. Hackemer lost both legs serving in Iraq in 2008. He was killed when he fell from the coaster.
Two violations were issued by the DOL, one for operators who were not properly trained and another for operators who were not familiar with the safety requirements of the Ride of Steel.
Now that the investigation has been concluded, and some new safety measures have been complied with, the Ride of Steel has been re-opened.
RIP and THANKS to Sgt. Hackemer.

The Yates County area community-at-large joins the Amish community in mourning the death of five persons killed by an alleged drunk driver on July 19, 2011. Four of the dead were in their 40's and one was 60 years of age.
Several of the dead were the heads of households.
The driver, Steven Eldridge, age 42, passed a tractor and other farm equipment in a no passing zone, then struck a van carrying the decedents. He has been charged with five counts of criminally negligent homicide and driving while intoxicated.
Hundreds of Amish from communities in distant states came to Benton for the funerals.

In a March 30, 2011, article Sheriff's inquiry continues into death of Jennifer Simson, the Democrat & Chronicle reported that the Monroe County Sheriffs Office investigation into the tragic accident which killed a 34 year old Pittsford woman, last February 25, has not been completed.

A previous entry described some of the investigative steps involved.

The article mentions that the MCSO is "reconstructing the events", and that the snowplow driver's cell phone records have been subpoenaed, in order to determine if he was on the phone at the time of the accident.

Driver distraction caused accidents have been a common theme of several New York wrongful death lawyer blog entries, including: Wrongful Death By Distraction

Along with her husband and three children aged 4 and under, family and friends, the community at large mourns the death of Jennifer Simson, struck and killed by a Town of Pittsford snowplow traveling in reverse gear in a Main Street parking lot on February 25, 2011.

A number of entities will conduct investigations into the accident, including the Monroe County Sheriff's Office, which was on scene immediately after it was reported.

It is likely that the Town of Pittsford will conduct its own investigation into the occurrence, as employer of the snowplow driver, and owner of the parking premises, it may be held civilly liable for the results of the driver's actions.

Investigators would interview at least one witness mentioned in Husband Talks About Wife killed by Snowplow, who saw and heard Mrs. Simson yell out just prior to being struck by the plow. There may be other witnesses.

Investigators will question the driver of the plow. Chances are good that under either federal or state law, he was tested for alcohol and drug impairment. Were the rear window or mirrors clear of frost, snow or any other substance that would reduce his visibility backwards? Was he distracted as he backed up? Did he check the rear by turning and visually "clearing" the path the vehicle was intended to take while backing? Did he fail to watch out for pedestrians? Did he check his mirrors prior to backing? Did he operate the plow in reverse without taking all necessary precautions? At what speed did he proceed backwards? How far did the truck back until impact and stop?

Investigators will inspect the snowplow equipment. Were there audible [loud beeping] and visible [flashing light] alarms installed and in use on the plow at the time of the accident? How good was the driver's backwards visibility from the cab? Was the design of the cab, rear window and mirrors, suited for backwards viewing?

Were there any "contributing factors" relating to the operation of the snowplow? What were the lighting conditions at that time of day? Was it snowing? How was visibility in general?

Were there any contributing factors on the part of the pedestrian, Mrs. Simson? Did she disregard something potentially dangerous by walking behind the plow in the parking lot? Was she distracted? Was she in a hurry? What color was her clothing?

These questions and others will potentially be answered by the investigations into Jennifer Simson's death.

Whatever the results of the investigations, it is a tragedy for the Simson family and for the driver of the snowplow.

The family of a Texas man has filed suit in the U.S. District Court in San Antonio, claiming that he died in June, 2010, as a result of ingesting celery contaminated by listeria.

The suit is brought against Sangar Fresh Cut Produce LLC, alleging death by infection caused by Sangar's failure to follow proper food safety regulations and guidelines. Last October, the Texas Health Department, found "an immediate and serious threat to human life or health" at the Sanger plant, ordered it to shut down and recall all products it had shipped since January, 2010.

This listeria outbreak killed at least five people. This type of food poisoning is especially worrisome for children and the elderly, as the infection can spread from the intestines to the blood stream and nervous system. Although it can be treated with antibiotics, the fatality rate for those infected is about 25%.

The lawsuit is based on an alleged breach of implied warranty, by providing food that was not fit to eat.

The Associated Press reported "Child dies after 50-foot fall at Lakers game" that a two or three year-old child fell from a third tier luxury box at the Staples Center minutes after a Los Angeles Lakers - Golden State Warriors game on November 22, 2010.

Somehow the child was able to scale a clear safety barrier and fell onto arena seats below, hitting his head. He died soon after at the hospital.

Within an hour after the game, arena security officials could be seen examining and taking photos of a suite on the highest level on the west side of the building.

Who was responsible for what happened?

Where were the child's parents? Did they lose track of their baby?

What are the safety specifications that apply to arena architecture and design of seats and luxury boxes? Were they followed at the Staples Center? Was the safety barrier properly located and installed?

How would a two or three year-old escape the safety requirements and measures taken?

Any prospective Plaintiff should be conducting their investigation... as mentioned above, the potential Defendants were already at work documenting their side of this tragedy.

On January 23, 2007, an out-of-control, off-duty New Jersey cop on a drinking spree, was heading home in his Jeep Cherokee, when he rammed a vehicle, killing a 2-year-old boy and severely brain-injuring the boys mother.

He had spent part of that day at Madison Square Garden, attending an NCAA game. By his own testimony he had between 10 and 12 beers there. He had 3-4 beers pre-game, at a place called "Stich Bar". He had two beers in his pocket when he entered MSG. When he left Manhattan in his Jeep, with a buddy in tow, they stopped for another "one or two" at a "dive bar". After dropping the friend off at his home, he stopped at yet another bar to buy a six-pack.

Soon after, around 11:00 p.m., he sped onto the Pulaski Skyway (NJ) and hit the victims car.

Plaintiff's attorneys alleged that MSG's CEO Hank Ratner, and facilities executive, Tim Hassert, had encouraged their vendors "to increase alcohol sales", and "recklessly" allowed them to continue to pour beers for visibly affected patrons.

No surprise, the Garden said that it does not serve visibly drunk patrons.

Nevertheless, NYorkPost.com reported on November 8, 2010, that MSG's insurer is said to be paying upwards of $8 million as settlement. That figure happens to have been the cost of caring for the severely injured mother until her death in March, 2010, after three years in a vegetative state.

The cop is now serving eight years in a New Jersey prison for vehicular manslaughter.

A 20 year-old student at the University of Notre Dame was killed when the scissor lift he was perched on while videotaping the Fighting Irish football practice, toppled over during a period of high winds on October 27, 2010.

Declan Sullivan was on a hydraulic lift at a time when the National Weather Service reported wind gusts of up to 51 mph.

Given the facts, it is likely that state and federal workplace safety rules and industry standards were violated. Investigations by a variety of agancies are underway.

It is reported that Mr. Sullivan sent several "haunting" Tweets that appeared on his Facebook page just before his death, indicating his fear of the conditions he faced.

To the University's credit, on November 5, the Rev. John Jenkins, Notre Dame President, sent an e-mail to students, faculty, staff and alumni, acknowledging responsibility for the death, because the school "failed to protect him".

Over years of practice, I have found that many lawsuits would or could be avoided, if only the party or parties involved would admit or acknowledge their responsibility for what happened.

After all, it is the right thing to do.

The Dieudonne's were moving into their new home in Miramar, Florida, when for a moment, they lost track of their son, Isaac. Isaac was found floating in an algae-ridden backyard pool next-door. The home had been foreclosed. He could not be revived.

The couple sued for the wrongful death of their son.

But who is most responsible for this tragedy?

As parents, they lost sight of their son. Or were the property owners, servicing companies and maintenance firms responsible for making sure that the vacant home was secure?

The Diedonne's attorney named over 20 individuals or entities as defendants in the wrongful death suit, as she followed a complicated paper trail. Like foreclosed homes nation-wide, the home where the boy died had been the subject of much legal action. At one point in time, the property had two separate foreclosure actions pending on it. In addition, one of the firms that generated some of the documents purportedly transferring ownership of the property is under investigation for "fabricating and/or presenting false and misleading documents in foreclosure cases" according to the Florida Attorney General's Office.

Miramar's City Code has safety requirements for pool fencing and enclosure. Neither safety requirement was met in the Dieudonne case.

This is not the only case where a child has drowned at a foreclosed and abandoned property. We should all be vigilant about these types of dangers, as the foreclosure boom is a crisis, with thousands of foreclosed homes nationwide that pose a safety risk attractive to children.

Lawyers for the families of the two young Hungarian tourists who died after the collision between the duck-boat and a garbage barge have filed suit in PA state court, against both the tour operator and the tugboat company.

Attorneys claim that the deaths were senseless and preventable. Punitive damages are being sought.

I would guess that punitive damages may apply in this case, given the many safety measures that appear to have been violated by both vessels:

• a non-working airhorn on the duck boat;
• attorneys charge that the dead were trapped in the boat by the canopy of the duck boat; an NTSB report on a 1999 duck boat accident said that canopies on the amphibious vessels were a safety threat and should be removed;
• no look-out posted on the barge (violation of statute);
• attorneys received an anonymous tip, that at the time of the collision, the tug's helmsman had turned the volume of the vessel's marine radio down so he could talk on his cell phone; the duck boat's distress message went unheard.

Perhaps criminal charges will be considered by authorities concerning the helmsmans' lack of concern for safety on the river.

As mentioned in the most recent entry about the Ducks/barge collision, on Friday, July 9, a team of eleven National Transportation Safety Board investigators began their investigation into the accident.

From interviewing the duck-vessel's captain, the NTSB learned that he had tried to send a radio distress signal to the tugboat, and also that he had a non-working airhorn onboard, useless to warn river traffic.

The NTSB also spoke with the duck-vessel's deckhand and 16 survivors, before turning to focus on the captain and crew of the tug boat.

Many questions could be posed to them: Was the tug's radio tuned to the ship-to-ship channel, and the emergency channel? Was anyone on the tug monitoring the radio? Was the tug using its radar? Was the river "choppy", causing clutter on the tug's radar and making it difficult to see small boat traffic on the radar screen? How wide was the channel? How much small boat traffic is common on the Delaware River at Philadelphia-Camden?

Where were the tug's crew members stationed at the time of the accident? Because of the tugs position by the barge, pushing it from one side or "hip", was there a significant blind spot? Was the view up-river unobstructed? Was there a lookout on either the tug or the barge?

Inland Navigation Rule 5 ("Rule 5"), 33 U.S.C. §2005, requires vessels to post a proper lookout. Answers to the above questions will help the NTSB decide if a proper lookout was posted.

Clearly, one or both parties did not behave in a prudent and careful manner, or this collision, sinking and deaths would not have occurred. It will be up to the NTSB to assess fault and report on this matter.