Wrongful Death Lawsuit Filed After Accident on Double-Decker Tour Bus

wrongful death lawsuit

Family Files Wrongful Death Lawsuit Against Double-Decker Tour Bus Company

wrongful death lawsuitAfter a teenager died from striking his head on a freeway overpass while on a tour in an open-air double-decker tour bus, his parents have filed a wrongful death lawsuit against the tour bus company.

Matthew and Amy Zisette are the parents of victim Mason G. Zisette. The couple filed a lawsuit in Los Angeles Superior Court on Tuesday, January 20th, alleging that Starline Tours of Hollywood Inc., the bus driver Jose Barajas Curiel and New Flyer Industries Canada ULC, the manufacturer of the 2000 model bus, failed to warn passengers of potential dangers when passing under overpasses or bridges, and committed serious negligence when allowing tour bus passengers to sit on the top deck.

The incident occurred on July 10th, 2014. The 16-year-old victim reportedly attended a “Sweet 16” party with some friends, who then decided to take a 4-hour sight-seeing tour around the South Bay, focusing on Los Angeles and Hollywood. Mason was a 6 foot, 2-inch varsity tennis player about to enter his junior year at Mira Costa High School in Manhattan Beach.

On the tour’s return trip, the driver took a freeway from Sunset Boulevard and began driving at 60 miles per hour. Mason and some friends were on the upper deck, which was open to the air, admiring the sunset around 7:25 PM when 14-foot tall bus passed under a 15-foot-and-1-inch tall Arbor Vitae Street overpass near San Diego Freeway. The clearance, according to the lawsuit, does not allow passengers on the top deck to safely pass under the overpass, and the tour bus manufacturer, driver, and tour bus company all failed to monitor the passengers, and failed to warn of such a potential danger when passengers signed up for the tour and sat on the top deck.

“This recipe for disaster resulted in the back of Mason’s head impacting the … overpass in Inglewood near LAX,” the suit states. “Mason suffered a traumatic brain injury, fell motionless on the bus floor, never to wake again.”

The teenager died 2 days later, on July 12th.

The wrongful death lawsuit states that Starline Tours has “long been on notice of the risk of instant death presented by these double-decker buses. Despite this notice, (Starline) continues to needlessly and recklessly … transport the public on these double-decker buses.”

Mason’s family seeks unspecified damages in their wrongful death lawsuit.

The Strom Law Firm Can Help with A South Carolina Wrongful Death Lawsuit

The unexpected loss of a loved is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs.

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to file a South Carolina wrongful death lawsuit. A SC wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members in a wrongful death lawsuit may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Settlement Talks Begin in Comedian’s Wrongful Death Lawsuit Tied to Tracy Morgan Walmart Crash

wrongful death lawsuit

“Jimmy Mack” Family Begins Settlement Talks in Wrongful Death Lawsuit Filed After Tracy Morgan Walmart Car Accident

wrongful death lawsuitIn June of last year, comedians Tracy Morgan and James “Jimmy Mack” McNair were involved in a severe car accident with a Walmart truck, which killed McNair and left Morgan with a serious traumatic brain injury.

About 1 AM on Saturday, June 7th, 2014, Tracy Morgan’s limo van was hit by a Walmart truck on the New Jersey Turnpike. McNair died in the car accident, and Morgan was hospitalized with a broken nose, broken ribs, broken leg, and a traumatic brain injury that left him spending at least 5 months at a skilled nursing facility undergoing physical therapy. Morgan reportedly still suffers physical and mental difficulties due to the tractor trailer accident.

Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident. Morgan and McNair’s family filed separate lawsuits – Morgan filed a personal injury lawsuit against Walmart for negligence, and McNair’s family filed a wrongful death lawsuit against the retail giant.

The 62-year-old McNair grew up with Morgan in Peekskill, NJ, and was a friend and mentor for decades.

Although Walmart refutes the validity of Morgan’s personal injury lawsuit, the retailer reportedly has begun settlement talks in the wrongful death lawsuit for McNair, which involved McNair’s two children – 26-year-old Jamel, and 19-year-old Danita.

“Nothing will bring back their father,” the family’s attorney said. “But this settlement takes care of them and allows them to carry on their father’s legacy.”

“You don’t have to be a celebrity to make a difference in a lot of people’s lives,” Jamel McNair said. “My dad made a huge difference in a lot of people’s lives.

The terms of the wrongful death lawsuit settlement have not been publicized, and so far Tracy Morgan has not commented on Walmart’s offer. When Morgan filed his own personal injury lawsuit last November, the retailer tried to blame the accident on Morgan and McNair, claiming that their limousine was erratic or dangerous in some way. However, criminal filings against Roper, the tractor trailer driver, allege that he was driving between 60 and 65 miles per hour on the New Jersey Turnpike, which normally has a speed limit of only 55 mph, and at that time had reduced the speed limit to 45 mph due to construction.

“After I heard what Walmart said in court I felt I had to speak out,” Morgan said after the personal injury filing. “I can’t believe Walmart is blaming me for an accident that they caused. My friends and I were doing nothing wrong. I want to thank my fans for sticking with me during this difficult time. I love you all. I’m fighting hard every day to get back.”

The Strom Law Firm Can Help You with Your Wrongful Death Claim

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A South Carolina wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be awarded money for damages; money that can help with the expenses caused by the loss of their loved one.

Common wrongful death claims arise as a result of a:

A South Carolina wrongful death lawsuit seeks compensation for:

  • medical bills and funeral expenses
  • loss of income
  • loss of consortium and loss of support.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer and discourage others from engaging in such behavior.

If a loved one is the victim of a wrongful death, through no fault of your own, we may be able to help. We understand the emotional and financial impact of serious personal injuries. Our firm offers free consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800.

SC Paid $5 Million for Car Accidents Caused by Bad Roads

car accidents

South Carolina Spent $5 Million on Car Accidents and Personal Injury Claims Caused by Bad Roads

car accidentsLast year, a statewide survey showed that South Carolina has some of the least up-kept roads in the nation, which can result in accidents leading to South Carolina car accident and personal injury claims. Now, information obtained about the extent of the damage caused by the state’s poor road maintenance shows that South Carolina paid at least $5 million to motorists last year due to bad roads.

Records from South Carolina’s Insurance Reserve Fund showed that the state paid $5.1 million in personal injury, wrongful death, and car accident claims, along with another $2.3 million in legal fees. That was just 2014 – the preceding three years saw the state pay out $18.7 million in personal injury and car accident claims to motorists.

According to a report released on January 15th by TRIP, a Washington, DC-based national transportation organization, 46% of South Carolina’s roads are in such poor condition that they can cause vehicular damage, car accidents, traffic congestion, and personal injury or wrongful death. Deficient roads cost drivers in the state at least $1,250 per year in the form of car repairs, lost time, and fuel delays. The bad roads in the state cost motorists an estimated $3 billion every year – a financial investment that, if paid in taxes instead of personal injury or car accident costs, could go a long way to fixing the problem.

“The South Carolina Department of Transportation manages the 41,000 miles of state funded roads with the third lowest motor fuel user fee in the nation.  With an estimated additional $1.5 billion needed per year for the next 25 years to “get to good”, they are currently having to do the best they can with what they have,” said Eric Dickey, vice president of Davis & Floyd, Inc. and chairman of the South Carolina Alliance to Fix Our Roads (SCFOR).

“To me it’s a large chunk of money. Would we rather continue to pay out funds like this and put people in danger rather than come up with a viable solution to fix our roads and bridges?” said Rep. Chandra Dillard, a Greenville Democrat who sits on a House committee studying the state’s infrastructure needs.

Sen. Ray Cleary, a Georgetown County Republican who has spearheaded road-funding efforts in the Senate, said he was unaware that people could sue the state due to road quality-related personal injury and car accidents. “In the last five years, we’ve raised the cost of fixing the roads in South Carolina by $14 billion,” he said. “If that’s not a waste of taxpayer money, then what is? Why aren’t people like the Tea Party demanding these roads be fixed?”

“These conditions are only going to get worse if greater funding is not made available at the local, state and federal levels,” said Will Wilkins, TRIP’s executive director. “Congress can help by approving a long-term federal surface transportation program that provides adequate funding levels, based on a reliable funding source. If not, South Carolina is going to see its future federal funding threatened, resulting in fewer road and bridge repair projects, loss of jobs, and a burden on the state’s economy.”

The Strom Law Firm Can Help with South Carolina Car Accidents and Personal Injury Caused By Bad Roads

Our car accident lawyers are prepared to fight for compensation in the courtroom, and will defend your right to compensation for your past and future medical bills; lost wages and future earnings; your pain and suffering; and, in the event of a fatal car accident, even wrongful death. Contact the South Carolina accident attorneys at the Strom Law Firm, L.L.C. today for a free consultation to discuss the facts of your case and how we can help. 803.252.4800

Midnight Rider Reaches Settlement in Wrongful Death Lawsuit

wrongful death lawsuit

Family and “Midnight Rider” Producers Reach Settlement in Wrongful Death Lawsuit

wrongful death lawsuitThe family of a woman killed while working on the set of “Midnight Rider” earlier this year settled a wrongful death lawsuit with the producers of the independent film.

On Wednesday, November 19th, 11 defendants, including producers Randall M. Miller and Jody Savin, agreed to a wrongful death lawsuit settlement with the family of Sarah Jones, who worked as a camera assistant on the set of the film. On February 20th, a freight train barreled through the set of the movie, and Jones was killed after being struck by the train.  Unfortunately, train injuries occur more often than you might think.  According to Operation Lifesaver, there were 2087 accidents in 2013, leading to 929 injuries and 251 fatalities.

“While the crew had been told they would have 60 seconds to remove themselves, the equipment, and the hospital bed from the trestle bridge, the train approached with a rapid speed and the crew had less than 60 seconds to react,” the wrongful death lawsuit stated.

“Richard and Elizabeth Jones’ objectives in filing this lawsuit, after the death of their 27-year-old daughter, Sarah, have been clear and unwavering,” the family’s attorney said in a statement. “To find out what happened on the day of their daughter’s death, determine who was responsible, hold those who made bad decisions accountable and ensure this kind of tragedy never happens again on another film set. Today, we are another step closer to fully achieving those objectives.”

The wrongful death lawsuit  claimed that the “Defendants’ negligence actually and proximately caused Sarah’s injuries and death, rendering Defendants liable to Plaintiffs’ for Sarah’s injuries, pain and suffering, the value of her life, and all other elements of damages allowed under the laws of the State of Georgia.”

The terms of the wrongful death settlement have not been disclosed.

Wrongful Death Lawsuits in South Carolina

The unexpected loss of a loved is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs.

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to file a South Carolina wrongful death lawsuit. A SC wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members in a wrongful death lawsuit may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer  and deter others from engaging in such behavior.

The Strom Law Firm Can Help with A South Carolina Wrongful Death Lawsuit

The Columbia, SC wrongful death lawyers at the Strom Law Firm, LLC, will help you during this extremely difficult and emotional time. You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Rear-View Cameras Help Prevent Backover Accidents

backover accident

Car Accident Prevention Advocates Promote Rear-View Cameras to End Backover Accidents and Deaths

backover accidentAAA Mid-Atlantic safety officials say that recent tests conducted using rear-view cameras in some vehicles show that the added safety feature helps prevent backover accidents and deaths, especially involving children.

Recent tests conducted by AAA using rear-view cameras showed that the safety addition improved visibility behind the car, SUV, or truck an average of 46%. The researchers evaluated 17 vehicles from 11 different manufacturers, and used both factory-installed and aftermarket rear-view camera systems. They found that cars that were lower to the ground, like sedans, had 36% improved visibility behind the vehicle, while hatchbacks and SUVs had 75% improved visibility.

Rear-view cameras are a great supplement for drivers and are especially helpful for viewing the first 10 feet behind the vehicle, which are the most hazardous in terms of back-over risk for young children,” said John B. Townsend II, AAA Mid-Atlantic’s Manager of Public and Government Affairs. “However, while these cameras dramatically improve rear visibility, they do not replace the need to check around your vehicle for obstacles before getting in to your vehicle and backing up.”

Although the study did not completely prevent backover accidents, AAA said that the safety feature would go a long way to saving lives and preventing serious personal injury from such accidents. According to one safety group, KidsAndCars.org, 61 children were killed in backover accidents across the country in 2013 alone. The predominant age of children injured or killed in backover accidents is 1 year old – between 12 and 23 months. Tragically, in 70% of those accidents, a parent or relative is behind the wheel of the car that causes the accident.

“You can’t avoid hitting something you simply cannot see. Most people don’t realize how prevalent this problem is,” Janette Fennell, founder and president of Kids and Cars, said. “Or how preventable it is.”

“Everyone would agree that the worst thing that can ever happen is to lose a child,” Janette Fennell stated. “Add to that that you were somehow responsible — that you were the driver of the vehicle. Most parents never get over it.”

Consumer Reports offers a tool to measure the blind zone – not just a blind spot – around your vehicle so you as a driver can be aware of the backover and rollover potential of your vehicle. KidsAndCars.org adds that it is important to walk around your vehicle and inspect it closely to make sure no children are in the area before driving away, especially if you are in the vicinity of a child under the age of 5.

The Strom Law Firm Can Help with Car Accident Injury and Wrongful Death Cases

Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed through no fault of your own, whether from a defective product or in a car accident, you may have a wrongful death case. Contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Bicycle Accident Deaths Increase in US

bicycle accident death

Wrongful Bicycle Accident Deaths Increase

On Monday, October 27th, the Governors Highway Safety Association released a survey showing that, between 2010 and 2012, bicycle accident deathbicycle accident deaths rose 16% in the US, after dropping steadily since 1975.

More people in the United States are using bicycles as a regular form of transportation, which means there are more cyclists on the road than in previous decades. Bicycle accident deaths caused by a collision between a bike and a car account for 2% of all deaths involving motor vehicles nationwide. California leads the country in bicycle accident deaths, with 5% of traffic accident fatalities involving a cyclist and a car; Florida came in second, with 4%.

Nationally, bicycle accident deaths jumped from 621 in 2010, to 680 in 2011, to 722 in 2012 – the last year data was available. Six states – California, Florida, Illinois, New York, Michigan, and Texas, in that order – accounted for 54% of all bicycle accident deaths in the two year period.

The report observed that “roads were built to accommodate motor vehicles with little concern for pedestrians and bicyclists. Integrating motor vehicles and bicycles in already-built environments presents challenges.”

“The report is just another sad reminder of how vulnerable people are when they ride a bike,” said Jim Merrell, campaign director for the Active Transportation Alliance, a Chicago-based organization that says it aims to make biking, walking and public transportation safer.

“These are high-population states with many urban centers and likely reflect a high level of bicycle exposure and interaction with motor vehicles,” said Dr. Allan Williams, the report’s author and a former chief scientist for the Insurance Institute for Highway Safety.

Although the increase in bicycle accident fatalities is shocking, the numbers are still lower than the current worst year on record – 1975, in which 1,003 cyclists died in traffic accidents.

Bicycle Accident Injury and Wrongful Death Lawsuits in South Carolina

Unfortunately, injuries from bicycle accidents are very common.  Negligent drivers send several hundred thousand cyclists to the hospital every year.  Some cyclists protect themselves by wearing a helmet, using a camera like a GoPro to film potential accidents, and obeying traffic laws, but sometimes that is not enough to prevent serious personal injury from a bicycle accident.

South Carolina bicycle accidents most often lead to:

  • Broken bones
  • Spinal cord injuries
  • Head trauma, including traumatic brain injury
  • Road rash
  • And sometimes death

Whether were hit in a crosswalk, intersection, or on the road by a car following too closely, distracted driving, aggressive driving or failure to yield the right of way, the South Carolina personal injury accident lawyers at the Strom Law Firm, LLC will fight to secure fair compensation for your injuries.

If a loved one is severely injured or dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A wrongful death lawsuit filed asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

The Strom Law Firm Can Help with Bicycle Accident Personal Injury Cases

If you are unsure of your rights, as a driver, pedestrian, or bicyclist, and you or a loved one have been injured or killed in an accident, you may be entitled to compensation for medical bills, lost wages, emotional damages, or funeral costs. The experienced lawyers at Strom Law, LLC, can help. Please contact us for a free consultation regarding your personal injury case. 803.252.4800.

Trucking Company Could Be Liable for Distracted Driving Collision

trucking accident

Trucking Company Under Investigation for Oklahoma-Area Distracted Driving Collision, Not Driver

trucking companyA Nashville, TN-based trucking company is under investigation after one of their drivers in Oklahoma allegedly crossed the median without any signs of braking or attempting to avoid the collision, which led to an accident that killed 4 Texas community college women’s softball team members, and injured several others.

The driver, Russell Staley, has not yet been criminally charged for the trucking accident, although police reported on Sunday, September 28th that they believe the cause of the accident was distracted driving.

The truck reportedly traveled 820 feet over the median on Friday, September 26th, before crashing into the sports team’s touring bus. Four of the softball team girls were killed, and two were hospitalized. Current reports state that the softball player who was in critical condition is improving.

“As a parent of a daughter in college, I realize — and I think we all realize — that this is truly a parent’s worst nightmare,” said National Transportation Safety Board board member Robert L. Sumwalt. “Our goal, our entire reason for being here, is to prevent things like this from happening again.”

The NTSB is currently investigating the distracted driving trucking accident. The agency believes that the root cause of the trucking accident was distracted driving, and not road conditions, driver exhaustion, or drug or alcohol impairment. The truck hit the side of the bus, and then kept going off the road. Authorities said it took over an hour to find the truck after the accident.

A vigil was held at the Texas community college’s campus on Sunday, September 28th. School administrators said that the loss really hit the small college, which only has 10,000 students.

“Right now, it’s being investigated like a homicide,” Highway Patrol Capt. Ronnie Hampton said.

The trucking company, Quickway, which is based in Nashville, TN, had not been involved in a trucking accident with fatalities since mid-August 2012.

Trucking Accidents Can Cause Serious Injury and Wrongful Death

Accidents involving heavy commercial vehicles such as semi tractor trailers, flatbed or tanker trucks, buses, or construction accidents can often result in a serious injury or death.

Many times truck drivers cannot see in certain blind spots around their large 18 wheeler.  You will also find that many truck drivers do not follow the speed limits and rules of the road.  They are pressured by deadlines and DOT regulations are often racing to get to their destination

Tractor trailer accidents can also occur as the result of driver fatigue.  Drivers may get distracted or even fall asleep at the wheel, leaving them unable to avoid a trucking accident. Injuries sustained in these types of accidents can be disabling. Accidents involving heavy commercial vehicles can cause:

  • traumatic brain injury,
  • paralysis,
  • severe disability, and
  • even death.

The Strom Law Firm, LLC can help you if you have been injured in a trucking accident. With careful analysis and investigation we will look at critical factors including:

  • maintenance and equipment records for the truck;
  • whether the truck load was appropriate, properly sized and within the weight limit;
  • Weather, road, and grade conditions;
  • whether the driver was operating within DOT regulations.
  • Driver exhaustion or distracted driving

If you or a loved one has been such a victim, contact the Strom Law Firm, LLC trucking accident lawyersWhether you were injured in a bus accident, tractor trailer accident, or any other commercial vehicle accident, we can help. Contact us today at 803.252.4800.

NASCAR Driver, Tony Stewart, Could Still Face Wrongful Death Lawsuit

wrongful death lawsuit

NASCAR Driver, Tony Stewart, Cleared of Criminal Charges, Faces Wrongful Death Lawsuit

wrongful death lawsuitAfter an horrific crash that killed one NASCAR driver, Tony Stewart, the driver responsible has been cleared of criminal charges and liability, but the victim’s family may still pursue a wrongful death lawsuit.

In August of this year, driver Tony Stewart accidentally struck and killed fellow NASCAR driver Kevin Ward, Jr. in a sprint-race.

The accident occurred at Canadaigua Motorsports Park, when Ward reportedly pulled over and exited his vehicle, attempting to flag down Stewart in what appeared, according to surveillance footage, to be an attempt to confront the other driver. Ward reportedly spun out while racing alongside Stewart. When Ward stepped into the track, however, Stewart’s vehicle hit him, leading to Ward’s death.

On Wednesday, September 24th, a grand jury chose not to indict Stewart on criminal charges, although there was evidence that Stewart was high on marijuana at the time of the crash. Stewart could have faced serious manslaughter and DUI for drugs charges.

“I am sure from their deliberations and discussions that the fact that Kevin Ward was observed running basically down two-thirds of the track, into a hot track in the middle of other cars that were still racing, played a big, big factor in their decision,” one prosecutor said. However, he added that Stewart had enough marijuana in his system to impair his judgment.

Ward’s family said they may file a wrongful death lawsuit against Stewart. They said that “focus should be on the actions of Mr. Stewart.”

“Our son got out of his car during caution while the race was suspended,” the family’s statement said. “All the other vehicles were reducing speed and not accelerating except for Tony Stewart, who intentionally tried to intimidate Kevin by accelerating and sliding his car toward him, causing this tragedy.

“There are no winners in tragedy. Our thoughts and prayers remain with the Kevin Ward Jr. family and Tony Stewart as they all cope with this tragic incident at Canandaigua Motorsports Park,” NASCAR said in a statement. “This has been a difficult time for everyone involved and we have respected the local authorities responsible for reviewing this case.”

Wrongful Death Lawsuits in South Carolina

The unexpected loss of a loved is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs.

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A wrongful death lawsuit filed asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer and deter others from engaging in such behavior.

The Strom Law Firm Can Help with Wrongful Death Lawsuit

The wrongful death lawyers at the Strom Law Firm, LLC, will help you during this extremely difficult and emotional time. You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

 

Family Settles with Greenville South Carolina Wrongful Death Lawsuit

South Carolina Wrongful Death Lawsuit

Greenville and Family Settle South Carolina Wrongful Death Lawsuit Involving Taser Death

South Carolina Wrongful Death LawsuitThe family of a 39-year-old schizophrenic man and the City of Greenville, SC have finally reached a settlement in a South Carolina wrongful death lawsuit.

In 2010, victim Andrew Orval Torres allegedly struggled hard enough with police officers, who were acting under a probate judge’s orders to take the schizophrenic family member to a hospital for treatment, that officers attempted to restrain Torres using tasers. However, the tasers ended up leading to Torres’s death.

According to the Greenville County coroner, Torres had an enlarged heart, which made him susceptible to cardiac arrhythmia and stress placed on his heart.

His family filed a South Carolina wrongful death lawsuit against the six police officers and the former police chief, Terri Wilfong. However, Wilfong retired as a police chief in April of this year, and was subsequently removed as a defendant from the wrongful death lawsuit.

The family filed the South Carolina wrongful death lawsuit against the Greenville police force for use of excessive force by deploying multiple Tasers over an extended time and improper physical restraint technique.” The family also alleged that defendants violated Torres’s constitutional rights and that Wilfong, as the Greenville police chief, “failed to promulgate adequate policies and failed to supervise her subordinates who use unconstitutional levels of force in taking mentally ill citizens into protective custody.”

Neither the family nor the city would disclose the terms of the wrongful death settlement, but plaintiff’s attorneys confirmed that an agreement was reached on Monday, September 22nd.

The family reported that they had warned Greenville police that Torres was prone to paranoid episodes and would refuse to cooperate when his medication stopped working. “They were also on notice that confrontational and aggressive tactics were counter-productive in peacefully taking Andrew into custody and produced a physical reaction of passive resistance to avoid being taken to the hospital,” the South Carolina wrongful death lawsuit stated.

Defendants said initially that they would specifically allege and show unto the court that Torres had a pattern and practice of hostile, threatening or unlawful behavior toward members of his family and/or the public, and of engaging in violent, aggressive and unlawful behavior toward law enforcement.”

Three officers involved in the incident were cleared of wrongdoing in Torres’s death.

Wrongful Death Lawsuits in South Carolina

The unexpected loss of a loved is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs.

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A wrongful death lawsuit filed asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer and deter others from engaging in such behavior.

The Strom Law Firm Can Help with Wrongful Death Lawsuit

The South Carolina wrongful death lawyers at the Strom Law Firm, LLC, will help you during this extremely difficult and emotional time. You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Man Charged with Felony DUI in Fatal DUI Accident

felony DUI accident

DUI Charges for Man Who Caused Fatal DUI Accident that Killed Two People

felony DUI accidentThe South Carolina Highway Patrol arrested a Westminster, SC resident on DUI charges after he caused a fatal DUI accident that led to a 5-car pile-up and the deaths of two people.

Around 7:45 PM on Saturday, September 6th, 52-year-old Drew Greene allegedly broadsided a vehicle, which killed the driver and passenger.

Victims Joshua and Michelle Silvers, 29 and 28 years old respectively, were killed in the fatal DUI accident when Greene drove through a red light and hit their car. Joshua Silvers was not wearing a seat belt and died at the scene of his injuries. His wife, Michelle, went into cardiac arrest at the scene and later died after being transported to a local hospital.

Investigators said five other people were hurt in the crash, after the initial car accident led to a multi-vehicle pile-up.

Greene has been charges with two counts of felony DUI for the fatal DUI accident.

On Monday, September 8th, a judge set Greene’s bond at $100,000. He will spend 60 days in jail due to outstanding warrants, and his next trial date is set for October.

DUI Accident and Wrongful Death Litigation in South Carolina

A car accident can transform a routine drive into a life-changing catastrophe. Every year, thousands of drivers end up in a South Carolina car wreck, and on average about 800 of them will lose their lives.

Typical causes of car accidents include driving under the influence of drugs or alcohol (referred to as driving under the influence, or DUI), automobile defect, failed maintenance, failing to be careful, speeding, running stops signs or stop lights, failing to yield the right of way, not paying attention because of using cell phone or PDA, adjusting radio or DVD player, or eating while driving.

If a loved one dies as a result of the negligence, recklessness, DUI, or intentional conduct of another, you may be entitled to bring a claim for wrongful death. A wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

Common wrongful death claims arise as a result of a:

  • tractor trailer accident,
  • automobile accident, including DUI accidents,
  • burn injury,
  • brain injury,
  • motorcycle accident,
  • construction site accident,
  • defective product,
  • toys or childrens’ product,
  • medical malpractice claim,
  • nursing home neglect and abuse, or an
  • injury sustained while working on the job.

The Strom Law Firm Can Help with DUI Car Accident Injury and Wrongful Death Cases

Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed through no fault of your own, whether from a defective product or in a DUI car accident, you may have a personal injury or wrongful death case. Contact the South Carolina personal injury accident attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800