Recently in gross negligence Category

November 14, 2010

Robbinsville Pit Bull Attack - Who's Responsible? Dogs, Owner or Town?

pit-bull-attack1.jpgPeople are rarely attacked by vicious dogs, but when those attacks happen to young children or the elderly they can be deadly. Particular breeds, like pit bulls, Rottweilers, Akitas and German shepherds are publicized as being more aggressive and dangerous than other breeds. While that is probably true, there is no question that pit bulls have been bred to be aggressive and strong.

A two year old Robbinsville boy remains in critical condition after being attacked and mauled by as many as 6 pit bulls that lived at the child's grandmother's home. The Asheville Citizen Times reported that the incident took place around 3:15pm last Saturday at a house on North Main Street across from the Robbinsville Elementary School. Neighbors and teachers at the school reported having seen the dogs running lose in town.

Someone at the school had complained to Town officials recently when he saw the dogs running down the sidewalk after a couple of kids on bikes. In the rural town, no leash law existed to prohibit a dog owner from allowing their dog to run loose. Approximately one week prior to the attack, the Robbinsville Town Council had considered passing a leash law but failed to do so. The mayor pro tem, Bobby Smith, admitted to feeling guilty that they did not already have such a law. A simple leash law might have prevented this tragedy.

Continue reading "Robbinsville Pit Bull Attack - Who's Responsible? Dogs, Owner or Town?" »

October 14, 2010

Safety Violations Caused Young Mother's Death in Pitt County Flatbed Trailer Crash

trailer safety violation.jpgEarly Tuesday afternoon, John David Ross, 29, of 2909 Royce Lane, near Winterville, drove his roofing crew toward a job site on northbound NC Highway 43. Behind Ross' Chevrolet pick-up truck was a home-made flatbed trailer loaded with shingles and other roofing materials. The investigating State Trooper said that the trailer lacked proper safety devices required by state law, such as a properly sized hitch pin and safety chains connecting the trailer to the truck.

As Ross' truck and trailer crested a short hill, the trailer suddenly detached from the truck and veered into the oncoming lane. Tragically, Lisa Langemann, 27, of 2005 Wallace Lane and her two young daughters were headed southbound in their SUV on NC Highway 43 at the same time. Langemann must have seen the trailer coming because witnesses say the SUV swerved to the right to try and avoid the collision, but the out of control trailer struck the SUV head-on. After the sudden impact, the SUV hit a ditch and flipped over.

Langemann died at the scene. Her 8 year old daughter is listed in serious condition at Pitt Memorial Hospital, and her one month old daughter was treated and released. Her family is devastated by her loss. Langemann was a second grade teacher at Bethel Elementary School in Pitt County. She was in her third year of teaching at the school. The teachers, administrators and students were shocked when they learned of the wreck.

Langemann's family could pursue a wrongful death claim against Ross and his roofing company. Given the type of safety violations that caused this crash, pursuing such a case could help provide for the care and upbringing of her two young children. While financial compensation could never bring back this wonderful teacher and mother, it might make a difference in her childrens' lives. While Ross certainly feels terrible about what happened, he is still legally responsible for the outcome.

Continue reading "Safety Violations Caused Young Mother's Death in Pitt County Flatbed Trailer Crash" »

July 10, 2010

Four Witnesses Watched Trucker Hit Cary Motorcyclist on I-85

Cary Motorcyclist.jpgThe North Carolina State Highway Patrol reported that four (4) separate witnesses called them about the horrendous crash caused by tractor-trailer driver Michael Gray Rigsbee, 38, of Creedmore. Rigsbee struck a motorcycle ridden by Sean Christopher Newman, 38, of Cary near mile marker 220 in Henderson, North Carolina. The collision sent Newman into the median. Newman was thrown from his motorcycle, and authorities say he was killed instantly.

Continue reading "Four Witnesses Watched Trucker Hit Cary Motorcyclist on I-85" »

June 26, 2010

Two Critically Injured In Claremont Motorcycle Crash

motorcycle crash near Claremont.jpgOn Thursday morning around 9:50 a.m., a motorcycle driven by Bruce Offenbacker, age 24, rocketed down NC Highway 10 at over 100 mph. On the back of the motorcycle was Offenbacker's 20 year old girlfriend, Jasmine Shope of Newton.

As the motorcycle approached the intersection of Bethany Church Road, Isaiah Edgell, 44, was stopped in his 1989 Mazda pickup truck facing west on NC Highway 10, waiting to make a left hand turn into the Country Market. Iredell County Trooper C.M. Trouille just happened to be sitting in his marked State Highway Patrol vehicle behind the stopped pickup truck. When the pickup truck began to make its left hand turn, the motorcycle collided with the passenger side of the pickup truck at a high speed and with substantial force. Trooper Truoille stated he never even saw the motorcycle before impact. This crash was orignally covered by the Hickory Daily Record. The following video is a good example of how this crash happened:

Continue reading "Two Critically Injured In Claremont Motorcycle Crash " »

February 7, 2010

Sylva, NC Good Samaritans Killed By Negligent Truck Driver

truck crashes in snow.JPGA Sylva, North Carolina man and his son were killed by a negligent truck driver on Friday while trying to help a stranded motorist in Virginia.

Early Friday morning, around 12:30a.m., a passenger car spun out on a snow slick Interestate 81 near mile marker 58 in Wythe County, Virginia. The car came to rest in the left hand lane of the two northbound lanes. William Edward Smith Sr., 54, of Sylva, N.C., pulled his Dodge Caravan over onto the right hand shoulder and stopped so that his son could render aid to the stranded driver. As William Edward Smith, Jr., 25, of Mooresburg, Tenn. began making his way toward the stranded vehicle, a tractor-trailer driver lost control of his big rig and started jackknifing toward the minivan. The tractor trailer crashed into the minivan and then ran over the younger Mr. Smith. Both father and son were killed.

At the time of the crash, it was snowing quite hard and the road was white. The truck driver caused the collision because he violated several Federal Motor Carrier Safety Regulations. These safety rules require truck drivers to exercise extreme caution when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. If the roads become dangerous, the rules require the truck driver to stop driving. If the truck driver had followed the rules, then these two courageous men would still be alive.

Virginia State Police Trooper H.D. Mooney has not completed his investigation of this crash. Charges against the truck driver are pending.

Continue reading "Sylva, NC Good Samaritans Killed By Negligent Truck Driver" »

January 17, 2010

Johnson & Johnson Issues Giant Recall In North Carolina

Thumbnail image for Johnson & Johnson Bldg.jpgOn Friday, January 15, 2010, Johnson & Johnson, the multi-national conglomerate, issued a huge recall of several of its most popular over the counter medications, including Tylenol, Motrin and St. Joseph's Aspirin. The popular products have a strange moldy smell and have caused more than 75 people to become ill after taking the medicines. The symptoms range from nausea and vomiting to severe abdominal pain. Several people have sought medical attention after getting sick.

Johnson & Johnson apparently knew of the suspect drugs several months ago, but failed to promptly and thoroughly investigate the complaints. The moldy smell allegedly originates with a chemical used in treating the wooden pallets on which the products are shipped. Johnson & Johnson has not publicly disclosed the name of the chemical.

The Food and Drug Administration is also lobbing accusations that Johnson & Johnson should have notified them as soon as they suspected a problem. In a prior post about another drug making giant, Eli Lily, I explained how the FDA obtained billions as a result of the drug maker's violations of the Food, Drug and Cosmetic Act. Similar allegations by the FDA are considered likely in this case as a result of Johnson & Johnson's reckless disregard for the public's safety.

In a separate announcement, the Justice Department is alleging that the pharmaceutical giant has paid millions and millions of dollars in kickbacks to Omnicare Inc. to boost drug sales to patients in nursing homes. Federal prosecutors contend that Omnicare purchases of Johnson & Johnson medicines tripled during this under-handed scheme to more than $280 million. Such conduct will likely cost Johnson & Johnson tens of millions, as it should. Conduct by corporations that intentionally harms the public should continue to be subject these corporate wrongdoers to massive fines, criminal prosecution, and punitive damages.

January 11, 2010

Tractor Trailers Still Off Tracking In Western North Carolina

truck off tracking1.jpgA young mother and her child were recently driving west on US Highway 74 from Lake Lure to Asheville to visit relatives for the holidays. As the young women rounded a sharp curve about half-way into her trip, she encountered a tractor-trailer headed in the opposite direction. US Highway 74 is a restricted road, and it is illegal for tractor-trailers to travel it.

While the tractor was completely in its lane, the wheels of the trailer were more than half way across her lane. She braked immediately, and because of her low speed for the curve, she stopped in an instant, but it was not soon enough. The trailer tires rolled right over the front of her small compact car. This phenomena is commonly known as "off-tracking," and it happens on a regular basis in Western North Carolina.

The tractor-trailer did not slow down, nor did it stop, and it was gone before the young driver really knew what had happened. Fortunately, there was an eyewitness behind her, who turned around and followed the dangerous trucker until he was apprehended by the State Highway Patrol in Lake Lure. The trucker denied any knowledge that he'd run over the small car, but his companion in the truck told a different story. The trucker was charged with hit and run, operating a commercial motor vehicle on a restricted road, as well as other charges.

Continue reading "Tractor Trailers Still Off Tracking In Western North Carolina" »