Attorney Blog

Electronic Cigarette Blows Up in Man's Mouth, Suffers Severe Injuries

Wed, 22 Feb 2012 08:00:00 EST

Niceville, FL — A man is recovering from severe injuries after an electronic cigarette exploded in his mouth Monday night. Officials believe a faulty battery inside the device likely caused the accident, reported ABC News. Tom Holloway, 57, of Niceville, Fla., was smoking the e-cigarette in the study when it exploded, in which his wife likened it to a firecracker going off. The explosion knocked out all of Holloway’s teeth and part of his tongue, as well as causing a fire in the room. Officials say a faulty battery is probably the cause of the blast. Electronic cigarettes are the newest smoking-cessation device craze, in which the device simulated the act of tobacco smoking through physical sensation, appearance and flavor.
Call Lowry & Associates if you or someone you know has been the victim of a defective product.
Courtesy of AmericanInjuryNews.com

Pre-impact terror

Wed, 22 Feb 2012 08:00:00 EST

Pain and Suffering in a Death Case

            A trial last year in Franklin County, Missouri, is an example of how the suffering of a victim in the moments before a fatal crash can affect the award of damages to the victim’s family.

            In 2006 a crash of a skydiving plane resulted in the deaths of six people. The jury found that the manufacturer of an engine part was defective, causing an engine failure which preceded the crash. The defendant producer of a compressor turbine blade used a different alloy which sold for half the price of the metal called for by the engine manufacturer. The part broke causing the right engine to blow up shortly after takeoff.

            An important claim made at trial to support the amount to be awarded was that the people aboard the plane knew that it was going to crash and suffered 52 seconds of “pre-impact terror”. In addition to the $4 million the jury awarded to the family of each victim, a further proceeding for punitive damages resulted in an additional $28 million.

            Damages for pre-death pain and suffering in a wrongful death case, especially in a state like Maine where recovery for the loss of a loved one in a death case is severely limited, can be a very important part of the case, because the limitation on wrongful death damages does not apply to what happened before the death occurred, even if it was for only a very short period of time.

2 Women Hurt in Portland House Fire

Tue, 21 Feb 2012 08:00:00 EST

PORTLAND, Maine — Two people were hospitalized following a fire at a Portland home. Fire officials say the blaze started in a first-floor apartment in the home on State Street at about 3 p.m. on Monday. A woman who lived inside the apartment was taken to Maine Medical Center and a second woman was taken for evaluation. No names were made public. Fire Chief Robert Wassick tells WMTW-TV that the department is investigating the cause but it does not appear suspicious.
Call Lowry & Associates if you or someone you know has been injured or burned at the negligence of another.

Courtesy of the Bangor Daily News

Honda Expands Defective Airbag Recall

Mon, 20 Feb 2012 08:00:00 EST

Honda recently announced it was recalling certain cars in which the driver's airbag inflator pumped too much air into the bag, which can result in the airbag rupturing, sending metallic components through the airbag and into the air. According to NewsNet5 (12/29/11), 12 injuries and one death have been linked to the defective airbag inflators. Honda recently expanded its recall because 640 inflators have not been accounted for and may have been used as replacement parts. An additional 272,000 vehicles have been added to the recall.
Honda vehicles affected by the recall are 2001-2002 Accords, 2001-2003 Civics, 2002-2003 CR-Vs, 2001-2003 Odysseys, 2003 Pilots, 2002-2003 Acura 3.2 TLs and 2003 Acura 3.2 CLs.
Detroit News (12/03/11) notes that as of the December recall, Honda had recalled 2.53 million vehicles in the US because of faulty airbags.

If you or someone you know has been injured due to a defective product, Call Lowry & Associates.

Courtesy of Lawyers & Settlements.com

Inaccurate gas gauges

Mon, 20 Feb 2012 08:00:00 EST

Running Out of Gas

            Running out of gas can be an inconvenience, but it also can present a risk of being in a car crash.

            The manufacturers of motor vehicles have a responsibility to make their products as safe as possible, and this includes avoiding misleading drivers by installing gauges which are inaccurate.

            The National Highway Traffic Safety Administration initiated an investigation of 865,000 GM sports utility vehicles for faulty gas gauges which can indicate a level of gasoline which is more that actually exists in the gas tank. This action followed 668 complaints, including 58 which resulted in a stall because the fuel gauge readings indicated more fuel than what was actually in the tank. One complaint alleged that this occurred on an interstate exit ramp and that the stalled car was rear-ended.

            Another similar investigation is being made of a fuel tank problem on Ford        F-150 pickup trucks. The steel straps holding up the tank can rust and break causing a fuel spill and fire.

            When injuries happen in a car wreck the job of the attorney is often to look beyond the obvious to determine responsibility for the crash. A seemingly unimportant defect in a product may be a contributing cause for an injury or even a death.

Woman Awarded $6M For Injuries Sustained While Crossing Street

Fri, 17 Feb 2012 08:00:00 EST

A $6 million settlement has been awarded to a woman who suffered disabling brain injury when she was struck by a car while on a pedestrian crossing in Sacramento, CA. Cathy Lui, just 25 years of age in 2007, when the accident occurred, was hit while on or near a crosswalk located in an "S" curve on Freeport Boulevard in Sacramento. Liu filed a personal injury suit against the City, alleging that the curve impaired motorists' ability to see the crosswalk. The jury hearing the case agreed, and assigned 51 percent of the blame to the city, with the rest going to Liu and the motorist. It awarded more than $18 million, but the attorneys had previously agreed that Liu's damages could not exceed $6 million.

Call Lowry & Associates if you or someone you know has been injured in an auto accident.

Courtesy of Lawyersandsettlements.com

Car Crash Deaths

Fri, 17 Feb 2012 08:00:00 EST

Costs of Crash Deaths

            According to a report from the Centers for Disease Control over 30,000 people are killed each year in motor vehicle crashes. In addition to the devastation experienced by the survivors, these crash deaths resulted in $41 billion in medical and work loss costs in 2005.

            The CDC report analyzed the costs of crash deaths by state and found that half of all costs were found in 10 states headed by California at $4.16 billion. Also in the top 10 were Texas ($3.5 billion), Florida ($3.16 billion), Georgia ($1.55 billion), Pennsylvania ($1.52 billion), North Carolina ($1.5 billion), New York ($1.33 billion), Illinois ($1.32 billion), Ohio ($1.23 billion) and Tennessee ($1.15 billion).

           Maine ranked tenth from the bottom at $159 million. The state with lowest cost from crash deaths was Vermont at $73 million. Our neighboring state of New Hampshire was seventh from the bottom at $143 million. Of the $159 million in costs in Maine $2 million was for medical costs and $157 million for work loss costs.

            In Maine crash deaths 69% were motor vehicle occupants, 10% motorcyclists, 7% pedestrians and 2% bicyclists (the remainder not specified). By age groups 40% were young adults (ages 20 to 34), 31% adults (35-64), 21% teens, 4% children (0-14) and 4% were older adults (over 65).

            Behind these dry statistics is a heavy burden on our communities. There are, inevitably, some risks that go along with most human activities, but we should, in my opinion, be doing more to prevent the waste represented by motor vehicle crashes.

            You can see the full report by logging onto www.CDC.org and searching for Costs of Deaths from Crashes.

U.S. Urges Carmakers to Disable Dashboard Distractions

Thu, 16 Feb 2012 08:00:00 EST

Carmakers should design potentially distracting dashboard technology so it's automatically disabled while the vehicle is in motion, U.S. government safety officials said today. In recent years automakers have been loading high-end cars with an array of built-in gadgets that enable drivers to multi-task behind the wheel — equipment that enables text-messaging, Internet browsing, satellite navigation and phone dialing. But this technological advance has raised concerns that drivers' attention will be diverted from the road. Currently, 35 states and the U.S. capital enclave ban texting while driving, while nine states and Washington bar hand-held cellphone use. Thirty states ban all cellphone use for beginning drivers. But enforcement is generally not a high priority, and no states ban the use of hands-free devices for all drivers.

Courtesy of the Kennebec Journal

Student Sues Georgia School District Over Strip Search

Wed, 15 Feb 2012 08:00:00 EST

ATLANTA — A Georgia middle school student claimed in a lawsuit Wednesday he was humiliated and traumatized when he was brought to a vice principal's office and forced to strip in front of classmates who said he had marijuana. The student, then in the seventh-grade, said he still suffers from emotional distress because his classmates taunted him by calling him Superman, the underwear he was wearing when he was strip-searched. While the three classmates watched, the student’s pockets and book bag were searched but didn't find anything, the lawsuit said. One of the students told school officials he had lied about D.H. having drugs, but administrators continued the search as D.H. begged to be taken to the bathroom for more privacy, according to the lawsuit.

D.H. was ordered to strip and again, no drugs were found. The student's attorney, Gerry Weber, said a 2009 U.S. Supreme Court ruling found school officials can't perform even a partial strip search of a student, even if they have probable cause.

Courtesy of the Portland Press Herald.

A Hazardous Occupation

Wed, 15 Feb 2012 08:00:00 EST

Line of Fire

            Being a police officer or a firefighter carries a certain amount of personal danger, but being a lawyer? Not so much one assumes, but don’t tell that to this female lawyer in Connecticut.

            The lawyer recently settled her lawsuit against the City of Middletown based on an incident which occurred in the parking lot of Middletown Superior Court in 2005. It was during a divorce proceeding that the lawyer and her client were shot by the client’s husband, a retired state trooper, who then shot and killed himself. The client died, and the lawyer, who was shot four times, survived with serious injuries including facial scarring, hearing loss and post-traumatic stress disorder.

            The lawsuit was based on a claim that the city failed to provide protection in the courthouse parking lot and never informed the lawyer that the husband had tried on more than one occasion to bring prohibited items, including a knife and a gun, into the courthouse.

            A couple of things can be learned here: 1) lawyering can be more hazardous than expected, and 2) we are entitled to protection in the courthouse parking lot! Really?

Hermon Woman in Critical Condition After Old Town Crash

Tue, 14 Feb 2012 08:00:00 EST

A Hermon woman who was airlifted to a Bangor hospital on Friday evening after the car she was driving collided with a tractor-trailer was airlifted later to a Portland hospital, Old Town Police said Monday.
Holly Martin was traveling north at about 4:50 p.m. Friday when she decided to exit onto Bennoch Road at mile marker 199 and collided on the overpass with a tractor-trailer driven by Brian Reeves of Bangor. He was not injured, but she was trapped in the wreckage. “From what we could tell there were a lot of internal injuries,” police said. Martin, 27, was listed in critical condition at Maine Medical Center on Monday afternoon.

Call Lowry & Associates if you or someone you know has been injured in an auto accident.

Courtesy of the Bangor Daily News

Woman Airlifted to EMMC After Crash

Mon, 13 Feb 2012 08:00:00 EST

LEMOINE, Maine -- A woman who was the sole occupant of a pickup truck which slid on ice into a utility pole had to be airlifted by a LifeFlight helicopter to Eastern Maine Medical Center.

The pickup was heading toward Trenton when it apparently slid on snow, and high winds caused the truck to continue to drift across the road Sunday afternoon around 2:30 p.m. The force of the crash knocked the pole down and flipped the truck onto its roof. Wires from the pole ensnared the truck according to Lamoine firefighter who responded along with units from Hancock.

"Fortunately the wires on the truck weren't charged, but Bangor Hydro cut the power," said Lamoine volunteer firefighter Stu Marckoon. "Bangor Hydro-Electric Co. got there veryu quickly."

The accident caused a power outage affecting approximately 250 Bangor Hydro customers.

Courtesy of Bangor Daily News

Lowry & Associates represents people who have been injured in car crashes.

Dangerous Winter Conditions

Mon, 13 Feb 2012 08:00:00 EST

Sledding Accident

           Serious injuries are often the consequence of winter conditions.
            A man slid into a parking sign while sledding at a city park in Sioux City, Iowa, injuring his spinal cord and causing him to be paralyzed from the waist down. As a result he lost his job, and his family lost their home. In settlements with the city and its insurance company he has recovered over two and a half million dollars.

            Premises liability cases are almost always difficult to prove, because the person seeking compensation has to show that the owner of the property knew of the dangerous condition and failed to take proper action to correct it. In this case it would have had to have been demonstrated that the city provided its park to the public for the purpose of winter sledding and that the parking sign was situated in a position where there was a reasonably clear danger that sleds would collide with it, and then further that the plaintiff could not have avoided the collision through the application of reasonable care.

            Many plaintiffs’ cases in Maine have been lost, especially in cases of falls on ice, because juries tend to think that dangerous ice and snow conditions are a part of life in this state, and people should be careful where they are stepping. Nevertheless these cases often involve serious injuries, and Lowry & Associates has been successful in recovering many thousands of dollars for Maine residents who have been the victims of dangerous conditions caused by ice and snow.

Fatal Fire in a Camper

Sat, 11 Feb 2012 08:00:00 EST

CORINTH, Maine -- Tragedy struck a family yesterday morning as a camper fire claimed the life of a 7-year-old boy whose body was discovered in the burnt-out trailer. When firefighters arrived on the scene the trailer was engulfed in flames.

The boy's parents weren't at home when the fire broke out. The boy was home from school because of illness and was asleep in the trailer at the time of the fire. Crews from Corinth, Hudson, Glenburn and Bradford battled the blaze.

The cause of the fire is still under investigation.

Courtesy of the Bangor Daily News

Lowry & Associates has represented the victims of fires in the home in a number of cases.

Head-on Collision Avoided on I-95

Fri, 10 Feb 2012 08:00:00 EST

HAMPDEN, Maine -- A 21-year-old driver wa shaken up but unhurt as she crashed into a barrier in order to avoid a head-on collision with a vehicle that was traveling the wrong way on the Interstate. A Maine State Police spokesman said that a 78-year-old Exeter woman got turned around when she left the Hampden rest area and headed north in the southbound lane of I-95. She made it for about half a mile when she met a Trailblazer driven by the 21-year-old from Skowhegan who swerved to miss a head-on collision and struck the guard rail before crossing both lanes of traffic and striking a concrete barrier on the side of an overpass. Neither driver was injured in the near miss, but the Trailblazer was badly damaged.

Courtesy of the Bangor Daily News

Lowry & Associates helps people who have been injured in vehicle collisions.

Granddaddy of Frivolous Lawsuits

Fri, 10 Feb 2012 08:00:00 EST

Granddaddy of Frivolous Lawsuits

            As personal injury attorneys it is extremely rare that we see a client who is faking an injury or manufacturing a case in an outright fraud. There are simply too many ways to easily determine if the story the client is telling holds water.

            A recent case inTampa,Florida, however, takes the cake.

            After pleading guilty to three driving under the influence manslaughter charges and being sentenced to 12 years in prison for a crash that killed three people, David Belniak has file a lawsuit against the now-deceased other driver claiming that the victim was at fault and seeking compensation for pain and suffering, mental anguish and loss of capacity for the enjoyment of life plus medical bills.

            According the police Belniak, who reportedly had alcohol and evidence of cocaine in his system, was driving his truck between 75 and 85 mph when he crashed into the back of the car driven by the victim who was stopped for a red light.

            His attorney is his sister, which may explain a lot.

Car Hits Kennebunk Girl Trying to Board School Bus

Wed, 08 Feb 2012 08:00:00 EST

A 5-year-old Kennebunk girl was taken to Maine Medical Center this morning after being hit by a car as she was trying to get on a school bus. The crash happened on Sea Road at about 8 a.m. eastbound traffic was blinded by the glare of the sun and could not see the bus or the girl, witnesses told police. The speed limit in that area is 35 mph and the car was traveling at about that speed as it approached the bus, but apparently slowed quickly just before hitting the girl, said Kennebunk police. "The girl was conscious, breathing and crying," and her injuries do not appear life-threatening. The driver has not been charged.

Call Lowry & Associates if you or someone you know has been injured as a pedestrian in an auto accident.

Courtesy of the Portland Press Herald.

Rental Car Safety

Wed, 08 Feb 2012 08:00:00 EST

Unsafe Rental Cars

            Although there is no federal law requiring rental car companies to fix cars subject to safety recalls, the companies still do have a common law duty not to rent unsafe vehicles, a duty which they largely ignore.

            There are some steps that people who rent cars should take to protect themselves. Drivers should specifically ask the agent at the car rental company to check the vehicle’s VIN on their computer system to see if there is an outstanding recall before accepting it.

            After an ABC News investigation reported on the tragic story of sisters whose family spent five years in court fighting Enterprise, Hertz changed its policy and now no longer rents vehicles affected by recall notices. However no other major national car rental agency has changed its policy.

            Whether or not a safety recall is involved, car rental companies should be held responsible when their failure to provide a safe vehicle to a renter results in a crash and serious injury or death.

Auburn Crash Leaves Local Man Dead

Tue, 07 Feb 2012 08:00:00 EST

A two-car crash Sunday has claimed the life of an Auburn man and left an Arundel man in critical condition, according to Auburn police. Rick Farr, 43, of Auburn was traveling east on Minot Avenue in a silver Audi when it was struck by a westbound Jeep Cherokee hauling a snowmobile trailer operated by 37-year-old Matthew Harris of Arundel. The impact of the crash split the Audi in half and sent the Jeep Cherokee into a telephone pole. Farr, who was alone in the vehicle, was killed instantly. As of Sunday night, Harris was in critical condition at Central Maine Medical Center. Harris’s passenger, 35-year-old Sherri Walkeling of Arundel, was in satisfactory condition at CMMC.

Call Lowry & Associates if you or someone you know has been seriously injured in an auto accident.

Courtesy of the Bangor Daily News.

Kennebunk Man Held On Charges of Running Over Ex-Wife

Mon, 06 Feb 2012 08:00:00 EST

A Kennebunk man is being held on $2,000 cash bail at York County Jail on charges that he ran over his ex-wife with a pickup truck at the Kennebunk Middle School parking lot Friday night. Philip Bundy, 42, was being held on charges of reckless conduct and aggravated driving to endanger in connection with his ex-wife Chanin Hale, 40, of Old Orchard Beach. Kennebunk Police Lt. Anthony Bean Burpee said Hale fell to the ground during an argument with Bundy at about 6 p.m. and was run over by Bundy’s pickup truck. Bundy remained on the scene until rescue personnel and police officers arrived, police said.

Call Lowry & Associates if you or someone you know has been injured in an auto accident at the hands of another.

Courtesy of the Bangor Daily News.

Gas Explosion in the Home

Mon, 06 Feb 2012 08:00:00 EST

Home Fire Tragedies

            Two recent cases in other states are reminders of the personal devastation that can accompany a fire in the home.

            In a Tennessee case a suit has been filed against the utility company by the parents of an 18-year-old for the death of their son. According to the suit a device connecting the natural gas supply to the house failed allowing gas to seep into the residence. The young man died and his parents were seriously injured when the gas exploded.

            A wrongful death claim has been filed in Utah by the family of a 10-year-old boy who died in a fire in an apartment building. The suit alleges that the fire alarms at the apartment complex did not work and that the management company of the complex did not regularly inspect the alarms.

            At Lowry & Associates we have represented the victims of house fires in the past, both ones caused from leaking gas and ones in which the victim’s injuries were the result of missing or inoperative smoke alarms. Regular inspection and maintenance of gas lines and alarms can not only avoid the risk of being sued, but more importantly save lives and prevent serious injuries.

Ford Recalls 2011 Vehicles

Fri, 03 Feb 2012 08:00:00 EST

Ford is recalling certain model year 2010-2011 Ford Fusion and Mercury Milan vehicles equipped with 17 inch steel wheels and built from April 1, 2009, through April 30, 2009, and from December 1, 2009, through November 13, 2010. The wheel studs may fracture, potentially causing a wheel to separate. While driving, multiple stud fractures could occur at the wheel location, and the operator may experience vehicle vibration and/or wheel separation, increasing the risk of a crash. Ford will notify owners, and dealers will inspect the rear brake disc surface for flatness and replace the discs as necessary. Additionally, the wheel lug nuts will be
replaced on all four wheels. The safety recall is expected to begin on or about January 24, 2012. Owners may contact the Ford Motor Company Customer Relationship Center at 1-866-436-7332.

She Wants the Whole Truth!

Fri, 03 Feb 2012 08:00:00 EST

Insisting on the Truth

            As consumers I think that most of us take the labeling of food products to be more or less truthful, but we also have doubts about just what the terms mean. For example there has been quite a bit of controversy about the meaning of “organic”.
            Tropicana Products, Inc., which is owned by PepsiCo and dominates the market for orange juice and orange juice blends with more than $5 billion in annual sales, has been sued in a federal court in Sacramento, California, for deceptive advertising. According to the suit, which seeks class action status to represent all U.S. purchasers, the company deceives consumers by claiming that its Pure Premium juice is “100% pure and natural” when in fact the juice is put through extensive processing, adding aromas and flavors that change its “essential nature” and give it a longer shelf life.

            Tropicana responds that it remains committed to offering great tasting 100 per cent orange juice with no sugars or preservatives.

            How this lawsuit will turn out is anybody’s guess, but manufacturers should take heed that their advertising better be truthful within the ordinary meaning of the words which are used or they may well be facing litigation.

$5.8M Awarded to Cyclist who Suffered Leg Amputation in Collision with Tractor-Trailer

Thu, 02 Feb 2012 08:00:00 EST

In 2008 James McClellan was 76 when the accident occurred. He was riding his bicycle in the city of Industry when he collided with a tractor-trailer. He lost his right leg and suffered a fractured pelvis and bowel injuries. During his hospitalization, which went on for nearly 12 months, he suffered numerous complications. In his lawsuit McClellan claims he went from being a healthy, active individual to someone who now requires help with almost all of his daily activities.
McClellen sued the driver of the rig, Scully Distribution Services (which had an independent contractor agreement with the driver) and J.T. McKinney Co. Inc, which owned the trailer, alleging they were all liable for the collision. The eventual settlement included $4.8 million from Scully, $1 million from the driver, and $15,000 from J.T. McKinney.
Call Lowry & Associates if you or someone you know has been seriously injured due to the negligence of another.
Courtesy of Lawyers & Settlements.com

Four students hurt in Farmington crash

Wed, 01 Feb 2012 08:00:00 EST

Four middle and high school students were taken to the hospital with minor injuries after the bus they were on Tuesday afternoon collided with a tractor-trailer on a slick stretch of U.S. Route 2. There were 14 students from Mt. Blue Regional School District 9 on the bus when it was hit around 2:50 p.m. at the intersection of High Street and Farmington Falls Road (U.S. Route 2), police Officer William Tanner said. The four students taken by ambulance to Franklin Memorial Hospital had minor cuts and bruises. They ranged in age from 12 to 18 and were able to walk off the school bus to get into the ambulances after the crash, he said.

Call Lowry & Associates if you or someone you know has been injured in a motor vehicle accident.

Courtesy of the Portland Press Herald.

Rollover car crashes often mean serious injury or death for occupants

Wed, 01 Feb 2012 08:00:00 EST

Rollover Protection

In a new rule which will become fully effective in 2018 the National Highway Traffic Safety Administration will require automakers to have new safety features for side windows to keep occupants from being ejected during rollover crashes by cars and small trucks.

In a statement released with promulgation of the new rule, the Administration said, “Rollover crashes are the deadliest of all crash types, and this is another important step in our efforts to reduce fatalities and serious injuries that result from them.” There were 8,267 deaths in rollover crashes in 2009, and the NHTSA believes that the new rule, which applies to vehicles with a gross weight rating of 10,000 pounds or less, will prevent an average of 373 deaths and 476 serious injuries every year.

Manufacturers are expected to meet the new requirements by modifying side-impact air bag curtains, making them larger to cover more of the window opening and more robust to remain inflated longer and designing them to deploy in both side crashes and rollovers.

This is just one part of the agency’s program to improve the safety of occupants in rollover crashes which already includes stronger standards to keep roofs from being crushed.

Family's Pet Pit Bull Attacks Two in Waldoboro, Maine Dog Bite Accident

Tue, 31 Jan 2012 08:00:00 EST

WALDOBORO, Maine — Two minors are recovering from injuries they suffered Saturday when the family’s pet pit bull attacked them in their home.
Police and rescue workers responded to 230 Kaler’s Corner Road in Waldoboro on Saturday evening to find a 12-year-old girl and 13-year-old boy suffering from what were described as injuries not considered life-threatening. Both victims were treated at the scene and then taken to Miles Memorial Hospital in Damariscotta. The dog was taken to the Lincoln County Animal Shelter and placed in quarantine and police continue to investigate the attack, according to Waldoboro Police Chief Bill Labombarde.

Lowry & Associates Stands Ready to Help Those Injured in Dog Bite Attacks.

Courtesy of the Bangor Daily News

State of Maine Seeks Ways to Upgrade "New Driver" Safety Precautions

Mon, 30 Jan 2012 08:00:00 EST

For the past month, a technical review panel consisting of a state trooper, driver education officials, officials from the state Department of Education, a student, an insurance industry representative and a psychologist have been listening to public comments and suggestions regarding rule changes for young drivers. Changes suggested include increasing the number of practice hours from 35 to 70, increasing the intermediate license period from 6 months to a year, and reducing the curfew for intermediate drivers from midnight to 10 pm. Secretary of State Charles Summers said drivers ages 16 to 24 are involved in an inordinate number of serious crashes each year, including eight crashes involving 12 fatalities since Christmas.

Courtesy of the Portland Press Herald

Injuries from Handheld Power Tools

Mon, 30 Jan 2012 08:00:00 EST

Dangerous Power Tools

More than 100,000 injuries from handheld power tools are reported every year ranging from simple lacerations to finger amputations and eye injuries and even death. Although many of these occur in work settings, injuries at home are on the rise.

Many of these injuries could be prevented with a simple design change or the addition of a simple guard, but even though the existence of an optional safety feature has been identified, the manufacturer often leaves the choice to the consumer. Faced with the burden of making the choice the consumer, who does not have access to information and expertise available to the manufacturer, will usually make the decision based on price. Safety should never be optional.

Frequently only after numerous people have been injured and following a lawsuit will a manufacturer offer optional safety devices as standard equipment.

Family That Lost Their Mother Awarded $20.6 Million

Fri, 27 Jan 2012 08:00:00 EST

Five years ago, Robin Aleo, 29, was at a pool party when she decided to go down the six foot Banzai Falls slide head first. When she neared the bottom the slide suddenly bottomed out and Aleo hit her head on the edge of the pool, breaking her neck and sending her to hospital unable to breathe on her own and paralyzed. She died at the hospital the following day. This week the Salem, MA judge hearing the personal injury case ruled in favor of Robin’s family, in the amount of $20.6 million dollars.
Lowry & Associates Stands Ready to Defend The Victims and Families of Defective Products.
Courtesy of Lawersandsettlements.com

Fair Recovery Denied to Bereaved Families

Fri, 27 Jan 2012 08:00:00 EST

Maine Limitation in Wrongful Death Cases

            A jury award in a San Diego wrongful death case has highlighted once again the disparity between community standards and a Maine statute which places a burdensome limitation on the amount which a bereaved family can recover against the corporation whose employees’ carelessness caused the death of a loved one.

            In the California case a car dealership performed a faulty tire repair with the result that a tread separation caused a vehicle rollover killing the driver and his wife who was a passenger. The young couple clearly were positioned for significant future earnings which would be recoverable in a Mainewrongful death case, as well as inCalifornia. The verdict of $14.4 million, however, reflected a large sum for the loss of companionship suffered by the deceased’s three young sons who were the plaintiffs in the lawsuit, a sum which would be limited under Mainelaw to $500,000 for each victim.

            In my blogs I like to point out from time to time the unfairness of the present Maine law on wrongful death actions in hopes that the Legislature will take action to rectify this injustice. After all, isn’t a jury of citizens better qualified than the Legislature to determine fair compensation on a case by case basis?

Gorham Man Dies in Wrong-Way Collision On I-295

Thu, 26 Jan 2012 08:00:00 EST

State Police identified the man killed in a Wednesday night's crash on Interstate 295 in Freeport as Daniel Cressey Sr., 78, of Gorham. Police say Cressey drove north in the southbound lanes for at least two miles, swerving to avoid oncoming cars, and finally crashed into a car driven by Mary Warner, 58 of Holden. Warner is being treated for injuries at Maine Medical Center. Her condition was not considered to be life-threatening.

Call Lowry & Associates if you or someone you know has been injured in a vehicle accident.

Courtesy of the Portland Press Herald

Man Dies in 2 Vehicle Accident in Jefferson, Maine

Wed, 25 Jan 2012 08:00:00 EST

Police say 73-year-old Robert Lawrence was pronounced dead at a hospital after the crash on Route 32 at about 9:30 a.m. Tuesday. The driver of the other vehicle, 19-year-old Johnnie James of Nobleboro, was unhurt. Police tell the Kennebec Journal that James failed to stop at the intersection, struck Lawrence's Jeep, forcing it off the road and on to its side. There was no immediate word on possible charges as the crash remains under investigation.
Lowry & Associates stands behind the families of those injured in wrongful death accidents.
Courtesy of the Portland Press Heald

Putting the Brakes on Animal House Mentality

Wed, 25 Jan 2012 08:00:00 EST

A Victim of Hazing

            It appears that Utah State University will be making significant changes in it policies and enforcement of rules in order to protect freshmen from the hazards of hazing and binge drinking at the school’s Greek letter fraternity houses.

            The family of a freshman who died of alcohol poisoning at a party staged in his honor during initiation week has settled its lawsuit against the university based on claims that the school failed to exercise meaningful oversight over its fraternities.

            Although the “animal house” mentality which leads to abuses and to sometimes dangerous initiation rites has long been recognized as having no place in our institutions of higher learning, one suspects that this sort of activity continues to take place.

            It is important that the colleges adopt strong rules to send this message to their students. Some years ago when my son was a student there, Colby College in Waterville took the extreme step of abolishing fraternities. That may seem like going a bit too far, but if that is what it takes to protect its students, then so be it.

            Sometimes it takes a law suit to wake up a university administration.

NH Woman Charged After Hitting 3 Schoolchildren in Crosswalk While Using Cellphone

Tue, 24 Jan 2012 08:00:00 EST

Tina Conlon, 35, of 15 Spruce Street, Somersworth, is being charged with negligent driving and failing to yield to a pedestrian in a crosswalk after driving her 2003 Honda Element in the path of three Dover schoolchildren ages 10, 14, and 16 just before 7 a.m. that morning, striking them with the vehicle and sending all three to Wentworth-Douglass Hospital with serious non-life threatening injuries. Conlon was allegedly distracted by messaging on her cell phone and using the vehicle’s radio at the time.

Call Lowry & Associates if you or someone you know has been injured as a pedestrian in an auto accident.

Courtesy of the Bangor Daily News.

Waterville Car Accident Involves School Bus with Four Children Onboard

Mon, 23 Jan 2012 08:00:00 EST

A Waterville car accident involving two vehicles, including a school bus carrying four students, leaves several shaken. The incident took place at approximately 2:15 on Thursday afternoon, December 1, 2011, at the intersection of First Rangeway, Western Avenue, and Chase Avenue.

According to reports, the driver of a sedan struck a school bus carrying four junior high school students and an aide at the five-way intersection. Fortunately, none of the children onboard were injured in the accident. It was unclear if either of the drivers were injured in the collision. Waterville Police Chief Joseph Massey described the accident as “minor.”

The sedan struck the right rear passenger side of the school bus. The accident occurred in a 25 mph zone; however, speed is not believed to be a factor. The identity of the car’s driver was not immediately made known by authorities.

The bus reportedly suffered only minor damage as a result of the collision.

The two-vehicle Waterville car accident remains under investigation by local authorities. It is unclear as to what caused the driver of the sedan to crash into the school bus.

This is an unfortunate incident, and we hope that no one was seriously injured in the accident.

For You Snowmobilers Out There!

Mon, 23 Jan 2012 08:00:00 EST

Here are a couple of recalls that we became aware of, and would like to share with our readers:
Arctic Cat has recalled the following 2011 F, XF, and M models of their snowmobiles, because during testing the headlamp fuse can fail, causing driver disorientation, posing a crash hazard.

Arctic Cat models Z1, TZ1, F, Bearcat, M, and CF. The front lower suspension arm can crack during use, leading to a loss of control which can cause severe injury or death.

Call Lowry & Associates if you or someone you know has been injured because of a defective product.

Courtesy of Justia.com

Hidden Danger of Defective Products

Mon, 23 Jan 2012 08:00:00 EST

Shades of the McDonalds Coffee Case

            In a case which is reminiscent of the famous McDonalds coffee case in which a New Mexico woman was awarded close to $3 million, mostly in punitive damages, for a burn caused by excessively hot coffee, a Georgia jury has awarded $1.2 million to a woman who was scalded by 190-degree water which shot out of a cappuccino machine in a convenience store.

            I cannot help but point out here that the award in the New Mexico case, which has been cited far and wide as a case of excessive jury action in a frivolous lawsuit, was for only $200,000, which was reduced to $160,000 because the plaintiff was found to be partly responsible for the spill. The remainder of the award was for punitive damages which equaled only the value of two days of coffee sales at McDonalds which was shown to have persisted in serving dangerously hot coffee in spite of being warned on numerous previous occasions.

            In the Georgia case the plaintiff was burned on her hand and arm as she held her cup near the machine resulting in a burn injury which will require an electronic implant to correct nerve damage.

            Defective products pose an array of hidden dangers all around us. Every month dozens of products are recalled because they pose a danger of injury. Lowry & Associates stands ready to help victims who are injured by product defects.

Scarborough Car Accident Involves School Bus, One Sent to Hospital

Sat, 21 Jan 2012 08:00:00 EST

A Scarborough car accident involving a school bus sends one person to the hospital after the school bus collides with a car. The incident took place at approximately 3:40 on Friday afternoon, December 2, 2011, along Route 1.

According to reports, a school bus collided with a car along Route 1. The force of the impact sent the school bus through the wall of a Sparkle Clean Car Wash. Fortunately, there were no children onboard the bus at the time of the accident.

Rescue crews transported the bus driver, who may have experienced a medical problem prior to the accident, to Maine Medical Center in Portland. The identity and condition of the bus driver was not immediately made known.

A bus monitor was also onboard the bus. It was unclear if that person was injured as a result of the collision. It was also unclear if anyone was in the car or injured in the wreck.

One person at the car wash reportedly jumped out of the way, unharmed, as the bus slammed through the wall.

The two-vehicle Scarborough car accident remains under investigation by authorities as they try to determine what caused the bus driver to crash into the car and into the car wash.

This is an unfortunate incident, and we wish the bus driver a speedy recovery during this difficult time.

Cumberland County Truck Accident Leaves One Hospitalized

Fri, 20 Jan 2012 08:00:00 EST

A Cumberland County truck accident involving two vehicles sends one person to the hospital with a serious head injury after a tractor-trailer and car collide. The incident took place on Monday evening, November 28, 2011, along Interstate 95 between Auburn and Gray.

According to investigators, a tractor-trailer and car collided along Interstate 95 near mile-maker 70. The force of the impact sent both vehicles into the median guardrail. The tractor-trailer ended up in the woods.

Rescue crews transported the unidentified driver of the car to Central Maine Medical Center in Lewiston. The driver was treated for serious head trauma.

It was unclear if the truck driver was injured in the wreck. The truck driver’s identity was not immediately made known.

Evening commuters were inconvenienced for at least 45 minutes as crews shut down the southbound lanes and cleared the accident scene. Some commuters claimed that they waited for almost an hour in standstill traffic.

The two-vehicle Cumberland County truck accident remains under investigation by local authorities. The cause of the accident or who may have been at fault was not immediately made available.

This is a terrible accident, and we wish both victims a speedy recovery during this difficult time.

Website Raises Over $30,000 in 12 Hours For 3 Year-Old Boy

Fri, 20 Jan 2012 08:00:00 EST

Three-year-old Lucas Gonzalez has hyper IgM syndrome — which means his immune system is unable to protect him. Even the smallest issue could seriously threaten his life.
A bone marrow transplant could give him a chance to be a normal kid, but Lucas' parents were unable to cover the costs associated with the transplant. They started a site to raise funds, yet their $50,000 donation goal seemed like a huge stretch — until a group of Internet strangers united to offer help. Everything changed with a post on popular link-sharing website Reddit:
“Hi Reddit, I'm Lucas! I'm 3 years old, have a 1 in 1 million disease, and need a bone marrow transplant!”
Within 12 hours, the donation amounted to $44,405 — with $31,000 being attributed directly to Reddit users.

Courtesy of HappyNews.com

Exploding Cell Phones

Fri, 20 Jan 2012 08:00:00 EST

Exploding Cell Phone

            I’m sure that many of us have now taken to using a smart phone and find them a valuable tool, perhaps almost a necessity, in this electronic age. I, like most of us I am sure, never give a thought to any potential for physical harm associated with smart phone use, but the fact is that injuries, though rare, can result.

            A Texas man suffered lacerations requiring a trip to the emergency room and stitches when the Motorola Droid he was using exploded in his ear. He had just purchased the device two days before and it appears that the screen burst outward. Oddly, the phone was still functioning and the battery was intact.

            A few months before the Dallas incident a man in North India died after his phone exploded. Most exploding phones occur when the device is being charged. A Chinese housewife was killed while talking with her husband while the phone was being charged, and a few years ago a teen-age girl in Wyoming was burned while sleeping. Her phone had been charging near her bed and she was injured while trying to put out the fire.

            These incidents are so rare that there is not much cause for concern, but I do think that wisdom dictates not using any cell phone while it is connected for charging.

Winslow Car Accident Sends Three to the Hospital

Thu, 19 Jan 2012 08:00:00 EST

A Winslow car accident involving two vehicles sends three people to the hospital after the two vehicles collide head-on. The incident took place at approximately 6:00 on Sunday morning, December 4, 2011, along Route 137.

According to reports, a female driver lost control of her vehicle along Route 137, known as China Road, and crossed the centerline and slammed into a second vehicle head-on. The driver of the vehicle that crossed the centerline has been identified as Erin Bickford, 32, of Winslow. Rescue crews transported her to Maine General Medical Center where she was treated for injuries and later released.

The driver of the second vehicle has been identified as Rayola Welch, 68, of Waterville. She was airlifted to Maine Medical Center in Portland. Her condition was not immediately made known.

A third victim, who was a passenger in Ms. Rayola’s vehicle, was also transported to the hospital where she was listed in serious condition. She has been identified as Bonnie Compagnon, 48, of Fairfield.

The two-vehicle Winslow car accident remains under investigation by local authority. According to Winslow police officer Linda Smedberg, neither speed nor alcohol is believed to be a factor in the crash.

This is an unfortunate incident, and we wish all the victims a speedy recovery during this difficult time.

Lincoln Girl Hit By Bus Wednesday Morning

Thu, 19 Jan 2012 08:00:00 EST

6-year-old Sophia Nelson is in serious condition at Eastern Maine Medical Center in Bangor after being hit by a school bus Wednesday. Sophia suffered a broken femur, four compression fractures in her skull and one in her neck, her mother told police Thursday. LifeFlight helicopter flew Sophia from Penobscot Valley Hospital in Lincoln to the Bangor hospital soon after the accident was reported at 2:45 p.m. Police said that she was “responsive, awake and talking at the scene.”

Courtesy of the Bangor Daily News

Call Lowry & Associates if you or someone you know has been injured as a pedestrian in a motor vehicle accident.

Transport to Hospital Probed in Skier Death in Maine

Wed, 18 Jan 2012 08:00:00 EST

David Morse, 41 of Canada died last Thursday en route to the Franklin Memorial Hospital after a skiing accident at Sugarloaf Mountain resort. His wife Dana Morse is alleging that the ambulance crew left her on the side of the road on the way to the hospital. Morse told the paper that she started the trip to the hospital in the front seat of the ambulance, but when she asked to sit in the back with her husband, the driver let her out on the side of the road about three-tenths of a mile into the trip and drove away. Franklin Memorial Hospital began an internal review Monday into the actions of Northstar Ambulance.

Call Lowry & Associates if you or someone you know has been the victim of medical malpractice.

Courtesy of the Portland Press Herald.

Vans With Too Much Capacity to be Safe

Wed, 18 Jan 2012 08:00:00 EST

Dangerous Vans

            Two rollovers involving 15-passenger vans in 2010 brought attention to how dangerous these vehicles are. The 15-passenger van, which is widely used by churches, schools, scout troops, day care centers and hotels, is one of the most dangerous vehicles on the road.

            Ford, GM and Chrysler all make a version of this van which is designed like any other van except that they have been lengthened to hold more passengers. The trouble is that when the extra riders are put on board, the van is three times more likely to roll over in an emergency. The problem is exacerbated when luggage and other cargo are added. The National Highway Traffic Safety Administration issued a statement which noted that the 2010 crashes raised questions as to whether the 15-passenger vans, especially when fully loaded, are unusually susceptible to rollover. The NHTSA found that the risk of rollover increases by as much as 85% with ten or more passengers.

            I am sure that most of us can remember the tragic crash in 2002 when 13 Guatemalan and Honduran workers were drowned when a 15-passenger van rolled over off a bridge in northern Maine. It is still common to see these vans on our highways today, and one can only hope that they will be driven with extra care.

Crash Sends Two Knox County Teens to the Hospital

Tue, 17 Jan 2012 08:00:00 EST

WASHINGTON, Maine — Two teenagers were hospitalized Tuesday morning after a vehicle driven by 18-year-old Katherine Holmes slid into a utility pole, snapping it in half. The 8 AM crash was because of unsafe driving speed, according to the Knox County Sheriff’s Department. Holmes was trapped in the car and had to be helped out by Washington firefighters. Her injuries are not life-threatening. The passenger, a 16-year-old boy from Washington, was not seriously injured. Neither teenager was wearing a seat belt, police said.

Call Lowry & Associates if you, or a loved one has been injured in an auto accident.

Courtesy of the Bangor Daily News

Lewiston Woman Charged With Stabbing Boyfriend

Mon, 16 Jan 2012 08:00:00 EST

Police say Liberty West was charged with domestic violence aggravated assault shortly after midnight Sunday at an East Avenue apartment in Lewiston where she lived with her boyfriend.
Sgt. David St. Pierre told the Sun Journal that the man, whose name has not been released, was treated and released at St. Mary's Regional Medical Center.
Call Lowry & Associates if you or someone you know has been the victim of a personal injury.

Courtesy of the Portland Press Herald

Carbon Monoxide Poisoning

Mon, 16 Jan 2012 08:00:00 EST

            Carbon Monoxide

            December, January and February are the prime months for incidents involving injury or death from carbon monoxide, so now is a particularly important time for being alert to the dangers of this lethal gas.

            CO is an odorless, tasteless invisible gas which is produced from inadequate combustion of a fuel. This can result from poor ventilation in a heating system, such as blocked chimneys or flues. Many incidents occur from the use of portable propane heaters or lanterns in enclosed spaces. In a report issued in October the Gas Safety Trust revealed a dramatic rise in the number of deaths resulting from carbon monoxide poisoning in the UK since 2010.

            Every home should be equipped with CO detectors kept in working order to avoid a tragedy caused by this silent killer.

Thursday's Snow Storm Causes Havoc on Maine Roads

Fri, 13 Jan 2012 08:00:00 EST

The storm hugged the coast for most of the day, dropping 10 inches of snow on Scarborough and 8 inches on Portland while inland communities such as Bethel got 6 inches. Southern Maine's heaviest snowfall since October sent dozens of cars spinning off roads Thursday, and led to one highway fatality. Patricia Tardif, 74, of Jay was killed when the car she was riding in went off Town House Road in Vienna and hit a tree. Her husband, Albert Tardif, 51, survived. "There were dozens of cars that slid off roads," The Dept. of Public Safety said. "It was challenging for drivers everywhere, but the vast majority of crashes were caused by people driving too fast." Dan Morin, spokesman for the turnpike authority, said conditions "were quite horrible" but no injuries were reported even after dozens of cars slid off the highway.

Courtesy of the Bangor Daily News

Call Lowry & Associates if you or someone you know has been injured in an auto accident.

Teen Drive Restrictions

Fri, 13 Jan 2012 08:00:00 EST

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Restrictions for Teen-age Drivers
      A bill pending in Congress, the Safe Teen and Novice Driver Uniform Protection Act (STANDUP), would restrict nighttime driving, limit the number of passengers in a teen’s car, prohibit the use of cell phones while driving and provide for a graduated driving license system.
      A recent national survey shows that nearly six in ten Americans support a federal law that would impose driving restrictions on teen drivers and institute a national graduated driving license system. This corresponds with low opinions about teen driving skills. According to the survey:
      81% rate teenagers as “average” or “poor” driver
      76% back a minimum age of 16 to receive a learner’s permit
      70% favor restricting unsupervised nighttime driving for those under 18
       65% support restricting the number of non-family passengers for drivers under 18, and
       81% are in favor of the prohibition of cell phones or texting while driving for younger drivers.
      The qualifications for the issuance of drivers licenses has, of course, always been a matter for each state, so it is somewhat surprising that such a federal law is being considered.

Hermon, Maine Crash Totals Two Vehicles

Thu, 12 Jan 2012 08:00:00 EST

Authorities cite driver inattention as the cause of a two-vehicle crash in Hermon Maine that demolished both vehicles. Justin Smith, 19 of Levant was traveling towards an intersection on Route 2, where he had a green light and proceeded through the intersection. As he was driving through, his vehicle was struck by a SUV driven by Kirsten Bower, 30 of Holden. According to police, Bower was turning onto Route 2, and thought she had enough time to make it through the intersection. Bower suffered a bloody nose, while Smith and his two passengers were uninjured.

Call Lowry & Associates if you or someone you know has been injured in an auto accident due to negligence.

Courtesy of the Bangor Daily News

Ford Recalls Over 450,000 Vehicles

Wed, 11 Jan 2012 08:00:00 EST

Ford says it's recalling nearly half a million minivans and SUVs because of a pair of mechanical issues.
The automaker is recalling 205,896 Freestar and Mercury Monterey minivans made during the 2004 and 2005 model years, because their torque converter output shaft may fail and cause a loss of power.
Ford is also recalling 244,530 Escape SUVs made during the 2001 and 2002 model years, because of a leaky brake fluid cap. If the fluid leaks, it could corrode electrical connectors and lead to a fire.
In the case of the Escape, Ford says there could be a parts delay. If so, owners should park their cars outdoors until the parts become available.

Call Lowry & Associates if you or someone you know has been injured due to product liability.

Courtesy of the Portland Press Herald

Distracted Drivers

Wed, 11 Jan 2012 08:00:00 EST

Distracted Driving

             Distracted drivers are becoming more and more common posing a serious safety problem on our highways, often resulting in crashes causing serious injuries or death. According to the National Highway Transportation Safety Administration 20% of injury crashes reported in 2009 involved distracted driving.

            There are three types of distraction:
Visual which involves taking your eyes off the road
Manual which involves taking your hands off the wheel
Cognitive which involves taking your mind off the focus of driving

            The more distraction types come into play, the greater the likelihood of a crash. Whether it is talking on a cell phone, putting on makeup, eating or simply fast forwarding to the next song, the cumulative effect can be deadly.

            Lowry & Associates is ready to help the victims of crashes caused by distracted drivers.

Biddeford Vehicle Crash Kills Passenger, Injures Driver

Tue, 10 Jan 2012 08:00:00 EST

Chaz Dorian, 19, was killed early Sunday morning when the vehicle he was riding in, driven by Patrick Beatson, 19, left the roadway and struck a garage, police said. Beatson failed to negotiate a curve on West Street and struck the garage, authorities say. Beatson was transported to Maine Medical Center with non-life threatening injuries, Beaupre said. Police say the driver was traveling well above the posted speed limit.

Call Lowry & Associates if you, or someone you know has been injured in an auto accident.

Courtesy of the Bangor Daily News

Alcohol and Texting Kill Two Teens in West Paris

Mon, 09 Jan 2012 08:00:00 EST

An early morning crash in West Paris left two local teenagers dead, and two with serious injuries. State police say that alcohol and texting were the major factors in the crash. The four occupants of the vehicle had left an underage drinking party, and were on their way back when the fatal crash occurred. Police received the call around 12:15 am, and upon arrival of the scene, they found a mangled vehicle at the base of a series of trees off Route 219. The driver of the vehicle was taken to Maine Medical Center in Portland, and is listed in critical condition.

Call Lowry & Associates if you or someone you know has been injured due to reckless driving.

Courtesy of the Bangor Daily News

Injury from Flying Body Parts

Mon, 09 Jan 2012 08:00:00 EST

Injury From Flying Body Parts

            Although the lower court ruled against her, a Chicago woman will be given a chance to recover in her personal injury lawsuit against the estate of a man whose flying body parts caused her injury.

            It seems that an 18-year-old man was crossing the tracks in a pouring rain with an umbrella over his head trying to catch a train when he was struck by a train traveling at more than 70 mph. A portion of his body flew about 100 feet onto the southbound platform where it struck the plaintiff causing a fractured leg and wrist and a shoulder injury.

            The trial court judge dismissed the case finding that the deceased could not have anticipated the plaintiff’s injuries, but the appellate court disagreed ruling that it was “reasonably foreseeable” that the high-speed train would kill the young man and fling his body toward the platform where people were waiting.

            The attorney for the plaintiff said, “If you do something as stupid as this guy did, you have to be responsible for what comes from it.”

            Lowry & Associates helps people who have been injured—even in freak accidents.

Madison Woman Survives Wednesday Evening Crash

Fri, 06 Jan 2012 08:00:00 EST

Courtesy of the Waterville Morning Sentinel
Angela Moody, of Madison is lucky to be alive. Wednesday evening, her vehicle was hit by driver Scott Frost of Norridgewock. Frost was traveling 60-70 mph in a 25 mph zone and hit Moody head-on, breaking numerous bones. She was transported to Redington-Fairview Hospital. The incident happened on Pine Street in Madison, just after 7 pm. Frost did not have his lights on, and though tests were not available, police readily state that Frost was “visibly intoxicated.” Frost suffered minor cuts and bruises and was also taken to Redington-Fairview, though he was released within an hour or so. He was then taken to jail.

Call Lowry & Associates if you or someone you know has been injured by the actions of a drunk driver.

A lawsuit on behalf of the government

Fri, 06 Jan 2012 08:00:00 EST

False Claims Act

            Did you know that the federal False Claims Act permits a private citizen to bring a lawsuit to recover money which may be due to the government?

            A recent example of this is pending in a federal court in Florida in which a former employee of Boca Raton Regional Hospital has accused the hospital of cheating Medicare out of at least $2 million. According to the suit the hospital used the wrong billing code to collect far more federal money for treating patients with heart problems than regulations allow.

            Under the Act the hospital could be forced to pay three times the amount it overbilled Medicare, and the plaintiff could recover as much as 30% of whatever damages the hospital is forced to pay.

20-year-old Phippsburg, Maine man dies in ATV accident

Thu, 05 Jan 2012 08:00:00 EST

PHIPPSBURG, Maine — A Phippsburg man was killed in an ATV accident around 1 a.m. Monday on Sebasco Road, authorities say.
Justin S. Thomas, 20, was driving east around a bend in the road when the ATV struck a utility pole, Sagadahoc County Sheriff Joel Merry said in a news release. According to Merry, speed and wet road conditions were factors in the crash. Thomas had a helmet with him, but it was unclear whether he was wearing it, Merry said.
Courtesy of the Portland Press Herald
Call Lowry & Associates if you or someone you know has been injured in an ATV accident.

What Is The Cost of Living In Maine?

Wed, 04 Jan 2012 08:00:00 EST

Look at the basic cost of living- rent, groceries, gas, everything- how much does it cost to live in Maine? A new study by the Maine Department of Labor tells us just that. A single adult needs to make $11.02 an hour in order to cover basic annual expenses of $22,925 a year, a statewide average. It’s lowest in Aroostook ($9.90), and highest in the Portland metro area ($12.53). If your family consists of two adults and two children, each adult would have to earn $13.35 an hour to cover expenses of $49,491, as a statewide average. Estimations are for folks living a frugal life- when looking at food, the methodology uses federal stats that “reflect the estimated cost of a balanced diet and do not include allowances for take-out, fast food or restaurant meals; the plans reflect what it costs to adequately meet nutritional needs, not typical consumer behavior,” the report said. Introduced in 1938, debate over minimum wage has divided lawmakers along political, financial and ideological lines. Increases have been sporadic and have not kept up with inflation, diminishing the minimum wage’s effectiveness as a means to ensure a minimal standard of living.

Courtesy of the Bangor Daily News

What do you think? What is a livable wage in the state of Maine?

Wrongful Death by Anthrax in Mail

Wed, 04 Jan 2012 08:00:00 EST

Anthrax Death Case

            A tentative settlement has been reached, subject to Justice Department approval, of a lawsuit brought against the U.S. government by the widow of a Florida editor who died in the 2001 anthrax mailing. She claimed that the government was at fault in failing to stop someone from working at an Army infectious disease lab from creating weapons-grade anthrax used in letters that killed five people and sickened 17 others.

            The government contended that there was no proof its actions, or lack of adequate security or precautions, directly caused the man’s death, but the lawsuit claimed that the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland, had a history of missing pathogens and a failure to track down dangerous microbes.

            An FBI criminal investigation concluded that a lone federal scientist mailed the anthrax attacks to locations in Florida, New York and Washington, D.C., including the Senate office building. He committed suicide before he could be prosecuted.

Fire Deaths in Maine Doubled

Tue, 03 Jan 2012 08:00:00 EST

From the Associated Press:

The number of fire deaths in Maine moe than doubled last year from the state's record low set in 2010. Ste;phen McCausland of the Maine Public Safety Department says the state recorded nine fire deaths in 2010. In 2011 the number grew to 23. He says the worst year for fire deaths was 1967, when 70 people died. The average for the past decade has been 17. The worst house fire happned in March, when two young sisters died in a fire caused by a torch that was used to thaw a frozen pipe in Lisbon Falls.

Call Lowry & Associates to find out if you have rights because of a death or injury caused by a fire.

Maine Car Accidents and Drowsy Driving

Tue, 03 Jan 2012 08:00:00 EST

With car crashes ranking among the leading causes of death in America, it’s shocking to know that drowsy driving is still a prevalent problem in this nation. Driving fatigued is dangerous and can lead to a serious Maine car accident.

The findings of a recent study

A recent AAA Foundation for Traffic Safety study reveals that:

Nearly a third (32 percent) of drivers admit to driving while having difficulties keep their eyes open
Approximately 41 percent of drivers admit to have fallen asleep at the wheel at some point
Approximately 16.5 percent of fatal crashes involved a drowsy driver

Equivalent to driving drunk, drugged, and distracted

According to AAA Foundation President and CEO Peter Kissinger, driving drowsy kills, just as sure as drunk, drugged, and distracted driving does.
“Drivers have a tendency to underestimate the impact being tired has on their driving ability, which puts themselves and others at risk,” said Peter Kissinger.
A Maine car accident can leave you with a debilitating injury and unable to pay your medical expenses. Call us today to order your free copy of our book, The BIG Secrets about Maine Injury Claims: What No One Is Telling You.
If you or someone you know has been injured in a car accident caused by a drowsy driver, contact one of our experienced Maine auto accident attorneys at Lowry & Associates at (888) 485-9501.

Waterville Car Accident Involves Winslow Rescue Vehicle

Mon, 02 Jan 2012 08:00:00 EST

A Waterville car accident involving a Winslow rescue vehicle leaves two vehicles damaged. The incident took place on Thursday afternoon, December 8, 2011, at Elm Street and Center Street.
According to reports, a Winslow utility pickup truck collided with a Ford Focus as it was attempting to make a left turn onto Center Street from Elm Street. The driver of the Ford has been identified as 63-year-old Alfred Trecartin.
The Winslow utility vehicle was en route to a call to Colby College where a student was reported as suffering from head pain. The pickup truck driver has been identified as Scott Higgins, 41, of Winslow.
It was unclear if anyone was injured in the two-vehicle accident. Mr. Trecartin’s car reportedly sustained “several thousand dollars” in damage, according to Waterville Deputy Chief Charles Rumsey.
A Delta ambulance was following Higgins’ truck at the time of the accident. The ambulance continued on to Colby College following the collision.
The two-vehicle Waterville car accident is still under investigation by local authorities. It is unclear as to what caused the accident or who may have been at fault.
This is an unfortunate incident, and we hope that no one was seriously injured in the collision.

Traffic deaths down

Mon, 02 Jan 2012 08:00:00 EST

From the Associated Press:

PORTLAND, Maine — Even as drivers are increasingly distracted by cellphones, email and texting, the number of highway deaths dipped to the lowest level in more than five decades in Maine and to an all-time low in neighboring New Hampshire in 2011, officials said Sunday.

Lowry & Associates help the families of victims who die in accidents caused by the carelessness of others.

Maine Car Accidents and Texting While Driving

Mon, 02 Jan 2012 08:00:00 EST

Recent studies confirm that texting and driving is dangerous. Yet, with many states introducing laws against this driving behavior, more and more people appear to be texting and driving, putting you and your loved ones at risk of being injured in a Maine car accident.

Latest findings of a recent study

In a recent study, the National Highway Traffic Safety Administration (NHTSA) found that:

Distracted driving claimed the lives of 3,092 people in 2010
Texting while behind the wheel was up 50 percent during that same period
At any given time, 1 percent of drivers are using a hand-held device

Young drivers

The NHTSA conducted a separate phone survey and found that 18 percent of young drivers admitted to sending texts and/or emails while operating their vehicles. Half of those drivers were between the ages of 21 and 24.

Maine enacts ban

In 2011, the state of Maine enacted its own ban on texting and driving. Drivers caught texting and driving could face a minimum $100 fine.
A car accident can leave you with a serious injury. That is why you should call us today to order your free copy of our book, The BIG Secrets About Maine Injury Claims: What No One Is Telling You.
If you or someone you know has been injured in a car accident caused by a distracted driver, contact one of our experienced Maine auto accident attorneys at Lowry & Associates at (888) 485-9501.

Billion$ Paid for Health Care Fraud

Mon, 02 Jan 2012 08:00:00 EST

More Evidence of Fraud on Health Care

            In recent years drug companies have been prime targets of federal fraud investigations which have recovered billions of dollars for Medicaid and Medicare.

            The British pharmaceutical company GlaxoSmithKline has agreed to pay $3 billion to the government to settle civil and criminal investigations into its sales practices for numerous drugs. The amount of the settlement is a new record surpassing the $2.3 billion paid by Pfizer in 2009.

            According to prosecutors the company paid doctors and manipulated medical research to promote Avandia, a diabetic drug which was linked to heart risks.

            It is heartening to know that something is being done about this problem, but seeing that the government has already recovered tens of billions of dollars, one can only wonder how much undiscovered fraud has cost the federal health care systems.

New Law for Motorcycles

Sun, 01 Jan 2012 08:00:00 EST

The Maine Legislature, in its infinite wisdom, has enacted a law which becomes effective today, January 1, 2012, requiring motorcycles to attach an inspection sticker to the mounting plate or on the rear fender or similar frame or body part of the motorcycle.

In my opinion this is an expample of government overreaching to fix a problem which does not exist. The existing law, which required that the certificate of inspection be kept with the vehicle registration, was working without any known problems. Apparently the sponsors of this new law thought that there might be some bikes around which did not have the required inspection and that they might have gone unnoticed. The problem is only hypothetical and has no basis in reality. Where is the evidence that uninspected motorcycles have caused accidents or pose a hazard on the roads and highways of the state?

As a matter of fact I have for a long time considered the whole motor vehicle inspection law in Maine to be a huge waste of resources. I spend quite a bit of time in the State of Florida where there is no requirement for cars to be inspected, and there seems to be no problem there with dangerous vehicles on the roads. My vote would be to do away with the inspection program altogether with the possible exception of trucks and other heavy duty commercial vehicles.

A Close Call For Construction Worker In Sanford

Sat, 31 Dec 2011 08:00:00 EST

Thu, 22 Dec 2011 08:00:00 EST

Although there are dozens of product recalls every month, most of which go unnoticed by the public, here are a few that should be of interest to Mainers and others:

Kiddieland Toys Limited has recalled about 12,000 Disney Fairies Plastic Racing Trikes. The plastic fairy figures protrude from the top of the handle bar posing a laceration hazard.

Approximately 85,000 tins of butter cookies have been recalled by Rite Aid because of the possibility of contamination.

Smucker has recalled thousands of jars of 16-ounce Smucker's Natgural Peanut Butter Chunky because of the possibility of salmonella contamination.

About 5,400 Cub Scout Wind Tech jackets imported from China and sold by Boy Scouts of America have been recalled due to cords with toggles at the hood/neck area and the waist which can pose a strangulation hazard.

Build-A-Bear Workshop of St. Louis has recalled its swimwear Set with inflatable inner tube which can be pulled over a small child's head posing a strangulation hazard.

Because the steering tie-rod can bend, causing a loss of control, about1,384 Artic Can All-Terrain Vehicles have been recalled by Artic Cat, Inc.

And here's a big one: Toyota Motor Company has recalled 550,000 vehicles worldwide to replace an engine component that could hamper steering.

Uninsured Motorist Insurance

Wed, 21 Dec 2011 08:00:00 EST

Uninsured Motorist Insurance

It is important for everyone who owns a motor vehicle purchase high limits to protect against the possibility of being injured by someone who does not have insurance or who has a policy limit which is insufficient to adequately compensate the injured person. As valuable as uninsured motorist coverage is, however, it is good to be aware that there are limits to the amount of protection it provides.

In the case of Farthing v. Allstate Insurance Co. decided by Maine’s Supreme Judicial Court last December the court made it clear that uninsured motorist coverage will be applied only to provide recovery to the extent that recovery would have been available if the wrongdoer had insurance with a policy limit equal to the amount of UM coverage. In that case the injured party was able to collect only $20,000, the guilty party’s policy limit, so Allstate, the injured party’s insurance company, paid only $80,000 even though the UM policy limit was $100,000. The plaintiff argued that since her injuries were worth more than $120,000, Allstate should have paid her the entire $100,000.

The court rejected the plaintiff’s argument and made it clear that “insurers may offset the amount of coverage available in UM policies to the insured by the amount actually paid by the tortfeasor,” and pointed out that the statute specifically mandates coverage that fills the gap left by an underinsured tortfeasor.

Shirley Man Dead After Being Struck by Vehicle Saturday Evening.

Tue, 20 Dec 2011 08:00:00 EST

Courtesy of the Bangor Daily News

Norman Pelletier of Shirley was pronounced dead at the scene of the accident where he was hit Saturday evening. Pelletier was walking along Route 15 when he was hit by John Ponkala, also of Shirley. According to the Piscataquis County Sheriff’s Department, Ponkala, traveling Northbound, fell asleep at the wheel and his vehicle drifted across the opposite lane and hit Pelletier. Authorities have yet to determine if speed or alcohol were factors in the accident.

Lowry & Associates stands ready to assist the families of people who are the victims of negligence causing wrongful death.

Three Not Seriously Injured in Kingman Crash

Mon, 19 Dec 2011 08:00:00 EST

Lincoln woman Kerri McAlpine, and her three daughters avoided serious injury when their car flipped over and landed in a ditch. McAlpine was driving her Chevrolet passenger car down a hill on Kingman road yesterday afternoon when, according to the Penobscot County Sheriff’s Department, Ms. McAlpine served to avoid bumps in the road, overcorrected, and slid into some loose gravel or ice, ultimately flipping over and landing upside down in the ditch. The women were taken to Penobscot Valley Hospital, where they were treated for minor cuts and bruises. The driver was the only one who claimed to not be injured. Speed is said to not have been a factor in the accident.

Lowry & Associates represents people who have been injured in car accidents.

Industrial accident

Mon, 19 Dec 2011 08:00:00 EST

A wrongful death lawsuit has been on behalf of the widow of a construction worker who fell more than 50 feet to his death while working on a construction site in Connecticut this past October.

The suit alleges that the defendant companies are at fault for allowing the worker to scale a roof of the sports complex without a safety belt. A gust of wind blew him off of a railing resulting in the fall to his death.

On December 1^st about 50 workers protested against the general contractor claiming that it should be held accountable for hiring subcontractors who don’t cover workers compensation benefits and sacrifice safety in exchange for cost savings.

Workplace accidents, including in particular industrial or construction accidents present a particular obstacle to plaintiffs, because under the laws of almost every state the injured worker, or his estate in the case of a death, is precluded from suing the employer which is protected by workers compensation laws. Other companies which have employees on the job, such as other subcontractors, who cause injury are fair game.

Motor vehicle Crash Sends Two to Hospital

Fri, 16 Dec 2011 08:00:00 EST

Limestone Police say that poor weather conditions resulted in a head –on collision on West Gate Road, just after 3:15 pm. Authorities arriving at the scene said there was a Pontiac passenger car in a ditch, and a Dodge in the middle of the road. The Pontiac had two occupants in it, one of which had to be extricated. They were taken to Cary Medical Center in Caribou, with injuries that are said to not be life threatening. The driver of the Dodge was alone in the vehicle, and did not require any medical attention. Limestone Police say that slush and rain on the road were the probable factors in the crash.

Courtesy of the Bangor Daily News

Distracted driving

Fri, 16 Dec 2011 08:00:00 EST

Distracted Driving

It has been in the news lately that the National Transportation Safety Board (NTSB) has recommended that all use of electronic devices by the operators of motor vehicles be outlawed. This has raised considerable comment, both for and against.

I find it interesting that an article posted by the Associated Press on December 9 reported on a survey conducted by the National Highway Traffic Safety Administration which showed that at any given moment one in every 100 car drivers was texting, emailing, surfing the web or otherwise using a handheld electronic device.

Although there were an estimated 3,092 deaths in crashes in 2010 attributed to a wide range of driver distractions, most of the respondents to the survey said that they would answer a cell phone call while driving and nearly 20% admitted sending texts or emails while at the wheel. A quarter of those surveyed said that texting or emailing made no difference in their driving performance.

It is quite obvious that a huge educational effort will have to be made before the suggested ban on all electronic devices, including even hands-free ones, will be accepted by the public.

Pedestrian Hit By Car In Howland, Maine

Thu, 15 Dec 2011 08:00:00 EST

A local man from Howland was struck Wednesday night at around 6:20 pm. Penobscot Sheriff’s Department Deputy Patricia McLaughlin did not release the names of the pedestrian or the driver, but she did say that both parties are from Howland and that the man, 21, was walking with two of his friends on the River Road when he was hit by a Mitsubishi passenger car. Deputy McLaughlin says that the accident is still under investigation.

The Future of Cellphones- Banned? The NTSB Thinks So!

Wed, 14 Dec 2011 08:00:00 EST

NTSB Pushes for Ban on All Cellular Use While Driving

In wake of the ever-increasing power of “smartphones”, The National Transportation Safety Board is urging States to ban the use of cellphones and wireless devices in vehicles. The agency is making this push based on the evidence of a recent investigation, which found that numerous crashes were caused in part by wireless devices. The NTSB’s ban would not only cover cellphones, but also hands-free phone dialing while in the car, and headsets. The New York Times reports that over the last ten years, wireless phone companies have dropped their opposition to phone-use while driving. CTIA, the Cellular Telephone Industry Trade group released a statement saying that they would defer to states regarding such bans.

Landlord not responsible

Wed, 14 Dec 2011 08:00:00 EST

Landlord liability for injury on property

In a recent case in York County Superior Court the judge ruled that as a general rule landlords are not liable for dangerous conditions related to leased premises where the tenant has exclusive possession and control.

In that case plaintiff sued the owner of property based on an injury caused by the tenant’s dog even though it was admitted that the owner was not the keeper of the dog. The court’s decision was that the owner had no duty to control the dog and therefore the lawsuit was dismissed.

You may wonder why the injured plaintiff did not simply sue the tenant who owned the dog. The reason, no doubt, was that the tenant had no insurance and no assets which could be available to pay for any judgment against him.

Hamden Man In a Sticky Sitation

Tue, 13 Dec 2011 08:00:00 EST

Hamden Man Trapped in Concrete Mixer

From the Bangor Daily News- Happening Now

A 55-year old man is reported to be stuck inside a concrete mixer at Sunrise Materials in Hamden, Maine. The call came in to the Penobscot Regional Communication Center just after 1 pm. The man is said to be stuck in dry concrete mix, which could prove to be threatening if it is over the man’s head. The dispatcher confirmed that the man was able to respond to those trying to rescue him. Bangor’s Heavy Rescue Unit was sent out to help shortly after 1 pm.

Bleach bandit

Tue, 13 Dec 2011 08:00:00 EST

Clorox

I have a tendency to deride my wife when she checks the liquid level of every bottle on the shelf when shopping at the supermarket, but maybe she has a point!

Five northern California counties brought suit against Clorox Company alleging that the company was filling its bottles to only 80% of capacity. The action was successful when Clorox agreed to settle for $200,000.

So here is fair warning to all: you may be getting cheated on the quantity of stuff you buy in the store, so it is probably worth checking before buying.

Lewiston Man Arrested for Attempted Murder

Mon, 12 Dec 2011 08:00:00 EST

LEWISTON — A Lewiston man has been charged with attempted murder for allegedly sending a city woman to the hospital with stab wounds. Police say Cleveland O'Neal Cruthirds was arrested at 2:35 a.m. on Sunday following the stabbing Saturday night in a Blake Street apartment. The 25-year-old Cruthirds was held on $20,000 bail on charges of attempted murder, criminal attempt and violating a condition of release. Police say the victim was stabbed in the head and shoulder. Her name has not been released but authorities say she knew her assailant. Police say the attack appears to be an incident of domestic violence.

Article Courtesy of the Portland Press Herald
The Associated Press

Gay men's softball

Fri, 09 Dec 2011 08:00:00 EST

Much Ado About Something

Three players for a team in a gay softball league who were disqualified because they were “believed to be heterosexual” sued the North American Gay Amateur Athletic Alliance. Following the team’s second place finish in the 2008 Gay Softball World Series in Seattle other teams filed a protest because of persistent rumors that the team was stacked with straight ringers. The men were then required to answer questions about their sexual orientation and private lives in front of a roomful of 25 people, most of whom were strangers.

In a settlement of the lawsuit the gay organization agreed to pay the players an undisclosed sum, and the team got back its second place trophy. Also it issued a statement that bisexual players are welcome and that it regretted the impact the process had on the players and on their team.

Lesson learned: where there is discrimination, the possibility of reverse discrimination also exists.

Brunswick Collision Sends Two Women to Hospital

Thu, 08 Dec 2011 08:00:00 EST

Two women are recovering from back and neck injuries after a head on collision in Brunswick, Maine Wednesday night. Barbara Angell, 59 was traveling the wrong way along Route 1 when she collided head on with Brooke Sanborn, 29, of Bristol just seconds after she got on the road. Both drivers had to be removed from their vehicles using the Jaws of Life, and both vehicles were totaled in the crash. Both Angell and Sanborn were transported to Midcoast Hospital in Bath for their injuries. Police say that neither speed nor alcohol were factors in the crash.

Lowry & Associates represents those who have been victims injured in motorvehicle accidents.

Loss of Consortium

Thu, 08 Dec 2011 08:00:00 EST

LOC a Separate Action

In a case decided in July in Oxford County Superior Court, Sutton v. Sunday River, the court confirmed the proposition that a husband or wife’s claim for “loss of consortium” resulting from an injury to that person’s spouse is a separate cause of action. This ruling is consistent with a decision of the Maine Supreme Judicial Court handed down earlier this year.

Many in the legal community have long assumed that since the spouse’s claim is derivative and dependent on the claim of the injured person and since both arise from the same set of facts and are subject to the same defenses, the loss of consortium claim could not be brought as a separate action.

This recent case in Oxford County and the earlier Law Court decision now make it clear, however, that the two claims may be brought independently of each other. Thus if the injured party proceeds with his or her injury claim without including any claim for the emotional or other damage suffered by the spouse, the spouse is entitled to bring a separate lawsuit later to recover for his or her separate collateral injuries.

Personal Injury, Recovery, Auto Accident

Wed, 07 Dec 2011 08:00:00 EST

Jury Awards Woman Almost $300,000 for 2009 Crash
Courtesy of the Bangor Daily News

After a two day trial, a Penobscot County Jury awarded Annette Colangelo $285,000 in damages for a motor vehicle crash she was involved in 2009. The crash caused serious injury to Ms. Colangelo’s knee. She sued Clermont Begin in 2010 for unspecified damages resulting from medical expenses, pain and suffering, as... well as lost wages. Lawrence Willey, Colangelo’s attorney, said that after interest and costs, the total award is expected to exceed over $300,000. Colangelo was traveling along in Dixmont when she was struck by Clermont Begin’s vehicle. The jury found that he failed to stop and yield to Colangelo, resulting in the crash and her injuries.

Maine Motorcycles To Get Breast Cancer License Plates

Wed, 07 Dec 2011 08:00:00 EST

Breast Cancer License Plates a Maybe for Motorcycles

Courtesy of the Bangor Daily News

Meredith Burgess, a Maine State Representative, was behind the successful effort to get breast cancer specialty license plates on cars and trucks. What does she have her sights set on now? Getting the same results for Maine motorcyclists. Since 2008, the specialty plates have raised more than $400,000 for b...reast cancer research and support, through the sale of over 15,000 plates for cars and trucks. The proceeds from the proposed plates will be divided between the Maine Cancer Foundations’s Women’s Cancer Fund, Maine Breast Cancer Coalition’s Support Service Fund, and the Maine Breast and Cervical Health Program’s mammogram fund.

Much Ado About Something

Mon, 05 Dec 2011 08:00:00 EST

Much Ado About Something

Lesson learned: where there is discrimination, the possibility of reverse discrimination also exists.

Doesn't this prosecutor have something better to do?

Fri, 02 Dec 2011 08:00:00 EST

Playing Doctor

A prosecutor in Wisconsin brought first degree sexual assault charges against a six-year-old boy accused of playing doctor with a five-year-old girl. The girls’ mother, who walked in on the children’s play, suspected that the boy engaged in inappropriate touching.

The boy’s parents have initiated a lawsuit in federal court in Madison against the district attorney, the sheriff and a social worker alleging violation of the boy’s civil rights and seeking an injunction to prohibit proceeding with the prosecution.

They claim that the reason for the charges being filed is that the girl’s father is a political prominent person in the community and that the sheriff engaged in a relentless campaign to discredit, embarrass and humiliate the six-year-old boy.

Sexual harassment is clearly something which should not be tolerated, but going after little children who are exhibiting a normal curiosity, and certainly no sexual motivation, is a misapplication of the criminal system.

Insurance company hipocracy

Fri, 18 Nov 2011 08:00:00 EST

Insurance Company Scammed

We are used to seeing insurance companies ripping people off, typically by doing everything they can to avoid paying legitimate claims, but here is a case where the insurance company itself is complaining of being scammed.

Allstate Insurance Company has sued two New York medical professional corporations alleging that they were involved in a scheme to fraudulently bill Allstate for procedures which were medically unnecessary and often inappropriate.

As was noted by Jere Beasley, the prominent Alabama plaintiffs' attorney, "As I have mentioned on numerous occasions, corporate entities such as Allstate appear to really "like" the court system when they consider themselves to be victims. But when they are the wrongdoers, the corporate bosses have a totally different mind set."

Horrible injuries in train derailment

Wed, 16 Nov 2011 08:00:00 EST

A failure by the railroad in the proper operation, maintenance and supervision of its train and negligent maintenance and inspection of its railroad track has led to settlement of a wrongful death claim for $22.5 million and the settlement of an injury claim for $13.75 million by Canadian National Railway and two subsidiary companies.

The accident, which occurred in 2009, resulted when a train of 114 cars, including 74 tankers filled with ethanol, derailed causing a massive fireball explosion. The victims, a man and his wife and pregnant daughter, were sitting in their car waiting for the train to pass when a washout caused a derailment which in turn resulted the explosion involving 18 railroad cars carrying two million gallons of ethanol. The wife was killed as she ran from the car on fire, and the 19-year-old daughter, was injured and lost her baby.

The cases, which were pending in a Cook County, Illinois, court, were settled before trial. The man was awarded $22.5 million for the death of his wife, and the daughter received the sum of $13.75 million.

A representative of the railroad expressed sincere regrets and deepest sympathy for the entire family. The derailment remains under investigation by the National Transportation Safety Board.

Employees' rights often ignored

Tue, 15 Nov 2011 08:00:00 EST

We see successful lawsuits for violation of the federal wage and hour laws frequently enough to make us pretty sure that this sort of failure on the part of employers, whether intentional or not, is quite widespread.

Recently Sutherland Global Services, Ltd. settled a class action suit against it in which it was alleged that it failed to pay overtime to its call center telemarketers.

The suit involved hundreds of workers who, it was claimed, worked more than 40 hours a week, but were not paid overtime. Even though it denied the allegations, Sutherland agreed to a $4 million settlement.

Anyone who is aware of a situation where employees are being deprived of overtime pay should bring this to the attention of a law firm, especially if the employer has several or many outlets or stores. A class action lawsuit may be the best way to resolve this issue. It is important for workers that the laws for their protection be carefully observed.

Accident prevention by red light cameras

Sat, 12 Nov 2011 08:00:00 EST

As far as I know, we have not yet seen the installation of so-called "red light" cameras in Maine, but they may be on the horizon.

Fri, 09 Sep 2011 08:00:00 EST

To view a video introduction of today’s blog by Don, click on the link above.

In a landmark decision in June of this year Justice Crowley of the Maine Superior Court ruled that a person who observes an injury to his domestic partner is entitled to recover damages for the resulting emotional distress.

In this case plaintiff was the operator of a motorcycle, and his domestic partner was a passenger behind him when a car operated by the defendant turned left in front of them causing both plaintiff and his girlfriend to be thrown from the bike. In the instant which ensued plaintiff sat up and saw his partner lying on the ground moaning and rocking with cuts on her face and with swollen eyes. Because she was not responsive to him plaintiff concluded that she was seriously injured and he experienced anxiety that she might die or be permanently injured.

Recovery for bystander emotional distress has been limited by most courts to family members or persons with a “family relationship”, precluding people who are not “closely related to the victim”.

Plaintiff and his partner had co-habited for eight years, were registered as domestic partners with the City of Portland and maintained joint bank accounts. He carried her on his health and dental insurance, and she was the beneficiary of his life insurance. They filed separate tax returns and had no plans to marry.

In concluding that their relationship was equivalent to actual family ties Justice Crowley has taken a bold step in bringing the law into conformity with the reality of the modern world in which many couples have the close bond of marriage without the benefit taking the legal step to get married.