According to school officials, the bus was carrying 41 children when it wrecked and made a nearly three-quarter roll onto the driver's side. Responding emergency medical crews rushed 21 students by ambulance to Troy Regional Medical Center, while seven others were taken to Crenshaw Community Hospital in Luverne, Alabama. Thirteen additional students with less pressing injuries were taken to hospitals by another bus for medical treatment.
Thankfully, even the ones taken by ambulance suffered relatively minor injuries, with the most serious appearing to be a broken arm. Cuts and scrapes were by far the most commonly reported injury, surprising given the severity of the accident.
The Alabama State Troopers have said that no charges will be filed relating to the accident. "It was an accident. It was unfortunate," said Pike County Schools Superintendent Dr. Mark Bazzell, adding that he had not anticipated any charges.
According to an accident investigator's report, the school bus driver was traveling north on County Road 2243 and was exiting a curve when the right side of the tires slipped off the road. The school bus then followed the tires and completely left the road. The driver steered to the left and as the front tires re-entered the roadway, the back of the bus slid to the right on the wet morning grass. The school bus then overturned onto its right side, rolled over and came to a rest on the driver's side.
The Troopers reported that while no drug or alcohol tests were administered at the scene of the accident, the driver was "apparently normal" and thus under no suspicion. Pike County Schools did give the bus driver a drug and alcohol test afterward. "That is part of our standard procedure," said Superintendent Bazzell, who added that results were totally negative.
As Alabama accident attorneys we routinely see the damage that can result from accidents on winding country roads. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Alabama auto accident lawyers today.
We are pleased that we were able to reach a fair and just settlement in this slip and fall claim. If you have been injured on someone else's premises via slip and fall or trip and fall, please give us a call for a free evaluation of your personal injury claim.
By: Morris Lilienthal, Huntsville Slip and Fall Attorney
As Huntsville injury lawyers, we are pleased any time we can reach a fair, just and speedy recovery for our injured client. In this case, our client was extremely pleased with the result we achieved. Client satisfaction is our number one goal. Anytime we can assist any of the members of our military we are honored to do so. In this case, we want to wish our client well and thank him for his service as he will be deploying to Afghanistan in March.
If you have a personal injury claim or questions about a personal injury matter such as a car accident, slip and fall or a products liability claim, please give us a call as the consultation is free and we do not collect any attorneys' fees on personal injury cases unless we make a recovery.
As Eddie's family and friends gathered for his informal party at a local bbq restaurant, Eddie shows up fashionably late in his Alabama sweatshirt. As everyone crowds around to say a congratulatory word to Eddie I over hear him say whose the party for? As everyone settles in, my cousin Jay presents his grandfather with a autographed picture from Nick Saban wishing Eddie at Happy 105th Birthday. Any true tide fan would have been honored to have Saban sign them a picture for their birthday; however, it was Nick Saban who had the honor. After everyone settled in I walked over to say a word to Eddie and wish him a happy birthday. I introduced Eddie to my 14 month old son Wyatt and Eddie leaned forward and gave him a kiss. Amazing!
Life is such a precious gift and we should all learn from Eddie Ceitlin to live it to its fullest. Coach Saban talks of "finishing" the game and all I can say is Eddie Ceitlin is truly "finishing" the game of life. Happy Birthday Eddie!
By: Morris Lilienthal
First, what jurisdiction the accident occurred in will determine what set of laws apply to the case. Each state has their own individual set of laws that apply to a personal injury claim. For example, the statute of limitations for bringing a negligence personal injury claim under Alabama law is generally two years. Whereas , if the same injury occurred in Tennessee, the general statute of limitations is one year. Further, Alabama law applies the doctrine of contributory negligence, which means if the court or jury finds that the Plaintiff is at fault at all for his or her own injury then they cannot recovery. Most states do not apply this harsh law, but this example details how each state's laws can certainly impact the value of a personal injury case.
A second important factor is whether there are sufficient enough facts to establish liability on the defendant. In the context of a slip and fall case, under Alabama law, can the plaintiff establish the defendant knew or should have known of the hazardous condition that caused the person to slip and fall. Further, can the plaintiff establish that their injuries are proximately related or caused by the accident.
Third, what types of injuries did the plaintiff sustain. How much are their past and future medical bills? Past and future lost wages? Does the plaintiff have a permanent physical impairment? Has the plaintiff suffered mental distress and will they continue to do so in the future?
Fourth, what venue is the case set in. IE what are the juries like where the case would be tried. The same case with the same exact set of facts will generally be worth more or less depending on where the case will be tried. For example, some counties in Alabama such as Madison and Shelby County are considered more conservative venues while other counties such as Macon and Greene are considered more plaintiff friendly counties.
Ultimately, there are many factors that go into determining the value of an Alabama personal injury case. Those listed above are just a few of the factors that are evaluated. Before you hire a personal injury attorney check them out. Do they have experience handling your type of case? Ask for references and testimonials from former clients. In the end, each case is different and the value of each case is dependent upon several factors.
When the officers arrived, the Chief went to the front door and an adult female confirmed the boys were at home. So the Chief and another officer entered the home. The female called out to the boys to come out from a back bedroom, but they did not come out. So the Chief and one other officer went to the back bedroom where the two boys were located. The evidence at trial revealed that the Chief walked into the room and Mr. Butler was standing in the closet doorway and the Chief, whose gun was still in his holster said, "Come on son, let's go." At that point in time, Mr. Butler raised a gun and fatally shot Chief LeMaster in the head. Equally alarming, the occupants of the house knew the boys had .45 cal pistols and had made threats to shoot the police if they came to pick them up, despite these threats the occupants of the house never warned Chief LeMaster he was walking into an ambush.
When the original civil lawsuit was filed in this case there were numerous claims and defendants; however, the verdict in this case was against Brian Alan Butler. Mr. Butler has already been convicted of capital murder, but the family felt strongly that Mr. Butler should also be punished civilly as well. After, a two day trial, the jury returned a $15 million dollar wrongful death verdict in favor of the Estate of Verlon LeMaster.
Plaintiff's counsel were George Beason and Morris Lilienthal of Martinson and Beason, P.C. of Huntsville, Alabama.
For more information see the Forever Wild Facebook page: Forever Wild
]]>The Plaintiff established through expert testimony that he was owed over $909,000 in unpaid commissions. Plaintiff also established under Alabama code 8-8-8 he was entitled to 6% interest on these commissions from when they were due, which resulted in a claim for over $700,000 in interest. Thus, the Plaintiff asked the jury to return a verdict in the amount of $1,619,890.98. The jury returned a verdict for this exact amount. Plaintiff's counsel were Elizabeth Moore, George Beason and Morris Lilienthal of Martinson & Beason, PC in Huntsville, Alabama and Jim Lees of Charleston, West Virginia.
Mazda claimed they were immune from suit because the federal regulations allowed them to choice between either a lap belt or a 3 point belt system in the middle seat. The court did not find merit in this argument. Thus, the case will be sent back to the state court system for trial.
Mazda was reliant upon the Federal Motor Vehicle Safety Standards (FMVSS) and Regulations to which manufacturers of motor vehicle and equipment items must conform and certify compliance. The first FMVSS became effective on March 1, 1967. These regulations mandate guidelines for items such as seat belts, air bags and roofs in the vehicle. However, it is important to note that these are just minimum safety standards for vehicle manufacturers.
In the months prior to Ms. Ellison visit to the ER, Baptist Medical Center East parent company was undergoing financial difficulty and transferred operations of the hospital to the University of Alabama and UAB Health Systems for a set period of time. Once the term ended the operations of the hospital were to revert back to Baptist Medical Center East. Based upon the fact that a board of trustees created by the University was set up to run the hospital, the majority of the Court held that was enough to give the hospital state immunity.
This ruling creates a very dangerous precedent as noted by Chief Justice Cobb's dissent. This ruling frees the hospital from responsibility for the harm that may be caused by its negligence. Shouldn't hospitals be held accountable, like everyone else? Consider this: Medical errors are the fifth-leading cause of deaths in the US, with up to 98,000 deaths annually. (source Medical News Today). If the judicial system cannot serve as a checks and balances on state run hospitals who will? Would you want to seek medical care in a facility you know can cut off your wrong leg during surgery and have no responsibility?
For a good overview of this case and its holding see John Archibald's article "It's good to be in the service of the king."
Now, a study from Cornell University's medical college suggests that the cases of elder abuse and exploitation are far greater than initially expected. The study suggests that for every case of elder abuse that is officially reported, 23.5 cases went unreported. For each case of financial abuse of elders reported, 43.9 cases actually occurred.
These are alarming statistics! Physical and financial abuse of the elderly is occurring every day in Huntsville and throughout the state of Alabama. It occurs through undue influence, duress, and manipulation which often goes unnoticed for months or even years. The experienced Huntsville nursing home attorneys and probate attorneys of Martinson & Beason P.C. represent the elderly and their family members in combating these abuses. If you know a loved one who may be a victim to financial abuse, physical abuse, exploitation, or simply neglect, email us at info@mblawhsv.com or call our Huntsville Lawyers at Martinson & Beason, P.C. at 1-800-255-6534.
If you have a Will you can designate who will act as the executor of your estate. You can help ensure that the probate process is less expensive for your family. You can name the guardians of any minor children you may have. You can leave property to a charity or individuals who are not your immediate relative. Simply put: you can maintain control over how your estate is administered.
If you don't have a Will, the laws of Alabama will govern and you will have no say over who is guardian over your children, the law will decide who your property goes to and in what amount, and the probate process can be more expensive for your estate.
No matter how large or small your estate may be, no matter if you are in Huntsville or elsewhere, the Alabama estate planning attorneys at Martinson & Beason, P.C. can assist you in preparing your Will as well as other estate planning documents.
The end of your life is something you probably don't want to dwell on, but thinking about what will happen to your loved ones and your assets and personal possessions is important. Making sure you've done all you can to make their lives easier will give you peace of mind. And once your will is drafted, you won't have to think about it again unless something significant in your life changes.
For more information about Wills, please see our website page General Questions About Wills.
]]>This case is a prime example of one in which if you hear someone sued a strip club for getting kicked by a dancer and obtained over a half million dollar settlement you would think - FRIVOLOUS LAWSUIT. However, with a clear understanding of the facts it can be seen that this was a situation where the plaintiff suffered significant life altering injuries as a result of the club's negligence.