HAPPY FOURTH OF JULY!
The Law Offices of Jeffrey J. Kroll wishes you and your family a very happy and safe 4th of July holiday weekend!
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July 3, 2009
July 3, 2009
DRIVER GOING THE WRONG WAY ON THE HIGHWAY KILLS FOUR TEENS
Four teenagers were recently killed and another critically injured after another car struck them head-on. According to Santa Fe County deputies in New Mexico, a driver of a jeep going the wrong way on the highway, the driver of the jeep was headed west in the eastbound lanes of Old Vegas Highway on mile marker number 5 near Santa Fe when it crashed into the teenager’s Subaru shortly after midnight Sunday.
The lone survivor of the Subaru was taken to the University of New Mexico Hospital in Albuquerque after the accident. The police officer who arrived on the scene after the incident noticed that the driver of the jeep exhibited signs of being intoxicated. The jeep driver has one previous DWI on his record, which occurred in 2001. In addition to 4 counts of vehicular homicide and one count of great bodily injury by vehicle, additional charges are pending the outcome of blood-alcohol tests.
It is shameful that in these types of cases, the drunk driver of the vehicle at fault escapes with his life while five families have been shaken due to the deaths of four girls and the severe injuries of another.
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July 2, 2009
MICHIGAN JURORS PROHIBITED FROM USING ELECTRONIC COMMUNICATIONS
The Michigan Supreme Court has paved the way for other state court systems by banning all electronic communications for jurors on duty. The new rule, announced on Tuesday, extends to modern electronic communication devices, such as iPhones or Blackberrys, and includes text messages, Google searches and Twitter feeds.
The order takes effect September 1, 2009 and requires judges to instruct jurors that they shall not "use a computer, cellular phone or other electronic device with communication capabilities while in attendance at trial or during deliberation. These devices may be used during breaks or recesses but may not be used to obtain or disclose information." Jurors will be further instructed that they "shall not use a computer, cellular phone or other electronic device with communication capabilities, or any other method, to obtain or disclose information about the case when they are not in court..." to obtain "information about a party, witness, attorney or court officer; news accounts of the case; information collected through juror research on any topics raised or testimony offered by any witness; information collected through juror research on any other topic the juror might think would be helpful in deciding the case."
These rules complement an older, standard instruction that jurors shouldn't discuss the case with others or read or listen to news reports about the case.
The rule was inspired by prosecutors' complaints that jurors were getting distracted during trials by their cell phones, smart phones and PDAs. Jurors have been reported to be texting during the trial and even digging up their own information about a case and potentially tainting the judicial process.
Charles Koop, the immediate past president of the Prosecuting Attorneys Association of Michigan, believes the new rule will make clear to conscientious jurors that researching the case on their own is not something they should do. Indeed, in fulfilling their service, jurors must deliberate only with the evidence received in open court, not from outside sources or through extraneous communications with outside parties. A federal circuit court held that a presumption of prejudice arises where a juror speaks with a third party about the case or communicates with any person who is associated with, or has an interest in, the outcome of the case.
Josh Marquis of the Board of Directors for the National District Attorney's Association, believes technology is "wreaking havoc" on the justice system and hopes that more states follow Michigan's example. Marquis, a district attorney in Clatsop, Oregon has seen text messages and Google searches by jurors taint his cases. Evidence that would otherwise not be allowed in the trial is being found by jurors who perform simple Facebook or Google searches. These sites "almost invites people to do extrinsic research," says Marquis. Advocates of the new rule, like Marquis, believe that the problem boils down to technology far outpacing the court rules.
Jurors' undivided attention during a trial is of utmost importance. The verdict is, after all, in the hands of the twelve people chosen to serve. In order to come to a just resolution, jurors cannot be distracted by the "noise" from the outside world. There is no question we have a shorter attention span these days, but when serving your civic duty as a juror, the stakes are too high to be inattentive. Some jurors may not realize they are actually doing the justice system a disservice when researching the subject matter, the parties or the attorneys on their own. It seems like this would be a conscientious and proactive thing to do to better understand the case, but in reality, such "research" taints the judicial process. Certain evidence is not supposed to be known by the jurors because of its prejudicial nature. So even if you think you are fulfilling your duty by researching, you are actually creating problems and may even be engaging in activity that could very well be the grounds for a mistrial.
Should you be chosen to serve on a jury, please keep in mind that both parties, in both civil and criminal trials, are entitled to due process of law and a fair and impartial jury. Uphold these constitutional rights by putting your phone away, following the judge's directives, and paying attention.
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July 2, 2009
DAY AT THE POOL DEADLY FOR LITTLE GIRL
For one family in Winston-Salem, North Carolina the unthinkable occurred. Their six-year old girl was found unresponsive in the deep end of the Kimberly Park Pool. She was at the pool with the Salvation Army Boys and Girls Club. Reportedly, there were eight lifeguards on duty at the time of the incident.
The victim’s grandfather, commented that the accident was preventable, stating, “if you have eight lifeguards on each end of the pool, somebody should have taken responsibility if the child was in the pool or not.”
With the summer temperatures escalating, the need for pool and water safety should also be on the rise. This holiday weekend, be safe at the pool and the beach!
If you or a loved one has suffered due to the negligence of others, please consult with the Law Offices of Jeffrey J. Kroll at jeff@kroll-lawfirm.com or dial (312)-676-7222.
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July 1, 2009
E-COLI TAINTED COOKIE DOUGH LINKED TO RECENT OUTBREAK OF ILLNESS
An outbreak of illness that has affected at least 72 people in 30 states has been linked to tainted raw chocolate chip cookie dough. At a Nestle plant in Danville, Virginia, federal investigators found the E. coli O157:H7 bacteria in a 16.5-ounce cookie dough package that had a day code of 9041 and a "best before 10 JUN 2009." Food and Drug Administration researchers have tested the bacteria in the cookie dough and confirmed that it contains the same genetic fingerprint as the E. coli linked to the recent outbreak.
The Center for Disease Control has reported that among the 72 people affected, 51 have been confirmed to have the outbreak strain. Thirty-four people have been hospitalized and ten have reportedly developed a kidney disease called hemolytic uremic syndrome. No deaths have been linked to the outbreak.
Nestle's Danville, Virginia plant has been closed since June 18, 2009.
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July 1, 2009
DEKALB TEACHER DIES IN BOATING ACCIDENT
A first-grade teacher from DeKalb died in a June 25 boating accident on the Vermilion River in Oglesby. Her co-worker, a third-grade teacher from the same school, has since been charged with operating a watercraft while under the influence of alcohol. Also charged was a 38-year-old Florida man.
The three were rafting on the Vermilion River in Oglesby when their raft went over the dam and was caught in the "boil" of recirculating currents at the dam's base. Instead of moving to the river right passage, their raft went over the low head damn. Although all three were wearing approved flotation, devices, the one teacher drowned and was pronounced dead at Illinois Valley Community Hospital in Peru.
The National Association of State Boating Law Administrators (NASBLA) just recently spearheaded an initiative called "Operation Dry Water" aimed at reducing the number of alcohol-related deaths and injuries due to boating while intoxicated. During the weekend of June 26 through June 28, the NASBLA, in conjunction with the U.S. Coast Guard and other partner agencies, coordinated a national weekend of Boating Under the Influence (BUI) detection and enforcement aimed at reducing the number of alcohol-related accidents and fatalities and fostering a stronger and more visible deterrent to alcohol use on the water.
Coast Guard statistics indicate that 21% of all boating fatalities in 2007 were a result of alcohol use. This continues an upward trend in the percentage of fatalities where alcohol was the primary cause of the accident. Alcohol can impair a boater's judgment, balance, vision and reaction time. It can increase fatigue and susceptibility to the effects of cold-water immersion. Sun, wind, noise, vibration and motion – "stressors" common to the boating environment – intensify the effects of alcohol, drugs and some medications.
As the 4th of July weekend approaches, I urge everyone to designate a driver...for both the roads and the waterways. Celebrate safely this Independence Day!!
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June 30, 2009
CYCLIST KILLED IN HIT AND RUN
A 65-year-old California man was bicycling his way across the United States when his trip and his life were cut short by a drunk driver. The cyclist was struck and killed on June 21 while riding his bike east on U.S. Route 50, about 60 miles east of St. Louis. The driver of the vehicle that struck the cyclist from the rear fled the scene, but was later arrested. The 27-year-old Centrailia, Illinois man has has since been charged with aggravated leaving the scene of an accident involving death.
Prosecutors in Clinton County are reviewing all details of the case, including the driver's blood-alcohol level and may file felony DUI charges. The driver is being held in jail on $100,000 bail.
The cyclist had left his home in Chula Vista, California on April 27 and had plans to bike all the way to Washington, D.C. on a trip he had called his "Mad As Hell Bike Ride Across U.S." Along the way, he was gathering signatures and protesting the government bailouts.
The cyclist was a seasoned rider, but this tragic story proves that even the most experienced riders face perilous risks. The section of Route 50 on which he was riding was a narrow, two-lane highway with no shoulder and poor lighting. While these conditions serve as no excuse for the man accused of striking and killing the cyclist, we are all reminded to take precautions when riding at night. Wear reflective clothing and use other protective gear, especially a helmet. Try to bike on roads that have marked bicycle lanes and, when riding at night, try to stay in areas that are well-lit.
My most sincere condolences to the family and friends of this man who was hoping to have his voice heard in our nation's capital.
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June 29, 2009
CENTRAL ILLINOIS TEEN TEXTING WHILE DRIVING KILLED IN CRASH
A 17-year-old girl from Eureka, Illinois was killed Thursday afternoon in a single-vehicle accident. The teen swerved to avoid an oncoming car after she veered into the oncoming lane of traffic. Her SUV rolled several times in a ditch and she was ejected.
Early reports indicate that the young lady was texting while driving. The County Coroner said that another driver called 911 to report the accident just seconds after the teen's phone received the last text message.
The Illinois General Assembly has passed a bill that would ban text messaging while driving. The bill is awaiting the governor's signature.
This story is just one of hundreds of examples that prove the danger of texting while driving. Researchers at Eastern Virginia Medical School and Children's Hospital of the King's Daughters in Norfolk enlisted 21 teens between the ages of 16 and 18 to take part in a series of simulated driving experiments. The research subjects first drove through virtual scenes without distractions. They then drove through the same scenes while text messaging, while talking on a cell phone, and while operating an MP3 player. The findings, although not surprising, were frightening.
The researchers concluded that the teens' driving was worst when they were texting. The researchers attribute this to having to look down in addition to using your fingers when texting. When distracted, the teens did worse in urban settings, but whether driving in a virtual city or on a virtual country road, they did performed worst while texting. The study shows that distracted drivers changed speeds, slowed down dramatically, and wove more than a foot outside their simulated lane.
The American Automobile Association concludes that the rise of a car accident increases by 50% for people who text message while driving. The dangers are obvious, yet people continue to put their lives and the lives of others at risk when they send text messages while driving. The governor cannot enact this law fast enough. The danger is real. Lives are needlessly being lost in an instant due to texting while driving. It needs to stop.
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June 28, 2009
FATAL CRASHES IN CHICAGOLAND OVER THE WEEKEND
This is the weekend prior to the Fourth of July holiday and the weather in Chicagoland has been beautiful. Summer is certainly in full swing. As a Chicago personal injury attorney who has seen the tragic results of many severe summertime car crashes, I urge you to be cautious on the roadways as you travel for vacation, to baseball games, BBQ's and the various other summertime events.
Compared to the spring months, there are a higher number of fatalities on the roadways in Illinois in the summertime. Sadly, there have been a number of fatal accidents over the weekend in Chicagoland.
On Friday, June 26, 2009, there was a five-car crash Friday night at Route 41 and Buckley Road in North Chicago. One woman died in the crash.
On Saturday, June 27, 2009, three men were killed and a fourth injured in a head-on collision involving a taxicab and a passenger car on Lake-Cook Road in Kildeer.
Both drivers in the crash were dead on the scene at Lake-Cook Road and Park Hill Drive in Kildeer and one of two passengers in the crash died after being taken to Advocate Good Shepherd Hospital in Barrington following the crash.
The crash involved a taxicab and a gray Lexus which were driving on Lake-Cook Road.
Police said they were working on investigation and reconstruction of the crash. Investigators were seeking subpoenas for the so-called "black boxes" to better understand what happened.
Early Sunday morning (June 28, 2009), four people, including a 9-year-old girl and a 10-year-old boy, were injured around 1:50 a.m. in the 8300 block of South Chicago Avenue in the South Chicago neighborhood. A Chevy Blazer was traveling southbound on Chicago Avenue when the driver apparently lost control and the vehicle flipped over several times. No other cars were involved.
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June 27, 2009
CHICAGO SPORTS INJURY ATTORNEY CAUTIONS CHEERLEADERS TO INCREASE SAFETY IN THEIR SPORT
Cheerleading causes more serious injuries than other sports.
Researchers have long known how dangerous cheerleading is, but historically, records were poorly kept. An update to the record-keeping system last year found that between 1982 and 2007, there were 103 fatal, disabling or serious injuries recorded among female high school athletes, with the vast majority (67) occurring in cheerleading. The next most dangerous sports: gymnastics (nine such injuries) and track (seven).
Recently, the National Center for Catastrophic Sports Injury Research at the University of North Carolina at Chapel Hill released its 26th annual report on the topic. The latest figures are from the 2007-2008 academic year for college and high school sports, male and female. The report defines catastrophic injuries as any severe or fatal injury incurred during participation in the sport.
The new numbers are for the 26-year period from the fall of 1982 through the spring of 2008:
- There were 1,116 direct catastrophic injuries in high school (905) and college sports (211).
- High school sports were associated with 152 fatalities, 379 non-fatal injuries and 374 serious injuries. College sports accounted for 22 fatalities, 63 non-fatal injuries and 126 serious injuries.
- Cheerleading accounted for 65.2 percent of high school and 70.5 percent of college catastrophic injuries among all female sports.
Fortunately, the number of cheerleading injuries fell slightly in the 2007-08 academic year. Hopefully, an increase in awareness and safety measures will continue to decrease the number of injuries related to cheerleaders and high school and college athletes, in general.
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June 26, 2009
AVERAGE E.R. WAITING TIME INCREASED
The average total awaiting time in a U.S. Emergency Room in 2008 was 4 hours and 3 minutes. Sadly, it is a 27 minute increase in nationwide average wait time from 2002. What is causing the added wait time and what can be done to prevent such long waits?
First, according to the American College of Emergency Physicians, a January 2009 press release indicated that physicians believe that the recession is the one chief reason for the increase in emergency room visits. Many of these people that were once seen by a primary care physician are now going to the emergency room due to the loss of their health insurance. Unfortunately, this delay in care can end up proving to be a much more serious condition for patients in an already already overburdened emergency room system.
What do you do when you are confronted with a potentially four hour wait? Here are some tips for working with emergency room personnel:
1. Request that the triage nurse do a quick re-assessment of the patient, especially if you believe the patient is getting sicker while awaiting treatment in the emergency room. As the saying goes, the squeaky wheel does get the grease, however, make sure that you are not using inappropriate or threatening language. Be respectful.
2. If dealing with the triage nurse, request to speak with the charge nurse or a charge physician if there is a problem.
3. If you cannot speak with a charge nurse or a charge physician, request to speak with the administrator on call.
4. The last resort may be to dial '0' from the emergency room department waiting room phone and request to page the patient advocate or hospital administrator.
Belligerence or request for VIP treatment usually will backfire. Everyone in the emergency room is there because of a sickness or problem. However, make sure that you are adequately observing any changes in the patient’s condition.
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June 25, 2009
CHILDREN HURT IN IOWA AUTOMOBILE ACCIDENT
Recently, nine children and the drivers of the vehicles involved were injured after a crash on Highway 141 in Grimes, Iowa. A van from American's Children of Oakmoor was heading southbound on Highway 141 when a white van traveling northbound attempted to turn in front of the van the children were on board. The vans subsequently collided and the Oakmoor van was sent into a nearby ditch.
One of the children involved in the accident was airlifted to a hospital while the other eight were transported to neighboring hospitals in ambulances. Fortunately, seven of the children were released while the condition of those remaining in the hospitals is unknown.
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