Norfolk Personal Injury Lawyer Blog

Worker Killed in Accident at Chesapeake Golf Course

Wavy.com reports that around 10AM yesterday morning, Chesapeake police responded to a fatal industrial accident at the Cahoon Plantation Golf Course in Chesapeake.
Michael Costa of Camden, North Carolina, the maintenance superintendent for the golf course, was identified as the victim in the accident.
According to The Virginian Pilot, Detective Ronnie Young determined that Mr. Costa was crushed by a lawn sprayer and died of mechanical asphyxiation.

The accident is still under investigation by the Police and OSHA.

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Related Links

• What is a Wrongful Death?
• Fatal Industrial Accident in Arlington, Va; Worker falls 7 stories
• Virginia Wrongful Death Lawsuits

Norfolk Light Rail Could Contribute to Accidents and Injuries

The new light rail system, The Tide, is due to open to the public August 19th and Hampton Roads Transit hopes to prevent accidents by educating people about safety, according to an article in The Virginian Pilot. 

Combine light rail trains, cars, trucks, bicycles, motorcycles, and pedestrians and it may be inevitable that a collision or an injury occurs.  With any new light rail system, it is expected that accidents and injuries occur more frequently in the beginning as everyone begins to adjust.

SUV Hits Motorcycle in Chesapeake Accident, Motorcyclist loses leg

A serious accident occurred between a SUV and a motorcyclist this morning in Chesapeake. The accident resulted in serious injuries to the motorcyclist, including the loss of his leg.

The accident occurred in the 400 block of Mt. Pleasant Road around 6:30a.m., according to WVEC.com.

Police are reporting that the driver of the SUV was taking a left turn onto the 168 Bypass when it collided with the motorcyclist. The impact severed the biker’s leg.

The rider of the motorcycle was taken to the Sentara Norfolk General Hospital by Nightingale.

Charges are pending against the SUV driver who was determined to be at fault.

Motorcycle driver loses leg in accident: wavy.com

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If you or a loved one have been seriously injured in a motorcycle accident caused by someone else’s negligence, we are available to help you understand your legal rights. Contact us to setup a free, no obligation consultation Toll Free 877-544-5323 or Local: 757-233-0009

Motorcycle riders are frequently the victims of careless and inattentive drivers of cars and trucks. Whether the carelessness is caused by a drunk driver, or the all too frequent indifference that motorists exhibit towards motorcyclists, the results of a collision with a motorcycle are all too often catastrophic or fatal.

The major cause remains the failure of other drivers to recognize motorcyclists.

Chesapeake man killed after faulty fuel line causes SUV fire; woman & child injured

An unfortunate accident occurred Sunday when a 2011 Chevrolet Traverse caught fire due to what police are saying was a faulty fuel line killing James Anthony Weschler.

Michelle Weschler and a four year old child in the backseat were able to get out of the vehicle when someone stopped to help them escape.

According to WVEC.com, she was taken to Sentara Norfolk General Hospital and is in critical condition. The child was also injured and taken to Children’s Hospital of the King’s Daughters.

The accident happened occurred near Little Creek Road on I-64.

Mr. Weschler was 38 years old and a Chesapeake resident.  According to the Virginian-Pilot he was in the Navy.

Norfolk, Virginia Defective Product Injury & Wrongful Death Lawyers

• Defective products, such as auto parts of poorly designed cars or medical products, are known to cause physical injury, illness, or even death.  With these types of cases it is not uncommon for serious injury to occur before the defect is found. If you believe that you or a loved one were injured due to a defective product, contact our Norfolk, Virginia injury attorneys for a free consultation. Local:757-233-0009 or Toll Free: 877-544-5323

$54.5 Million Chinese drywall settlement in Florida

Tuesday a Chinese drywall class-action lawsuit was settled for $54.5 million, which will cover the remediation of 2,000 to 3,000 homes in Florida.

According to the Miami Herald, Miami based supplier Banner Supply sold 1.4 million sheets of contaminated Chinese drywall to builders in Florida and has agreed to pay these homeowners in the settlement.

FDA issues new rules under Food Safety Modernization Act

For the first time, the Food and Drug Administration has announced two new regulations under the Food Safety Modernization Act (FSMA).  According to the FDA’s news release these new regulations will help to ensure the safety and security of food products in the United States.

The rules were approved by the FDA Food Safety Modernization Act, and then signed by President Obama in January. The rules are said to be enacted July 3, 2011.

New Rule #1: It will allow the FDA to detain food they believe to be produced under unsanitary or unsafe conditions. Before this new rule the FDA could do so only when they had credible evidence that the food would cause serious health effects or death to humans or animals.

“This authority strengthens significantly the FDA’s ability to keep potentially harmful food from reaching U.S. consumers,” said FDA Deputy Commissioner for Foods Mike Taylor.  “It is a prime example of how the new food safety law allows FDA to build prevention into our food safety system.”

New Rule #2: This rule requires anyone importing food into the US to inform the FDA if another country has refused the item from entering.  This will help the FDA to target imported foods that may pose a risk to public health.

Since this time the FDA has held several public meetings with industry and consumer groups on preventative control provisions of the law.  They have also reached out to state, federal, and foreign governments.

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DePuy ASR Lawsuits to be Centralized in NJ

DePuy ASR Hip Implant Lawsuits have been centralized under the Honorable Brian R. Martinotti in New Jersey. Although the New Jersey Supreme Court did not assign the litigation as a “mass tort,” a coordinated discovery process will be handled under Judge Martinotti.

DePuy Orthopaedics, Inc. is a subsidiary of Johnson & Johnson.  The DePuy ASR hip implant was voluntarily recalled on August 26, 2010 after data was received which indicated that after 5 years, 13 % of patients who received the implants need to have a second surgery.

According to the NJ Courts website, litigation involves claims for damages and injuries caused by the hip implants.

Virginia Beach Teen Killed in Underage Drunk Driving Accident

The illegal sale of an alcoholic energy drink to a minor led to the death of 16 year old boy off of Indian River Road in Virginia Beach on March 7, 2010.

According to the Virginian Pilot, the teenager was convicted of driving under the influence (DUI) and aggravated involuntary manslaughter. His friend, Joseph “Joey” Fonseca, was killed upon impact during the crash. 

The man responsible for the sale of the drinks, Dae “David” Ik Chong, has had a suspension of his license to sell alcohol for 30 days while pending further charges.

Inspectors travel to China; Chinese officials interfere with drywall investigation

According to an article published on ProPublica entitled “China Plays Tug-of-War with U.S. Inspectors over Drywall,” the United States’ investigation of defective Chinese drywall has been an everlasting “tug-of-war” battle between US investigators and the Chinese manufacturers and their government. It has even gone as far as a Chinese official attempting to force a piece of the drywall from an American inspector’s grasp.

The investigation into contaminated Chinese-made drywall is the largest product investigation the Consumer Safety Product Commission (CPSC) has ever conducted. Although it has been almost 2 years since this all began, the CPSC still does not know what causes the sulfur gases to be released.

A CPSC team traveled to China last year to investigate the manufacturing plants and gypsum mines. According to the Herald-Tribune, Chinese officials drastically interfered with the investigation. Chinese officials would rush the American investigators through sites, avoided questions, and even tried to stop attempts to take samples. They even went as far as ordering employees at a Chinese mine to encircle the Americans to block the entrance as an intimidation tactic.

The ProPublica article also stated that the team of investigators was denied even the most basic information about the chemicals and processes being used to manufacture the drywall. At one point, some of the team members went to vendors to purchase the drywall directly, and were told that a certain brand of drywall smelled so bad contractors refused to buy it.

Manufacturing Plant #1 – The team first stopped in a city located within the Shandong province where Taishan Gypsum Co. and Knauf Plasterboard Tianjin received some of their materials. This was also where Tiashan’s manufacturing plant is located.

During their visit, many of the team’s questions were avoided. The team also made a few disturbing observations. The plant was very dirty, equipment was not labeled, and it was very unclear as to how the quality of the material was being monitored.

Gypsum Mine #1 – Resistance to cooperate intensified during the second stop at a gypsum mine. When the American team of 5 stepped off of the bus they were encircled by at least 50 plant employees who proceeded to block the entrance and take pictures of the team. The team planned to be at this location for several hours, but was rushed through the site. They were only there for about 30 minutes.

Gypsum Mine #2 – The second gypsum mine they visited in Shandong province was overwhelmed by the smell of sulfur, as well as the smell of live-stock. The team asked where the live-stock smell came from and were told that there was a farm nearby however, there was no farm in sight.

The team was very displeased with the processes being used to separate the materials in the mine. The materials were being separated by hand which meant that the gypsum was not being properly tested to see if it was pure enough to be used to produce drywall. When the team of investigators asked for a sample, they were handed a piece of gypsum that looked nothing like the piles being sorted.

Manufacturing Plant #2 – This second manufacturing plant used a type of gypsum called flue gas desulfurization or FGD gypsum. This gypsum is produced from coal ash. This method is very popular in China and the United States because it is abundant and cheap.

The team wanted to know how the plant kept track of where the coal ash came from. In the US, deliveries come with certificates that specify the composition of the gypsum. What they were told was startling. They were told that the gypsum came from five different power plants and was dumped into one big pile and that there was no documentation on the materials.

Last Manufacturing Plant – The last manufacturing plant they visited was located in the city of Tianjin of Beijing. This is where Chinese subsidiary Knauf Plasterboard Tianjin, of the German based company was located.

This facility provided the team with a full list of chemicals used in their product, and this plant was significantly more modernized than the previous plants visited. However, despite these optimistic factors, this plant was also piling their materials together which did not allow them to keep track of its origin.

The End of the Investigation- During the last few nights of their stay, some of the investigators slipped into town to try and get more information. They went to vendors to purchase sheets of drywall to sample. The investigators also gathered valuable information from these vendors who did not know why they were being questioned by the Americans.

The CPSC has not received any additional information from the Chinese government since the trip 14 months ago.

On a more positive note, the Knauf Plasterboard Tianjin “pilot program” settlement to repair 300 homes in several different states is set to begin early next year.

Tragic drowning death of toddler, age 2, at popular Chesapeake park

A tragic scene unfolded Sunday, reported the Virginian-Pilot (click here for source article) – A toddler, just 2 years of age, drowned in the waters of Lakeside Park.  Lakeside Park, a city-owned recreational area, has experienced only two such tragedies involving drowning deaths; this being the second.

Reportedly, the young boy ran astray from his family in the early evening hours – some time prior to 6 p.m.  After authorities were contacted to assist in locating the lost boy, it was the Firefighting Department that eventually made the unfortunate and heart-wrenching discovery.  The young boy was found in the water by the South Norfolk Firefighters and pronounced dead later at the hospital.  Efforts to resuscitate the boy sadly proved to be ineffective.

According to a detective working with an ongoing police investigation, at the present time it seems that the incident was “an unfortunate accident” – (said) Detective Gus Mojica, as reported by the Virginian Pilot.

The article goes on to explain that a former director of the city department which oversees recreation activities, said to his knowledge this is the first drowning to take place at Lakeside Park in around a half century.

According to this source provided by the Center for Disease Control (CDC) (click here for water-related statistics and safety information), males were 3.4 times more likely to die from an unintentional drowning during the year of 2006.

The following reference for the aforementioned statistic can also cited to the following source: (Centers for Disease Control and Prevention, National Center for Injury Prevention and Control. Web-based Injury Statistics Query and Reporting System (WISQARS) [online]. (2009) [cited 2009 Nov 24]. Available from: URL: http://www.cdc.gov/injury/wisqars”)

Gary Coleman Remains Sought by Parents, Next of Kin

Gary Coleman’s former manager and family spokesman, Victor Perillo, is asserting that Coleman’s parents are entitled to the custody of the late actor’s body.  (Reported by the Associated Press, available here, via PilotOnline.com)  The family apparently wishes to have the body returned to the Illinois home where Coleman was raised, so that they can hold a ceremony.

Perillo says that Coleman’s parents should be considered the “legal custodians” of the remains, because Coleman and former wife Shannon Price divorced in 2008.  Coleman and his parents – according to the grapevine – were not on good terms.  Perillo says though, that the family wished to reconcile prior to his passing.

The former child star suffered a brain hemorrhage and was taken off life support last week, according to the AP.  He was just 42 and suffered from an array of medical issues over the years.  The difficult decision to cease life support was made by Coleman’s ex-wife – Shannon Price.  Coleman had previously given the right to his ex-wife to make decisions regarding whether to remain on life support, also known as an advance medical directive.  Price told one website that she made the decision to take Coleman off life support when it became apparent to her that even if surgery was performed, he would have died or “never been the same.”

Perillo helped Coleman begin his acting career and has said that his parents hope to have a private memorial service in the town of Zion, Illinois.

An attorney for the estate, hired by Coleman’s parents, said that it is not the intention of his clients to “fight over his estate” – but rather the primary focus and concern at the moment is gaining custody of their son’s body, so they can proceed with a private ceremony.

Virginia-based vessel assisting Louisiana oil-rig disaster

The devastating oil spill, which the Louisiana coast is facing after a rig failure, is receiving some assistance from a local ship among others, reported today by the Virginian-Pilot. (provided courtesy of hamptonroads.com here).

This is the first time the vessel has been called into duty.  It departed April 26 and arrived on scene May 4.  Officials and federal authorities are still trying to determine the remedy to this looming environmental disaster, caused by an oil rig which sunk some 50 miles off the coast of Louisiana.

The ship, “The Virginia Responder,” has been harbored in Little Creek, Virginia Beach for 17 years and includes an 8-person crew.  Five of those crew-members are locally based; the ship is paid for by oil companies, but is operated by a nonprofit organization, according to the Pilot.  Specifically, the Virginia Responder is just one such vessel of 22 across the nation, that are equipped to respond to oil spills.  The nonprofit organization operating the Responder is known as Marine Spill Response Corporation.

The tasks for the Responder include oil skimming, and prevention of further oil dispersion.  Specifically, there is concern that oil may leak west of the Mississippi River.  The Responder, along with nine other similar ships, have been primarily focusing on a radius of 5 miles around the rig, which now is located upon the ocean floor.

The magnitude of the oil spill is huge; in fact, almost 300 response vessels are involved.  According to www.deepwaterhorizonresponse.com, over 3.5 million gallons of water tainted with oil have been treated and/or recovered.  The above source provides updates on the disaster, and for those who are watching this story unfold, it is an invaluable resource.

The Virginia Responder has a limited capacity and thus is working with other larger vessels so that it may work fervently on the disaster.