Child Injury Lawyer Blog

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Outside of St. Louis Missouri, a horrible bus accident was reported that involved two school buses, a semi truck, and a SUV. Tragically, two people died as a result of this bus / semi tractor / SUV accident and many others including a number of children were injured as a result of this accident. A full investigation will be conducted by State and Local authorities to determine the cause of the accident and what measures could have been taken to avoid the accident and related personal injuries.

The bus accident took place on Interstate 44. It was reported that thirty six children were transported to a local hospital (SSM Cardinal Glennon Children's Medical Center) for evaluation and treatment. Other accident victims were treated at St. John's Mercy Hospital and St. Louis Children's Hospital. Photographs and video tape of the accident scene show a school bus lifted into the air on back of the semi truck. It is clear from the photographic evidence that the accident was quite severe and traumatic for all drivers and passengers especially the school children. Accidents of this nature deal with the following issues or questions:

What are the duties and responsibilities of the school? bus driver?

What was the posted speed in the area? What were the traffic conditions?

What insurance will apply to the medical bills and injuries resulting from the accident?

Were any drivers cited for the cause of the bus accident?

What follow up medical treatment will be required by the surviving victims?

What damages will be compensable for the surviving victims?

What damages will be compensable for the family member of the unfortunate people who died as a result of the bus / semi truck / SUV accident?

Typically, the roadways are safe for our children and others in large buses and vehicles. Unfortunately, tragic accidents do happen in such a magnitude that deaths and serious injuries occur despite the size of the vehicles occupied by the drivers and passengers.

The accident happened on I-44 in Gray Summit, which is about 40 miles southwest of St. Louis. The Franklin County Sheriff's Office said it was helping the Missouri State Highway Patrol respond to the wreck.

In addition, the National Transportation Safety Board says it is sending a "go team" to investigate.

One of the fatalities was in a GMC vehicle, said Missouri Highway Patrol spokesman Jeff Wilson, and the other was on the first bus. Crews were trying to pull all the vehicles apart so they could identify both fatalities. The tractor-trailer was stopped for traffic in a construction zone, Wilson said.

Renee Ridling, president-elect of the St. James Chamber of Commerce, said the town is a small, rural community about 100 miles west of St. Louis with a population of about 4,000. Ridling is a nursing facility administrator, and some of her staffers had children on the buses.

"Everybody's pretty anxious right now, wanting to know what's going on," she said.

Kelsie Parton, 25, is a volunteer at the St. James Tourist Information Center.

"The news spread really, really fast," Parton said. Once one person knew about the wreck, everybody called one another. There are also a lot of Facebook updates, she said.

She said the only local person who had come in to the center is her grandmother, who works at a pharmacy, and "they're all kind of worried" there.

"I've had a lot of travelers come in and ask if everybody's OK," she said. Some of them heard about the crash on the radio, while others passed it, she said.

She knows one boy who was on one of the buses and has spoken to his mother. He is OK. She said his last Facebook update said he was headed to Six Flags with the band, then the last one only said, "please pray."

CNN affiliate KTVI reported the two school buses involved in the crash were carrying high school band students from the St. James, Missouri, School District who were on their way to a Six Flags amusement park in Eureka.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Houston, Texas, police have charged a school teacher with a hit and run incident. The driver claims that she left the scene because there was a mob that had gathered and she feared for her safety. In leaving the scene of this pedestrian accident, there may have been evidence that left the scene with the automobile. When there is an automobile accident involving personal injuries, a person has a duty to remain at the scene of the automobile accident. There are similar laws in other States as well. It is certainly tragic that a young child (Destiny Garcia - age 8) died as a result of this incident. It is a loss that parents and family members will suffer for many years to come. You can read more about this story at Teacher Charged in Hit and Run Accident in Texas.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Slidell, Louisiana, a man was arrested and charged with the death of a 22 month old girl. As reported in the WWLTV News, the St. Tammany Sheriff's office believes that Rubie Boland was shaken and assaulted by her babysitter at the time - Andrew Roberts (age 20).

The grandmother called an ambulance to get some medical assistance for the child. She was then rushed to a local hospital but the doctors were unable to save her life from the alleged attack that caused this life ending personal injuries to this small child.

St. Tammany Sheriff Strain reported that Mr. Roberts was already having a "bad day" prior to the incident. Rubie Boland had a potty accident which is common for children of this age. Apparently, Mr. Roberts responded harshly to this incident by
picking Rubie up by her feet and slamming her against the floor.

The assault and truly excessive discipline alleged to have been committed by Mr. Roberts causes serious personal injuries and traumatic brain damages to this helpless and defenseless child.

You can read more about this story at Man Charged in Shaken Baby Assault / Attack Regarding Death of 22 Month Old Girl in Louisiana.

By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Kansas and other states, some drivers especially young ones in sports cars or little sports cars believe it is great fun and a challenge to race other drivers. The thrill of speed and the chase take priority over the safety of others including innocent pedestrians and children. In Wichita, Kansas, one such drag racing incident ended the life of Robert Ryder - age 25 - who was pronounced dead at the scene. His cousin was reported to have serious personal injuries resulting in a hospitalization. You can read more about this story at Police Investigating Drag Racing Accident in Wichita Kansas.

Unlike some other automobile accidents, drag racing automobile accidents are completely avoidable. The public roads of Wichita Kansas are no place for drag racing especially those with pedestrians and cross walks. Drag racing is an inherently dangerous activity that should only be done by professionals under a very controlled environment. Every day in Kansas, drivers zip around the roads in a hurry to get somewhere or just for sport. The safety of others should be paramount over everything else.

If you or someone you know has suffered personal injuries in an automobile accident, pedestrian incident, bicycle accident, or other accident, contact an Injury Lawyer for advise, consultation, and representation. Know your legal rights.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Six year old Anastasia Bingham of Terry, Mississippi was on her way home from a friend’s house when she was attacked by an unrestrained pit bull that was kept in a doghouse behind one of the neighborhood homes. When emergency help arrived, the child was pronounced dead at the scene.

Tragically, the pit bull that attacked and killed the girl appears to be a dog belonging to a distant cousin of the family. Anastasia’s grandfather, Willie Bingham, said that the family would press charges whether the owner is a relative or not.

Hinds County, Mississippi recently made its vicious dog ordinance tougher, making it illegal for felons to own dangerous dogs and requiring that such dogs be confined at all times. Malcolm McMillin, the Hinds County Sheriff, has said that the attack is under investigation and that if any law was violated that resulted in the death of the little girl, the county would bring charges against the dog’s owners.

You can read more details of the tragic death of Anastasia Bingham at Authorities continue search for vicious pit bull.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Aaron Pace of Philadelphia, Pennsylvania was babysitting twenty month old Suliaman Orrell Kirkland recently, with other family members present in the home. Pace, who refers to himself as the child’s godfather, allegedly wet a rag with Drano and applied it to the child’s skin to punish him for being uncooperative.

Of course, Mr. Pace and / or any other potential Defendant has the right to advice and counsel from a criminal defense attorney. The district attorney and police department have a duty to investigate deaths of this nature to determine if a crime was committed, the type of crime committed, and the evidence available to prove such a crime. Some child deaths result from inattention, negligence, or just an unfortunate and unpredictable incident. Others result from intentional and reckless acts which should be prosecuted.

Pace’s family members did not witness the alleged Drano incident, but did notice sometime later that Suliaman was injured, and called the child’s mother. She in turn called an ambulance. When paramedics arrived, they found the child covered with chemical burns on his upper extremities. The child was rushed to the hospital in critical condition. He died of his injuries the next day. Pace is being held by police but has not been charged with any crime.

There are far too many stories in the news about children being “punished” by being exposed to toxic household chemicals. These chemicals are very dangerous and can seriously injure or even kill a young child. Parents and caregivers need to understand that injuring a child is not an appropriate disciplinary tool. More details about the tragic death of Suliaman Orrell Kirkland can be found by visiting Police: Babysitter killed toddler with Drano.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Anthony Jerome Hall Jr. was accused of beating and stomping his girlfriend’s baby to death while she was at school. According to prosecutors, Hall killed the child late in the evening, telling the mother that he had put the baby to bed before she arrived home. The next morning, after the girlfriend left the house, Hall allegedly stuffed the boy’s body into a plastic trash bag, and then took several trains and a bus to Long Beach, where he tossed the baby in a trash bin.

He then called his girlfriend and told her that the child had been abducted; cutting himself with his own keys to make it look as though he had been attacked. When Hall’s girlfriend called the police, the dispatcher called Hall’s cell phone, and police were able to locate him in Long Beach, where they quickly discovered the body.

Hall admitted to officers that the kidnapping had been a lie, but insisted that the child’s death was an accident. He later told investigators that his girlfriend had killed the child, and then asked him to dump the body. Later on he changed his story again, saying that he had struck the child several times before putting him to bed, and that he had found the boy dead the next morning.

The defense painted Hall as a “fall guy,” who was willing to take the blame for his girlfriend’s actions, and pointed out that there was no physical evidence linking Hall to the child’s death. The case has been turned over to the jury. Find out more the tragic death of a California infant at Baby killing case goes to jurors.

If your child has been injured, please contact our Jacksonville, Florida law firm for child injury law counsel.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Gigi Jordan, a pharmaceutical representative from New York City, recently checked into the Peninsula Hotel in Midtown Manhattan with her eight year old son, Jude Michael Mirra, who has been described as profoundly autistic. While in her hotel room, she allegedly caused her son to overdose on medication, and was herself found unconscious on the floor, surrounded by sheets of paper containing a suicide note and a large amount of prescription medications.

The medical examiner has not yet released an official cause of death for the boy. Ms. Jordan is being held in the hospital and is expected to be arraigned on charges of second degree murder.

According to Ms. Jordan’s friends, she had been consumed with her son’s disorder and had driven herself mad trying to find a cure for him. A self-made millionaire, she apparently flew all over the country trying to find answers from respected research hospitals and universities, to no avail.

Autism activists have denounced Ms. Jordan’s actions, but point out that there is a distinct lack of support for parents with autism, unlike for victims of other diseases. You can read more about this tragic death of an autistic child at Pressures of Raising a Child with Autism Alone Drove Gigi Jordan Mad, Friends Say.

If your child has been injured due to someone else’s negligence, please contact our Jacksonville, Florida law firm for child injury law counsel.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In October 2009, it is alleged that Carmen Huertas drank heavily and then put seven children in a car to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Leandra’s death inspired a new law to protect children from drunk drivers, and New York’s Governor Paterson has signed it into law. The new law, called Leandra’s Law, makes it a felony to drive drunk when there is a child fifteen years of age or younger in the car. It also requires convicted drunk drivers to have ignition locks on their cars.

The bill is considered one of the toughest drunk driving laws in the nation, and it was approved unanimously by the Assembly and the Senate, and signed into law hours later. All together the bill took less than a month to become law. Leandra’s father, Lenny Rosado, said the law will help him move on from the death of his child, knowing that her tragic death may help save other children. Rosado himself lobbied the legislature to pass the bill. Now, he says the next step in healing is to attend the trial of Ms. Huertas. He then plans to try to get Leandra’s Law passed nationally. Read more of the details of Lenny Rosado’s battle to protect other children from drunk drivers at Leandra's Law official: Driving drunk with child in car felony after death of Leandra Rosado, 11.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Oscoda Township, Michigan police are investigating an accident in a supermarket parking lot that took the life of a twelve year old girl. Reportedly, the driver of a 1999 Buick was backing out of his parking space when he lost control of the vehicle due to an alleged mechanical failure. The car spun out of its spot in reverse, crashing into the entrance of the market where a woman and three children where exiting. All three children were hit by the car, the twelve year old died at a local hospital, a nine year old girl was airlifted to the hospital, and a four year old boy was treated and released. The driver of the Buick has been questioned, but no charges have been filed.

This very tragic accident is an example of the terrible injuries that can be caused by a mechanical failure. While the specific failure in this case was not mentioned, it will certainly be the subject of much scrutiny if this case goes to court. Find out more about this tragic accident that took the life of a child at Police Investigating Child Death in Iosco County.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Infants and babies are at risk for injury when co-sleeping and alcohol combine. In Milwaukee, Wisconsin, a 6 day old baby died when the mother fell asleep or passed out on the couch at home. Rose Prescott, age 30, informed police that she may have fallen asleep on the couch after consuming alcohol earlier in the day. It was reported that the death of the child (Celianna) happen to be the third co-sleeping death in the immediate family.

Co-sleeping is commonly referred to as the family bed. Many parents and caregivers like to sleep in the same bed with an infant or child as sort of a bonding experience. Unfortunately, co-sleeping is extremely dangerous to infants and babies as they are at risks for suffocation and other related injuries as a result of an adult inadvertently lying or crushing the child.

You can read more about this story at Co-Sleeping Death in Wisconsin Results in Criminal Charges.

You can read more statistics and information regarding this topic at Co-Sleeping with a Baby Can Be Dangerous.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The death of an 18 year old freshman from the University of Delaware resulted in the suspension of a fraternity (Sigman Alpha Mu) and a fine of $50,000. Delaware Online reported on this story. The case was pursued by the Delaware Attorney General's office. The prosecution of hazing and drinking incidents on college campuses like the University of Delaware is very important for the safety of college students. Unfortunately, incidents of alcohol poisoning and alcohol related personal injuries and deaths continue to take place on or near college campuses every year. Fraternities can be a place of great fun. They can also be a place of great irresponsibility and danger. Alcohol poisoning is a very serious medical condition that requires medical attention and treatment. Without timely medical attention, serious personal injuries and even deaths result. Brett Griffin's life ended at 18 years of age as a result of alcohol poisoning. Students, administrators, teachers, and, yes, even parents should do their best to educate others about the dangers of alcohol.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada, a woman (Brandi Reeves) pleaded guilty to criminal charges of child abuse and neglect for her role in the death of a 2 year old son. The criminal investigation and criminal prosecution also involves the child's father who is facing murder charges regarding the death of the boy who died in 2007. Witnesses reported that the father beat the child with a hammer. This is a sad and tragic story as to how some parents discipline and abuse their children. Of course, the father will be entitled to defend himself regarding the charges. Whether the crime was committed by the father, girlfriend, or some other individual, a 2 year old child should be protected and cared for in a loving environment rather than beating senselessly by an adult who should certainly know better. You can read more about this story at Nevada Woman Pleads Guilty for Her Role in Death of Toddler.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A four year old boy, Jonathan Vasquez, was killed in a hit and run accident in front of his school recently. The child was riding a scooter to preschool, with his grandmother and older brother walking behind him, when he was hit while crossing the street that leads out of the school parking lot. The driver of the car fled the scene, dragging the boy’s body behind him for a short distance. Because the accident occurred just after the first morning bell, there were few witnesses and the police do not have a good description of the car or the driver, who has only been described as a man with a dark complexion.

Drivers need to be extra cautious around schools and parents need to hold children’s hands when walking in parking lots or crossing streets. Child safety experts warn that drop off and pick up at schools are the most dangerous places for young children, and estimate that about half of all children struck by cars near schools are hit by other parents. School administrators and teachers should remind parents that they need to slow down and drive with caution, and keep their mind on their driving instead of the day ahead. Parents and others picking up children at school should leave the house ten minutes earlier so that parents are not feeling rushed when dropping their kids of at school. And of course, it is always a good idea to hold a child’s hand near traffic.

North Sacramento Police have asked anyone with information about the accident to call Crime Alert at (916) 443-HELP. Callers can remain anonymous and might be eligible for a reward of up to $1,000. You can read more about this hit and run accident at Child's hit-run death in North Sac spurs school safety warnings.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Seventeen year old Lars Haas had allegedly been drinking and smoking marijuana when he ran a red light and plowed into a truck. The driver of the truck, seventy one year old Robert Meehan, was ejected from the truck and died from his injuries. The boy was driving his mother's, Susan Haas’s, car at the time of the accident, but that is not all that his mother allegedly gave him: she has been charged with providing alcohol to Haas and some of his friend’s before loaning the boy her car. Ms. Haas was not in the car when the accident occurred. Police have reported that Haas’s blood alcohol level was over the legal limit for the state of New York, and that he had marijuana in his system as well. He has been charged with aggravated vehicular homicide and driving while intoxicated (DWI) among other charges. Ms. Haas has been charged with furnishing alcohol to a minor.

The legal drinking age is twenty-one for a good reason. Teenagers are strongly affected by alcohol, and their already poor judgment is made even worse when they are under the influence. But children are not the only ones whose judgment is impaired by alcohol; that the child’s mother was supplying her son with alcohol is reprehensible, that she then loaned him her car when he was intoxicated is inexcusable. Their combined poor judgment has cost a man his life. The full story is available at Teen, mom arrested in fatal New York DWI accident .

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Four year old John-Paul Massey of Liverpool, England, was being watched by his grandmother, Helen Foulkes, while his mother was out on a date. Some time that evening he was mauled to death by the family’s pet Bull Terrier. Ms. Foulkes tried to pull the boy out of the dog’s jaws, but was unsuccessful. Ms. Foulkes suffered some bite marks. She was treated and released from the hospital. When police arrived they shot the animal on the spot. The attack took place at a house where police had been warned that illegal dog-breeding was taking place.

Merseyside Police have launched a full investigation into the child’s death, especially considering the failure of the police department dispatcher to pass on the message to officers about the suspected dog breeding at the residence. The operator reported that he felt it was not a police matter and so disregarded it. The operator’s actions were against police policy. Part of the investigation will also involve determining the dog’s exact breed, to see if the dog's breed fell under the country’s Dangerous Dogs Act, which completely bans four breeds of dangerous dogs. It is also not clear at this point who owned the dog, although neighbors have said that it belonged to Ms. Foulkes’ son, Christian Foulkes, an active soldier. Neighbors also reported that the dog was vicious and that they were afraid of it.

The death of this child is a tragedy that the family and the community will not soon get over. The judgment of the mother and grandmother of this child should be called into question for allowing the child to stay in a home with a viscous dog. Read more about this deadly bull terrier attack at Police 'were warned' before family's dog killed child.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In California, traffic signals and devices should be obeyed by drivers. The simple act of running a red light can be quite deadly. In Novato, California, Steven Culbertson, age 19 from Lakeville, California, first hit a car stopped for a light and then drove through the red light and into the intersection. Then, Culbertson in a BMW Mini Cooper crashed into a mini-van occupied by the Maloney family. The father (Johnathan Maloney - age 45), the mother (Susan Maloney - age 42) and two children (Grace and Aiden) died as a result of the impact according to the California Highway Patrol.

This crash is truly tragic. The sudden and avoidable deaths of the Maloney Family will be such a loss for their other family members, neighbors, friends, and the community.

All drivers should obey the speed limit and obey traffic signals. Running a red light as you can see can be deadly not only for one person but an entire family. See California Family Killed in Red Light Automobile Accident.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Louisville, Kentucky, a man wrecked his car following an attempt to flee police after an attempted routine traffic stop. The Jefferson County Sheriff's Office reported the incident. In fleeing from the police, Miller Lee Smith, Jr. some how lost control of his vehicle which overturned. One child died and another was injured as a result of this crash. You can read more about this tragic and most avoidable crash at Man Arrested After Police Car Chase Leads to Child's Death and Another Child's Injuries.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Richmond, Virginia, Keishawn L. Whitfield, age 23, was recently convicted on charges of Involuntary Manslaughter and Child Neglect. In the Summer of 2009, Mr. Whitfield left a 13 month old child unattended in a day care center van. Whitfield's attorneys argued that it was a mistake and inattention rather than a crime to leave the child in the day care center van. Tragically, the child died as a result of being left in a hot vehicle in the Virginia summer heat. The child was enrolled in the Yellow Brick Road Day Care and Learning Center which was owned and operated by Whitfield's mother.

It is extremely dangerous as can be seen by this case to leave a child unattended in a vehicle. Whether it is summer heat or winter cold, small children are at risk for injuries and even death from being left in a vehicle. Further, the failure to supervise can lead to non weather related injuries or death as well. You can read more about this story at Richmond, Virginia Day Care Driver Convicted of Crimes Involving Death of 13 Month Old Left Unattended in a Vehicle.