By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Baton Rouge, Louisiana, a child died while under the care of Wanda’s Kids World (day care center / child care center). It has been reported that Wanda’s Kids World had a liability insurance policy in effect with Colony Insurance. Recently, Colony Insurance filed a lawsuit seeking a court order to determine its obligations (if any) for the injuries / death by the child who was left unattended in a day care center van. It is position of Colony Insurance that no coverage would apply under this particular insurance policy since the incident involved a vehicle (van) which is (according to Colony) excluded under the policy. In Louisiana and other States, an insurance policy is a contract between the insurer (Colony Insurance) and the insured (Wanda’s Kids World). The contract (insurance policy) must be read to determine coverage under the policy. Attorneys are skilled in reading contracts and insurance policies to determine applicable coverage. The review of the insurance policy may require a review of applicable Statutes, Code provisions, insurance regulations, and Court rulings. In this case, Colony Insurance is seeking a court order to hopes that the Court will rule that Colony has no duty to pay or provide coverage for the wrongful death of the child who was left unattended in the vehicle.
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Spartanburg, County South Carolina special needs girl, Meah Weidner, died as a result of child abuse according to South Carolina law enforcement officials. Deputies have charged David Anthony “Tony” Tyre with homicide (child abuse). The incident and death took place on July 5, 2009. Tyre is believed to have shaken the child and dropping her on her head. Based on Meah’s special needs and disabilities, she had no ability to defend herself from the violent or harmful acts of others. There was a prior incident in which Tyre is believed to be involved with child abuse resulting in a broken arm to Meah.
When considering where colleges with your teenager, Playboy magazine offers its own unique listing of colleges in the country—the annual listing of the top party schools in the nation. Considering categories such as bikinis, sex, campus life, sports, and brains, Playboy ranked the University of Georgia Number 7 nationally. UGA even received bonus points for having the “hottest sorority girls in the country.”
In New Orleans, Louisiana and other cities, guns are dangerous when placed in the hands of a young child or accessible to a young child. Of course, many gun enthusiasts believe that guns and children go together as long as their is training and supervision. Training and supervision combined with good judgment are all vital to gun safety and the prevention of gun related personal injuries and wrongful deaths. In New Orleans, Louisiana, a 20 year old man (Adrian Kelly) was accidentally shot when he attempted to take a gun away from a 4 year old boy. Details from news reports were vague. I would be interested to know the following:
A tragic accident took place recently in Hinds County Mississippi. Two teenage brothers from Jackson, Mississippi were traveling South on I 55 in a Ford Taurus. Wet road conditions may have led to Preston Garrett, age 18, losing control of the vehicle. Brandon Woodard, age 15, was a passenger in the vehicle. The Ford Taurus crossed over the median and was hit by another vehicle heading North on I-55 according to the Hinds County Coroner’s Office. Both Brandon and Garrett died in the accident. Neither was wearing a seat belt but it is unclear from the facts reported whether a seatbelt would have made a difference as to the severity of the automobile accident related personal injuries.
In yet another case of unfortunate and preventable deaths, a two month old baby has died due to being smothered while sleeping with an adult. For the third time in two months, an infant has died in Milwaukee, Wisconsin as a result of what is known as co-sleeping or bed-sharing. The Milwaukee Health Department has documented that between 2004 and 2007, 72 of 120 Milwaukee infants who have died have done so when sharing a bed with parents, other children or caregivers. Due to the growing concern of this phenomenon and the recent deaths, the City of Milwaukee Health Department has launched a safe sleep awareness campaign by posting a demonstration on YouTube, preparing videos. issuing guidelines for safe sleep and preparing pamphlets for distribution.