City, Trucking Firm Face Suits Over Fatal Accident

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Posted on 9th March 2013 by gjohnson in Uncategorized

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The family of an East Harlem boy who was struck and killed by a tractor-trailer, at a corner where a crossing guard was absent, plans to sue New York City for $50 million, and has already filed suit against the trucking company, according to the New York Post.

http://www.nypost.com/p/news/local/manhattan/mow_kid_family_suit_jMsEMOc3sHlDoFZWVLtPwL

The “notice of claim” against the city was filed on behalf of the victim’s brother, 9-year-old Issouf Diarrassouba, in the city Comptroller’s Office, the Post reported. Issouf was with his 6-year-old brother Amar on Feb, 28 when the younger boy was hit by a tractor trailer at First Avenue and East 117th Street in Manhattan.

The Post also reported that the family has already filed a lawsuit in New Jersey against the truck driver involved in the accident, Robert Carroll Jr., and his employer, McLane Foodservice Distribution, for negligence.

According to the Post, the notice to the city claims that Issouf could have been killed, as well, and that he has suffered psychological and emotional injuries because of the horror of seeing Amar die.

The notice said that the lawsuit will name the city, the New York Police Department and crossing guard Flavia Roman as defendants, the Post reported. Roman was supposed to be on duty at the corner, at the time, that Amar was struck and killed.

The Post reported that the lawsuit notice specifically said that the crossing guard “deserted her post, abandoning the children who were promised her protection.”

 

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Six Die In Truck Accidents In Oklahoma City

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Posted on 11th August 2012 by gjohnson in Uncategorized

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Friday was death day in Oklahoma City, where six people were killed in two separate truck accidents, according to NewsOK.com.

http://newsok.com/2-separate-automobiles-accidents-claim-6-lives/article/3699729

Five people died in a crash involving a car and a tractor trailer on Interstate 35, south of Interstate 40, at 1 a.m. Friday. The car was driving south on I-35 when it went off the road, came back on and then went under the truck rig, NewsOK.com reported.

The roof was sheared off the car, which then went into the westbound lane of I-40 and went on fire. The five people in the car were all thrown out of it, and were all killed, according to NewsOK.com. Four of the five victims were from India. Authorities didn’t release the names of the deceased.

The tractor trailer driver wasn’t hurt in the accident.

Then there was a second crash at 1:40 p.m. Friday. A pickup truck was traveling east on I-40, west of I-35, when it struck some oil-field gear that was in the road, NewsOK.com reported.

The pickup then veered off and crashed into a retaining wall, and flipped over. The driver, who didn’t have his seat belt on, died of traumatic head injuries, according to NewsOK.com.

 

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Wisconsin Truck Driver Kills Two On Motorcyle In Accident

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Posted on 25th May 2012 by gjohnson in Uncategorized

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A tractor-trailer driven by a Wisconsin man Tuesday struck and killed two people who were on a motorcycle on a Kentucky highway. The motorcycle had stopped because of an accident in front of it.

James M. Hoerman, 60, of Antigo, Wis., was driving on Interstate 24 near Paducah, Ky., when the accident happened, according to The Herald-Sun of Durham, N.C.

http://www.heraldsun.com/view/full_story/18731653/article-Duke-grad-student–fianc%C3%A9-killed-in-Kentucky-crash

http://www.620wtmj.com/news/local/153060065.html

Jessica Caroe, 27, who was studying for an MBA from Duke University’s Fuqua School of Business, and her fiance, Robert Storrs, 30, were pronounced dead at the scene.

Their Honda Shadow motorcycle had stopped on Interstate 24 because of a traffic backup due to an accident that had taken place a bridge over the Ohio River.

According to The Herald-Sun, Hoerman didn’t slow down for the traffic. His truck clipped off the mirror on another truck, and then it hit the Honda motorcycle that Caroe and Storrs were on. They were thrown from the bike.

Hoerman then crashed into the back of a tractor-trailer that was driven by Jeremy Wuels, 31, of Carlisle, Ill., The Herald-Sun reported.

Hoerman and Wuels were taken to a local hospital, but their injuries weren’t critical.

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Journalist And Author Jeffrey Zaslow Killed In Crash With Truck In Michigan

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Posted on 11th February 2012 by gjohnson in Uncategorized

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Wall Street Journal writer Jeffrey Zaslow, who recently collaborated on Arizona Rep. Gabrielle Giffords’ memoir, was killed Friday when he crashed into a truck in northern Michigan.

http://online.wsj.com/article/SB10001424052970203646004577215574045345682.html?mod=WSJ_hp_mostpop_read

Zaslow, an award-winning writer, was 53, according to The Journal. He was traveling on a slippery, snowy road when he lost control of his vehicle and hit the truck, according to The Journal, which cited information from Zaslow’s wife and the Antrim County Sheriff’s Office. Authorities didn’t provide any information on the fate of the truck driver.

Zaslow was not only a journlist, but a best-selling author. His books included “Highest Duty,” which was about Capt. Chesley Sullenberger, who saved his passengers and crew by landing a passenger jet in the Hudson River in New York City. 

Most recently, Zaslow worked with Giffords, who was shot in the head by an attacker a year ago, and her ex-astronaut husband Mark Kelly, on the couple’s joint memoir, ”Gabby: A Story of Courage and Hope.”

Zaslow also had the distinct duty of serving as Ann Landers’ replacement as the advice columnist for the Chicago Sun-Times. He got the gig after writing a Page One-feature for The Journal about entering a contest to replace Landers.   

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Series of Truck Accidents Leave a Trail of Deaths

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Posted on 5th April 2010 by gjohnson in Uncategorized

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In a rather frightening turn of events, there has been a glut of fatal truck accidents in the past few weeks. Just this Wednesday, three Marine Corps recruits died in a multi-vehicle accident near Leavittsburg, Ohio. http://www.upi.com/Top_News/US/2010/04/01/Ohio-pileup-kills-three-USMC-recruits/UPI-12991270137784/

The three victims were headed to Cleveland to take a military exam when they became part of a fatal pileup in Warren Township, Ohio, on State Route 5.

All three Marine recruits were in the back seat of a Pontiac when a semi-truck hit the rear of their vehicle at an intersection near Leavittsburg. Then several other cars plowed into them.

The three victims were Zachery Nolan, 19, of Newton Falls, Joshua Sherbourne, 21, of Southington, and Michael Theodore Jr., 19, of Warren.

The driver of the Pontiac, Marine Sgt. Charles Keene, and his front-seat passenger were taken to a hospital for treatment.

Of course, last week there was the horrific accident where a semi-truck crashed into a van in Kentucky filled with a Mennonite family on its way to a wedding in Iowa. That accident left 11 people dead.

Also last week, a dump truck plowed into a group of motorcyclists on Carefree Highway in Phoenix. Eight motorcycles were stopped at a red light last Friday when a sanitation truck slammed into them. Four people died from injuries sustained in that crash. http://www.azcentral.com/news/articles/2010/03/26/20100326phoenix-motorcycle-crash-folo0326.html

Motorcyclists Clyde Nachand, 67, Stephen Punch, 52, and Daniel Butler, 35, died at the scene. A fourth victim, Dayle Veronica Downs-Totonchi, 47, died at a hospital a day after the crash.

The dump truck’s driver, Ernie Lizarraga, had surgery performed and was in serious condition.

A witness who talked to Lizarraga after the crash, Walgreen employee Tania Krukoff, told The Arizona Republic that the driver was in shock,

“He told me he wasn’t paying attention, just shuffling with his paperwork,” Krukoff told The Republic. “

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Transportation Department Proposes Texting Ban for Truck, Bus Drivers

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Posted on 4th April 2010 by gjohnson in Uncategorized

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The U.S. Transportation Department proposed to make permanent a ban on texting by interstate truck and bus drivers, with the agency trying to cut down the number of accidents by cutting down on driver distractions. http://www.google.com/hostednews/ap/article/ALeqM5gFP1DYVH_F_STKnQ7PqSkRAK3RkQD9EPQER02

The proposal is essentially following up on the action taken in January by Transportation Secretary Ray LaHood, who ordered an interim texting ban for the drivers of commercial trucks and buses over 10,000 pounds. Those who violate the ban could have criminal or civil penalties imposed on them.

According to the Transportation Department, 5,870 people died and 515,000 were hurt in 2008 in crashes linked to driver distractions, typically cellphones or other mobile devices, according to the Associated Press. The District of Columbia and 20 states now ban drivers from texting. The Associated Press story cited a frightening statistic from a study by the Federal Motor Carrier Safety Administration. It found that drivers who text take their eyes off the road an average of 4.6 seconds out of every six seconds of texting. If a car is traveling at 55 miles per hour, that means the driver is going the length of a football field without looking at the road.

That’s some pretty sobering data.

President Obama has already signed an executive order, effective the end of last year, that tells federal employees not to text message while behind the wheel of government vehicles.

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Truck Company Involved in Deadly Kentucky Crash Had Bad Safety Rating

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Posted on 1st April 2010 by gjohnson in Uncategorized

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We guess this shouldn’t come as a surprise: The Alabama company whose truck was involved in a Kentucky crash that killed 11 people, mostly members of a Mennonite family, has lousy safety grades from federal regulators. http://www.google.com/hostednews/ap/article/ALeqM5hLwSxXtdifP0CI2hAcp3nu-NSl-QD9EPPJ7O0

According to the Associated Press, Hester Inc. had received a “deficient” rating of 88.4, with 100 being the worse score, from the Federal Motor Carrier Safety Administration. That low grade was based on inspections of 30 drivers during the past 30 months.

A Hester tractor-trailer truck driven by Kennenth Laymon, 45, of Jasper, Ala., went over a median on Interstate 65 Friday and hit a van carrying a Mennonite family to a wedding in Iowa. Ten people in the 15-seat van were killed, as was Laymon.

Laymon’s truck had been cited for problems with its brakes, lights and brakes during six inspections since 2008, according to AP.

An official with the American Trucking Association maintained that Hester should not have been in business operating based on its low safety score.

What the point of having safety testing if companies that don’t past muster are still allowed to have their trucks on the road?

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Mennonites Mourn After 11 Are Killed In Collision With Tractor Trailer

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Posted on 30th March 2010 by gjohnson in Uncategorized

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A close-knit Mennonite community in Kentucky was in mourning this past weekend after 11 people, on their way to a wedding in Iowa, were killed in a horrific accident with a tractor-trailer. http://www.aolnews.com/nation/article/kentucky-mennonites-labor-through-grief-to-bury-family/19416913?icid=main|main|dl1|link5|http%3A%2F%2Fwww.aolnews.com%2Fnation%2Farticle%2Fkentucky-mennonites-labor-through-grief-to-bury-family%2F19416913 The Mennonites died after the truck crossed a highway meridian on I-65 in central Kentucky and hit the 15-seat Dodge van that the 11 deceased were traveling in. The tragedy took place shortly after 5:30 a.m., about 40 miles northwest of Bowling Green, not far from Mammoth Cave National Park.

In what seemed to be a minor miracle, the crash’s only survivors were two young brothers. They were both strapped into child safety seats, and lived after being thrown from the van. http://www.nypost.com/p/news/national/mennonites_die_in_crash_gpYaJyIk3QymzvsZUcEUBL

The tractor-trailer driver, who was from Alabama, was among those killed in the crash.

The Mennonite deceased included John Esh, 64, and his 62-yar-old wife Sadie Esh, who owned a vinyl siding business in Marrowbone, Ky.

In addition, four of the Esh’s 12 children were killed, as well as their daughter-in-law, their youngest daughter’s fiancé, their infant grandchild and a family friend. http://www.nytimes.com/2010/03/27/us/27kentucky.html?ref=us The only crash survivors who were passengers in the van were the Eshes’ two grandsons, 5-year-old Josiah Esh and 3-year-old Johnny Esh.

Their adopted baby brother, Jalen, died in the collision.

This past weekend members of the Mennonite community were actually building coffins by hand for those who perished on Friday.

The van left Burkesville, Ky., Friday at 4 a.m. Central time, ending in what The New York Times called the worst two-vehicle highway crash in Kentucky since 1988. There were 27 people killed in that accident.

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

Why States Shouldn’t Be Too Hasty Raising Their Speed Limits

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Posted on 18th March 2010 by gjohnson in Uncategorized

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Highway speed limits continue to get higher, with Virginia last week becoming the most recent state to raise its limit to 70 mph. In fact, now 34 states have speed limits of 70 mph or more, prompting The Wall Street Journal Wednesday to call 70 mph “the new 55.” http://online.wsj.com/article/SB10001424052748704688604575125510326010610.html?mod=WSJ_hpp_sections_lifestyle

Virginia’s new governor, Bob McDonnell, had made increasing the speed limit on rural roads to 70 mph from 65 mph one of his priorities. And 70 mph isn’t the top of the scale for speed limits. Idaho, New Mexico and Nevada have speed limits up to 75 mph on some rural interstates.

It seems to us that higher speed limits are a bad idea. People seem to want to behave foolishly behind the wheel, be it by using a cellphone, engaging in amorous behavior or trying to turn around and discipline an unruly child. And when foolish moves are made at 70 mph, the consequences are a lot worse than if a vehicle is traveling at 55 mph.

Proponents of the higher speed limits maintain that drivers should be trusted to use their own judgment as to what speeds they should be traveling at, depending on the weather and other conditions.

After the Arab oil embargo in 1973, 55 mph was set as the national speed limit in an effort to save gasoline. That limit was increased to 65 mph in 1987, but a GOP-controlled Congress totally scrapped the national speed limit in 1995.

There is data both for and against raising speed limits. The Federal Highway Administration, for example, blamed roughly 30 percent of the 37,261 highway fatalities in 2008 on people exceeding speed limits, according to The Journal.

On the other side of the argument, advocates of higher speed limits note that deaths and fatalities are down in the United States, even though speed limits are up.

We’ll end on this note. The GPS maker TomTom did a study that found that when cruising on an open highway, American drivers tend to clock in at about 70 mph – never mind what the posted speed limit is.

Attorney Gordon Johnson
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.