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Archive for News – Page 68

Boy Decapitated on Water Slide

Posted by David Brown 
· April 19, 2018 

In an effort to get the record for having the world’s largest waterslide, the Schlitterbahn Waterpark in Kansas City rushed through the building of a ride that was as structurally complex as it was dangerous. They ignored all the “red flags” with regard to safety, and they used crude methods instead of performing proper calculations. This act of negligence resulted in the death of a 10-year-old boy and more than a dozen injuries. The boy was decapitated while riding the 170-foot-tall slide. A year and a half after his death, the Attorney General’s Office for the State of Kansas has announced the filing of criminal charges against the company and one of its employees.

Both Schlitterbahn and Tyler Austin Miles (the former director of operations) are facing charges of involuntary manslaughter as well as several counts of battery, child endangerment, and interference with law enforcement. They claim that the company knew the slide wasn’t safe as there had been several injuries that had been reported before the boy’s death. The spokeswoman for Schlitterbahn denied that the company and Miles withheld any information or evidence. She said the boy’s death was the result of an accident – not a crime.

The 47-page indictment has detailed evidence that has been gathered from emails, memos, blueprints, videos, photos, and accounts from witnesses. It paints a different picture than what she and the company described. It proves that the company took little to no consideration for people’s safety, and they were only concerned about breaking a world record. The ride is a cross between a roller-coaster and a waterslide, and it was a spur-of-the-moment proposal that was meant to impress the producers of Travel Channel’s Extreme Waterparks series. Since the ride was opened in July of 2014, and before the boy’s death approximately two years later, 13 people have been injured because a raft went airborne and hit both the net and the suspended hoops. The boy was decapitated when the raft hit one of the hoops.

The indictment suggests that the company was aware of the dangers, and they knew that the ride could possibly kill people. Yet, despite the warnings, they rushed for a faster completion date. Investigations also revealed that the company hired an engineering firm to perform tests on the ride a week before it was officially opened, but they decided to ignore the results (which showed that a raft carrying 400-500 pounds of weight could go airborne).

 

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Oklahoma Teachers Rally at Capitol for More Funds

Posted by David Brown 
· April 17, 2018 

For a second day, public school teachers rallied at the State Capitol Building in Oklahoma City. Citing the need for higher pay and better funding for schools, the large crowd entered the capitol rotunda seeking an audience with lawmakers to support a tax bill that would provide an additional $200 million for Oklahoma Schools.

In addition to the protest at the capitol, some 30,000 other teachers left their jobs on Monday and Tuesday. These walkouts interrupted school in 70 school districts, suspending classes for 500,000 students in a state with a student population of 700,000. However, many students, parents, and teachers around the state organized events to support the striking teachers.

The Oklahoma teachers are following the pattern set in a by a successful teacher strike in West Virginia and another taking place in Kentucky. Like those states, Oklahoma does provide schools with funding well below the national average. Oklahoma ranks 47th in the U.S. in terms of dollars spent per student, and 48th in the nation in teacher salary average, according to data collected in 2016 by the National Educational Association. This works out to a mean annual average salary of $42,460, with new teachers starting at a wage of $31,600 minimum.

Oklahoma lawmakers tried to diffuse the strike before it happened by passing a $450 million tax bill, which included an average increase of $6,100 to teacher salaries. However, the focus of the package would have forced some school districts to cut back to just four school days a week. Teachers saw this as unacceptable and have requested that the spending bill is revoked and replaced by a package that would provide better funding for both teachers and school districts.

Governor Mary Fallin (R) has shown little sympathy for the striking teachers, suggesting they are acting like teenagers who want better cars. She also implied that the strike was not a product of local frustrated teachers but being led by outside groups, such as the anti-fascist movement, ANTIFA. Claims at which teachers and the local media both scoffed.

With both sides unwilling to budge, it seems a lengthy strike may be in order.

 

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SoCal Edison Sued for Deadly Wildfire, Mudslides

Posted by David Brown 
· April 12, 2018 

Southern California Edison (SoCal), the City of Ventura, and the regions’ Casitas and Montecito Municipal Water Districts are alleged to blame for one of Southern California’s largest wildfires, and its aftermath – deadly mudslides in Montecito. This is according to two class-action lawsuits brought on behalf of multiple victims, who lost homes, were unable to work, and whose loved ones died.

George Lewis vs. Southern California Edison Company filed December 15, 2017, in Ventura County Superior Court, alleges that during their construction activities in Santa Paula, Calif., SoCal employees failed to “ensure that surrounding trees and vegetation were trimmed and kept at a safe distance.” This negligence, the complaint states, caused the area’s dry vegetation to ignite. Plaintiffs’ attorneys also claim that the electricity provided by the City of Ventura and Casitas Municipal Water District was not adequate to power water pumping stations and fire hydrants.

As a result, the 8,500 firefighters battling what turned out to be the fifth largest fire in California history, were not able to contain the blaze early on. Nearly 100,000 residents in a 17-mile area were forced to evacuate.

The subsequent lawsuit, filed January 12, 2018, In Superior Court of Santa Barbara County, blames SoCal and The Montecito Water District for the Montecito mudslides that buried and closed Highway 101 in much of Santa Barbara County. According to the complaint, the Thomas Fire made the area vulnerable to runoff excesses, as well as erosion debris and mud flows during heavy rains.

The Thomas Fire claimed two lives and destroyed 281,000 acres and 1,000 properties. The Montecito mudslides were far deadlier, killing at least 20 people, destroying 1,000 homes, and damaging thousands more. Cost estimates of the dual disaster, in firefighting efforts, and land and property damage, well exceed $100 million.

Westlake Village Attorneys Robinson & Associates filed both lawsuits, joined for the second by attorney Joseph Liebman, and the law firm of Foley, Bezek, Behle & Curtis, LLP, both of Santa Barbara.

According to Southern California Edison, the California Dept. of Forestry and Fire Protection (Cal Fire), additional fire agencies, and the California Public Utilities Commission are investigating. The fire’s official cause has yet to be determined.

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Parole Officer’s Son Commits Suicide Using His Father’s Service Weapon

Posted by David Brown 
· April 10, 2018 

In the early morning hours of Valentine’s Day 2017, 18-year-old Marist High School senior William Han Manstrom-Greening committed suicide by using his father’s unsecured service weapon. William’s father Glenn Greening, along with Greening’s employer Lane County, have both been named as defendants by William’s estate in a wrongful death lawsuit filed just last week. According to the lawsuit. “On February 13, 2017, Lane County Parole and Probation Officer Glenn Greening left his Glock 19 duty weapon and ammunition readily accessible, loaded and unattended inside his home, and went to bed. His son, William Han Manstrom-Greening,” having gained easy access to the unsecured weapon then used the gun to kill himself.

The suit goes on to say that Lane County Parole and Probation, together with William’s father Glenn Greening, not only enhanced the dangerous circumstances surrounding the young man’s passing but in the end were the cause of William Han Manstrom-Greening’s wrongful death. “Lane County failed to ensure that Glenn Greening, an armed Lane County parole officer, properly stored his handgun.” Finally, the suit uncovers the previous history that Greening was suspended from carrying a gun in 2004 for threatening and harassing William’s mother. Despite this incident, the county re-authorized Greening to once again carry a gun in 2012.”

David Park, the attorney representing William’s estate says “law enforcement officers should be held to the highest standards of firearms safety. Doing so requires careful selection of the persons authorized to carry firearms as well as careful supervision of those persons, once selected.” Without access to his father’s gun, the wrongful death suit alleges that William would still be alive today.

Adopted at the age of just eleven months, William grew up In Eugene, Oregon as a well-liked scholar-athlete who ran cross country, played soccer, flag football, basketball, and baseball all while maintaining a 3.6-grade point average. William has been described an especially kind young man who was known to enjoy volunteering, traveling, playing a variety of board games and spending time with his family and friends. William’s future plans included attending Oregon State University with his fellow Marist High classmates following graduation this past spring.

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Male Student in UCLA Mercilessly Stabs His Classmate During A Chemistry Lab Session

Posted by David Brown 
· April 5, 2018 

The news received from UCLA (University of California Los Angeles) got everyone in shock and deep agony. Katherine Rosen was a pre-med student at her junior level in this university. It was said that Katherine and her fellow classmates were undertaking a chemistry lab session when something insane occurred.

“As I knelt to place something inside my desk drawer, I sensed that someone was behind me. In a jiffy, my fellow classmate, Doman Thompson, stabbed me in the neck and chest.” Katherine Rosen said.

Lucky enough, Katherine survived the lethal injuries and soon she was back to school. She decided to sue the University of California Los Angeles. This was based on the facts that the school had practiced negligence. She also said that the school was well informed about the classmate’s perilous deeds but it did not take up the task of protecting her.

Nine years after this incidence the California Supreme Court gave Katherine’s case a go-ahead. During the court verdict, the court said that it was the duty of all public universities and colleges to protect their students from any sort of violence. This was either during their extra-curricular activities or classroom sessions. The judge went ahead and stated that any college would be in deep trouble if they failed to put strict measures in place to discipline the notorious students and protect other students.

Justice Carol A. Corrigan stated in the court that all students from all over the world are always depending on the colleges to offer a conducive learning environment.

Unfortunately, in the court report, it was discovered that the UCLA officials were fully aware that Doman Thompson (Katherine’s assailant) suffered from severe auditory hallucinations and paranoid thoughts. The school psychiatrist did a couple of tests on him and found out that he suffered from schizophrenia. Based on his past university life, he had been prevented from accessing the campus’s housing. This was after he pushed another student. During the court ruling, it was stated that one of the teaching staff assistants had been informed by Doman that Katherine and other students were mortifying him. Katherine’s lawyer denied the allegations.

Brain Panish who happens to be Rosen’s trial lawyer said that Rosen was undergoing emotional and physical scars from the terrifying incident.

Rosen who is a medical student, sent an email communicating that she hoped the ruling will enforce the fact that universities should have effective ways to protect their students.

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Family Files Lawsuit After Their 18-Year-Old Girl Dies When FIU Bridge Collapsed

Posted by David Brown 
· April 3, 2018 

18-year-old Alex Duran’s family filed a wrongful death complaint against the defendants Munilla Construction Management, Figg Bridge Engineers, and subcontractors involved in the bridge project in Florida.

Alex Duran a student in the Florida International University met her death while driving her Toyota SUV. The bridge collapsed on her SUV vehicle trapping her in the rubble. She was confirmed dead on Friday.

It is questionable how Figg Engineers constructed the bridge with much haste. On a statement by Goldfarb, the constructors hurried in the project. He said that there were no precautions taken by the said constructors as at the time of construction there was still traffic along the road.

Richard Humble, a friend of Duran, escaped death when a slab of concrete hit on Duran’s SUV where she died.

More lawsuits follow as Duran and Richard Humble took to the courts to file a new lawsuit.

Still, the families of Rolando Fraga who did not survive the tragedy; Emily Joy, a college student who escaped a crushed car, and marquise Hepburn who got injured while cycling just near the bridge have pressed lawsuits against the defendants.

Goldfarb, a representative of the plaintiff, mentioned earlier that they have six months and one day before pressing charges. He said that the constructors acted so reckless by putting more effort building the bridge during the college spring break. He also stressed that they optimized on using the spring break which is not long enough to complete the bridge.

FIU retained Munilla Construction Management LLC as the general contractor. The purpose of Munilla was to oversee the building of the bridge project. A statement reported that the contractor lacked skill and experience in ABC techniques.

In an attempt to fulfill its duties, Munilla entered into an agreement with subcontractors who possessed the expertise. The use of ABC technique was to the advantage of the contractors. Reason being structural components can be assembled at the construction site even as traffic flows.

Five days following the placement of the bridge and post-tensioning was underway, cracking and popping sounds could be heard as adjustments were made to the tensioning rods.

A short while afterward the bridge collapsed as a tensioning rod failed. The tragedy claimed several lives and that of the plaintiff – Alex Duran.

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Families of Three Bucks County Murder Victims Sue the Parents of Cosmo Dinardo

Posted by David Brown 
· March 27, 2018 

“In our eyes, Cosmo DiNardo was given a playland for illegal acts,” said Carin O’Donnell, the attorney representing the Patrick family.

On Monday, March 5, exactly eight months after the first of four Bucks County murder victims went missing, the families of three victims filed a wrongful death lawsuit. Their lawyers said DiNardo’s parents and their construction company share the blame with the co-defendants in the criminal trial, Cosmo DiNardo and his cousin Sean Kratz.

The suit alleges that DiNardo’s Parents, in light of his documented mental health issues, should not have given him access to guns, ATVs, or their company’s heavy construction equipment. It delineates how in 2017 Dinardo was involuntarily committed to a mental institution and prohibited from carrying a firearm. An affidavit from his February 2017 charge of illegal possession of a firearm states that DiNardo is “known to be suffering from mental illness.”

Craig Penglase, defense attorney for Kratz, said he was concerned the civil litigation could affect the criminal trial. Fortunato Perri Jr., a defense attorney for DiNardo, could not be reached for comment.

In July 2017, the bodies of Jimi Patrick, 19, of Newtown; Dean Finocchiaro, 18, of Middletown; Thomas Meo, 21, and Mark Sturgis, 22, of Pennsburg, were found on a 90-acre Bucks County farm owned by the DiNardo family. The remains of the four men were found buried 12.5 feet underground in a converted oil tank that had served as a pig roaster.

On March 5, for the first time, family members publicly voiced their grief and remembrances of the three young men. Bonnie Finocchiaro remembered her son as an “awesome person” with a “huge heart.” Melissa Fratanduono-Meo spoke of her son Tom as “bright and funny,” always “a lot of fun.”

In a quivering voice, Sharon Patrick, guardian and grandmother of Jimi Patrick, described her final moments with her grandson. “I said, ‘Are you waiting for me to get up and kiss you goodbye?’ So I stood up and I kissed him goodbye. And I told him I loved him, and he told me he loved me. Then we hugged each other, and I told him, ‘Come home early.’ “He said he would,” she continued, beginning to weep. “That was the last time.”

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Lithium-ion Battery Explodes In Man’s Pocket, Causes Severe Burns. “It was like a flame thrower.”

Posted by David Brown 
· March 22, 2018 

Daniel Anderson of Derby, Kansas, was working at his job in a warehouse on February 9, 2016, when his pocket containing a lithium-ion battery “suddenly and without warning exploded and caught on fire.”

“Nobody thinks twice about putting a battery in their pocket… that’s the first place it’s going to go,” said Mr. Anderson’s lawyer, Dustin DeVaughn.

According to the lawsuit filed by Mr. DeVaughn, his client bought the battery from Big E’s Vapor Shop on February 6, 2016, to use as a backup for his e-cigarette device. He was carrying the battery in his pocket together with car keys and change when the explosion happened.

“It ignites like a bomb,” Mr. DeVaughn said.

The lawsuit states the cause of the explosion was ‘thermal runaway,’ a destructive phenomenon which occurred after “an external short (on the battery) that resulted from contact with metallic objects.” The battery Mr. Anderson bought from Big E’s Vapor Shop “had no warnings or instructions concerning the risk of explosion or fire if the battery came into contact with conductive objects.”

“There are many other consumers out there that have been very severely injured just like him. Although Daniel was able to get the fire out, he suffered second and third-degree chemical and thermal burns to his left leg from thigh to the shin, and second-degree burns to his fingertips and hands,” said Mr. DeVaughn. In addition to other medical procedures, Mr. Anderson required skin grafts. He was out of work for 16 weeks, losing over $13,000 in wages and incurring medical bills in excess of $109,000.

“The burn to my leg has changed my life. I can no longer physically function the way I used to.” Mr. Anderson is seeking damages in excess of $75,000 from Big E’s Vapor Shop and the battery’s distributor, Oklahoma-based VapeUSA Corp.

According to K.M. Abraham, a pioneer of the Li-ion battery and a professor at Northeastern University, “the failure rate for lithium-ion batteries is less than one in a million.” The FDA recommends keeping loose batteries inside a case to prevent them from coming into contact with metal objects and short-circuiting.

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Senior Home Charged For the Death of Two Elderly Clients

Posted by David Brown 
· March 20, 2018 

Two separate lawsuits were filed at the San Mateo County Superior Court by families of two clients who fell on February 6th, 2017 and October 13th, 2017 in the Foster City Senior Facility arguing that it was not properly staffed. They claim lack of adequate trained staff at the facility led to the death of their relatives namely, Eleanor Abrahams, 96 and Dorothy Fraser, 88.

Kathryn A. Stebner, the attorney who is representing both families in the lawsuit, said, “These cases are indicative of the problems in assisted living facilities in California where there is inadequate staff to meet the needs of the residence.”

She further states that it is unusual for her firm to file two cases against the same institution at once.

“I don’t know that it ever happened,” she stated.

Stebner continues to comment that an administrator at the home told Fraser’s daughters the institution was understaffed.

Stebner said, “Staffing is the most expensive line item in any budget so that where the long-term care facilities make the budget cut and that’s why people die in nursing homes and assisted living facilities.”

In an email, Mike Mejia, Atria Senior Living Vice President for the West Operations, said ensuring the safety and health of the residents is a top priority. Atria Foster has assisted living homes in 27 states around the country and operates 37 senior living homes which serve over 4000 families in California alone. He further insisted on the commitment of the foster home to look into the allegations raised by the two families.

Foster and Abrams were taken into Atria with the knowledge that they had a history of falling and were at a very high risk of falling and would require high monitoring and urgent attention.

The suit filed by Fraser family states that Dorothy fell for the first time in 14th September 2017 after having lunch and the second time while she was having a shower in the bathroom and was left unattended. While Abraham’s family claim that Eleanor fell multiple times and the fourth time which was on January 23rd, 2017 where she was diagnosed with a left femoral neck fracture is when she succumbed to her injuries.

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Young boy awarded in a suit against Athletic Association and Borough

Posted by David Brown 
· March 15, 2018 

Zachary Hoffman, a fourteen-year-old boy who suffered a permanent head damage while he was in a youngster’s league game only a day before he celebrates his 12th birthday, was awarded a $1.7-million dollar settlement. The suit was placed against two Athletic Associations and a borough. Zachary received the settlement after a foul ball hit him while he was in a dugout at Chadwick field in Sewickley on April 13th, 2015 leaving him with long-term brain damage.

The incident spurred a debate on whether the playground for children is safe anymore. The incident brings the memory of the 4-year-old who was shot in the head in a Bronx playground in 2012.

Zachary was seated in the bunker at the first base watching his friends bat when the ball passed through an opening in the fence (between where the bunker begins and backstop ends) and struck him on the left side of the head. Zachary sustained a head injury, had a fractured skull and was bleeding intensely in his brain which caused permanent brain damage. In a lawsuit filed on March 2016, Zachary had to change schools and could not attend school on a daily basis due to the symptoms.

“He woke up a different person, his personality totally changed.” Alan Perer said.

Alan Perer, Zachary’s attorney according to the Little League safety the dugout should be properly protected by a fence at all fields across the country. An Allegheny County jury found Sewickley borough and Quaker Valley and the Avonworth Athletic Associations culpable for the injuries sustained by Zachary as a result of not putting in place safety measures. One week after Zachary’s incident the dugout was fenced.

“They knew about it and nobody did anything about it” Mr. Perer told the Jury.

“Everyone at Little League International is heartbroken when we learn of injuries like this and, sadly, this injury did occur within a little league program.” this is a statement issued by Little League spokesman Kevin Fountain.”Because the local program does not carry the insurance cover offered by Little League International, which requires reporting injuries and/or accidents, we were unaware of this unfortunate incident prior to today. Our thoughts are with the boy and his family.” He concluded.

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