Archive for October, 2009

Safety Tips for Parents of Trick-Or-Treaters

Saturday, October 31st, 2009

trick or treaters safety tips 240x300 Safety Tips for Parents of Trick Or TreatersOne of the most highly anticipated days for most children is Halloween — the opportunity to go trick-or-treating with their friends and binge on candy.  Our Chicago personal injury attorneys want to ensure this is a safe Halloween for you and your family.  According to the National Highway Traffic Safety Administration (NHTSA), Halloween is ranked among the top three days of the year for pedestrian injuries, including injuries to children trick-or-treaters.  The Detroit Free Press published several tips parents can follow to ensure their children have a fun, and safe Halloween, and we have added a few of our own:

  • Go with your child.  The most effective way to ensure your children will be safe is having an adult there to monitor the children.  If you cannot go with them, see if another adult in their group can go.
  • Make sure your child can see!  When children are out trick-or-treating, they need to be able to see when crossing streets to prevent serious pedestrian-car accidents.  Many costumes marketed to children include masks that actually obstruct the child’s vision.  If your son really wants that “Wolverine” costume, and the mask blocks his vision, do you really think he’s going to tell you?  Parents need to make sure your child has complete peripheral vision in their costumes.  Rather than a mask, parents are recommended using makeup for your child’s face, which will ensure maximum visibility.  If you do chose a mask, make sure it is not too large or does not slip down in front of your child’s eyes.
  • Make sure your son or daughter can walk freely with his or her costume.  Your children are going to be running from house to house in their costume — make sure it fits, and doesn’t have any dangling articles of clothing, that may cause them to trip and fall.
  • Wear reflective clothing.  If your children are trick-or-treating after dark, make sure they have reflective clothing, or carry glow sticks or flash lights, to ensure they can be seen by those driving the roadways.
  • Communicate with your children.  If you are not going with them, make sure you know the neighborhood they are trick-or-treating in, know the route they are traveling, make sure someone in their group has a cell phone, and have a set time in which they must return home.  Make sure they know to cross the street only at crosswalks, to look both ways before crossing the street, and to use the sidewalk while walking down streets.
  • Sort through their candy.  There are many types of candy that pose choking hazards, and parents should remove such candy given you’re child’s age.  Also, parents should remove any candy that is “homemade”, unwrapped, or looks tampered or otherwise suspect.
  • Make sure your child knows not to enter a home without a trusted adult.  Otherwise, they should stay outside.
  • Make sure child’s costume is flame resistant, and tell children to stay away from candles or other open flames.

Most of all, have fun!  We hope you and your family have a safe and wonderful Halloween.  For a free consultation with a top-rated Chicago personal injury lawyer at Passen Law Group, call (312) 527-4500 for a free consultation.

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No Expert Testimony Required for Negligent Infliction of Emotional Distress

Friday, October 30th, 2009

IL negligent infliction emotional distress 300x225 No Expert Testimony Required for Negligent Infliction of Emotional DistressThe Illinois Supreme Court has made it easier for personal injury lawyers and their clients to prove a claim for negligent infliction of emotional distress.  In Thornton v. Garcini, 2009 WL 3471065, No. 107028  (Ill. Oct. 29, 2009), the Supreme Court held that “expert testimony is not required to support a claim for negligent infliction of emotional distress.”

Toni Thornton, individually and on behalf of the estate of her deceased infant son, brought a medical malpractice and wrongful death action against Silver Cross Hospital, her son’s obstetrician, and individual nurses relating to her baby’s death caused by delay in birth.  Plaintiff’s son was born prematurely in a breech position at approximate gestational age of 24 weeks.  During delivery, her son’s head became stuck in his mother’s vagina, with the rest of his body outside the vagina.  Her son died when the nurses at Silver Cross Hospital were unable to complete the delivery, and the defendant obstetrician did not arrive at the hospital for 70 minutes.

Plaintiff also included an individual count against the defendants for negligent infliction of emotional distress, claiming that she suffered severe emotional distress as a result of the delivery.  During the second trial against the defendant obstetrician only — plaintiff was granted a new trial because of errors in the first trial — the defendant doctor testified that after being informed of the partial delivery, he “took a shower” before going to the hospital, and plaintiff “waited over an hour, with the deceased infant partially delivered, until defendant arrived to complete the delivery.”

Plaintiff testified that she suffered severe emotional pain from this incident.  Specifically, she stated that she was “depressed, and could not eat, or sleep” as she waited for 70 minutes with her baby partially delivered.  She also testified that she has “thoughts of suicide” and is “always reminded of that hour and ten minutes that I sat there with him.”  The infant’s father and plaintiff’s mother also testified to the effect the death had on the plaintiff.

However, no expert testimony was presented on plaintiff’s claims for emotional distress.  The jury found in favor of the defendant on the wrongful death and survival claims, but found in favor of the plaintiff on the negligent infliction of emotional distress claim, and awarded plaintiff $700,000 in damages.

The defendant appealed the verdict, arguing that the plaintiff was required to prove that her emotional distress was caused by the delay in delivering her son through expert witness testimony.  The Illinois Supreme Court disagreed.

The Court found that the “existence or nonexistence of medical testimony [concerning emotional distress damages] goes to the weight of the evidence but does not prevent this issue from being submitted to the jury.”  In other words, the Court held that “expert testimony, while it may assist the jury, is not required to support a claim for negligent infliction of emotional distress.”

For a free consultation with one of our top-rated Chicago personal injury and wrongful death attorneys, call Passen Law Group at (312) 527-4500.

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‘Driver Distraction’ Cause of Northwest Flight Error

Thursday, October 29th, 2009

Northwest pilot error lawyer 300x246 Driver Distraction Cause of Northwest Flight ErrorMany news stories, studies and pending legislation have been devoted to serious car or trucking accidents caused by distracted drivers — operating a motor vehicle while engaged in other activities, such as texting or talking on a cell phone — but it seems such distraction is not limited to ground transportation.  According to recent reports from the National Transportation Safety Board, pilot distraction caused a Northwest Airline to lose radio communication for about one hour, and caused the airplane to land in the wrong airport.  The good news is no one was seriously inured or killed as a result of their negligence; the bad news is pilot distraction may be more common than one would think.

The NTSB reported that the two Northwest Airline pilots who recently “overshot” the Minneapolis airport by about 150 miles were distracted while using their own personal laptops while in the cockpit, contrary to airline regulations.   The pilots were out of contact with air traffic controllers for more than an hour, causing National Guard jets to be scrambled and White House officials alerted to the situation.  The two pilots’ licenses have been revoked while an investigation continues.

The only good news in this story is that no one was seriously injured or killed as a result of the pilot’s negligence.  Aviation accidents can be catastrophic, causing life-long injuries or death.  An experienced aviation accident attorney has a thorough understanding of not only industry practices, but specific state and federal rules that govern the safe operation of a plane.  For a free consultation with one of Passen Law Group’s top personal injury lawyers, call as at (312) 527-4500.

Delta Air Lines, who operates Northwest Airlines,  has a policy stating that “using laptops or engaging in activity unrelated to the pilots’ command of the aircraft during flight is strictly against the airline’s flight deck policies,” and that any violation of that policy is grounds for termination.  The article also points out that there are no federal rules prohibiting the use of personal laptops and other devices in the cockpit “as long as the plane is flying above 10,000 feet.”

The reason for limiting the passengers’ use of what the Federal Aviation Administration calls “personal electronic devices” or PEDs, was initially due to interference with airline communication and navigation equipment, creating dangerous conditions for pilots, crew and passengers. This rule was AC 91-21.1A, which was canceled in October 2000 and replaced with AC 91-21.1B in August of 2006.

The new rule allows for the use of accepted PEDs once the plane has reached cruising altitude. What is considered “acceptable” PEDs is still determined by the airline, not the government. However, all PEDs are to be turned off and stowed during take off and landing. The FAA identified potential personal injuries to passengers “as well as is the possibility of missing significant safety announcements during important phases of flight.“

This story highlights how “driver distraction” is not exclusive to land transportation.  Especially in mass public transportation such as bus, train, and airline transport, driver attention is paramount to avoid catastrophic accidents.  Indeed, in sophisticated aviation transportation, there is no excuse for what happened on this Northwest flight.  Hopefully, this story is a wake-up call to all pilots not to take their job and duty to the public for granted.

To speak with one of our Chicago accident attorneys, call Passen Law Group at (312) 527-4500 for a free consultation.

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