Brayden Cooper-Douglas, then 12-years-old, died while riding the Hoosier Hurricane, a roller coaster at Indiana Beach. Shaeley Cooper and Matthew Douglas, Brayden's parents, filed suit against Apex Parks Groups, which owns Indiana Beach, and claimed Indiana Beach had a duty "to use ordinary care and diligence to keep and maintain said premises in a condition reasonably safe for its intended uses and free from all defects and conditions which would render the premises dangerous and unsafe." The lawsuit goes on to claim that "negligence of the defendant was the proximate cause of the fatal injuries."
August 2019 Archives
Suit Filed After Boy Dies on Roller Coaster
Volkswagen Recalls Vehicles that Could Roll Away
In its latest set of vehicle recalls, Volkswagen is recalling approximately 679,000 cars in the United States to address a product defect that could let the cars roll away unexpectedly. The recall is expected to begin October 11, 2019.
Workers Suffer Second- and Third- Degree Burns After Santa Fe, Texas Gas Line Explosion
On June 6, 2019, a natural gas line exploded in Santa Fe, Texas. The explosion, which occurred in the middle of a densely populated residential area, sent a wall of fire several feet high into the air.
Roofer's Family Says Unsafe Working Conditions Caused Death
Hot weather can be fatal when companies don't provide their employees enough training, supervision, or equipment for the conditions.
Roller Coaster Death - Parents of Deceased 12-Year-Old File Suit
On June 27, 2019, a 12-year old boy died while riding a roller coaster called the "Hoosier Hurricane" in Indiana Beach, Indiana. The young boy was attended to by medical personnel on the ride but died later that afternoon. The actual cause of death is still unknown as the young boy's autopsy revealed "no trauma, injury, congenital abnormalities, or toxins." The White County Sherriff, Bill Brooks, stated that young boy's medical history is unremarkable, and the only illness or injury of any significance was a recent upper respiratory infection. However, others who have ridden the same roller coaster reported having been shocked when getting off the ride, giving authorities a lead as to a possible cause of death. The parents of the young boy have filed a wrongful death lawsuit.
Hazardous Employment: Construction
Elevated risk of injury, or even death, is expected in certain industries. However, at what point do you say, "Enough is enough." According to the Occupational Safety and Health Administration (OSHA), 971 construction deaths occurred in 2017. The majority of fatalities resulted from a worker falling during the course and scope of his employment.
TXDOT To Commit $600 Million To Reducing Roadway Deaths
Texas typically has around 3,900 roadway fatalities annually and the Houston region leads the nation's major metro areas in avoidable roadway deaths. In 2019, there were 1,857 roadway fatalities in the first six months of the year, which is about 50 less than last year. However, the Texas Transportation Commission recently ordered officials from the Texas Department of Transportation to identify strategies to cut the state's roadway fatalities in half by 2035.
Shopper Injured After Slip and Fall Accident in HEB Store
On July 3, 2019, a Galveston County resident filed a complaint against HEB Grocery Company, LP ("HEB") in a Galveston County district court, alleging injuries sustained as a result of slip and fall on the supermarket's premises.
Know The Risks: Top Four Construction Site Hazards
$6.34 Million Verdict for Family of Girl Murdered in Houston Apartment Complex
A jury awarded a family $6.34 million in a premises liability lawsuit against an apartment complex in Houston, Texas. Testimony revealed that two men, tortured, raped, murdered, and discarded the body of a 15-year-old girl in an abandoned Clear Lake apartment complex. The men were convicted of capital murder and a successful lawsuit was brought by the girl's family and her attorneys against the apartment complex.
Victims of 18-Wheeler Wreck Awarded Over $44 Million in Lawsuit Against Stallion Production Services
On March 30, 2017, a Stallion Production Services 18-wheeler caused a rollover accident, severely injuring Lloyd Kulik and Atreyu Muniz. On the evening in question, Kulik and Muniz were attempting to legally pass the Stallion 18-wheeler on F.M. Road 108. While Kulik was in the passing lane, the 18-wheeler driver began to pull into the passing lane as well in an attempt to make a left turn. Kulik and the 18-wheeler collided in the passing lane, causing Kulik's vehicle to flip. Kulik suffered a burst fracture in his cervical spine, which rendered him a quadriplegic, and Muniz suffered a traumatic brain injury. Both of the victims will endure the effects of their injuries for the rest of their lives.
Study Reports Older Drivers More Likely to Be Distracted by In-Vehicle Technology
According to a recent report issued by the AAA Foundation for Traffic Safety and the University of Utah, older drivers are more likely to be distracted while driving when using in-vehicle technology than younger drivers. For purposes of the study, in-vehicle technology or infotainment systems were classified as the collection of features in a vehicle that allow a driver to complete tasks unrelated to driving while operating their vehicle. The study involved 128 participants categorized into one of two groups: younger drivers, between 21-36 years of age, and older drivers, between 55-75 years of age. Participants were asked to complete tasks such as changing the radio station, song selection, calling and dialing phone numbers, texting, and plotting navigation using in-vehicle information systems while driving six 2018 vehicles including Audi, Cadillac, Lincoln, Mazda, Nissan, and Volvo models. According to researchers, older drivers took their eyes off the road for an average of eight seconds more than younger drivers while completing the tasks. Researchers also noted that older drivers responded more slowly to system commands and experienced visual distractions.
Jury Awards $44 Million Verdict to Family Members of Worker Who Died in Refinery Accident
In September 2018, a Jefferson County jury awarded $44 million to surviving family members of Miguel Barron.
Do Self-Driving Features Make Driving More Dangerous?
People Get Hurt When Restaurants and Bars Overserve Alcohol
Adults who drink alcohol are supposed to moderate how much they drink before they go out and drive. Unfortunately, that isn't always the case. People who drink too much and drive can be held accountable if they hurt or injure someone else. But what about the bars and restaurants that purposely over serve to get better sales and tips? There are laws in place for those establishments that abuse alcohol sales and endanger the lives of other people.
Jury Awards Over $44 Million in 18-Wheeler Accident
On March 30, 2017, a Stallion Production Services 18-wheeler driven by Rodney Simmons collided with a Dodge pickup, which caused a rollover accident and catastrophic injuries. Lloyd Kulik and Atreyu Muniz were in the pickup. At the time of the accident, Mr. Simmons had been working for Stallion for approximately two weeks. He was taking a tanker of wastewater to a disposal pond around 11:30 p.m.
Lack of Protocol Leads to the Fatal Blood Transfusion of a 23-Year-Old Patient
On December 8, 2018, a 23-year-old leukemia patient died, two days after receiving a transfusion tainted with a bacterial infection at the MD Anderson Cancer Center in Houston, Texas due to the uncovering of systematic safety lapses. The patient had a history of acute lymphoblastic leukemia and her complications included viral-induced bladder inflammation and the placement of a tube that allows direct drainage from the kidney, so she needed daily blood transfusions. Unfortunately, it was unbeknownst to the medical staff that the infusion the patient received one day was contaminated with a harmful human pathogen called Serratia Marcescens, which is rarely found in blood transfusions.
Confidential Settlement Secured for Construction Worker Run Over by Truck at a Construction Site
Firm attorneys Benny Agosto, Jr. and Jonathan Sneed have reached a confidential settlement against Gilbane Building Company, Sunstate Equipment Company, LLC., and Derik Ben Matejka, regarding a construction accident that occurred on July 26, 2016. The settlement agreement brings about a positive conclusion to the lawsuit seeking compensation for severe and permanent injuries Benjamin Portillo suffered after he was run over by a 9,000-pound truck at a Texas A&M University construction site.
New Wave of Lawsuits Against Austin-Based Scooter Companies
Since early 2018, Austin and other cities across the country have seen an increase in the number of electronic scooters on city streets. The increasing popularity of electronic scooters has led to a growing number of electronic scooter-related injuries. Now, in the span of just six days, at least eight lawsuits were filed against electronic scooter companies by individuals who claim they were injured while riding an electronic scooter in the city of Austin. The defendants include Bird, Lime, and Jump, some of the best known electronic scooter companies in the United States.
Toxic Air
On the early morning of June 21st, 2019, an explosion occurred at Philadelphia Energy Solutions, an oil refining complex in the southwest part of the city. A large fireball filled the night sky. The fire continued to burn until daybreak. A deputy fire commissioner with the Philadelphia Fire Department discovered a fire stemming from a vat of butane, a colorless gas that is highly flammable. About 120 employees from the Philadelphia Fire Department responded to the explosion and worked with firefighters from the facility to put out the flame. By 7 a.m. the shelter-in-place order had been lifted, but commuters were still advised to avoid the area.
Lawsuits Filed Following Explosion at Exxon Mobil Plant in Baytown, Texas
Late Wednesday morning, multiple explosions at Exxon Mobil's Olefins Plant in Baytown, Texas caused parts of the facility to erupt into flames.
Texas Now Has the Highest Rate of Workplace Fatalities in the United States, as Deaths on the Job Continue to Occur at a Disturbingly High Rate
In Texas, a worker dies at his or her workplace every day. In 2017, a worker in Texas died on the job on average every sixteen hours. These workers died as a result of electrocution, asphyxiation, falls, exposure to toxins, equipment malfunctions, heatstroke, and automobile collisions. Further, in that same year, the workplace death toll was greater than the number of murders in Houston, Dallas, Ft. Worth, and Austin combined, making 2017 the most dangerous year for workers in Texas in two decades.
