Articles Posted in Wrongful Death

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Insurance%20contract%20documents%20liability%20stacked%20papers.jpgIn 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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By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In New York, a son and family are mourning the loss of a father who died after being hit by a car driven by an angry man. Fox News reported that a 36 year old man got into a fight with his wife and then left the Chuck E. Cheese parking lot. This man erratically drove through the parking lot and streets of New York, hit several cars, and ran over the father who pushed his son away to save his life. The driver was later arrested. Anger and distraction can produce devastating results when driving. It is a tragedy for the family of the man mowed down by the angry driver. You can read about this story at Father Dies Trying to Save His Son From Angry New York Driver.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20South%20Carolina.jpgSpartanburg, 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.

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By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Madeline Kara Neumann died at the tender age of 11 years old in Wisconsin. Madeline had an undiagnosed and untreated condition – diabetes. With proper treatment, Madeline could have and would have lived a long and full life. Unfortunately, Madeline was deprived of the medical care that she so desperately needed. Madeline’s death and the criminal prosection of her parents Leilani Neumann and Dale Neumann has raised the debate of religion versus healthcare – what is in the best interest of the child? Yes, we have freedom of religion in this country; however, the best interests of a child must be considered when weighing healthcare decisions versus religious preferences of the parents. This is especially true when a child’s life has been lost. The Neumann’s believed that their daughter’s illness was a test of faith or a challenge to her spirituality. Unfortunately and tragically for Madeline, no amount of prayer or faith healing was going to medically treat her diabetes. Medical science has made great advances in the diagnosis and treatment of diabetes over the years. This is a proven fact. While prayer does have a place in society and is important to so many families like the Neumanns, the needs and best interests of the child must be considered. A jury will ultimately decide the fate of the Neumanns. You can read more about this story at District Attorney – Girl Whose Parents Prayed to Defeat Illness – Suffered a Needless Death.

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By Stephanie F. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

alcohol%20vodka%20bottles.jpgWhen 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.”

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Ducketts Common, in North Green, North London (England / United Kingdom), a two year old boy (Erjon Hyseni) died when he was hit by a roller coaster ride called the “Go Gator” at the Funfair. Fair organizers reported that the boy got off of an inflatable ride and then ran over onto the tracks of the Go Gator ride. Barriers should have been in place and an investigation will be conducted to determine how, when and why the child was able to walk onto the tracks. While parents are responsible for the supervision of their children, fairs and theme parks purposely attract and invite small children for the attractions, rides, and events. As such, safety precautions like protective barriers and fences should be in place to prevent these kind of incidents. Children will run around at fairs and theme parks. As such, this kind of incident is foreseeable and in many instances preventable. You can read more about this story at Funfair Death – Boy Struck by Rollercoaster.

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By J. Rock Palermo, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Louisiana.jpgIn 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:

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By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The family, school, and community of Morgan Johnson are in mourning over her untimely and tragic death. She was only 6 years old at the time of the Georgia automobile accident. Her family affectionately called her “The Princess”. She was a kind and caring little girl who was loved by many. It has been an especially difficult time for her family, her church (Faith Church International in East Point), and her school (Southwest Atlanta Christian Academy). The death of a child of such a young age is not natural and certainly unexpected. Hopefully, the family will continue to have the support of friends, community, and church to help them get through these very sad times. You can read more about Morgan Johnson and her funeral service at Funeral Held for 6 Year Old Georgia Crash Victim (Morgan Johnson).

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By Jay Foster, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Mississippi.jpgA 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.

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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

household%20bed%20injury%20death%20child.jpgIn 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.

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