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By Jay Foster, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20school%20bus%20with%20big%20black%20front%20mirrors.jpgIn Shaw Mississippi, it was reported that a 10 year old girl lost her life and at least 10 people were injured in an accident involving a school bus and a tractor trailer. It was reported that the truck driver informed the Mississippi Department of Public Safety that he saw the but and hit his brakes but he was unable to avoid the crash. According to investigating authorities, the bus had stopped at a stop sign and then attempted to turn on to U.S. Highway 61 when the bus / truck accident took place. A full investigation will be conducted to determine the cause, fault, and preventability of this accident. Fog and weather may have played a role in the accident. It is clear that the 10 year old victim and the other non-driving victims did nothing wrong and cannot be held liable for their respective injuries. Fault will be assessed against one or both of the drivers. An investigation will be completed by State and local officials. In addition, the victims will have the right to hire legal counsel to review the investigation and to gather additional information and statements to pursue a prospective civil case for the injuries sustained in this most unfortunate bus / trucking accident. Any time that there is a child injury in Mississippi or worse a child death – it can be quite difficult for the parents, family, friends, and community to handle. Unfortunately, the hands of time cannot be turned back to prevent the accident or the injuries that resulted from it. See School Bus, Tractor Trailer Involved in Crash.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

scales%20of%20justice.jpgA recent court ruling may make it easier for victims of child pornography to receive restitution from those convicted of possessing child pornographic images. The 5th U.S. Circuit Court of Appeals ruled that federal restitution law generally does not require victims to detail how an individual defendant harmed them in order to get compensation, a ruling different from previous court holdings. However, legal experts are saying that the issue will probably end up having to be answered by the U.S. Supreme Court because of the disagreement among courts. In the Texas case, a woman sought compensation from an East Texas man who was previously convicted of possession images of child pornography. If you would like to read more see Federal Appellate Court ruling may make it easier for victims of child pornography to receive restitution.

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By Robert Chaiken, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20Texas.jpgJessica Tata, the former owner of a residential day care center in Houston, Texas, turned herself in to officials after she fled to Nigeria for her involvement in the death of 4 children while under her care. Tata’s residential day care caught fire sometime last month, killing 4 children under her care. Tata allegedly fled to Nigeria two days after the fire broke out. Charges were pressed against her the day after she fled from Texas. Tata was on the run for 20 days, during that time she was placed on the U.S. Marshal’s 15 most wanted fugitive list. She traveled with Nigerian officials to Lagos, where U.S. authorities met her. It is believed that Tata’s family played a role in her surrender. Tata faces four counts of manslaughter as well as multiple charges of injury to a child and 3 counts of abandoning a child. For more information on Tata’s surrender read Former Houston, Texas, day care operator, Jessica Tata, surrenders after fleeing to Nigeria.

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

cyber%20crime.jpgDue to the high-profile cases of Jessica Lunsford, Carlie Brucia and Sarah Lunde, the Florida Legislature expanded the Jacksonville-based Child Predator CyberCrime Unit 10-fold, which included adding a wide array of detectives, prosecutors and victim advocates. The unit had five offices statewide and made hundreds of arrests. The unit became so noteworthy that its director made an appearance on “Oprah,” and was held out as a model for cracking down on sexual predators who use the Internet in their abusive acts. Although the unit appears to be one of the state’s valuable resources, it was not prevented from falling victim to Gov. Rick Scott’s vigorous budget cuts. The program’s staff was dramatically decreased from a 34-person staff to just 15 and were moved to the Florida Department of Law Enforcement. The proposed plan is to keep only 6 out of the 15 investigators statewide. Critics of the cutbacks are concerned that the FDLE will not have the resources to implement the labor-intensive online investigations the unit’s staff is use to conducting. For more details and criticisms read Gov. Rick Scott cuts back Florida CyberCrime Unit.

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By Robert Fernicola, Attorney, Steven Smith, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

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The driver’s license of a man who was driving a New York tour bus has been suspended after the bus he was driving rolled over and killed 15 of its passengers. The driver has been identified as 40-year-old Ophadel Williams. Information from the New York Department of Motor Vehicles has been turned over to the New York State Police and the State Inspector General regarding evidence of alleged false statements given by Williams. According to Howard Glaser, the governor’s director of state operations, the information referred to for investigation includes driver license application containing false statements about the status of his license. Williams told police the incident occurred after he swerved to dodge a tractor-trailer that might have clipped the bus, which caused the bus to flip on its side and smash into poles. In light of Williams’ criminal record and driving history, an immediate investigation was prompted. About 20 years ago, Williams reportedly fatally stabbed a man. He was convicted of manslaughter and served 3 of the 9 years he was sentenced, from 1992-1994. Williams was later convicted of grand larceny, he spend parts of the years between 1998-2002 behind bars. The tour bus had left the Mohegan Sun Resort and Casino in Uncasville Connecticut, and was bound for Chinatown in Manhattan. Of the 31 passengers aboard, 15 were killed in the incident and 7 sustained severe personal injuries. Williams suffered non-life-threatening injuries and has not been charged. For more on this story read Bronx tour bus driver’s license suspended after bus crashes and kills 15 passengers, 7 more suffer severe personal injuries.

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By Joni J. Franklin, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20Kansas.jpgThe license of a home-operated day care center has been suspended after a 17-month-old died in the provider’s care. It was a playpen-related death. The reasons for the suspension were lack of adequate supervision and use of sound judgment by the provider. Police Lt. Ken Landwehr said the initial investigation indicated the toddler apparently got “caught up” at the top of the playpen while attempting to climb out, which probably led to asphyxiation. However, police are expecting an exact cause of death after reviewing the autopsy results. The day care provider found the toddler unresponsive and called emergency crews, who pronounced the toddler dead shortly after their arrival. An emergency order of suspension was issued by the Kansas Department of Health and Environment. The order identified the home operated day care center and Amys Lil Angels and the day care operator by Amy Shannon Waner.

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other States, boating can be a fun activity for family and friends. Boating can also be a dangerous activity and even a deadly one when a boat capsizes. Because of these dangers and others, it is important to have safety precautions in place including but not limited to life jackets, life preservers, inflatable boats (room permitting and when available), first aid training, and captain / operator training. Near San Diego, California, it was reported that a sailboat capsized leading to the dead of two men and injuries to several other people who were in the boat. The incident took place in San Diego Bay. THe United States Coast Guard, harbor police, firefighters, and paramedics responded to the rescue and post rescue efforts. See Two Dead – 8 Injured – Sailboat Sinks off of San Diego, California.

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By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Do bicycle helmets make a difference? Should a child wear a bicycle helmet every time that he or she rides a bicycle? Is the price of a bicycle helmet worth it? Should every parent or child care provider make sure that a child wears a bicycle helmet? The answer to all of these questions is YES. A bicycle helmet is an important safety measure that should be used every time that a child gets on a bicycle whether it is for a simple ride in the neighborhood or a longer bicycle ride. In Maricopa, Arizona, officials with the fire department reported that a boy was airlifted to a local hospital after suffering a bicycle riding related accident. The boy was knocked unconscious as a result of the incident. It was reported that the boy fell off of his bicycle to avoid hitting a van. A spokesperson with the Maricopa Arizona Fire Department reported that the boy avoided more serious personal injuries and more serious head injuries because the boy was wearing a helmet. See Maricopa Arizona Fire Department – Bicycle Helmet Saves Boy from Serious Personal Injuries Resulting from Bicycle Helmet.

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In California and other States, some people just think that clowns are creepy. Of course, there are a great many of people who think clowns are great and a source of wonderful entertainment and fun for children of all ages. Unfortunately, there are some clowns who break the law and give the profession of clowning a bad name. Many people use a position of trust or access to children to harm them. In Newport, California, it was recently reported that a party clown who worked under the name of “Tin Larin” was arrested in connection with an alleged rape of a 12 year old girl in 2002. DNA evidence was collected and catalogued after the incident. The clown at issue – Jose Guadalupe Jimenez – was subject to another investigation in which his DNA was collected. Mr. Jimenez is accused of kidnapping the girl and taking her to a school parking lot where he allegedly raped her. He then reportedly took the same girl to a motel where he molested the victim again. The girl was able to escape and later reported to authorities that she was attacked by a Hispanic male who was wearing clown make up and a mask. The science of DNA was the key to the puzzle of this unsolved crime of so many years ago. Jimenez probably thought that he got away with this crime and continued to work as a clown fro the past 9 years. See Clown Arrested in 2002 Rape in Newport, California.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20California.jpgA Southern California couple is being tried for sexually abusing children at their residential day care center in San Diego. The San Diego Union-Tribune reported that 59-year-old Mark Kaczmarczyk was convicted by a jury of felony child abuse and lewd conduct on a child. He faces up to 10 years in prison. Prosecutors argued that, in 2007, Kaczmarczyk sexually molested a 2-year-old girl at his home-operated day care center in Mission Valley. Kaczmarczyk’s 45-year-old wife, Anita, was also convicted of child abuse involving the same 2-year-old female victim and another 2-year-old boy.

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