Family Settles Wrongful Death Lawsuit with 2 Nursing Homes
After nearly a full week of trial, a Missoula family and two nursing homes settled a wrongful death case out of court this week, coming to terms that were “agreeable to all parties,” according to a statement from attorneys in the case.
All matters against the nursing homes have been dismissed, though neither party can disclose the settlement amount because those terms are confidential.
Paul Teagle, a spokesman for both Riverside Health Care Center and the Village Health Care Center, the two nursing homes involved in the lawsuit, said in a statement that he was pleased with the settlement agreement.
“We are pleased we could reach an agreement with the Seewald family and appreciate the overwhelming support received from our staff, residents and their families,” Teagle said. “We place our residents at the center of everything we do, and are sympathetic to the family for their loss of a loved one.”
Family members of the late Ralph Seewald alleged that the nursing homes acted negligently when they failed to provide adequate health care for the 87-year-old man, who died in November 2005 of a blood infection. Seewald fell and fractured his neck during a transfer from his wheelchair, an accident that left him bedridden; he then developed severe pressure ulcers that worsened over a period of months, and led to a fatal case of gangrene in his leg.
Both the wheelchair transfer and the treatment of his bedsores were inadequate, the lawsuit alleged, and fell outside the standard of care promised to the family.
Following the settlement, Roger Seewald, the personal representative of his father’s estate, expressed satisfaction with the agreement. Seewald also expressed his appreciation for all the support his family received throughout this process.
The lawsuit, filed in Missoula District Court, named as defendants: Riverside Health Care Center; Village Health Care Center; the Goodman Group, which is the parent company that operates both Missoula nursing homes; and Dr. Raymond Howard, the physician assigned to oversee Seewald’s care.
The Seewald family sought relief for negligence, medical malpractice, wrongful death, deceit, breach of contract, fraud and others. Through the lawsuit, the family sought compensation for pain and suffering, mental anguish, severe emotional distress, grief, sorrow, medical and funeral expenses, loss of companionship, and other damages caused by the defendants’ alleged negligence. The family also sought punitive damages.
Rob Kornfeld is an Everett Wrongful Death Attorney who handles wrongful death claims in the areas of medical malpractice, construction, maritime, motor vehicle collisions, nursing home and other areas where a wrongful death is caused by another’s negligence.
Rob is happy to discuss your case with you and your family. Email Rob at Rob@Kornfeldlaw.com or call 1 (800) 282-4878 to discuss your situation in the utmost of privacy and sensitivity or to schedule a free consultation or case evaluation over the telephone, by e-mail or in person at a convenient location for you, either at our main office, a satellite meeting location, in your home or at the hospital.
DUI Suspected in Fatal Everett Car Wreck
Police believe an intoxicated woman driving the wrong direction on Broadway caused a head-on crash Friday that killed two people and left two others with serious injuries.
The accident happened about 9:30 p.m. in the southbound lanes of Broadway at 41st Street.
Police arrested a woman for investigation of vehicular homicide, drunken driving and vehicular assault, Everett police Sgt. Robert Goetz said.
She was at the wheel of a Nissan Xterra sport utility vehicle when it crashed head-on into a Nissan SX two-door coupe that was carrying four people.
Police believe the woman in the SUV was driving northbound in the southbound lanes of Broadway when the wreck occurred, Goetz said. She apparently was unharmed in the crash.
A woman who was driving the car that the SUV struck died at the scene, as did one of her passengers, a man, Goetz said. Two other passengers, both men, remained hospitalized Saturday with serious injuries, Goetz said.
A passenger in the SUV was treated for injuries that were not believed to be life-threatening.
The names and ages of those involved in the accident were not available Saturday.
The southbound freeway entrance to I-5 remained closed for several hours Friday night as detectives gathered evidence.
Impaired driving is the leading cause of traffic deaths in the state, according to the Washington State Traffic Safety Commission. More than a third of fatal crashes that occurred in Snohomish County last year involved drinking and driving, the commission’s data shows.
Last year’s toll includes two Clearview couples killed by a drunken driver on Nov. 29 while they were driving on Highway 9 in Marysville.
Friday’s crash is another tragic reminder that drinking and driving can have horrific consequences, Washington State Patrol trooper Keith Leary said.
“That’s why we are out there every day, trying to get impaired drivers off the road,” he said.
As part of a statewide effort to eliminate traffic deaths, the patrol uses marked and unmarked patrols cars and helicopters to look for impaired drivers on state roads.
If you or a family member has been injured or like in this case worse it can be a tough time. Financial compensation may be the last thing on your mind when you are severely hurt or you have lost a loved one, but time is of essence to pursue any personal injury or wrongful death claim. Learn more from Everett Personal Injury Lawyer Rob Kornfeld.
Two pedestrians hospitalized after being hit by car near Boise Airport
Boise police have reopened Airport Way near the Vista Avenue intersection by the Boise Airport but continue to investigate a car vs. pedestrian crash that sent a man and woman to the hospital.
The crash happened at 6:20 a.m. Tuesday.
Witnesses told police a man and woman were on the east side of Vista Avenue, crossing Airport Way north to south, toward the airport, in an crosswalk, when they were hit by a car, traveling south on Vista and turning east on to Airport Way.
Boise police say the couple’s injuries do not appear life threatening, but the man’s injuries appear to be more serious. The couple was on their way to the airport to catch a flight, police say.
Boise police are reconstructing the crash and still trying to figure out what happened. There is a traffic light at the intersection and police are trying to determine who had the right of way at the time of the crash.
No charges have been filed by 7:30 a.m.
Airport Way was closed to traffic until about 10 a.m.
Check back at Idahostatesman.com later for more details.
Mr. Kornfeld has represented clients struck in cross walks, cyclists struck by cars, and passengers on buses injured due to the negligence of a bus driver. In addition, Mr. Kornfeld has represented the estates of pedestrians who have been killed in wrongful death actions involving county or city metro buses. Read more from Everett Pedestrian Accident Lawyers.
2 Washington Men Badly Hurt in Fall From Scaffolding
Two men in their 30s were working on a house in the 3900 block of 48th Avenue South on Wednesday when they fell off the scaffolding at about 2 p.m., according to a Seattle fire official.
The men fell about 30 feet and suffered life-threatening injuries. Both were taken to Harborview Medical Center.
If you have been hurt by a slip and fall accident in Everett, Washington you may be able to recover damages or be compensated for what you have lost due to the injury. You are welcome to contact our Everett slip and fall accident lawyers for a free consultation to go over you potential claim.
Source
Q. Should I stay in my car after an accident or get out?
A. Remain in the car if you feel dizzy or feel any pain. Do you best to remain calm and avoid changing positions. It is far better to wait for ambulance or EMT than to end up crippled for life. No insurance claim is going to give your mobility back.
If your airbag deployed, there may be some haze in the car, but there is no need to get out of the car hastily unless you see fire or smell smoke. If the car isn’t a safe place to be, get out of the car, and get as far away from any traffic as possible.
More FAQ from Everett Car Accident Attorney.
Starbucks Recalls Glass Water Bottles Due to Laceration Hazard
The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following products. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Glass Water Bottles
Units: About 11,000 in the United States and 1,200 in Canada
Importer: Starbucks Coffee Company, of Seattle, Wash.
Hazard: The glass water bottle and/or its stopper can shatter when the consumer is removing or inserting the stopper, posing a laceration hazard to consumers.
Incidents/Injuries: The firm has received 10 reports of either glass stoppers or water bottles shattering, including eight reports of hand lacerations.
Description: This recall involves clear glass water bottles with SKU number 11003503. The 20-ounce water bottles have the words “Glass Water Bottle” printed on a blue label affixed to the bottle.
Sold at: Starbucks company-operated stores and at Starbucks locations in Safeway and Target stores nationwide during January 2010 for about $9.
Manufactured in: Taiwan
Remedy: Consumers should immediately stop using the glass water bottles and return the product to the Starbucks location where purchased to receive a full refund. Starbucks is also offering a complimentary beverage, of any size, to consumers upon return of the glass water bottles.
Consumer Contact: For additional information, contact Starbucks at (877) 492-6333 between 8 a.m. to 11 p.m. ET Monday through Friday, or visit the firm’s Web site at www.starbucks.com
Milwaukie toddler hit by mom’s car backing out of driveway
A toddler was injured after being hit by an SUV backing out of a Milwaukie driveway Tuesday.
Clackamas County detective Jim Strovink said 18-month-old Brock Aschenbrener was hit while his mother, 33-year-old Charmin Aschenbrener, of Portland, was visiting the home and trying to park.
Investigators did not think the boy was run over, and Strovink said the boy was conscious and breathing at the scene.
He was brought to Oregon Health Sciences University Hospital by ambulance and listed in critical condition on Tuesday afternoon.
Studies show that a high proportion of toddler injuries occur in their driveways when vehicles back up.
This information is provided by Washington State Personal Injury Attorney Rob Kornfeld. Contact the firm to schedule a free initial consultation.
Texting or talking on cellphone while driving should be a primary offense
EVEN motorists in denial know deep down that texting and talking on a handheld cellphone while driving is not only distracting, it’s dangerous.
For that reason, Washington lawmakers should abandon earlier reticence and support state Sen. Tracey Eide’s new bill to make this kind of distracted driving a primary offense.
A primary offense means law-enforcement officers can intervene when a driver is texting or talking while holding a phone on sight. No other reason is needed to to make the stop.
Current state law, a timid compromise, says such activities can be addressed only as a secondary matter, that is, if a driver is doing something else wrong — say, driving with a broken taillight or weaving across lane markers.
The data is clear, if not overwhelming: Distracted driving is the new drunken driving or driving without a seat belt.
In testimony before Congress last fall, Sen. Jay Rockefeller, D-W.Va., cited Department of Transportation data showing distracted drivers in 2008 killed 5,800 people and injured 515,000, about 22 percent of all people injured in traffic accidents.
Rockefeller introduced federal legislation that would award grants to states that ban texting and using a handheld cell and make both actions primary offenses.
Eide, a Federal Way Democrat, tried for years to make distracted driving a primary offense. The bill that passed in 2007, with secondary-offense language, was the only way to win sufficient support. Her new bill also bans use of all wireless communications devices while driving for anyone with an intermediate license or learner’s permit. That makes sense.
Some studies show texting and driving is more hazardous than driving while drunk. Talking on a handheld phone is also very dangerous.
Eide’s legislation does not ban all the hamburger-eating, makeup-applying and other activities drivers should avoid behind the wheel, but it does tackle serious safety problems head-on.
The senator has already met with industry members and does not expect any opposition to the legislation, in part because the evidence is so overwhelming.
Lawmakers should pass a bill that allows drivers to be stopped for texting and talking on a handheld phone — as soon as a law-enforcement officer witnesses it.
IF you have been injured by someone who was distracted driving while talking or texting you have a RIGHT to financial compensation. Contact our Everett Personal injury lawyer today. Visit our Car Accident Frequently Asked Questions page for more info.
Seattle man killed on Kent’s Benson Highway
A 58-year-old Seattle man was struck and killed by a small pickup truck as he tried to cross the Benson Highway at about 5:45 p.m. Wednesday in the Panther Lake area of unincorporated Kent.
Maximiliano Diaz-Salazar was not in a crosswalk when he was struck by a vehicle as he attempted to go from east to west across the northbound lanes near the 22000 block of the five-lane highway, said Dan McDonald, spokesman for the Washington State Patrol.
“The cause of the crash was a pedestrian jumping out in the middle of the road and he didn’t see the car,” McDonald said in a phone interview Thursday.
A 43-year-old Kent woman, the driver of the 2000 Toyota pickup, told the State Patrol that she had no time to react once she saw the man crossing the street, also known as State Route 515 and 108th Avenue Southeast.
This marks the second pedestrian-car accident in the last seven weeks along the similar section of the Benson Highway, where posted speeds are 40 mph. A 22-year-old Kent woman was injured by a car at about 5 a.m. Oct. 27 when she tried to cross in the 22400 block of the highway to catch a bus. The woman was not in a crosswalk.
She was airlifted to Harborview Medical Center in Seattle for treatment of serious injuries, and has since been released.
“It’s not illegal but you need to yield the right of way (to a vehicle),” McDonald said about pedestrians crossing a street while not in a crosswalk.
Kent fire officials recommended in the press release that pedestrians should use a crosswalk while crossing any street, especially at night when visibility is reduced.
In the Wednesday night accident, Kent Fire Department and King County Medic One emergency crews found the man lying unconscious and unresponsive in the road and were unable to revive him, according to a Kent Fire Department media release.
The driver told investigators that she saw a sports-utility vehicle in the right lane as she traveled in the left lane and that the man apparently waited for the SUV to pass before he darted out in the road.
Investigators did not know where the man had planned to go as he attempted to cross the highway. There are several bus stops in the area.
It is up the state Department of Transportation to determine whether the Benson Highway needs any safety improvements near where the pedestrian-car accidents occurred, McDonald said.
“There’s a lot that goes into installing a crosswalk,” McDonald said. “You can’t just put one in the middle of a road if it’s one that drivers can’t see very well.”
Jamie Holter, spokeswoman for the state DOT, said traffic officials have looked at the history of accidents along that section of the Benson Highway, but she was still trying to track down traffic planners Thursday to see if there are any proposals to improve pedestrian safety along the street.
That section of the highway will become part of the city of Kent in July because of the Panther Lake annexations approved by voters in November.
“What happens might be up to Kent,” Holter said in a phone interview Thursday morning. “Or maybe if we start something Kent takes it over.”
We post stories of this nature to show the general public how often they happen and to remind those who have been the unfortunate ones to have been injured or to lose a family member that compensation is possible. Contact our personal injury lawyers for a free consultation today.
Fatal Construction Accident On Guemes Island
A construction worker has been killed in a construction accident on Guemes Island.
A dispatcher with the Skagit County Sheriff’s Office tells KIRO 7 that there is one confirmed death. The deceased is an employee of the construction company involved in the accident.
According to the Anacortes Fire Department, which is assisting with the accident response, the accident happened at around 3:15 p.m. Saturday when an 1800 square foot house fell off of its foundation, crushing a construction worker to death.
An Anacortes Fire spokesperson tells KIRO 7’s Graham Johnson that six workers were lowering the house to comply with building codes when the house slipped. All of the workers made it out safely except for one man, who was killed as he was pinned and crushed by pieces of the house structure.
The victim is a 57-year-old man from Mount Vernon.
