Yamaha served with $3.3M penalty for product liability

The Alabama Supreme Court served a $3.3 million penalty, a reward that, thus far, is the largest awarded to any plaintiff regarding the cases filed against Yamaho for its Rhino model, against vehicle manufacturer Yamaha last week for creating a defective product that injured a local woman in 2007.

The court found in favor of Jackie McMahon on Wednesday, May 1, after more than five hours of deliberation against Cypress, California-based Yamaha, for supposedly engaging in wanton conduct with regards to the design, marketing, manufacturing, and sale of its Rhino Model 660 UTV vehicle.

Lawyers for the plaintiff posited that Yamaha continued to sell the vehicle even when the federal Consumer Product Safety Commission had said it might classify the Rhino as a Hazard A, which means that the vehicle’s defect is likely to cause injury or even death.

A Montgomery jury formerly declared Yamaha not liable for the plaintiff’s common law wantonness claim.

At Yearout & Traylor, P.C., our lawyers value the safety of people and believe in their right to seek compensation for instances when a company fails to deliver on the quality of its goods and products, causing them injury. Call 205-414-8160 to discuss your situation with us if this describes a situation that has affected you.

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Michelin sued for wrongful death

A wrongful death lawsuit was recently filed by the mother of a 12-year-old boy who was killed in a car accident against Michelin North America Inc. and a local repair place, Amigo Tires.

The accident, which killed 12-year-old Octavious Chandler, occurred on March 25, 2011, along Interstate 65 in North Jefferson County.

According to reports, the mother, Julia Chandler, had a newly replaced tire on her 1997 Ford Explorer SUV installed by Amigo Tires. The lawsuit claims that the parties who were sued acted “negligently and wantonly” with regards to a tire that failed and detreaded while the vehicle was in operation. In order to determine whether damages should be paid to the plaintiff, a jury trial has been requested.

Car manufacturers all too often fail to ensure the safety of their products, causing innocent pe0ple’s deaths, such as Octavious Chandler’s. Our thoughts and condolences go out to all those affected by this and similar accidents.

Posted in Birmingham wrongful death lawsuit attorneys, Birmingham wrongful death lawsuit lawyers | Tagged as: defective tire claims, wrongful death claims, wrongful death lawsuit | Leave a comment

Pedestrian in Critical Condition after Being Hit by Car

A pedestrian is in critical condition after being struck by a car, Wednesday January 30.

Alabama State Troopers said 29-year-old Jackie Sigafuss of Alexandria was hit by a car driven by Carl Vest. Sigafuss is in critical condition according to Birmingham Hospital workers and was taken to the surgical intensive unit of UAB Hospital after initial treatment. Lt. Jon Garlick said Sigafuss was struck while walking alongside the road near Supreme Beverage. Local emergency medical service crews and the Sheriff’s Office responded to the accident.

Weather is being considered to be the factor of the accident due to visibility being reduced on the roadways, according to Garlick. Investigation was still ongoing the day after the accident.

Being the victim of an accident can have numerous repercussions that can be difficult to overcome. At Yearout & Traylor, P.C., our pedestrian accident lawyers provide support for those who have been harmed in such an accident. Call 205-414-8160 to learn about your legal options.

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Alabama man’s Chantix lawsuit to be first to go to trial

An Alabama man’s Chantix lawsuit is set to serve as the first test case for the more than 2,000 similar lawsuits filed nationwide.

Chantix is a drug manufactured by Pfizer that is meant to help people quit smoking. Lawsuits claim that the drug causes a wide variety of psychological side effects, including anxiety, depression, and suicidal thoughts.

The man’s lawsuit was filed in 2009 and will finally go to trial in mid January. Pfizer denies all allegations that Chantix causes mental problems.

It will be up to the courts to decide whether or not Chantix is a legitimately dangerous pharmaceutical product. When a manufacturer releases a product that injures its users, it can be held liable for the medical costs and other related expenses. If you’ve been hurt by a faulty product, contact the product liability attorneys of Yearout & Traylor, P.C., to learn more about how a personal injury lawyer can help you.

Posted in Birmingham personal injury attorneys, Birmingham pharmaceutical liability lawyer, Birmingham product liability lawyers | Tagged as: dangerous pharmaceutical lawyer, personal injury lawyer, product liability lawyer | Leave a comment

Troopers continue to investigate fatal weekend crash

Alabama State Troopers are continuing to learn more about a fatal car crash that occurred early Sunday morning in Tuscaloosa County.

After a preliminary investigation, it was shown that a 24-year-old-year old man was driving a 2005 Nissan Altima when it went off the side of the road for unknown reasons.

A 19-year-old Northport woman was riding in the passenger seat at the time of the collision and was pronounced dead by emergency crew members. The cause of the crash remains under investigation at this time.

 

Posted in Birmingham car accident attorneys, Car accident attorneys, Car accident lawyers | Tagged as: Car accident attorneys, Car accident lawyers, Fatal car crash investigation | Leave a comment

Alabama to receive portion of Johnson & Johnson settlement

Janssen Pharmaceutical Inc., a subsidiary of Johnson & Johnson, has settled lawsuits accusing it of using underhanded and illegal practices to market anti-psychotic drug Risperdal.

Pharmaceutical manufacturers are barred from promoting their products for uses outside of those for which they have Food and Drug Administration approval. Risperdal is approved to treat solely schizophrenia and bipolar disorder.

The lawsuits against the company accused it of ghost writing articles in medical journals promoting the drug’s effectiveness as a treatment for dementia. The company settled the claims outside of court last week and will pay out $181 million to 36 states.

When product manufacturers use misguidance to increase their sales, they can be held accountable if someone’s skewed expectations of their product cause them to become injured. If you have been hurt as a direct result of being misled by a product’s marketing, contact the product liability attorneys of Yearout & Traylor, P.C., at 205.414.8160.

Posted in Birmingham personal injury attorneys, Birmingham product liability attorneys, Birmingham product liability lawyers | Tagged as: personal injury law, product liability attorney, product liability lawyer | Leave a comment

Missouri Supreme Court overturns 2005 limit on medical malpractice awards

The state of Missouri’s Supreme Court has declared a 2005 law that placed a limit on medical malpractice awards unconstitutional. The law set a hard cap on noneconomic compensation for victims of medical malpractice at $350,000.

The majority in the 4-3 decision declared the law unconstitutional for infringing on the state constitution’s “inviolable” right to jury trials, claiming the limit reduced a jury’s power to assess the facts and damages of a medical malpractice case.

The law was enacted to quell the rampant increases in the costs of malpractice insurance premiums that Missouri was experiencing at the time. The high cost of the insurance was causing many doctors to leave the state. Missouri has 20 percent more doctors now than it did ten years ago.

If you have been injured by the neglectful actions of a medical professional, contact the medical malpractice attorneys of Yearout & Traylor, P.C., at 205.414.8160.

Posted in Birmingham medical malpractice lawyers, Birmingham negligence attorneys, Birmingham personal injury attorneys | Tagged as: medical malpractice lawyer, negligence attorney, personal injury lwayer | Leave a comment

Wisconsin man loses life in crane collapse

The Occupational Safety and Health Administration (OSHA) is investigating the scene of a Wisconsin crane collapse that occurred last Thursday. The administration is looking for any indications of negligence or safety violations that may have contributed to this unfortunate accident.

The crane was carrying a 52-ton concrete girder over a bridge when it collapsed, killing a man working on the bridge and seriously injuring its operator.

A 2010 OSHA report indicates that approximately 89 people are killed every year in crane-related accidents.

A crane collapse is one of the most dangerous kinds of construction equipment malfunctions that can occur. If you or someone you care for has been hurt on a construction site, contact the construction accident attorneys of Yearout & Traylor, P.C., at 205.414.8160.

Posted in Birmingham construction accident lawyers, Birmingham crane collapse attorney, Birmingham equipment malfunction attorneys | Tagged as: construction accident attorney, crane collapse lawyer, equipement malfunction lawyer | Leave a comment

Tips for firework safety

Independence Day is fast approaching, and to prepare for the ensuing celebrations, it’s important to know how to stay safe while using fireworks.

A report filed by the Consumer Product Safety Commission shows that an average of 9,000 people are injured by fireworks every year. The Fourth of July, well-known for its firework displays, can see a huge surge of these kinds of injuries.

Many firework injuries arise from misuse of these devices. If you plan on using fireworks, make sure to read and follow all of the directions on the labels.

The Birmingham personal injury lawyers of Yearout & Traylor, P.C., urge responsible fireworks use and wish everyone a safe and happy Fourth of July.

Posted in Birmingham firework injury attorney, Birmingham firework safety lawyers, Birmingham personal injury lawyers | Tagged as: firework injuries attorneys, firework injury lawyers, personal injury lawyers | Leave a comment

Teenagers in critical condition after vehicle rollover accident

Two teenagers are in critical condition after a serious rollover accident last week.

The Pelham teens were traveling north in a Nissan Maxima with two other passengers at 9:48 p.m. Friday when the driver lost control of the vehicle and drifted into the southbound lane. The car rolled over and was hit by a Honda Civic.

One of the passengers, a 17-year-old, was airlifted to a nearby hospital, and the other three were taken by ambulance. The person driving the Civic was driven to the hospital by a family member.

There are many common causes of car accidents. If you have been hurt in a car accident through no fault of your own, contact the automobile accident attorneys of Yearout & Traylor, P.C., at 205.414.8160.

Posted in Birmingham automobile accident lawyer, Birmingham car accident lawyer, Birmingham rollover accident lawyer | Tagged as: auto accident attorney, car accident lawyer, rollover accident attorney | Leave a comment