Connecticut Injury Attorney Blog

Former High School Football Player Reaches $4.4 Million Settlement with School District Over 2007 Head Injury

Wed, 16 May 2012 13:18:43 -0500

A former high school football linebacker has settled a lawsuit against the school district where he used to play for $4.4 million. Scott Eveland, now 22 years old, suffered traumatic brain injury during a 2007 game that left him confined to a wheelchair, able to communicate only through a specially-designed computer keyboard or iPad. He had previously settled a suit against the company that manufactured his helmet. His suit against the school district alleged negligence on the part of coaching staff for ignoring or failing to recognize his injuries prior to the game.

On September 14, 2007, Eveland reportedly asked the school's athletic trainer if he could sit out the first quarter of a game, complaining of a severe headache that had already caused him to miss some practice. A student trainer who claimed to be present testified at a deposition in 2010 that she heard the trainer relay the request to the coach, and heard the coach respond, using an expletive, that only he would decide who would or would not play in the game. In deposition testimony, both the coach and the trainer denied having this conversation.

Eveland started the game, but only played for thirty minutes before collapsing on the field. After he was rushed to the hospital, he required emergency surgery to remove part of his skull. He spent several weeks recovering in the hospital, but unfortunately the bleeding in his brain had caused excessive damage. He can only communicate by typing on a specialized keyboard, and he requires help supporting his elbow to do that.

Settlement Reached in Wrongful Death Lawsuit over 2010 Boat Accident

Tue, 15 May 2012 10:07:11 -0500

The parents of two Hungarian students who died when a barge collided with their tour boat in Philadelphia settled their wrongful death lawsuit against the companies that operated the two vessels and the city. The settlement occurred after two days of trial in federal court, after the judge urged the attorneys to try to settle the case. The defendants had asserted caps on liability based on federal maritime law.

The two students, 16 year-old Dora Schwendtner and 20 year-old Szabolcs Prem, drowned after an eighty-yard barge collided with their tour boat in July 2010. The tour boat, an amphibious "duck boat" that could both drive on land and water, had become disabled. Someone had reportedly left a radiator cap off of the engine, causing it to overheat in the 103-degree weather. The captain dropped anchor in the middle of a busy channel on the Delaware River near downtown Philadelphia, having mistaken steam coming off the engine for a fire. The duck boat reportedly lacked a radio and an emergency air horn. Thirty-seven passengers and crew were on board.

A tugboat was pushing the barge in the same channel. The tugboat captain, reportedly distracted by a family medical emergency, had moved to a part of the boat where he could not see the river in order to use his cellphone. He therefore did not see the duck boat, which was dead in the water in the barge's path. The barge crashed into the duck boat, causing it to capsize and sending thirty-five passengers and crew into the water. Schwendtner and Prem were trapped on the boat, where they drowned. At least twenty-six people were injured. The tug pilot pleaded guilty to involuntary manslaughter in November 2011 and received a one-year prison sentence.

Few Resources Available to Track Sports Injuries Among Young Athletes

Fri, 11 May 2012 18:37:18 -0500

The death of a young baseball player in Illinois has demonstrated the need for comprehensive data on youth sports injuries. Extensive data are available for high school and collegiate sports, but not for participants in sports who are younger than high school age even though they face many of the same risks of injuries. In addition to injuries from accidents and ordinary game play, children face the risk of injury from faulty or defective athletic equipment, particularly protective gear.

A 12 year-old baseball player from Oswego, Illinois died on April 12, 2012 due to an injury sustained during a game. Eric Lederman was warming up on the side of the field, playing catch with a teammate. The ball reportedly struck him in the neck, hitting his carotid artery. He collapsed immediately, and was taken to the hospital. Doctors pronounced him dead shortly after 8:00 p.m. that night. They ruled the death an accident, the result of head trauma causing a cerebral hemorrhage.

Lederman had played baseball for five years, including three years with the league's traveling team. He played center field, third base, and catcher. He was reportedly warming up for the catcher position at the time of the accident. A league spokesperson did not know if he was wearing protective gear, or if it would have made any difference if he were. The league has reviewed its safety regulations in response to Lederman's death, and they have conducted a safety inspection of all their equipment.

FDA Warns of Threat to Children from Discarded Pain Patches

Wed, 09 May 2012 17:43:18 -0500

The fentanyl patch, which delivers a potent narcotic painkiller through the skin to people receiving treatment for injuries and pain management, poses a serious threat to children. The U.S. Food and Drug Administration (FDA) recently issued a warning to the public that exposure to the patch can be deadly to children, and that patients using the patch should take great care in disposing of used patches.

Fentanyl is a synthetic narcotic analgesic used as a painkiller and anesthetic, available in generic form or under the brand name Duragesic. It is about one hundred times stronger than morphine, and its effects have a rapid onset and short duration. It is used to treat patients suffering from chronic pain, where ordinary pain medications cannot provide relief. It is commonly delivered to a patient through a skin patch that provides a continuous low dosage of the medication. The drug can be addictive, and doctors only prescribe it for people who are already used to the effects of narcotic pain medications. One patch will last at least seventy-two hours. Fentanyl patches should never be placed in the mouth or swallowed. Patients are specifically cautioned to keep patches away from children under the age of two.

Prescription Drug Errors and Abuse Causing an Increasing Number of Deaths Nationwide

Thu, 03 May 2012 12:18:40 -0500

A survey by the U.S. Department of Health and Human Services (HHS) reveals that as many as 22 million Americans use illegal drugs of one kind or another. "Illegal drugs," as defined by the survey, includes both controlled substances like cocaine and marijuana and prescription medications used improperly. A report from the Centers for Disease Control and Prevention (CDC) issued in April indicates that prescription drug abuse has led to a ninety percent increase in poisoning-related deaths among teens aged fifteen to nineteen between 2000 and 2009. Prescription drug abuse is evidently becoming more common, and studies suggest much of it involves legally-obtained medications. In terms of civil liability for medical professionals, the question is not as clear as it is for a medication error.

The CDC reports that 27,000 people died in 2007 from accidental drug overdoses in the United States. The agency also says that deaths due to drug overdose and abuse have overtaken car accidents as a cause of death among teenagers. As much as twenty percent of teens surveyed by the CDC in 2009 said they had taken prescription medications without a prescription. A large number of these may be painkillers, which have a high potential for abuse, fatal drug interactions, or overdoses. Opioid analgesics, which are common active ingredients in painkillers and other drugs, now cause more fatal overdoses than cocaine and heroin combined, according to the CDC.

Although some people who abuse prescription drugs may obtain them illegally, many obtain them directly through a physician's prescription or from a person with a valid prescription. Doctors and pharmacies must take great care in how they prescribe painkillers and other high-alert drugs. The Drug Enforcement Agency (DEA) recently suspended the licenses of two Florida CVS pharmacies because they allegedly dispensed more units of the painkiller oxycodone than any other pharmacy in the state, thus endangering public safety. According to the DEA, they filled multiple prescriptions for out-of-state patients and dispensed hundreds of thousands of tablets. This allegedly suggests dispensation of painkillers to addicts. Regulators also suspended a Florida distributor's license to distribute controlled substances for allegedly "selling excessive amounts of oxycodone" to the two CVS stores and other pharmacies. The pharmacies and the distributors face license revocation hearings.

Victim of Chimpanzee Attack Seeks to Hold State of Connecticut Liable for Injuries

Tue, 01 May 2012 17:11:50 -0500

The victim of a brutal 2009 attack by a chimpanzee is seeking to hold the state of Connecticut liable for her injuries for failing to enforce animal control regulations and protect the public. Charla Nash, who suffered severe and disfiguring injuries in the attack, alleges that the state had warnings that the chimpanzee could be dangerous. Police shot and killed the chimpanzee while the attack was occurring. Nash also sued the chimpanzee's owner, who passed away in 2010.

Nash was visiting her friend Sandra Herold at Herold's Stamford, Connecticut home on February 16, 2009. Travis, a thirteen year-old, 200-pound chimpanzee, was roaming the grounds at the time of Nash's visit. Travis had starred in television commercials and was highly socialized, reportedly even dressing and bathing himself and using a computer to look at pictures. For reasons that remain uncertain, Travis attacked Nash. While Herold reportedly stabbed at Travis with a butcher knife and hit him with a shovel, Travis blinded Nash and tore off her hands, lips, eyelids, and nose. The attack also caused Nash traumatic brain injury. Police shot and killed the chimpanzee.

Nash required months of hospitalization to recover from wounds described as "life-changing, if not life-threatening." An attempt to transplant new hands by doctors in Boston was not successful, but they successfully performed a face transplant in August 2011. Nash continues to recover from that procedure to this day.

Wrong-Way Driver Allegedly Injures Connecticut State Trooper

Thu, 26 Apr 2012 10:26:37 -0500

An automobile accident on Interstate 95 in Bridgeport on the night of Thursday, April 12, 2012 sent two people to the hospital and could result in criminal charges for one of them. A driver was allegedly going the wrong way on the highway when he struck a police cruiser. Police are still investigating the accident, so neither criminal nor civil legal actions have occurred yet.

Law enforcement reports that 63 year-old John Mysliwiec, a Shelton resident, was driving south in the northbound lanes of I-95 that night. His car allegedly collided with two state police cruisers. Troopers Gregory Lebeau and Alex Horjatschun had received a report of a driver going the wrong way on the highway and were in the process of positioning their cars across the highway to block the driver's path. Mysliwiec allegedly struck both vehicles, first striking the left front of Horjatschun's cruiser and then colliding head-on with Lebeau's vehicle.

The impact reportedly caused Lebeau's car to spin and collide with another vehicle occupied by two people. Mysliwiec's car went across the highway and hit a vehicle with three occupants, then struck a barrier and caught fire.

Mysliwiec reportedly suffered broken ribs and a head injury. Police described him as "semi-conscious" when they pulled him from the wreckage. Lebeau reportedly suffered injuries to his head and arm. Both men were hospitalized, and authorities said that the injuries were not life-threatening. No one else suffered any injuries in the accident. A spokesperson for the state police said that Lebeau was released from the hospital and will not miss any work. Mysliwiec remained hospitalized at the time of the most recent media reports on April 13.

Mysliwiec's car was reportedly totaled, while the other two civilian vehicles suffered only minor damage. Those cars' drivers were able to drive them from the scene.

Police report that they expect criminal charges to be filed against Mysliwiec in connection with the crash, although they have not specified a charge. Media reports make no mention of whether alcohol might have been involved. This is unusual, since the media often mention that issue, even if only to say there is no evidence. Connecticut's Motor Vehicles Code, in addition to impaired or intoxicated driving, specifically prohibits reckless driving and driving on the wrong side of a divided highway. It also provides for enhanced civil damages against a person who violates one of these statutes.

Jury Awards Connecticut Woman $4 Million in Products Liability Suit Against Pharmaceutical Company

Tue, 24 Apr 2012 12:04:07 -0500

A Connecticut jury has entered a verdict finding pharmaceutical company Pfizer, Inc. liable for a woman's breast cancer, which she developed after taking the company's menopause drug Prempro. Prempro was a product of Wyeth, a drug company acquired by Pfizer while the suit was pending. The jury found that Prempro is a "dangerous product," and that Wyeth failed to test for certain risks, failed to warn consumers of certain risks, and misrepresented the information on risks that it possessed. Pfizer, which took on Wyeth's liabilities, must pay up to $4 million in damages to Margaret Fraser and her husband, Joseph Fraser. The court will also determine an amount of punitive damages owed to the plaintiffs.

Prempro is a combination of the hormones estrogen and progesterone, used to treat menopause symptoms. A study released by the National Institutes of Health in 2002 reportedly linked the drug to an elevated risk of cancer. A study published in the Journal of the American Medical Association in 2009 found a link between the drug and breast cancer, as well as an increased risk of death from lung cancer. The study says that fifteen to twenty percent of postmenopausal women in America use this drug.

According to the Frasers' complaint, Margaret Fraser took Prempro, as prescribed by her gynecologist, between November 1998 and September 2001. A routine mammogram in September 2001 found a cluster in her left breast, which proved to be invasive hormone-positive ductal carcinoma. She underwent a lumpectomy, chemotherapy, radiation therapy, and a course of tamoxifen.

The Frazers filed suit against Wyeth in August 2004, alleging that Wyeth violated Connecticut's Product Liability Act by failing to warn consumers of the risk of cancer from their product and by misrepresenting the risks. The complaint alleges both negligence and strict liability against Wyeth, and alleges that the company breached both express and implied warranties. Margaret Fraser claimed damages for medical expenses, mental and physical pain and suffering, and lost enjoyment of life and economic benefits. Joseph Fraser claimed damages for loss of consortium, anxiety, and mental anguish. The plaintiffs also claimed punitive damages.

Federal Government Blocks Almost 650,000 Dangerous Products at Ports in Fourth Quarter 2011

Thu, 19 Apr 2012 12:50:39 -0500

The U.S. Consumer Product Safety Commission (CPSC) recently announced that its port investigators identified and blocked around 650,000 units of products deemed dangerous or in violation of U.S. safety standards. Investigators reportedly screened over 2,900 shipments arriving at U.S. ports during the period from October 1 to December 31, 2011. They blocked about 240 different products identified as noncompliant with safety standards, preventing them from reaching consumers and possibly causing injury.

The CPSC is an independent federal government agency created by the Consumer Product Safety Act in 1972. Its mission is to guard the public "against unreasonable risks of injuries associated with consumer products." It has authority to issue regulations regarding the sale of a wide range of consumer products. The only products not subject to its jurisdiction are ones put under the authority of a different agency by a specific statute. For example, the National Highway Traffic Safety Administration has authority to regulate automobiles, and the Food and Drug Administration has authority over pharmaceutical and most food products. The CPSC can ban products it deems dangerous, and it can compel recalls of dangerous products already in the market.

The CPSC has several programs that enable it to collect data about products in the U.S. market. The National Electronic Injury Surveillance System collects data from a set of hospitals on injuries related to consumer products, then analyzes the data to create estimates the agency can use nationally. SaferProducts.gov, a website operated by the CPSC, allows consumers to report unsafe products online.

The list of products blocked by the CPSC at the end of 2011 is dominated by children's products, which comprised eighty-two percent of the total number of units stopped. Of the children's products blocked at ports of entry, the CPC found that they were dangerous or violative in six main ways:

- 47% contained lead or lead-based paint;
- 18% contained small parts not appropriate for children;
- 15% contained phthalates, a plastic product found to have serious health effects;
- 8% had tracking labels that were incorrect or non-compliant;
- 4% included art materials prohibited in children's products; and
- 2% contained incorrectly-branded toys.

The remaining six percent included products with sharp points, chemical hazards, heavily-regulated baby products, and toys requiring batteries that did not meet safety standards. Most of the products blocked by the CPSC originated in China, with some coming from Mexico and Japan.

Connecticut Man Attempts to Rescue Injured Bobcat, Avoids Being Bitten

Tue, 17 Apr 2012 10:25:18 -0500

A Connecticut man travelling in Vermont recently brought an injured bobcat to the Guilford Welcome Center near the Vermont-New Hampshire state line. A state game warden had previously received a report of a bobcat hit by a vehicle on Interstate 91 on the morning of Sunday, March 25, 2012, but she was unable to locate the animal. She then received a call regarding this man who picked up the bobcat and transported it to the welcome center in his vehicle. The warden found the bobcat laying in the back seat of the man's car, clearly suffering multiple broken bones.

The warden informed the man of the risks he had faced driving with the bobcat in his car. Had the animal woken up, it does not have the behavioral constraints expected of domesticated animals. This particular bobcat reportedly weighed about twenty-five pounds and could have done very serious damage by biting or scratching. In fact, the bobcat reportedly grew more alert and active while the warden waited for a veterinarian to arrive. She stated that the animal, clearly suffering a great deal of pain, began biting the car seats. In order to safely sedate the bobcat, she had to first use a Tazer to incapacitate it. Once it was sedated, the veterinarian quickly determined that the bobcat was too badly injured to be rehabilitated. The decision was made to euthanize it the same day.

Bobcats are wild animals with a geographic range over much of the continental United States and Canada. They are about twice the size of a typical housecat, weighing roughly eleven to thirty pounds. Bobcats are usually nocturnal and solitary, avoiding humans wherever possible. At the same time, they can be quite formidable, with powerful legs that enable them to pounce up to ten feet. Human contact, particularly in close quarters, is best avoided.

The man's heart was in the right place in trying to save the bobcat, but he also put himself at considerable risk for injury. Had the bobcat bitten the man, it is highly unlikely that he would have had any sort of claim for damages against anyone. A person injured by an animal, or someone injured because of reasonable fear of attack by an animal, might be able to make a claim against the animal's owner, or the person directly responsible for controlling the animal. Wild animals in the wild have no owners and are not subject to anyone's control.

Connecticut Supreme Court Overrules Its Own Caselaw Regarding Insurance Claims for Personal Injuries

Wed, 11 Apr 2012 10:30:08 -0500

The Connecticut Supreme Court took an unusual step in a recent decision, overruling its own prior decision. The current case, Arrowood Indemnity Company v. Pendleton King, began with a dispute between the parent of an injured child and another parent. The case developed into a dispute between the defendant and the defendant's insurance company over whether the insurer received adequate pre-litigation notice of a claim. The court, in holding that the burden rests with the insurance company to prove prejudice caused by late notice, has altered an important aspect of the insurance claims process, one that could possibly have far-reaching impact on Connecticut personal injury attorneys and their clients.

King's teenage son was driving his parents' all-terrain vehicle (ATV) in 2002, using a nine-foot rope to tow another boy on a skateboard. The boy being towed, Conor McEntee, let go of the rope and fell, suffering serious head trauma that caused him to be hospitalized with a temporary coma.

The King and McEntee families reportedly continued to socialize after the accident, and the McEntees did not tell the Kings they intended to bring a claim for Conor's injuries. Over a year after the accident, the Kings received a letter from an attorney representing the McEntees. The attorney notified them of the McEntees' intent to claim damages for the accident. The Kings, through their insurance broker, presented the claim to their insurance carrier. They had homeowner's and umbrella liability policies through the insurer. The insurance company, later substituted by Arrowood Indemnity Company, filed a declaratory judgment action, claiming that it had been prejudiced by the McEntees' late notice of their claim, and that therefore it was not obligated under its contract with the Kings to defend or indemnify the Kings.

The Connecticut Supreme Court had ruled in a 1988 case, Aetna Casualty & Surety Co. v. Murphy, that the burden of disproving prejudice in a case of late or delayed notice of a claim fell on the insured. The court reasoned that, since the insured was the party seeking to enforce the terms of a contract despite not abiding by his own contractual obligations, the insured should have to show how enforcing the contract against the insurer would not unfairly prejudice the insurer.

The court in Arrowood explicitly overruled Murphy, holding that the insurer must prove by a preponderance of evidence that a delay in notice has caused prejudice. The court noted that courts in many other jurisdictions have ruled that the insurer has the burden of proving prejudice. It also noted the difficulty of "proving a negative," which is what the insured would have to do under Murphy. This could "prevent the court from meaningfully weighing the parties' real interests."

Graduated Driver Licensing Laws Contribute to Connecticut's Relatively Low Number of Head Trauma-Related Deaths Among Teens

Tue, 10 Apr 2012 15:17:43 -0500

The total number of traffic fatalities involving teen drivers has decreased nationwide by over forty-six percent since 2005, according to a recent study conducted by State Farm Insurance and the Children's Hospital of Philadelphia. Over 55,000 teenagers, defined as those aged 15 to 19, suffered serious injuries in car accidents in 2009 and 2010. Of those, thirty percent of them suffered acute head trauma, such as skull fractures, concussions, and traumatic brain injury (TBI). This is the most common type of injury, followed by injuries to the lower extremities (27% of the total) and chest (14%). The report's lead author noted that prevention is the best strategy for dealing with head trauma, since many TBI's cause lasting or permanent damage. He also remarked that making teens wear helmets when driving is not a practical solution.

Connecticut has a relatively low rate of traffic fatalities with teen drivers. During the period from 2009 to 2010, the fatality rate was 7.5 per 100,000 population, the thirteenth-lowest in the country. This is also a decrease of 19.6% since 2005. The study's authors credit graduated driver licensing (GDL) laws for contributing to low rates of teen-driver traffic fatalities. They further recommend that teens go through at least fifty hours of practice supervised by an adult driver before receiving an unrestricted license.

GDL laws limit the times of day and conditions when some licensed drivers may operate a vehicle. They may also limit the number of passengers certain drivers may transport and restrict drivers to certain geographic areas or a certain distance from a driver's home. These laws can apply to young and newly-licensed drivers, but they may also apply to people with health or injury issues that would affect their ability to operate a vehicle safely in some circumstances. This has the benefit of providing opportunities for young drivers to practice in a somewhat-controlled environment, thus reducing the risk of head trauma and other injuries.

Connecticut's GDL laws may include restrictions as to time of day and type of roadways, as well as use of corrective eyewear and certain vehicle features. A driver might be restricted to driving only during daylight hours. A driver may be required to drive only vehicles with an automatic transmission, or to drive only when wearing prescribed corrective lenses. For people restricted by medical conditions, the person's physician may recommend specific restrictions to the state's Department of Motor Vehicles.

Connecticut Jury Awards $1 Million to Injured Worker for Retaliation Claim

Wed, 04 Apr 2012 13:54:07 -0500

A Connecticut railroad worker received a judgment of more than $1 million in damages in a jury trial against his employer, Metro-North Railroad. The plaintiff, Andy Barati, alleged that Metro-North retaliated against him by unlawfully firing him after he reported concerns with workplace safety. These concerns arose after Barati was injured. Using a federal law designed to protect whistleblowers, Barati sued the railroad. This case has important implications for injured workers who want to do their part to prevent future injuries.

Barati worked for Metro-North as a trackman at the Grand Central Terminal Loop Track. He was injured on the job on April 22, 2008 when a rail tie fell on his left foot after a jack allegedly failed, breaking his big toe. According to his complaint, he immediately reported the injury to his supervisor.

About two weeks later, on May 7, Barati says he received a "Notice of Disciplinary Trial" from his employer. He says he became subject to a formal disciplinary trial on May 30, and that Metro-North terminated his employment on June 17. He was only able to return to work on August 5, 2008, after he submitted to further discipline that remained on his permanent employment record and reduced his income and other benefits.

In October 2008, Barati filed a complaint under the Federal Rail Safety Act (FRSA) with the U.S. Department of Labor. FRSA prohibits railroad carriers from retaliating against an employee for making a good faith report of any injuries on the job or other matters relating to workplace safety. The law's protections are administered by the Occupational Health and Safety Administration (OSHA), which issued an order supporting Barati in June 2009. This order allowed Barati's lawsuit to go forward.

Barati filed his lawsuit in November 2010, claiming that Metro-North failed to use reasonable care to prevent injuries on the worksite where Barati's accident occurred by failing to give safety briefings, to supervise employees sufficiently, to provide enough lighting, or to train employees to use rail jacks. These unsafe conditions led directly to his injuries, he alleged, and he asserted that Metro-North was liable for his injuries under the Federal Employers Liability Act (FELA). FELA allows compensation for railroad workers who suffer work-related injuries. He claimed damages in the form of medical costs, lost wages, diminished earning capacity, pain and suffering, and mental anguish. Barati further alleged that Metro-North violated FRSA by dismissing him after he reported his injury and safety concerns.

A jury awarded Barati $50,000 in compensatory damages for his pain and suffering and lost wages. It also awarded him $1 million in punitive damages. Barati's attorney told the Wall Street Journal that this was the first verdict to rely on FRSA. Metro-North has indicated that it will likely appeal the verdict.

Connecticut Man Sentenced in Boating Accident Case That Injured Two People

Tue, 03 Apr 2012 10:37:22 -0500

A Greenwich, Connecticut man recently received a sentence of probation over a 2010 boating accident off the coast near Madaket in Nantucket. The August 2010 accident, described as a "hit-and-run boating collision," injured two people, sending both to the hospital.

Nearly a year later, in July 2011, prosecutors in Nantucket County charged the operator of one of the boats, 21 year-old James Sternlicht, with multiple offenses. These included unsafe operation of a motorboat and failure to report a motorboat accident. Because Sternlicht was under the age of 21 at the time of the accident, prosecutors added a charge for alcohol possession. They also charged him with operating a motorboat without a proper identification number. Massachusetts law, like the laws of Connecticut and other states, requires registration of boats, and requires that boats to have proper documentation.

In March 2012, a Nantucket District Court judge sentenced Sternlicht to one year of pretrial probation for the unsafe operation of a motorboat charge. The court fined Sternlicht $500 for failing to report the accident, and $50 for operating the boat without identification. Prosecutors dismissed the charge of alcohol possession. Sternlicht must also complete a boating safety class through the United States Coast Guard before he may operate a boat or any other water vessel again.

Boating accidents are a serious problem throughout the country. The U.S. Coast Guard identified 4,789 boating accidents in 2008. These accidents caused 709 deaths and 3,331 injuries, and caused about $54 million in property damage. Ninety percent of the fatalities did not have a life jacket on, and ninety percent occurred with boat operators who had not received safety training. The Coast Guard found that alcohol was the main factor in seventeen percent of boating accident deaths that year.

Connecticut requires a Safe Boating Certificate (SBC) in order to operate a recreational vessel such as a boat. For jet skis, described by state law as "personal watercraft," the state requires a Certificate of Personal Watercraft Operation (CPWO). To obtain either certificate, an applicant must complete a basic boating course and an examination. Children under the age of 16 may operate a boat, but not a personal watercraft, if an adult age 18 or older with a SBC supervises them. Children under the age of 16 may operate a personal watercraft if an adult with a CWPO accompanies them.

University of Connecticut Implements System Allowing Campus Shuttle Buses to Give Verbal Warnings to Pedestrians

Wed, 28 Mar 2012 17:38:38 -0500

Just over a year ago, 20 year-old University of Connecticut student David Plamondon was killed when a campus shuttle bus struck him as he was crossing an intersection. The accident occurred on campus at about 8:15 p.m. on Tuesday, March 22, 2011. Emergency responders pronounced Plamondon dead at the scene.

The driver of the shuttle bus was a student, 22 year-old Lukasz Gilewski. Most of the drivers in UConn's 13-bus campus shuttle system are students. In order to work as a driver, they must obtain a commercial driver's license and complete thirty hours of behind-the-wheel training. Gilewski reportedly waved to another bus driver just before hitting Plamondon. Gilewski was charged with negligent vehicular homicide and failing to yield to a pedestrian. He pleaded nolo contendere to negligent homicide in early March. He received a six-month suspended prison sentence and will serve two years of probation.

In the aftermath of the accident, students and administrators reviewed safety issues for pedestrians on the UConn campus. The head of the University's Department of Transportation Services, Janet Freniere, formed a committee to review pedestrian safety during the fall semester. They found that motor vehicles, including shuttle buses, presented a danger to pedestrians on campus, along with scooters, bicycles, and skateboards.

UConn installed a system of speakers on all of its shuttle buses intended to warn pedestrians when the buses are turning corners. Freniere acknowledged that the system came in response to Plamondon's death, and a university spokesman confirmed this in a statement to the media. The system, known as "Safe Turn Alert," plays a verbal message, "Pedestrians, bus is turning," when the bus' wheels turn a certain degree. The system also reportedly reminds drivers to look both ways.

The school started using the system on Monday, March 19. Students have said that the system, while initially startling, helps at times when visibility is low and the buses are difficult to see. Drivers have reportedly said that they have seen pedestrians step back out of the street when they hear the warning. Plamondon's brother, Mitchel, however, told the UConn student newspaper that he supports the university taking action but thinks the system places the burden on the pedestrian rather than the bus driver.