South Carolina Injury Lawyer Blog

Former Employee Faces Criminal Charge for Alleged Assault/Abuse at Mt. Pleasant Nursing Home

Wed, 02 Jan 2013 14:03:40 -0500

Your lawyers in Charleston at Howell and Christmas, LLC recently read a Post and Courier article concerning of a horrifying incident of nursing home abuse at a Mt. Pleasant facility. The alleged assailant is a 44-year-old North Charleston man and former employee of Mount Pleasant Manor, a 132-bed nursing home facility on Bowman Road, and is accused of assaulting and kissing a 101-year-old resident of the Manor.

Video evidence of the alleged assault was taken by a hidden camera placed in the resident's room by a private investigator after the resident alerted his granddaughter of abuse. The Post and Courier report indicates that the resident’s granddaughter hired the investigator.

Engineering Shortcuts Lead to Building Collapse and Serious On the Job Injuries

Tue, 25 Dec 2012 11:57:30 -0500

Similar to the last blog entry posted by your Charleston personal injury attorneys, today's post also concerns the Dallas Cowboys. But unlike the last entry, today's post focuses not on the Cowboys players, but on a 88,000-square-foot practice facility that collapsed in 2009 that has gained recent attention for its negligent construction.

Originally, the tent-like facility's collapse was attributed to a sudden, violent gust of wind known as a "microburst," but recent inquiry into the structure's construction and responsible contractor and its engineer has revealed serious misfeasance and disregard for safety in the facility's design.

As is the case in many industrial endeavors, economic and monetary cost is contrary to safety. Shortcuts can benefit the bottom line, but detrimentally impact the stability, safety, and overall performance and structural integrity under natural duress such as wind gusts. Ultimately, and generally, cutting corners leads to defective products and creates the potential for serious accidents and injuries.

Late Night Drunk Driving Accident Involving Two Dallas Cowboys

Tue, 18 Dec 2012 11:11:19 -0500

As BIG football fans, your South Carolina accident lawyers at Howell and Christmas, LLC have posted numerous articles concerning America's most watched sport. Until now, however, posts have dealt primarily with player safety on the field; head injuries in the NFL and dangerously hot summer high school practices. Unfortunately today's post discusses a well-publicized tragedy surrounding the Dallas Cowboys and a fatal auto accident involving two of its defensive players.

Early last Saturday morning the two players were traveling on a State Highway 114 service road in Texas. According to Irving, Texas police, the 2007 Mercedes struck the outside curb, flipped at least once, and skidded an estimated 900 feet before coming to a stop in the middle of the road. The auto accident resulted in the wrongful death of one of the players, a 25-year-old linebacker on the Cowboys practice squad.

The driver of the vehicle, a nose tackle on the team, submitted to a field-sobriety test and was ultimately arrested at the scene of the accident, and later charged with intoxicated manslaughter, a second-degree felony charge that, if found guilty, carries a possible prison sentence of two to 20 years. Police have stated the the vehicle was traveling at a high rate of speed on the road, which has 45-mph posted speed limit.

Icy, Wintry Road Conditions Pose Serious Danger to South Carolina Motorists

Fri, 14 Dec 2012 13:18:47 -0500

With the weather getting colder in (some parts of) South Carolina, your Charleston personal injury attorneys are reminded of an auto and trucking accident case from the 1930s. The case presents the concept of a "duty to warn," and also serves as a great reminder for truckers and drivers to take extra precaution when traveling in wintry conditions.

Now into the meat of the case: A pair of Trucking Co. trucks stalled on an icy highway in South Carolina, completely blocking the road. Because of the position of the stalled trucks at the base of a hill, a car coming over the hill would not the trucks until they had come over the crest of the hill and started making its way down. Essentially, without effective warning, a car coming down the hill would be unable to avoid a collision with the stalled trucks.

In fact, there was a collision with a vehicle coming down the hill. The car's driver sued the trucking company for personal injuries suffered due to negligence on the part of trucks' drivers to post effective warning.

Greenville Man Sentenced in Connection with Fatal, Single-Vehicle Drunk Driving Accident

Mon, 16 Jul 2012 11:33:32 -0500

Today your Charleston negligence attorney took note of an article coming from the South Carolina Upstate in which a Greenville man was sentenced after pleading guilty to felony driving under the influence in connection to a fatal car accident. The accident occurred back in January 2011 when the 34-year-old man drove his wife's SUV off the side of a road in Cleveland, SC--located about 20 miles from Greenville, SC. The Travelers Rest Tribune reported that after driving off the road the man proceeded down a steep embankment and struck several trees, causing serious injury to passenger. Once the vehicle came to a stop, the man fled the scene leaving the vehicle's passenger still buckled in his seat. A passing motorist noticed the wrecked vehicle and had the good sense to dial 911, but, unfortunately, the passenger in the SUV was found deceased upon the arrival of EMS.

The man's departure from the scene of the accident reportedly led emergency personnel to believe the driver of the vehicle had been ejected from the SUV. Subsequent investigation by troopers of the South Carolina Highway Patrol, however, found that the crashed vehicle was registered to the driver's wife. An open container of beer and milk jug smelling strongly of some undisclosed type of alcohol were found inside the wrecked SUV. According to reports, an unidentified man came to the scene of the drunk driving accident and informed authorities that the driver-in-question had approached him earlier at his home, and solicited a ride to his own.

Authorities were able to apprehend the drunk driver after his wife brought him back to the scene of the accident. Authorities took note of the smell of alcohol about his person, and scrapes on his face, according to The Travelers Rest Tribune, prior to the man admitting he was the driver of the crashed SUV. The man was transported by EMS to a local emergency room, where a blood sample revealed marijuana metabolites and a blood alcohol content (BAC) of 0.111--well in excess of the legal limit of 0.08.

Update of Previous Entry Concerning a Sexual Assault at a Mt. Pleasant Hospice; Assailant Receives 30-Year Prison Sentence

Mon, 09 Jul 2012 13:26:28 -0500

Back in March of 2011 your Charleston, SC lawyers at Howell and Christmas, LLC posted a blog entry concerning a sexual assault on an elderly woman living in a Mt. Pleasant hospice. A week ago last Thursday the 56-year-old alleged attacker was convicted of raping the elderly woman, found guilty (but mentally ill) of first-degree criminal sexual conduct, and subsequently sentenced to 30 years in prison. According to a Local News Report, the solicitor for the Ninth Judicial Circuit actively sought the maximum imposed sentence upon the defendant, but disclosed that a 30-year prison sentence for the 56-year-old man is likely to serve as a life sentence.

The attack occurred in the early morning hours of February 12, 2011, when the then 54-year-old man entered an unlocked door at a Mt. Pleasant hospice, walked across the corridor to the victim's room, and proceeded to sexually assault the then 86-year-old patient. It was not until a nurse reportedly heard a scream that the attacked was discovered in the facility atop the hospice resident. Reportedly, in a statement given to authorities, the man imparted that he peered into one of the facility's windows before finding an entrance.

According to authorities, the convicted attacker was a homeless man with an extensive criminal history; including an 1982 arrested on charges of committing a lewd and lascivious act, and an 1987 arrest for buggery, which is a term adopted from British English and close in meaning to sodomy. As a criminal charge in South Carolina, it is classified under "Offenses Against Morality and Decency."

In connection with the instant case, the convicted attacker was also charged with trespassing, criminal domestic violence, petty larceny, possession of cocaine and meth, and public disorderly conduct. As mentioned, the man was determined to be mentally ill, but the presiding judge ruled him competent to stand trial after hearing from two psychiatrists. Mental competency may have become an issue once the attacker decided to waive his right to a jury trial, and, generally, the first question asked by the presiding court is, "Was the waiver given voluntarily?"

Charleston, SC Lawyers Talk Fireworks and Tips for a Safe Fourth

Thu, 28 Jun 2012 12:14:58 -0500

Cakes, snakes, spinners, shells, rockets, and candles all provide a fantastic way to celebrate the Fourth of July. And here in South Carolina, comparatively lax state laws concerning fireworks allow consumers to purchase bigger bangs than most other states. But with all that explosive fun comes the potential for serious injuries if not handled properly. With that in mind your Charleston personal injury lawyers and staff at Howell and Christmas, LLC would like to run through some quick firework tips, as well as provide additional resources, to celebrating our nation's independence safely.

Without a doubt the safest way to enjoy fireworks is through public displays conducted by professional pyrotechnicians. But if you prefer lighting them yourself its important to obey local laws and use common sense. The National Council of Fireworks Safety (NCFS) says to only use fireworks outdoors and always have water handy, whether it be a garden hose or simply a bucket of water. Before you even start your start lighting up the summer sky, take the time to choose an open area with a considerable distance away from spectators, homes, buildings, and dry vegetation. Use a garden hose to wet down your launch pad before firing, as this will help prevent your patriotic display from turning into an unwanted brushfire.

And while it may seem like a momentary stroke of genius to tether four bottle rockets together, it could prove disastrous. Experimentation with fireworks is one of the leading causes of firework related injuries, so do not try to alter or combine fireworks in any way. When it comes to those frustrating "duds," never attempt to relight it. Wait 20 minutes and then soak it in a bucket of water. Alcohol and fireworks do not mix, and the NCFS suggests designating a shooter in the same way you would designate a driver for a night out on the town. Even a small quantity of alcohol can impair one's judgment and ability to properly set up and use consumer fireworks safely. Despite seeming safer and more kid friendly, the tip of a sparkler burns at 2,000 degrees Fahrenheit--hot enough to melt some metals and cause potentially fatal third degree burns. Thus, to prevent an unfortunate child injury, it is best to keep sparklers out the hands of children under the age of 12.

Major Medication Error and Malpractice Lawsuits Outside South Carolina

Thu, 07 Jun 2012 13:19:01 -0500

Over the last few weeks your Charleston, SC attorney has been discussing serious injuries related to pharmaceutical and medication errors. Below are two unrelated instances in which middle-aged women entered hospitals for treatment of a specific condition, suffered complications due to hospital mistakes, and were ultimately much worse at release than when admitted to the respective hospitals' care.

A civil jury in the Bronx awarded a brain-damaged woman a sum around $120 million for a series of New York City hospital mistakes. The sum is the one of the largest ever awarded in a medical malpractice verdict in the State of New York. The brain injury stems from a February 2004 hospital visit for a seizure. According to the now 45-year-old woman's medical malpractice lawyer, medical personnel mismanaged the woman's medications, failed to respond swiftly to "crises" and did not provide essential treatments. After receiving anti-seizure medication, the woman suffered an allergic reaction, causing severe swelling in her face, eyes and throat. The condition is known as Stevens-Johnson Syndrome and is an extremely rare and severe skin disorder that is due to an allergic reaction or viral infection, and constitutes a dermatological emergency.

An appeal of the monstrous verdict appears to be imminent as the city claims the award is excessive, saying the judgment is neither consistent with the law nor the facts of the case. Citing that the woman earned less than $40,000 a year as a claims adjuster, but was awarded $10 million in lost earnings, and further explaining that her past medical costs totaling $583,000 (and covered by Medicaid) were compensated by the jury in the amount of $5 million. To note, it has been long been considered that civil juries in the Bronx are the most generous in New York City. In fact, a personal injury lawyer told the Associated Press in 1990 that "If I'm a plaintiff, I rather be there than anyplace in the world."

The woman's medical malpractice attorney was quick to point out that even if the specific awards mentioned above are excessive, combined they only amount to a little more than 10 percent of the total verdict.

Berkeley County Apartment Fire Ignited by Meth Lab Kills Three, Displaces Dozens

Wed, 06 Jun 2012 10:25:06 -0500

Since last Thursday Charleston area news coverage has been dominated by a Goose Creek apartment fire that has taken a total of four lives, including a young child and the girlfriend of the man accused by building residents for starting the fire. And your Charleston personal injury attorneys have taken a keen notice of new developments and information concerning this tragedy. Below there is a basic outline of the known facts surrounding the incident, as reported by local news sources. Additionally, there is some brief information detailing liability, nuisance, and negligence issues that may arise for property owners and landlords in the event of a meth lab explosion.

Authorities investigating the apartment fire have indicated the blaze was started by methamphetamine lab in one of the apartments. Local reports note that several residents logged complaints with the building's management prior to the blaze about suspicious behavior in, and strange smells coming from, the individual apartment that is alleged to have contained the lab. Tenants say their complaints were either ignored or met with threats by the complex's managers.

In sum, the fire is reported to have torn through 16 units of the apartment complex, displacing 46 of the building's residents, close to half of which are children.

Dental Practice Faces Civil Suits Related to Former Employee's Sexual Assaults on Sedated Patients

Thu, 24 May 2012 12:43:54 -0500

Your Charleston personal injury attorneys read yesterday that the Mid-Town Atlanta dental practice that employed a nurse anesthetist sentenced to life plus 25 years in prison for sexually assaulting sedated and unconscious patients now faces a pair of civil lawsuits. According to the Atlanta Journal-Constitution, the suits were filed by the parents of a 15-year-old girl and the other by an adult patient. The suits, filed in Fulton County state court, assert that the sexual assaults could have been prevented if the anesthetist had not been left alone with the patients and if the dental practice had taken proper steps to ensure the patients' safety while they were sedated. Further, the suits state the patients faced "an unreasonable risk" of harm.

According to the minor's suit, she arrived at the Marietta dental practice on July 29, 2009 for extensive surgery, left alone with the anesthetist and administered anesthesia, rendering her "unconscious, defenseless and completely dependent" on the anesthetist behind closed doors. The suit states the anesthetist lifted the minor's clothing and proceeded to record himself sexually assaulting the teen in her incapacitated state. Also according to the lawsuit, the 15-year-old, since the 2009 attack, "has suffered, and will continue to suffer for the rest of her life, physical and emotional injuries." Just three months earlier a similar such attack occurred at the same Marietta dental practice, according to the second lawsuit. The above-mentioned adult patient was awaiting surgery on April 29, 2009, and, again, was sedated, assaulted and videotaped while unconscious in the anesthetist's care.

Four months after the sexual assault on the teen (November 18, 2009), the anesthetist was arrested after a female visiting the dental practice discovered the anesthetist's cell phone attached beneath the bathroom sink with the phone's camera directed at the commode. Upon the phone's finding, police searched the device and found multiple images of women in the restroom. During his criminal trial, prosecutors described the anesthetist as a serial pervert who assaulted a total of 19 patients, including one during childbirth. To note, the anesthetist also worked at a Cobb Hospital. In addition, secret videotapes were discovered by authorities of women in the bathroom of his Marietta home. In an April 2011 bench trial, the anesthetist was found guilty on 34 charges that included sexual assault of a person in custody, aggravated sodomy, aggravated child molestation, and unlawful surveillance. In November he was sentenced to the aforementioned prison term and will not be eligible for parole for 55 years. Also at the bench trial, the anesthetist's criminal defense attorneys, at the request of their client, offered no defense and called no witnesses.

Wrongful Death Decision Prompts Discussion on Senior Citizens and Driving

Mon, 21 May 2012 16:27:32 -0500

A recent article found online by your Charleston personal injury attorney not only prompted a discussion of the case, but also the implications of aging as it relates to driving. The estate of a woman who died from serious injuries related to her being pinned between a concrete wall and a Cadillac operated has been awarded $525,000 in a New Jersey jury trial. According to an initial report, the 59-year-old woman was sitting in the front seat of the 2005 Cadillac STS, and was the driver's full-time home health aide. At the time of the serious car accident (2008), the male driver of the vehicle was 81-years-old and stems from the caregiver's getting out of the vehicle to direct the elderly gentleman into a parking spot at a local diner. After being struck and pinned the health aide was transported to a medical facility where she was subsequently pronounced dead.

Back in 2008 it was expected the 81-year-old man would be issued a court summons and requited to take a driver's license re-examination. See below for a more extensive look into elderly driving.

While both sides agreed that the elderly gentleman was negligent in the accident, at issue were the caregiver's job description, and whether the family could file suit. The defense argued that the caregiver, who was paid $100 a day to cook and clean, was an employee of the elderly man and died while in her capacity as his aid. Thus, because an employee injured or killed on the job is typically covered under workers' compensation, the caregiver's estate cannot sue an employer. By contrast, plaintiff's counsel likened the position to an independent contractor who would not be covered under workers' compensation. Therefore, the family is entitled to bring a wrongful death lawsuit. Further, plaintiff argued, since the elderly man did not expend payroll taxes and had no written contract with his caregiver, he was not her employer, and she was not covered under workers' compensation.

The two-week trial concluded with the eight-person jury siding with the plaintiff's argument, deeming the caregiver an independent contractor, and ultimately awarding the woman's family the aforementioned sum to the caregiver's family. While such sums are helpful in fulfilling a family member's last will and testament, as well as settling final expenses, no amount of money can return a mother and grandmother.

Jury Finds in Favor of Major Aluminum Producer in Cancer-Hazardous Waste Lawsuit

Tue, 08 May 2012 16:31:11 -0500

Your Charleston accident lawyers at Howell and Christmas, LLC have discussed work accidents and on the job injuries in the past, but more often then not the injuries covered here are the result of an immediate accident, or due to a repeated work related action. But there exists another class of work related injury that may or may not develop long after the job is done; we're talking about exposure to hazardous materials that are believed to be the source of certain cancers and other forms of serious disease. Detailed below is a lawsuit concerning the same, and shows the difficulty of establishing a causal link between toxic exposure and a specific illness.

After a more than two-week long trial an Indiana jury has returned a verdict in favor of major aluminum producer Alcoa. A former miner who worked at the Squaw Creek Mine site from 1977 until its closure in the early 1990s filed the $12 million lawsuit. The suit claimed that Alcoa’s dumping hazardous substances at the site caused the former miner’s cancer of the bile duct, which is a rare form of liver cancer. The now 56 year-old man also spent countless hours fishing, hunting, hiking, and target shooting around the site starting as a young child. The lawsuit sought to recover and provide future medical costs, loss of income, pain and suffering.

Jurors were told by the plaintiff's attorney that the former miner's estimated past medical costs, including four major surgeries, was greater than $480,000; future medical expenses could exceed $800,000, with an additional $50,000 to provide for his wife's medical monitoring for signs of developing cancer; combined loss of income for the couple was estimated at $1.3 million; and plaintiff sought another $9.5 for intangible losses such as pain and suffering.

According to reports, large amounts of industrial waste were dumped into portions of the mine starting in the mid-1960s until 1979. Such waste included coal tar pitch, spent pot linings from its aluminum smelting and a sludge that contained chromium. Chromium has long been known to be toxic and carcinogenic (capable of causing cancer) in large amounts and in certain forms. Alcoa acknowledged the dumping but has disputed the toxicity of the waste, where the waste was dumped, and how much of it was dumped. Further, Alcoa insisted it was in full compliance with state regulations.

Facts of a Thought Provoking Case Outlined and NFL Team Pays Tribute to Inspirational Former Player

Wed, 02 May 2012 15:24:34 -0500

Escorted from the airport two days in a row for erratic and highly disruptive public behavior, a young woman was taken into custody on the second day for her actions. At the time she was 21 and in college, and had been involved in a serious auto accident the previous year, which either caused or exacerbated an existing mental condition--bipolar disorder. Upon being arrested, the young woman's mental state was called into question. Despite having spoken to the young woman's stepfather and mother by phone, both of which disclosed her psychiatric illness, the arresting officer and other state agents deemed her behavior unrelated to a diagnosed mental condition. Rather, most officers and other state actors felt she was either a) under the influence of drugs or b) simply disgruntled and difficult because of her being taken into custody.

The young woman was released from custody on a personal recognizance bond, after displaying some rather disturbing behavior. She was released into the early evening; near a public-housing project with an exceptionally high crime rate, without having her cellphone returned to her; she was dressed in a cutoff top with a bare midriff, short shorts, and boots; and she is a well off white woman while the immediate population is predominately black and not affluent. Thus, the young woman obviously stood out as unfamiliar with the surrounding environment, making her a potential target for crime. To boot, she was released into a neighborhood with many abandoned apartment buildings waiting to be demolished. Vacant apartments, like vacant buildings, render an area more dangerous as they are known to provide a haven for criminals, and, therefore, criminal activity.

While free in this particular downtrodden neighborhood the young woman came into contact with a group of 15-20 individuals. Several young men led her into an uninhabited apartment building a few blocks from the police station she was released. Court records state that the young woman was made aware of her precarious and unsafe situation by the group, and suggested she should leave. The young woman, however, was too confused to act on that advice. Five hours removed from police custody, a man forced the group from the apartment, and raped the young woman at knifepoint. In an effort to escape, or in a further act of assault, the young woman left the apartment through a window; seven stories above the ground below. She may have jumped. She may have been pushed or thrown. Although she survived the sexual abuse and overall horrific experience, she cannot say exactly what happened as she suffered a traumatic brain injury from the fall, permanently reducing her brain function to that of a child.

Charleston Personal Injury Attorney Talks 'Distracted Driving'

Thu, 26 Apr 2012 12:14:49 -0500

While it may be mentioned often on the Howell and Christmas, LLC law blogs, distracted driving has yet to be a headliner, or the main topic of a Charleston car accident lawyer entry. Distracted driving constitutes any and all activities that direct a driver's attention away from the road, surrounding vehicles, and/or surrounding conditions that require focus for a driver to be safely operating his/her motor vehicle. Most often, when one thinks of a distracted driver, the image comes to mind of an individual with a hand on the wheel, phone in the other, while eyes dart back and forth between road and screen, seemingly far more concerned with the screen. But distracted driving goes well beyond the texting, checking an email, and making a phone call. Not to downplay the risk these cell phone related activities pose to someone behind the wheel, but even routine things like changing a CD can put lives in danger. Maybe yours. Maybe someone else's. Maybe both. It only takes one-second for everything to change when driving a car.

It is a common misconception that is distracted driving is only associated with inexperienced, text-obsessed teenage drivers. Distracted driving is not just a teen problem; it is an everyone problem according to Joel Feldman, founder of the nonprofit endDD.org. According to endDD.org, only 18 percent of distracted driving fatalities can be attributed to cellphone use, just about everything else accounts for the other 82 percent: eating and drinking; talking with other passengers; grooming; reading; using your vehicle's navigation system; and, as mentioned before, adjusting your music. Sure, many states have laws prohibiting drivers from using cell phones while operating a car, but it would be outrageous to expect legislators to wrestle with the language for an "anti-CD changing statute," besides reckless driving charges can include some of those above mentioned distractors. Thus, it is extremely important for all drivers to take it upon themselves to eliminate their own distracted driving practices. Doing so could make the difference between being responsible for a serious car accident, and avoiding certain collision.

'Distracted Doctoring' Allegedly Kills Two Elderly Patients

Wed, 25 Apr 2012 16:24:34 -0500

Your Charleston medical malpractice attorneys at Howell and Christmas, LLC recently read about a case in which a doctor is alleged to have prescribed ten times the normal dose of morphine to two elderly patients (aged 78 and 86) while he surfed the internet. The alleged drug overdose killed both of the patients at a home for Alzheimer's and dementia. Prosecutors are claiming that the drug was inappropriate for the patients' individual circumstances; reportedly the elderly patients were suffering from a number of health problems, including painful ulcers. Further, analysis of the records at the facility revealed that before handling the prescriptions the physician had not looked at the patients' records and was surfing the internet; using the practice computer for personal banking and emails, accessing news, and checking cricket results from India.

Prosecutors assert that the physician failed to carry out a clinical assessment of either of the two now deceased patients, as well as failed to adhere to guidelines for administering pain relief to elderly patients. For these alleged failures, the physician has been charged with manslaughter by gross negligence. The nursing staff and pharmacist, according to the prosecution, however, share the burden of responsibility in this pair of fatal medical errors. The nurses who administered the doses to the elderly patients did not question the accuracy of the prescription, and, equally, the pharmacist who filled the morphine prescription did not inquire as to the appropriateness of the prescription's concentration.

In court, the patients' family members spoke of their shock upon seeing their relatives after the alleged medical error, describing their loved ones in an obvious drug-induced state. The stepdaughter of the 86-year-old patient stated: "I was shocked at his appearance. I could see what looked like a little shrunken head with his mouth wide open and his eyes slammed shut. A nurse said he had been given some morphine the day before," according to reports.

A recent New York Times article explains that hospitals and doctors' offices, in an effort to reduce the frequency of medical errors, have invested heavily to put computers, smartphones, and other devices such as tablets into the hands of medical staff. The idea is that these devices will allow hospital staff and physicians instant access to patient data, drug and prescription information, and case studies. But like many cures, however, this technology-based "solution" comes with an unintended side effect: doctors, nurses, pharmacists, and other medical staff can be focused on an electronic device's screen and not the patient, even at times of critical care.