Posted On: October 27, 2008

Police Continue to Investigate Accidental Death of 11-Year-Old Boy Run Over by Oregon City School Bus

Police in Oregon are investigating a school bus accident in which Austin Takacs, 11, died while trying to catch the bus in Oregon City. The sixth grader was running next to the school bus, which had left the bus stop, when he tripped on his bag and fell into the road. Takacs, who was struck by the bus’s rear tires, was pronounced dead less than one hour later at St. Charles Mercy Hospital.

Austin’s mother, Nancy, students on the bus, and a few neighbors witnessed the catastrophic accident. The school bus driver, 67-year-old Rita Grivanos, told Oregon police that she did not see Takacs.

A police report, however, indicates that a number of the students on the bus called out to Grivanos that the boy was running next to the vehicle, but she may not have heard them. The bus was moving at approximately 5mph when it struck Takacs.

No citations have been filed against Grivanos, who collapsed after the tragic accident and was treated at St. Charles hospital. A 2006 evaluation rated the 67-year-old driver as “outstanding” and she has regularly received high performance marks for doing her job.

Grivanos is expected to be back at work shortly. Oregon City Schools Superintendent Mike Zalar says the school district did not play a role in causing the crash.

School Bus Accidents
About 17,000 children are treated in US emergency rooms each year for injuries they sustained in bus crashes. Common causes of school bus accidents include driver negligence, inadequate safety measures, defective bus and bus parts, dangerous roads, poor weather conditions, and poorly maintained buses.

Injuries that can be sustained in school bus accidents include broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, and death. School kids can also get hurt while riding a bus even if a traffic collision does not occur. Cuts and bruises can occur to kids roughhousing on the bus—especially when there is a lack of supervision—or from slip and fall accidents when getting on or off the bus.

If your son or daughter was injured in an Oregon school bus accident while riding the bus, getting on or off the bus, crossing the street as a pedestrian, or riding as a passenger in another vehicle, it is important that you explore your legal options as soon as possible.

Grief weighs heavily on boy's family in fatal Oregon bus accident, Toledo Blade, October 23, 2008

Boy, 11, killed trying to catch bus in Oregon, Toledo Blade, October 16, 2008


Related Web Resources:

School bus injuries much higher than thought, MSNBC.com/AP, November 6, 2006

New Federal Rule to Make School Buses Safer, DOT.gov, October 15, 2008

Continue reading " Police Continue to Investigate Accidental Death of 11-Year-Old Boy Run Over by Oregon City School Bus " »

Posted On: October 22, 2008

CPSC Recalls Nearly 1.6 Million Delta and Playkids Cribs After Two Babies Die

The US Consumer Product Safety Commission is recalling almost 1.6 million cribs after reports that two babies died in accidents involving defective crib hardware. In one case, a 5-month-old infant suffocated to death after getting caught between a Playkids USA convertible crib’s drop side rail and its mattress. In the other accident, an 8-month-old baby suffocated to death after becoming entrapped in a Delta Enterprise crib. Also in May 2007, another 8-month baby died in accident involving a Delta crib.

The voluntary recalls involve 2,000 Playkids USA portable convertible cribs and 1,585,000 Delta drop side cribs. The convertible cribs are being recalled because the mesh on the sides of the crib may expand to create a space that an infant might fall into, become entrapped, suffocate, and die.

The Delta drop side cribs were recalled because of safety peg issues. While 985,000 cribs are missing this necessary feature, the spring pegs on 600,000 Delta cribs may be prone to malfunction. The concern is that the missing or defective spring peg could cause the drop side of a crib to become detached and create a space that an infant might fall into. The Delta recall is being called one of the largest crib recalls in US history.

According to Kids in Danger, over 1,000 children have died over the last two decades because of injuries they sustained in cribs. Each year, some 10,000 children are admitted to hospital emergency rooms for crib-related injuries, with 22 kids dying from their injuries.

Examples of injuries caused by defective crib hardware include:

• Suffocation
• Asphyxiation
• Broken bones
Traumatic brain injuries
• Head injuries
• Gaseous poison from the crib mattress
• Entrapment

Federal law requires that all cribs come with warning labels, the correct instructions, and hardware that are free from defects. More details about the recalls can be found on the Consumer Product Safety Commission's Web site (see below).

The manufacturers of nursery furniture and other kids products have a responsibility to produce products that are free from hazardous defects. Failure to do so can be grounds for an Oregon personal injury claim or wrongful death lawsuit if a child is injured or dies because a crib was defective.

Staying Safe: Keeping your baby safe amid largest crib recall in history, KSL.com, October 21, 2008

Delta Recalls 1.6 Million Cribs, KSFY.com, October 21, 2008

Infant Death Prompts Recall of Convertible Cribs by Playkids USA; Crib Poses Entrapment and Suffocation Hazards, Marketwatch, October 16, 2008

Related Web Resources:
Recalls, CPSC.gov

Kids in Danger

Continue reading " CPSC Recalls Nearly 1.6 Million Delta and Playkids Cribs After Two Babies Die " »

Posted On: October 14, 2008

Pregnant Woman Dies in Oregon City Drunk Driving Accident

In Oregon City, a 26-year-old pregnant woman is dead and three others are injured following a high-speed auto collision on Saturday night. The deadly crash happened when a Toyota 4-Runner driven by Fernando Deanda Moreno, who was reportedly speeding, drove through a stop sign at the Davis and Linn Avenue intersection.

Deanda Moreno’s vehicle crashed into the Toyota Camry carrying Kay Blaser, who was two-months pregnant, and her fiancé, William Sargent. Sargent, who survived the crash with neck, collarbone, and back injuries was transported by air to Oregon Health and Science Center.

Deanda Moreno and one of the two passengers riding in his SUV were also injured in the crash. According to the Clackamas County Major Crime Teams, the 22-year-old motorist was driving drunk when the accident occurred. Following his release from the hospital, Deanda Moreno was arrested on charges of Assault and Manslaughter. Bail was set at $750,000.

Drunk Driving
Drunk driving is negligent driving that can cause serious injuries or deaths. Examples of the effects of alcohol on a driver:

• Reflexes are slowed down, which can slow a motorist’s reaction time
• Blurred or impaired vision
• Decrease in ability to concentrate
• Drowsiness
• Decrease in ability to assess distances between other vehicles and lanes
• Impaired coordination
• Decrease in ability to make decisions

Passengers injured by a drunk driver and the loved ones of victims killed in drunk driving accidents may be entitled to receive Oregon personal injury or wrongful death compensation.

Victim identified in fatal Oregon City accident, OregonLive.com, October 12, 2008

Man faces manslaughter, DUI in crash that killed pregnant woman, NWCN.com, October 13, 2008

Related Web Resources:

Driving and Alcohol, West Virginia University

2007 Alcohol-Impaired Driving Fatalities, NHTSA (PDF)

Continue reading " Pregnant Woman Dies in Oregon City Drunk Driving Accident " »

Posted On: October 10, 2008

Portland Nursing Home Workers Found Guilty of Felony Criminal Mistreatment in Death of Patient Who Was Dropped

In Oregon, two former Gateway Care and Retirement Center workers were found guilty of felony criminal mistreatment related to the death of a 60-year-old nursing home patient who was dropped while being transferred from a wheelchair to her bed. Linda Ober broke her legs in the fall, which took place at the nursing home on October 29, 2006. She died five days later after she was finally taken to a local hospital. Ober’s daughter, Sarah Cunningham, has already filed a $3.5 million wrongful death lawsuit against the nursing home.

The two former Gateway Care employees are Suzanne Ruddell and Cammy Elaine Nye. Ruddell, a former supervisor, reportedly failed to get Ober medical help even though she kept crying out and staff members kept saying that something was wrong with her. Ruddell also told a nurse not to complete the incident report about the fall and waited to order an X-ray for Ober until after she was told that the patient had a bone sticking out at a weird angle. Ruddell then went to the beach.

Nye, a certified nursing assistant, was found guilty of misdemeanor reckless endangerment for carelessly placing Ober in a sling right before she fell. Another nurse, Verna Colleen Heide, has already pleaded guilty to one count of criminal mistreatment. It was Heide who determined that Ober’s condition was fine after the fall.

Wrongful Death
Nursing homes and their workers are required to provided residents with proper care and supervision. When nursing home neglect, abuse, or failure to provide that care results in the death of a patient, the family of the deceased may be able to file an Oregon wrongful death claim against the home and its workers.

Cunningham’s Oregon wrongful lawsuit, filed in December 2007, alleges negligence and wrongful death. Cunningham says staff members told her mother that the pain was in her mind and the accident never occurred. Cunningham did not know her mother had been hurt until after she was notified of her death.

Gateway nursing home workers found guilty of criminal charges in death of 60-year-old patient who was dropped, The Oregonian, October 6, 2008

Closing arguments in Oregon nursing home death, KGW.com, October 6, 2008

Family Claims Wrongful Death In Nursing Home Lawsuit, KPTV.com, December 14, 2007


Related Web Resources:

Nursing Home Abuse and Neglect Resource Center

Gateway Care and Retirement Center

Posted On: October 6, 2008

Former North Bend High School Football Coach Dies in Oregon Motor Vehicle Collision

In Oregon, a former North Bend High School football coach died on Friday from injuries he sustained in a motor vehicle crash. Howard Johnson, 72, was declared dead at the accident scene located on Highway 138W near Sutherlin.

Johnson, who is said to be the longest tenured football coach in the school’s history, and Boyd Bjorkquist, the high school’s athletic director, were headed to Sutherlin to watch the team play when the driver of a 2005 Jeep Wrangler lost control of her vehicle and crashed into the 1999 Cadillac Seville that Johnson was driving.

Bjorkquist sustained minor injuries from the crash, and he was treated at Mercy Medical Center for his injuries. The Jeep’s driver, 33-year-old Jennifer Sines, and her two-year-old son were taken to the same hospital for treatment of their non-life-threatening injuries.

Johnson was the Bulldogs' coach from 1971 to 1992. Following his retirement from coaching, he continued to stay actively involved with North Bend High School. The Oregon State Police, who are continuing to investigate the cause of the accident, say the road conditions were wet at the time of the crash.

According to the National Highway Traffic Safety Administration, there were 455 motor vehicle accident deaths in Oregon last year—a slight decrease compared to the 478 auto accident deaths that occurred in the state in 2006.

Auto crashes are a leading cause of serious injuries and deaths in the United States. Nationally, there were 41,059 motor vehicle deaths in the US in 2007.

Former North Bend football coach dies in crash, TheWorldLink.com, October 5, 2008

Crash kills former North Bend football coach, KPIC.com, October 5, 2008


Related Web Resources:

2007 Traffic Safety Annual Assessment - Highlights, NHTSA (PDF)

Oregon Department of Transportation

Continue reading " Former North Bend High School Football Coach Dies in Oregon Motor Vehicle Collision " »

Posted On: October 1, 2008

Oregon State Police Say Commercial Truck Driver Was on Meth When He Struck and Killed Another Trucker on Siskiyou Summit

Police in Oregon have arrested Daniel Clarence Clarey, a 54-year-old trucker, for the death of another truck driver, 52-year-old Kelly Linhart. The truck accident occurred last Thursday on the Siskiyou Summit. Clarey has been charged with driving under the influence and possession of methamphetamine, as well as negligent homicide.

According to Oregon State Police, Clarey was driving his 1996 Freightliner on Interstate 5 when he struck Linhart, who was standing outside his 2005 Volvo commercial truck while inspecting the vehicle. Witnesses say that Linhart tried to move out of Clarey’s way.

Oregon Truck Accidents
According to the Oregon Department of Transportation:

• 2,009 truckers were involved in truck crashes in the state in 2007.
• At least 13 of these truckers were driving while under the influence of drugs, alcohol, or medication.

Also last week, the ODOT and OSP conducted a trucker safety inspection that found that 10% of the truckers and trucks that were checked at the Klamath Falls entry port on Highway 97 had problems. Of the 342 trucks that were examined over a 2-day period:

• 31 of the trucks had serious safety violations.
• 36 of the drivers committed violations.
• 4 truckers were arrested for driving under the influence.
• 1 truck driver was on the road even though his license was suspended.
• 3 truck drivers were driving even though they were extremely exhausted.

If you or someone you love was seriously injured in an Oregon truck accident, you may be entitled to personal injury compensation. Truck crashes are complicated injury cases to prove, which is why you must speak with an experienced Oregon truck crash lawyer about your case.

Commercial truck companies are equipped to protect their companies and their truck drivers from liability even if they are at fault, so it is important that you work with a personal injury law firm that knows how to protect your right to financial recovery.

Driver in fatal crash faces homicide, drug charges, Mail Tribune, September 27, 2008

POLICE: Truck Driver Was On Meth in Fatal Accident, KTVL.com, September 26, 2008


Related Web Resources:

Oregon Department of Transportation

Oregon State Police


Continue reading " Oregon State Police Say Commercial Truck Driver Was on Meth When He Struck and Killed Another Trucker on Siskiyou Summit " »