Unsafe Road to Blame in Fatal Auto Accident
In many cases of automobile accident litigation, the defendant in the case is a driver whose careless, reckless, distracted, or drunk driving caused or contributed to an accident. However, effective Oklahoma City auto accident lawyers carefully investigate each case to determine all potentially at-fault parties. Often, they discover that poor roadway design or maintenance is at least partly to blame for an accident. Insufficient warnings and signage, poor maintenance, and inadequate safety features can all contribute to a serious or fatal car accident.
A tragic accident near the Bronx Zoo in New York this weekend confirms the importance of proper roadway design in ensuring driver safety. Over the weekend, a Honda Pilot carrying seven members of the same family clipped a highway divider, damaging a tire. The driver of the vehicle, Maria Gonzales, 45, lost control of the vehicle. It crossed three lanes of traffic, striking a curb that launched the SUV over a four foot guardrail, sending the vehicle plunging off the elevated highway and onto the ground six stories below.
Killed in the accident were Gonzales; her 10-year-old daughter Jocelyn; Gonzales's parents, Jacob Nunez, 85, and Ana Julia Martinez, 81; Gonzales's sister, Maria Nunez, 39; and Nunez's two daughters, Niely Rosario, 7, and Marly Rosaria, 3. At the time of the accident, the family was en route to a family gathering. There were no survivors in the accident.
Safety officials with the American Automobile Association (AAA) say that the poor design and inadequate safety features of the roadway are at least partially to blame for the accident. According to Robert Sinclair, spokesman for the New York office of the AAA, the Bronx River Parkway, built in 1925, does not have the modern safety technology features for today's traffic needs. He says that three sections of the parkway, including one at the accident site, appear on the state's "5 percent list," a federally mandated list defining the locations "exhibiting the most severe highway safety needs." Items of concern include:
- Four-foot guardrails deemed inadequate for an elevated highway
- A two-foot curb, inappropriate for a high-speed highway, because it serves as a "launching pad" sending vehicles airborne
- Limited sight distance
Last year, a vehicle fell off the highway on the same stretch of road.
For survivors of serious accidents, catastrophic injuries may result in permanent disability and a lifetime of medical care. For family members of those killed in fatal accidents, overwhelming grief and financial burdens can seem insurmountable. An Oklahoma auto accident attorney can help you achieve some measure of justice and relief by pursuing financial compensation from those liable for your injuries and losses. To find out more, call Phillips & Bailey to speak with an experienced car accident lawyer in Oklahoma City.
Cat, Baby Test Positive for Meth in Separate Oklahoma Drug Cases
Like many states, Oklahoma has a significant meth problem. Nationally, meth lab seizures have increased 577% since 1995, and the DEA reports that the "drug of choice" in Oklahoma is methamphetamine. Last year, a Tulsa reporter claimed that police across the nation have dubbed Tulsa "The Meth Capital of the U.S." Oklahoma drug lawyers understand the toll meth use and abuse can have on everyone involved, including not only the meth manufacturers, dealers, and addicts, but also the innocent victims of this incipient drug: from taxpayers, law enforcement agencies, and fire departments to neighbors of meth houses and children and animals who live under dangerous conditions surrounded by meth labs.
In separate incidents recently, both a cat and an infant tested positive for meth near Tulsa. The cat was found at a Catoosa home that was raided in a drug bust on April 15. The raid revealed multiple one-pot meth labs (a common method for manufacturing meth in Oklahoma). Though several cats were in the home, the one in the worst condition was taken from the home to be treated at a local veterinarian's office. The cat, who was extremely malnourished and neglected, tested positive for meth. The veterinarian said that although it did not appear that the cat had ingested the drug, the chemicals were found in its blood stream from living in the environment containing at least thirty one-pot meth labs.
On April 24, police arrested a Skiatook woman after her 8-month-old daughter tested positive for meth at St. Francis Hospital in Tulsa. According to police, Amy Lynn Daugherty, 25, sought the advice of a family friend with medical training when she found her infant daughter limp and unresponsive. Emergency personnel transported the infant and her mother to the Tulsa hospital, where the baby tested positive for high levels of meth. Daugherty told police that a few days before, she and her daughter had been present in a home where meth and marijuana were being used. She reportedly told authorities that her daughter had never been out of her supervision and that she did not know how it was possible that the baby had ingested methamphetamine. Daugherty was arrested on a complaint of child neglect, with bail set at $25,000. The injured infant, her twin sister, and a 5-year-old brother were taken in to protective custody by DHS.
The manufacture of methamphetamine is relatively cheap and easy; however, meth labs are fraught with inherent dangers from burns, explosions, and accidental ingestion. Because of the dangers of meth and the high cost of addiction, meth manufacturing, distribution, and possession are prosecuted vigorously. If you or someone you love has been accused of a meth offense, contact an experienced Oklahoma drug defense attorney today.
Playground Accident Injuries in Oklahoma
As the Oklahoma weather continues to warm, but ahead of the blistering dog days of summer, local playgrounds are buzzing with children enjoying the spring weather. Oklahoma child injury lawyers would like to take this opportunity to remind families to use caution and be aware of potential hazards of playgrounds and playground equipment.
At least two Oklahoma children's deaths have been attributed to playground accidents since late August 2010.
On August 19, 2010, nine year old Alyssa Avila suffered a head injury on the playground at Wyandotte Elementary School. Alyssa had been playing on the X-Wave, a new piece of playground equipment, when she fell off. Though she suffered no injuries from the fall itself, the X-Wave struck the girl on the head as she attempted to get up. She was transported to the hospital, where she died approximately two hours after sustaining the injury. Cathy Collins, the mother of the girl, has filed a lawsuit in her daughter's death, naming Xccent, Inc., manufacturer of the X-Wave; Noah's Parks and Playgrounds, of Edmond, which sold the X-Wave to Wyandotte Elementary School; and Wyandotte Public Schools as defendants.
On November 11, 2011, the body of nine-year-old Hannah Todd was found buried in a sandbox at a Tulsa playground. Investigators say that children liked to dig tunnels in the sand, and that Hannah's death was likely the result of a tragic playground accident.
Oklahoma City playground accident lawyers understand that most parents work diligently to protect their children, but a new report from pediatric orthopedists around the nation is showing that one "protective measure" taken by parents is responsible for a dramatic increase in one specific playground injury. According to a Yahoo! article by Lylah M. Alphonse, one pediatric orthopedist began seeing so many cases of toddlers with broken legs that he began to evaluate the cause. In less than one year, Dr. John Gaffney of Winthrop University Hospital saw fifty eight cases of children with broken tibia (shin bones). In thirteen of those cases, the children had broken their legs while going down a slide on the lap of a parent or older sibling.
Many parents choose to ride the slide with their toddlers to try to keep their little ones safe from falling. However, if the child's shoe snags on the side or bottom of the slide, there is a good chance the child's leg will break as a result. A child sliding alone is generally able to stop himself or herself to free the leg, but in the lap of a child, the velocity is too great, and the parent generally does not even realize their child has been injured until they reach the bottom of the slide.
Experts caution parents from sliding with their children, saying that if a child is too young to slide unaccompanied, then he or she is too young for the slide and should find a more age-appropriate piece of playground equipment.
While some injuries result from unfortunate accidents, others could be prevented if playground equipment is properly designed and maintained and if those responsible for the park or playground implement safety measures on the equipment and surrounding grounds. If your child's playground accident was caused by the negligence of another person or entity, call an Oklahoma City child injury lawyer for help.
Oklahoma County Traffic Checkpoint Planned for Weekend
Law enforcement officers from several local agencies have planned a sobriety checkpoint and traffic enforcement night for Saturday night, April 28, 2012. Drivers caught at the checkpoint or pulled over during increased patrols may find themselves in need of an Oklahoma City DUI lawyer if they choose to drink before driving.
According to local media reports, the traffic enforcement night is being planned and implemented by the Oklahoma County Sheriff's Department, the Oklahoma Highway Patrol, and other law enforcement officers. While the agencies have not identified the specific location of any checkpoint or checkpoints, they say that in addition to any DUI roadblocks, there will also be increased patrols searching for traffic violations.
While sobriety checkpoints often result in a handful of Oklahoma City DUI arrests, more frequently, these traffic checkpoints yield warnings and citations for violations such as expired tags, lack of insurance, and minor infractions. Usually, there are also arrests of individuals with outstanding warrants.
Any Oklahoma DUI lawyer can advise you that the only way to avoid being arrested for driving under the influence is to avoid drinking before driving. If you choose to drink and drive, you risk arrest and conviction of DUI charges. Conviction may lead to jail or prison, significant fines, loss of driver's license, installation of Ignition Interlock at driver's expense, alcohol treatment and monitoring, and community service. Losing your license impacts your ability to attend work, school, church, and even run simple errands without relying on others for help.
While Oklahoma DUI is generally defined as driving with a blood alcohol concentration (BAC) of 0.08 or above, there are certain conditions--such as underage drinking and driving--that can lead to a DUI or alcohol-related driving offense with a BAC much lower than 0.08. You can be arrested for DWI (driving while impaired) with a BAC between 0.05 and 0.08, and you can be arrested for APC (actual physical control) even if you are not driving.
If you are arrested for DUI or any other serious traffic offense, it is important to contact a qualified attorney as soon as possible. An experienced Oklahoma DUI attorney can help you understand the specific charge you face and the penalties that may be associated with conviction. Through careful analysis of the specific details of your case, your attorney can craft a strong defense that may be able to help you avoid jail. Dismissal of the charge following an illegal traffic stop, reduction of the charges, and deferred sentencing may all be options that help you quickly get back on track following a DUI arrest in Oklahoma.
Oklahoma City Oil Rig Accident Claims Man
An oil rig accident in Oklahoma City claimed the life of a man last night. Paramedics and firefighters responded at approximately 10:00 p.m. to a call that a man had been crushed in the rig. While crews were able to free the man from the accident site, located at 3400 SE 59th in Oklahoma City, he was in full cardiac arrest and died of his injuries.
Oklahoma City personal injury lawyers know that oil field workers are subject to some of the most catastrophic injuries sustained in workplace accidents. Oil field and oil rig workers must be constantly aware of occupational and environmental hazards that can cause serious or fatal injuries. However, even the most vigilant and safety-conscious workers can suffer devastating injury in an oil field accident. Most workers injured in oil rig accidents or oil field accidents are entitled to Workers Compensation. An Oklahoma Workers compensation lawyer can help these accident victims receive the full benefit to which they are entitled.
If the accident was a preventable accident caused by negligence, a personal injury lawsuit may allow for greater compensation. An Oklahoma oil field accident lawyer can help the injured party bring a personal injury or wrongful death lawsuit against those whose negligence caused or contributed to the accident.
Oil field accidents include extremely dangerous accidents such as:
- Oil rig collapse
- Falls
- Explosions
- Exposure to toxic fumes
- Defective machinery
- Equipment malfunction
Injuries sustained in oil field accidents are often severe, including lung damage, burns, traumatic brain injury (TBI), spinal cord injury, crush injuries, broken bones, and amputation. The most catastrophic injuries often result in the worker's death. Family members of the deceased worker may be able to find financial stability in the aftermath of the accident by filing a wrongful death suit.
Whether fighting to ensure you get the Oklahoma Workers Compensation benefits you need and deserve or aggressively litigating for maximum financial compensation through a personal injury or wrongful death lawsuit, it is important to proceed with experienced legal representation. A skillful attorney can determine if your settlement offer is adequate, and if it is not, he or she can aggressively pursue the fullest measure of compensation available to you. Following a serious workplace accident, you and your family need compensation for medical bills, lost wages, loss of benefits, lost or reduced income and earning potential, pain and suffering, burial expenses, and other associated costs. Find an Oklahoma personal injury lawyer who can help you fight to protect you and your family following a serious or fatal job site accident.
Oklahoma Man Accused of Rape of Two Others
While rape is often considered a crime against women, Oklahoma rape defense lawyers know that anyone can be accused and anyone can be a victim. While rape is probably most commonly committed by women against men, there are a number of scenarios in which rape occurs. Rape occurs whenever the victim, regardless of gender, does not consent to sex or is legally unable to consent to sex, and is forced or coerced into sexual intercourse with the perpetrator, regardless of gender.
In an unusual case out of Tulsa, Oklahoma, last week, a 19-year-old Vici man was accused of the rape of two men in separate incidents on consecutive days. Allegedly, Brandon Brady raped each of two men with whom he was sharing a room at the Doubletree Hotel in downtown Tulsa. Police say the men were staying at the hotel for an event, and the facility's website shows the only scheduled convention to be a meeting for CareerTech students and faculty.
According to police, Brady is accused of raping one man while the alleged victim was attempting to shower at approximately 7:00 p.m. last Sunday. He is then accused of raping the second man at approximately 7:30 p.m. the following evening as the alleged victim attempted to use the bathroom.
Brady was arrested at approximately 3:15 a.m. on Tuesday morning and taken to the Tulsa County jail on two complaints of first degree rape. His bail was set at $100,00o.
Oklahoma rape attorneys represent defendants accused of rape and other sex crimes. These defendants are frequently men, but women are often accused as well, particularly in cases of rape of minors. It is unusual, though not impossible, for a woman to be accused of raping a grown man. Sometimes this occurs when the victim is legally unable to consent to sex, as in the case of female correctional officers having sex with inmates. In a recent unusual case, an Australian woman was accused of rape after allegedly breaking into her male victim's home and forcible performing oral sex on him. Rebecca Elder, 39, was charged with aggravated serious criminal trespass and rape.
Regardless of the gender of the defendant or alleged victim, rape charges may be filed against anyone accused of having sex with someone who did not consent or was legally unable to consent due to age, mental incapacity, or custody or supervision. If you or someone you love has been accused of rape, call an experienced rape defense lawyer in Oklahoma as soon as possible.
Video Reveals Oklahoma City Nursing Home Abuse
Oklahoma City nursing home abuse lawyers represent families of patients who have been abused or neglected in nursing homes and long term care facilities. These personal injury attorneys understand that the decision to place a loved one in a nursing home or assisted living facility is difficult, and with stories of nursing home neglect and abuse continuing to make headlines, the decision becomes even more complicated.
Earlier this week, police arrested two nursing assistants with the Quail Creek Nursing and Rehabilitation Center in Oklahoma City, after a secretly recorded video showed one employee abusing a patient while the other looked on and did nothing to stop the abuse. Arrested were Lucy Waithira Gakunga, 23, and Caroline Kaseke, 28. Each woman was arrested on one complaint of neglect by a caretaker.
Family members of a patient at the facility placed the video camera in the 96-year-old woman's room after they began to suspect someone was stealing from her. According to an incident report, the video instead revealed Lucy Gakunga slapping the patient in the face with latex gloves, then forcing the gloves into her mouth while the patient tried to push her hands away. Gakunga then lifted the patient into bed and pushed the side of her face to force her to lie down and compressed her chest, although nursing home administrators say there was no medical reason for the chest compression. Caroline Kaseke witnessed the abuse but did nothing to stop it or to help the victim.
Upon seeing the video, family members notified a nursing home administrator who alerted police.
While Gakunga and Kaseke will likely face criminal charges for the nursing home abuse, the family may also consider hiring an Oklahoma City nursing home litigation attorney. Though a criminal case may result in punishment of the abusers, a civil case can yield financial compensation for the victim and her family. The facility was entrusted with the care of the elderly woman who suffers from dementia and painful arthritis; instead, she was subject to the abuse of her caretakers. In nursing home litigation, victims may be able to receive compensation for medical expenses, pain and suffering, and more.
If you suspect your loved one is the victim of nursing home abuse or neglect, take immediate action to safeguard your loved one. Talk to the facility's administrators or notify police if you have specific evidence of abuse. Contact an experienced nursing home abuse lawyer in Oklahoma City to find out how you can protect your loved one and receive compensation for the damage done to your loved one.
No Contest Plea for Woman Accused of Child Rape in Oklahoma
Amy Marie Blose, 38, of Norman, Oklahoma, has entered a plea of no contest in Cleveland County District Court after she was charged with multiple felonies after an alleged sexual relationship with a 13-year-old boy. She is being held without bail pending sentencing June 15. Originally released on $20,000 bail, Blose had her bail revoked after she attempted to contact the victim in violation of a court order.
Blose is accused of having a sexual relationship with the teen, who was a friend of her daughter. She faces up to life in prison for fifteen counts of first-degree rape, five counts of lewd acts with a minor, three counts of forcible oral sodomy, and one count of lewd or indecent proposals to a minor. Though her no contest plea places her at the mercy of the court, she will be required to register as an Oklahoma sex offender for life even if she does not receive a life sentence to prison.
Her no contest plea was likely advised by her Oklahoma sex crimes defense lawyer. Most people do not understand the difference between a guilty plea and a plea of no contest, and a skillful attorney will closely advise his or her clients on which plea is likely to provide the best outcome.
An Oklahoma City criminal defense attorney can explain the possible plea options and the advantages and disadvantages to each. Essentially, a defendant has three plea options: not guilty, guilty, or nolo contendere (no contest).
In a not guilty plea, the defendant maintains his or her own innocence. By pleading not guilty, the defendant chooses to have his or her case go to trial to be decided by a judge or jury.
In a guilty plea, the defendant admits to the crime or crimes of which he or she is accused. By pleading not guilty, the defendant avoids the time and expense of a jury trial and accepts the conviction and sentencing of the judge.
A plea of no contest has a similar outcome to a guilty plea: there is no trial, the defendant is convicted of a crime, and the judge issues any sentence. In a no contest plea, the defendant admits no guilt; rather, the defendant chooses not to fight the charges at trial. A nolo contendere plea may offer some relief from civil litigation related to the criminal charge.
Another possible plea option in Oklahoma is the "Alford plea." An Alford plea is similar to a no contest plea. However, whereas a plea of no contest neither accepts nor denies guilt, in an Alford plea, the defendant proclaims his or her innocence. By making an Alford plea, the defendant says that, although he or she is innocent of the charges, the prosecution's evidence would likely result in conviction. The defendant chooses the court's judgment over a jury trial.
If you have been charged with a criminal offense, your Oklahoma defense lawyer should carefully explain your options for pleading and should make sure you understand the advantages, disadvantages, and likelihood of success for each plea. Before making a plea, be certain your attorney has fully explained the options available to you and how each is likely to impact your case.
Da Vinci Surgical Robot Leads to Medical Malpractice Lawsuits
Medical technologies are intended to improve upon existing technologies, bettering patient outcomes and reducing risks of treatment. Unfortunately, sometimes these technologies are placed in the hands of surgeons before the product has been thoroughly tested or before surgeons have received adequate training in their use. According to medical malpractice attorneys in Oklahoma City and around the nation, this is the case with the da Vinci surgical robot created by Intuitive Surgical.
The da Vinci robot is designed to improve a surgeon's range of motion during surgeries such as hysterectomies and prostate removal, but the machine is also being used in gall bladder removal, gastric bypass, and thyroid cancer surgeries. The da Vinci is intended to facilitate these minimally invasive surgeries by granting greater range of vision and motion, minimizing patient blood loss, and speeding recovery. Unfortunately, for victims of botched surgeries, the da Vinci does not seem to be worth its million dollar price tag.
Since 2003, the da Vinci has been implicated in a number of medical malpractice lawsuits and wrongful death cases. Initially, the lawsuits were levied against physicians plaintiffs say were ill-equipped to use the new technology. However, more recent cases have been filed against Intuitive Surgical, manufacturer and marketer of the da Vinci surgical robot. These lawsuits claim that the device is defective, Intuitive Surgical's marketing techniques are unethical, and the company fails to provide adequate training in the use of the device before certifying physicians. Oklahoma City medical malpractice lawyers are watching these developments closely.
Some of the multi-million dollar lawsuits involving botched surgeries using the da Vinci robot include:
- December 2003: the widow of a man whose aorta and vena cava were cut during surgery to remove a cancerous kidney sued St. Joseph's hospital, saying it allowed physicians with inadequate experience to use the machine and alleging that the hospital was more concerned about getting an opportunity to utilize the new technology than providing proper patient care
- May 2010: a woman who had both of her ureters severed during a hysterectomy sued Wentworth-Douglass hospital, alleging that the surgeons responsible for her surgery lacked adequate training to use the da Vinci surgical robot
- February 2012: the family of a man whose lower intestine was punctured during spleen removal was awarded $7.5 million; the man's injury was not discovered until two weeks after his surgery, at which time it was too late to save him; the doctor in the case testified that it was the first time he had used the da Vinci on a live patient
- March 2012: the father of a 24-year-old woman who died two weeks after a hysterectomy that burned an artery and her intestines filed the first lawsuit against Intuitive Surgical alleging that the da Vinci robot is a defective medical device
- April 2012: a couple has named Intuitive Surgical in a $490 million lawsuit after the woman's left ureter and bladder were damaged during a hysterectomy; the couple is suing for including pain & suffering, negligence, fraud, breach of warranty, unjust enrichment, and loss of consortium
If you or a loved one has suffered severe or fatal injuries as a result of a botched surgery, it is important that you seek legal counsel from a qualified Oklahoma medical malpractice lawyer as soon as possible. Whether your surgical malpractice case is the result of poorly trained physicians, careless surgeons, or defective medical equipment, you deserve compensation for your suffering.
Teens Charged as Youthful Offenders in Alleged Oklahoma Rape
Oklahoma City juvenile sex offense attorneys represent clients under the age of 18 who have been charged with sex offenses that would be considered a crime if perpetrated by an adult. In a recent case out of Choctaw, Oklahoma, two teens have been charged as youthful offenders, a 19-year-old man has been criminally charged, and two other younger teens may face charges.
On Friday, 17-year-old Kody Matthew Koonce of Choctaw and 17-year-old Cody Gene McGee of Jones were charged with first degree rape and forcible oral sodomy in Oklahoma County District Court. The boys are alleged to have raped a 17-year-old girl with Down Syndrome on February 12 of this year. Two younger boys, at least one of whom was only 14 at the time, are also accused of participating in the sexual assault against the girl, who is said to have the mental capacity of a 5 or 6 year old.
Allegedly, Koonce, McGee, and a third boy raped the girl at a Choctaw residence. The three teens and a fourth boy allegedly also performed oral sex on the girl. A 19-year-old man who was allegedly present at the time of the assault has been charged with abuse or neglect of a child. The man, Rusty Begay, is also charged with forcible oral sodomy for allegedly performing oral sex on one of the boys involved, who was 14 at the time.
Though the alleged victim was 17 at the time of the incident, and above the legal age of consent, her mental capacity as a result of Down Syndrome makes her unable to legally consent. According to Oklahoma rape laws, it is considered rape in the first degree if the rape is "committed upon a person incapable through mental illness or any unsoundness of mind of giving legal consent regardless of the age of the person committing the crime."
If your child has been accused of a sex offense, it is important to find an Oklahoma sex crimes lawyer who is experienced at handling juvenile cases. An Oklahoma juvenile sex crime lawyer will represent your child for the best possible outcome, working carefully to avoid having your child, as a criminal defendant, become a victim of inflated charges and overzealous prosecution.