Articles Posted in Motor Vehicle Collisions

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by McAleer Law Firm

Drinking and Driving Kills
A North Carolina jury recently awarded a young couple $1.7 million in a lawsuit against a local restaurant, Eddie’s Place.   On October 20, 2010, 25-year-old David Canter Huffman was speeding after leaving the restaurant and crossed over the center line and hit Matt and Meredith Eastridge’s car.  Mr. Huffman died in the crash as did the Plaintiffs’ unborn son.  Mrs. Eastridge was a front-seat passenger and was six months pregnant at the time.

Mr. Huffman had been drinking at Eddie’s Place and had a blood alcohol level that was nearly three times the legal limit.

Such a suit is brought under a state’s Dram Shop laws which are in place to protect the public from not only intoxicated drivers but also from bars, night clubs and restaurants that serve alcoholic beverages to guests who are noticeably intoxicated, knowing that these guests are  likely to be driving.

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by McAleer Law Firm

The National Highway Traffic Safety Administration (NHTSA) has launched an investigation into whether more than 300,000 Ford Taurus and Mercury Sable vehicles have “sticky” throttles that can cause unintended acceleration.  The agency believes that throttles are sticking at 26-percent open due to a fractured speed-control cable. No recall has been issued as of yet.  For defective car and product information, contact the McAleer Law Firm.

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by McAleer Law Firm

Drinking and Driving Kills - Dram Shop Liability
A lawsuit has been filed against  bar owner, Yassine Enterprises, by the family of a young woman who was severely injured in a vehicle-pedestrian collision. The family alleged in its lawsuit that the two bars owned by the company over served alcohol to the 22-year-old driver of the vehicle at fault. According to investigators, the driver of the vehicle drove while intoxicated and hit the young woman, the pedestrian, who was left with severe physical and brain damages after the crash.

The parents of the young woman filed the civil suit seeking damages from Yassine Enterprises. They accuse the bars of serving alcohol to the driver of the vehicle despite his obvious intoxication. He had been drinking, according to the lawsuit, from about 11:50 p.m. until about 2 a.m. The driver was served alcohol at two bars, owned by Yassine Enterprises, during that time and was allowed to drive away in a car in an intoxicated condition.

It is further alleged that as the driver approached an intersection in his car, he ran a red light and slammed into the young woman and two of her friends; the driver fled the scene and was later caught. The young woman struggled for life for three weeks in a hospital in a coma. After coming out of the coma, she underwent extensive physical therapy, but was left permanently disabled with little short-term memory and trouble communicating.

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by McAleer Law Firm

The parents of Frederick S. “Joe” Kareta III, who was run over and killed while checking the mail at his aunt’s home in New York have sued the driver of the car that struck him and the golf club where they allege the driver had been drinking alcohol.

Claiming $3 million in damages, Kareta’s parents, Frederick Kareta Jr. and Kathryn Kareta filed a lawsuit in April, claiming Orchards Club LLC served too much alcohol to the drunk driver who killed 22-year-old Joe.

In Georgia, when a provider of alcoholic beverages serves someone who is noticeably intoxicated, knowing that person may soon be driving, that provider can be held responsible for injuries caused.   This is what is known as a Dram Shop action.

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by McAleer Law Firm

In August, Ashley Hollyfield, a mother of two and former Gold Club employee, was killed while driving home intoxicated after leaving the exotic dancing establishment.

On Sept. 30, her parents, Duane and Susan Willis, filed suit against Fannett Entertainment, doing business as Gold Club, in court. Hollyfield’s minor children are also listed as plaintiffs in the suit.

According to the lawsuit, Gold Club allegedly encourages its employees to drink while working to increase its profits. On the night of Aug. 2, Hollyfield was drinking alcohol while in the course and scope of her employment as a waitress.

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According to a Rochester, NY ruling, Deputy John DiDomenico was negligent when he rear-ended a car in stop-and-go traffic in 2004 while responding to a burglary call.

DiDomenico was driving below the speed limit without engaging his lights or siren, and smashed into the another car when he became distracted by his computer.

Yasmin Kabir, the driver of the other car, underwent spinal surgery and claims she is permanently injured.

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The California Courts have awarded a grandmother $3 million in a wrongful death suit stemming from a 2010 car accident.

The traumatic accident occurred when an 81-year-old woman driving a Hyundai made an unsafe turn at an estimated 50 mph and collided into the center median, turning head-on into a Mazda holding two grandparents and their three grandchildren.

The grandmother’s husband of 48 years was killed in the accident and her three grandchildren were severely injured.

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A California jury ordered Ford Motor Co. to pay $73 million to two people who were injured, and to one family of a person who was killed, in a van rollover accident.

On April 9, 2004, a 15-passenger Econoline van was transporting the Fair Oaks Presbyterian Church musical youth group when the tread on the rear right tire separated, causing the van to flip four times at 70 miles per hour.

The jury at the trial found Ford responsible for 59 percent of the crash because, according to evidence at the trial, Ford knew about the defected tires but did not notify the public to warn them.

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The actor-husband of Valerie Harper, better known as Rhoda Morgenstern on “The Mary Tyler Moore Show” and “Rhoda” in the 1970s, has been awarded $156,000 in a Georgia court this week.

The case began in 2008 when Harper’s husband, Tony Cacciotti, tried to enter a car driven by a volunteer at the Atlanta Jewish Film Festival. As he was stepping inside the car, the driver rolled over Cacciotti’s foot.

An MRI showed Cacciotti suffered from a tear to the tendon in his ankle. His doctor then ordered strict physical therapy. Cacciotti, a former personal trainer, had to restrict his usual long runs to rare short walks.

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A 25-year-old man hit by a tractor-trailer carrying an oversized load through North Georgia won a settlement for $5.6 million. A Peterbilt tractor and the plaintiff collided on the afternoon of April 19, 2006 on Georgia Highway 53 near Marble Hill.

As a result of the collision, the plaintiff fractured his hip and a lower leg. The subsequent medical bills incurred totaled $364,000, with at least $20,000 in lost wages. The plaintiff’s lawsuit against Custom Truck and Equipment Inc., which is based in Michigan, claimed recklessness and negligence. The lawsuit sought punitive damages as well as unspecified compensation for past and future medical costs, lost wages, and pain and suffering.

The defendants agreed to pay an initial payment of $1.6 million plus $4,000 a month for the next ten years, $5,000 a month for the second ten years and $6,025 a month for the rest of the plaintiff’s life to pain into an irrevocable trust.

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