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Death during filming results in wrongful death lawsuit

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Wrongful Death on Wednesday, June 19, 2013.

The loss of a loved one can be a difficult time for a family. When the death is a result of the negligence of another person or company, there can be many emotions felt including anger, resentment and sorrow. Overwhelmingly, families beg the question, "why?" In such cases, families can opt to file a wrongful death lawsuit against the person or company responsible for their loved one's untimely death.

Recently, the family of a woman who died filed a negligence and wrongful death lawsuit against Discovery Communications in federal court. The woman was filming a pilot episode for a new reality television show called "Brothers in Arms." The show sought to focus on the woman's family business, a shooting range and firearms shop. The lawsuit was filed by the woman's husband and daughter. The lawsuit alleges that the beginning credits of the television show sought to have the employees of the shop walk through clouds of smoke. However, during the filming of the opening scene, a pyrotechnic device failed and killed the woman after projectiles struck her. Furthermore, the lawsuit alleges that there were no licensed pyrotechnic operators on set during filming of the pilot episode.

New Jersey bill would allow phone searches after car accidents

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Car Accidents on Thursday, June 13, 2013.

Car accidents can be a terrifying slow motion collision of steel and speed that can result in serious injury. New Jersey residents can be in their cars for long periods of time, causing many to attempt to multi-task while driving. Whether it's putting on makeup, changing the radio station, making a phone call or texting, distracted drivers are becoming a leading cause of accidents across the country.

As a result, a new bill has been introduced in the New Jersey senate that would effectively allow police officers to collect and search cell phones of those individuals at the scene of a car accident without first getting a warrant. The bill would allow officers to check phones in order to determine if drivers were talking or texting with their phone at the time of the accident. Those opposed to the bill believe that it may be in violation of both the Fourth Amendment and a driver's privacy. New Jersey has strict hands-free phone laws, and police can pull over drivers for typing, sending or reading text messages. There were an estimated 1,840 car accidents in 2011 involving handheld cell phones in New Jersey. Of those, there were 807 injuries and six deaths.

Family of victim in restaurant explosion file wrongful death suit

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Wrongful Death on Thursday, June 6, 2013.

The loss of a loved one can be one of the most difficult and painful times in a person's life. When the loss is the result of an accident, many questions may haunt loved ones, including the "what if," and "why." When a loved one is killed as the result of another person or company's negligence or misconduct, it is even more difficult to fathom or to accept. In such cases, a wrongful death lawsuit may be filed to seek answers and compensation for expenses that may have occurred as a result of the death.

Recently, parents of an employee killed in a restaurant fire have filed wrongful death lawsuits against several companies. The woman, who was a hostess at the restaurant, died in a gas explosion that destroyed the entire restaurant and injured multiple people. The cause of the explosion was a severed gas line as a result of a drilling project taking place outside. The family of the hostess filed suit against Time Warner Cable Midwest, Southern Union Co,. Heartland Midwest LLC and Missouri Gas Energy. The victim's family hopes that the lawsuits will result in better regulation of companies so no further people are injured or killed in a similar way.

Bicycling accident leaves New Jersey man in critical condition

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Bicycle Accidents on Thursday, May 30, 2013.

Beautiful spring weather in New Jersey can prompt many to hop on their bike and take advantage of the weather and sights. Bicycling can be great physical activity and is an environmentally friendly way to get around. However, with more bicyclists on the road, accidents can occur. Injuries can range from minor to severe, and can be especially bad when vehicles are involved in on-road accidents.

Recently, a man was hit by a car while he was riding his bicycle south on Larchmont Boulevard. The man was listed in critical condition after he was hit over the weekend. The bicycle accident took place at an intersection on a Saturday morning. The man was hit by a car that was also headed south. While the bicyclist was listed as critical, he was stable. The accident is currently under investigation by the local police. The driver of the vehicle that caused the accident is a 44-year old woman.

Products liability lawsuit brought against Bayer's birth control Mirena

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Products Liability on Friday, May 24, 2013.

New Jersey residents use dozens of products everyday, many times without thinking of the potential problems products may have. When an individual is injured because of a product, many times, a products liability lawsuit is necessary to file. In the United States, dangerous and defective products are the cause of thousands of injuries each year. Common products liability lawsuits involve auto products, toxic chemicals, pharmaceuticals and other consumer goods.

Recently, a products liability lawsuit was filed against the pharmaceutical giant Bayer and a number of its subsidiaries over the defendant's birth control Mirena. The suit claims that Mirena can cause serious harm and injuries in those patients who have the device implanted in their body. The product is an intrauterine contraceptive system that is made of flexible plastic. Typically the product is placed by a healthcare provider, and the crux of the lawsuit stems over the lack of warning to either physicians or patients regarding the possibility that the device can migrate through the body. The plaintiffs allege that the defendants overstate the efficacy of the birth control, but understate the potential and numerous safety concerns. The lawsuit also has counts of design defect, negligence, strict liability, negligent misrepresentation, fraud by concealment and others. The plaintiff is seeking statutory and punitive damages, compensatory damages and attorney's fees.

Woman moves to set aside $400,000 wrongful death verdict

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Wrongful Death on Friday, May 17, 2013.

New Jersey residents who live in apartments may want to stay informed about a recent wrongful death case in another state. In this case, a woman whom a jury found partially responsible for the violent death of a young man is asking the court for a new trial after a jury awarded the man's mother $400,000 in connection with the mother's wrongful death lawsuit.

The woman was the current partner of the young man's father. The young man rented a room in the house that the woman both owned. The man's father, who lived at the home, stabbed the man during a family fight. The father is now serving a prison sentence of at least 25 years. Nevertheless, the jury still found the woman 40 percent at fault in the wrongful death civil suit and assessed $400,000 of the total $1 million in damages against the woman.

Student injured in school shooting brings premises liability suit

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Premises Liability on Monday, May 6, 2013.

New Jersey residents understand that accidents can happen anytime and anyplace. Sometimes, accidents take place on public or privately owned property, and are a result of another's negligence. In such cases, a premises liability lawsuit may be available to those injured in the accident.

Recently, a Bakersfield, California high school student has brought a premises liability lawsuit against his school district for a shooting that critically wounded the student from a shotgun blast in his science class. The student was shot by a classmate who entered the first-period science classroom and opened fire. There were no fatalities, and the only other injury sustained was by a teacher who was grazed by a bullet. The district superintendent and teacher were able to persuade the student to put the gun down. The student shot was placed in a medical coma and was listed as critical. In the lawsuit, the student claims that the school knew prior to the shooting that the gunman was violent, dangerous and aggressive towards fellow students. The lawsuit further alleges that the gunman repeatedly threatened the student and others with shooting, bodily harm and killing. As a result of knowing of the gunman's violent tendencies, and allowing him to stay enrolled in the school, the student alleged that the school district put him and other students at risk. Additionally, the suit claims that the school knew of an alleged hit list the gunman had drafted prior to the attack.

Michael Jackson wrongful death lawsuit set to begin

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Wrongful Death on Thursday, May 2, 2013.

The untimely loss of a loved one can be a devastating life event. New Jersey residents who have gone through the trauma and loss often wonder why the accident or event had to occur, or if there was anything that could have been done to stop it. Accidents can happen at anytime and anyplace. However, when a death is a result of another person's negligence or mistake, it is difficult to fathom and difficult to forget.

Much speculation has been made over the civil trial that is about to take place in the death of pop legend, Michael Jackson. The wrongful death case was brought by Jackson's mother, and was filed against concert promoters AEG Live. Katherine Jackson is seeking $40 billion in damages. After a lengthy juror selection process taking nearly a month long, jurors have been selected and the trial is set to be underway and expected to last three months. The suit alleges that AEG Live was negligent in their hiring of Dr. Conrad Murray. The concert promoters claim that Jackson was addicted to pain medication long before Dr. Murray treated him, in addition the company claims they could not have foreseen that Dr. Murray posed any threat to Jackson. Jackson died in 2009 from a lethal dose of anesthetic propofol that Dr. Murray had proscribed for sleeping problems.

Asbestos-related death results in premises liability lawsuit

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Premises Liability on Tuesday, April 23, 2013.

New Jersey residents who have been injured while on another's land understand the need for proper compensation for any injuries sustained. An accident or injury can cause both physical and financial damage, and leave a victim burdened. A premises liability lawsuit can provide a victim a monetary award for the damages and injuries sustained.

Recently, a woman brought lawsuit against ABB Combustion Engineering Inc., and claimed that her husband died as a result of asbestos exposure. The woman's husband worked for the company between 1956 and 1980. Her lawsuit claims that the man was exposed to asbestos and over the course of his employment, inhaled large quantities of the substance. The woman asserted that her husband had mesothelioma and died as a result of the exposure. The case was brought under a negligence and premises liability claim, stating that the company failed to provide a safe work environment, and that they failed to approve, inspect or supervise the work that took place, resulting in asbestos inhalation. The woman is seeking damages including medical expenses, funeral expenses, attorney's fees, physical pain and anguish and lost earning capacity and wages.

New Jersey autos included in massive recalls

On behalf of Scura, Mealey, Wigfield & Heyer, LLP posted in Products Liability on Wednesday, April 17, 2013.

Product recalls for the auto industry are expected to excel into the millions this year. New Jersey autos are included in these recalls. From a cup holder, to airbags, to faulty wirings these recalls range in terms of seriousness, but it doesn't change the fact that they are all classified as defective products.

Honda, Toyota and Nissan are expected to reel in 3.4 million recalls alone this year. Most of those defects are related to faulty airbags. Dodge has problems with wiring, Volkswagen has problems with airbags and even high end cars like BMW and Volvo are not excluded from the list of defective parts. Most Americans have not forgotten the massive recall of millions of Toyota vehicles in 2008 pertaining to a sticking gas pedal that accelerated without cause. While a recall can damage the public's confidence in a particular product, the end result that both manufacturers and consumers would like to avoid is a serious injury arising from defective products.

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