Oklahoma Personal Injury Legal Blog

Three Killed, Another Three Injured in Payton, Oklahoma Car Crash

By Ray Maples on August 10, 2011

A head-on collision killed three people in Payne County on August 4, said the Oklahoma Highway Patrol. The victims were a 49-year-old man, a 38-year-old woman, and a two-year-old girl. All three individuals were declared deceased at the scene of the Oklahoma car crash.

According to the accident report, a 1999 Dodge Durango driven by 30-year-old woman drifted into the oncoming lane on Oklahoma 108, close to the crossing of Airport Road, and collided head-on with a 1997 Dodge Intrepid, driven by the 38-year-old female victim, killing her and her 2-year-old daughter.

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Family Of Oklahoma Burn Victim Sues Propane Tank Manufacturers

By Ray Maples on August 8, 2011

After an explosion in June at Bill Dog’s Saloon in Caney, Oklahoma, the family of a man who was critically burned in the accident is suing the manufacturers of an allegedly faulty propane tank.

As reported by NewsOK, a 32-year-old man was inside the structure when it exploded, just before 7:30 a.m. on June 5. The man lit a cigarette, according to officials, which triggered the blast.

The man’s attorney said the victim retained burns on more than 78 percent of his body and was left without a nose or ears. Surgeons were forced to amputate part of his foot as well as a finger. The attorney also said his client has been in a medically induced coma for the past month and is fighting burn infections.

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Oklahoma Girl Sickened from Nationwide Ground Turkey Salmonella Outbreak

By Ray Maples on August 5, 2011

Along with seventy-six other people in 26 states across the nation, including one death in Northern California, a young Oklahoma County girl under the age of five is among those affected by a salmonella outbreak caused by tainted ground turkey.

The state’s Communicable Disease division Director Laurence Burnsed said the child (whose case was reported by her physician) suffered cramping and diarrhea for approximately two weeks, did not need hospitalization, and has now fully recovered. According to current data, this is the only reported Oklahoma case associated with the outbreak but the situation is being monitored.

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Man Dies after Lawton Factory Accident

By Ray Maples on July 27, 2011

A 26-year-old man from Duncan has died after falling into some machinery at his workplace, according to a report in The Oklahoman. The man was cleaning a piece of equipment that uses an auger at a plant in Lawton when he fell in and became trapped. Emergency workers worked for nearly two hours to free the man, who was entangled from the waist down. Lawton Fire Department Lt. Steve Thornton said, “His legs were caught in an auger. They used a forklift to stabilize the auger while cutting it in two (pieces), lifted up the auger and pulled him from the machinery.”

After being freed, the man was taken in an ambulance to a nearby hospital. He died not long after his arrival from severe injuries. The vice president of operations at the plant said that the company will be conducting an in-house investigation into the Oklahoma workplace accident as well as cooperating with all government agencies to discover the cause of the tragedy. A spokesman for the Occupational Safety and Health Administration (OSHA) said that the agency will be investigating the incident.

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OSHA Tips for Preventing Heat Illness When Working Outdoors

By Ray Maples on July 22, 2011

As record heat continues across much of Oklahoma, it is important for those who work outdoors, such as construction workers, to take steps to avoid heat-related illnesses. The Occupational Safety and Health Administration (OSHA) has a nationwide outreach for designed to educate laborers and employers about heat illnesses.

OSHA warns that those who work in hot, humid conditions are at risk of suffering heat illness. The risk is greater for those doing strenuous jobs or using bulky protective clothing, like many construction workers must do. Heat illnesses occur because the temperature of the body has risen too much and the body’s own systems are no longer able to bring the temperature back down. Heat-related problems range from heat rash and heat cramps to heat exhaustion and heat stroke, which is deadly. Anyone suspected of suffering from heat stroke should be given medical attention immediately. To help prevent heat illnesses, workers should remember three key factors: water, rest, and shade. Outdoor workers should drink water every 15 minutes, even if they are not thirsty and take breaks in a well-ventilated, shady area. Workers and employers should know the signs of heat illnesses and have an emergency plan in place.

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Medical Supply Manufacturer Closes Due to Tainted Wipes

By Ray Maples on July 20, 2011

The Triad Group of Hartland, Wisconsin, a subsidiary of H&P Industries, Inc., has shut down among accusations of providing tainted medical products. Earlier in the year, the Triad Group recalled millions of alcohol prep pads because they may have been contaminated by Bacillus cereus, a harmful bacterium that can lead to a potentially deadly infection. The company has been faced with many challenges lately. In addition to the recall, they are facing at least two lawsuits, an investigation by the Food and Drug Administration (FDA), as well as ongoing investigative reports by MSNBC.

The company says it is planning to “move away” from its healthcare division. The chief operating officer of Triad, Eric Haertle, has not admitted any wrongdoing and says that the company will eventually be “cleared of all charges.” He also said that Triad “intend[s] to fight any and all accusations” and that many of the violations identified by FDA investigations have already been remedied. While the FDA has been aware of problems in many of the products made by Triad for years, they did not previously bring any formal sanctions against the company. Many people who were adversely affected by the Triad products feel that the FDA should have done more to protect the public from potentially dangerous products.

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Documentary Highlights McDonald’s Hot Coffee Lawsuit and Other Legal Issues

By Ray Maples on July 19, 2011

Most people have heard of the case where a woman who spilled coffee on herself sued McDonald’s because the coffee was too hot and won a huge settlement. However, the case was more complex than appeared to the public. The customer, who was 79-years-old, spilled an entire cup of coffee in her lap in 1992 immediately after leaving a drive-through. She suffered burns over six percent of her body and was in the hospital for eight days. While she was in the hospital, she lost 20 percent of her body weight, and endured medical treatments for two years following the accident.

The customer offered to settle with McDonald’s for $20,000, which would have only covered her medical bills, but McDonald’s refused. Finally, she sought a lawyer and sued the company. At trial, evidence was presented that McDonald’s forced its franchises to serve coffee between 180 and 190 degrees, which can cause third-degree burns on skin within two to seven seconds. Most other fast food outlets serve their coffee between 135 and 140 degrees.

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Two-Year-Old Tragically Killed in Blackwell Drunk Driving Crash

By Ray Maples on July 13, 2011

In Blackwell, a 25-year-old woman has been arrested on DUI charges. According to a story by KOCO News, just before 11 p.m. the woman was driving down West Doolin Avenue when she struck another vehicle. The woman was driving a pickup truck and crashed into the back of a Dodge Neon that was carrying a 19-year-old girl, an 18-year-old girl, and a 2-year-old. The two women were taken to the hospital but their condition is unknown. The child was pronounced dead upon arrival at the hospital. The 25-year-old woman was arrested on charges of driving under the influence, second-degree murder, possession of marijuana, and possession of hydrocodone and alprazolam without a prescription.

According to National Highway Traffic Safety Administration (NHTSA) statistics, nationwide 10, 839 people were killed in alcohol-impaired-driving-crashes in 2009 (the most recent year for which statistics are available). On average one alcohol-impaired driving fatality occurred every 48 minutes in 2009. In that same year, 14 percent of children age 14 and younger who died in motor vehicle crashes were killed in an alcohol-impaired-driving crash. Of those 14 percent, about half were occupants of a vehicle whose driver had a blood alcohol concentration (BAC) of 0.08 percent or higher and 15 percent were pedestrians or pedalcyclists struck by a driver with a BAC of 0.08 percent or higher.

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Bethel Acres Family in Fear of Pack of Dogs

By Ray Maples on July 11, 2011

In Bethel Acres, a family is worried for the safety of their children after discovering a pack of neglected dogs next door to their property. KFOR News reports that more than a dozen dogs have been left outside without food or water in the summer heat. The dogs have been wandering to neighboring properties in search of food, according to the parents of the children, even killing some of the family’s chickens. The father is concerned that the dogs may go after his children, saying, “(The dogs) got the taste of blood. You don’t know if it’s going to turn on to a kid or what it could be next.”

The neighbor, who is keeping the dogs, says that he is trying to give away the animals. He claims that the dogs were dumped there and he has been doing his best to care for them but cannot afford to feed them all. The man says, “The pound won’t let me take (the dogs) to them because we live out of county. If they come pick them up, they charge me $20 to $40.” According to the Bella Foundation, an organization that helps animals in the Oklahoma City area, most shelters do not charge a fee to drop off a stray and there are several pet adoption agencies that would be willing to help.

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Tulsa Police Looking for Fatal Motorcycle Accident Hit and Run Suspect

By Ray Maples on July 8, 2011

According to a story in The Oklahoman, police in Tulsa are looking for a driver responsible for the death of a motorcyclist. After the crash, the driver fled the scene. The motorcycle rider was a 52-year-old man who was traveling on a Tulsa road when a gray or silver Chevrolet Camaro turned in front of him. The man was thrown from the motorcycle, landing on the street. He was pronounced dead at a local hospital. The driver of the Camaro left the scene of the crash and is wanted by police.

In a July 2009 data report by the National Highway Traffic Safety Administration (NHTSA), figures show that while the number of people injured in motor vehicle crashes has decreased since 1999, the number of motorcyclist injuries has increased. In fact, from 1998 to 2007, the number of motorcyclists injured in crashes increased 110 percent. Within that same time period, data analysis shows that about 90 percent of motorcyclists injured in crashes were operating the vehicle while 10 percent were passengers. The largest number of motorcyclists injured fall within the 20-29 age group.

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