Four Local Restaurants to Be Named as Defendants in DUI Civil Lawsuits

Midland, S.C.-Destiny Mills, 24, decision to get behind the wheel and drive despite her intoxicated death resulted in a fatal, early morning crash on I-26. As the result of her action, one 21-year-old woman, Olivia Johnson, has been killed, Destiny faces a felony DUI conviction, and currently has to wear a monitor that allows the court to see if she’s currently consuming any alcohol.

CDOT-Launches-New-Campaign-to-Combat-Buzzed-Driving_19225836_mThe crash ended what had been a night of bar hopping exploits that started at an Applebee’s restaurant before moving to the Carolina Ale House then it was onto the Wild Wing Café. The last establishment visited before the crash was the Bulldog Pub. The story doesn’t end there.

Now all four establishments have been named as the defendants in a wrongful death civil lawsuit filed by the victim’s father. It’s the belief of Olivia Johnson’s father and his legal team that her death could have been prevented if the employees at any of the four establishments had been paying attention to Destiny Mills condition and taken steps to ensure she didn’t get behind the wheel while she was intoxicated.

The lawsuit states, “the defendants … could have likely prevented the decedent’s death by calling a (cab) for Mills or otherwise ensuring that she did not drive an automobile from their premises.”

So far, each of the bars has refused to admit any guilt in the case.

“In legal circles, this type of wrongful death case is referred to as a dram shop lawsuit,” personal injury attorney Joseph Sandefur who represents one of South Carolina’s most successful personal injury firms at Joe and Martin, explains. “While these type of lawsuits aren’t allowed in some states, in South Carolina there’re not only allowed to be filed, but many have been successfully won by the plaintiffs and resulted in a large settlement.”

Guida-in-stato-di-ebbrezza-procedimento-penale-archiviato-patente-sospesaIn the state of South Carolina, the law states that bars and restaurants can’t knowingly continue to sell alcohol to someone who is already drunk. The sticking point is the knowingly word. In order to win his case, the plaintiff’s legal team will need to prove that the defendant’s employees were aware of Mill’s intoxicated state.

These types of cases have proven costly to the businesses named as defendants in the case. A jury recently awarded the plaintiff a $3.8 million negligence verdict after they decided a local bar, the Loose Cockaboose, should have stopped serving a customer who left the bar, got into his car, and triggered an accident that resulted in a six-year-old girl’s death.

In another case, a local bar, Jake’s Bar & Grill, agreed to a $975,000, no admission of guilt settlement after they were named the defendant in a civil lawsuit case after son of Jim Carlen, the University of South Carolina’s late football coach, killed Justin Timmerman in a DUI accident after he left the bar.

 

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If you were injured in a DUI accident or if someone you loved suffered a wrongful death in a DUI crash, you should contact a personal injury attorney and learn more about your civil rights.

 

 

More Lawsuits Filed Against Monster Energy Drinks Due to Injuries

There is a product that has been said to cause heart attacks, strokes, brain damage and even kidney failure among individuals as young as 14. The company that makes this product is not facing a number of different lawsuits. This is actually the Monster Beverage Corp. and those that have filed this lawsuit are alleging that the drink is causing deaths as well as hospitalization.

1455170139833Four different lawsuits were filed in February in the Superior Court of California. This is located in Riverside County.
Monster Beverage Corp. is one of the largest energy drink manufactures in the world. They are only one that has faced lawsuits. The caffeine that is in this drink is what is being looked at. This is because the caffeine levels are higher than other soft drinks that are regulated by the US Food and Drug Administration (FDA).

Believe it or not, in the past energy drinks have been classified as dietary supplements and they do not have really strong labeling guidelines. The content and ingredient levels that are often on the product are there because the manufacturers voluntarily do this.

Caffeine can lift your mood when it is taken in small amounts. But, when it is in larger amounts it can actually cause cardiac arrest. When you consider energy drinks it is important to know that the makers will add more caffeine to give those that drink it a boost of energy. There have been some companies that report that there is not much more caffeine in the drinks than what you would find in a strong cup of coffee. However, it is important to understand that coffee is to be sipped while these drinks are not.
REDBULL6961_zps1c88ac1a1Those that consume these drinks will be “throwing them back” or start “pounding them down,” as a way to get caffeine right off of the bat. Some of these energy drinks are going to have natural ingredients in them and they are going to give you same effects as caffeine. When it is combined with real caffeine the results can be dangerous for many individuals.
The lawsuits related to The Monster drink are alleging that before 2013 the labels did not give consumers the proper information that they needed to decide if they should drink this or not. The company is now required to meet FDA regulations but this does not mean that the ingredients have been tested under some of the current food guidelines.

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The most recent lawsuits are James Thompson v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601533; Robert Grim v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601523; Joel Rine v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601526; and John E. Staten v. Monster Beverage Corporation, Monster Energy Company, and Does 1-100, Inclusive, Case No. RIC 1601581.

State Board Looks to Revoke Myrtle Beach Doctor’s License for Malpractice

unnecessarymedicaltestsThis week, health officials in Myrtle Beach took the step necessary to revoke the license of Dr. Osakatukei Omulepu, a cosmetic surgeon who specialized in the Brazilian butt lift procedure. Accusations include him severely injuring a minimum of four patients.

The Myrtle Beach Department of Health filed an administrative complaint that requests the doctor’s license be permanently revoked by the Board of Medicine. Omulepo practiced cosmetic surgery at two Myrtle Beach clinics, including Vanity Cosmetic Surgery and Spectrum-Aesthetics Center for Cosmetic Surgery.

At the time of the article, Omulepu was not available to give a comment. An attorney that is representing the clinic Vanity Cosmetic Surgery, Yelina Angulo, stated that Omulepu is not a direct employee of this clinic and they he only used it as a place to perform his cosmetic surgery procedures. As of this time, the doctor is not performing any surgeries at this clinic.

Once the doctor gets the complaint from the state, he will be given 21 days to either accept the charges, dispute the charges or negotiate a settlement. The Board of Medicine will do a public hearing in order to get approval for a settlement, should this be the direction the parties agree on.

From september year 2015 until now, the percentage of individual complaint about medical practice have increased by 11% and it just keep growing. This is do to education in a field of medical rights, and more and more people has taken time to learn their obligations and do’s and dont’s.

The patients who were injured were ages 29 to 35 and not named in the complaint from the state. All women had a surgical procedure performed by Omulepu in May 2015 over a period of three days.

According to a state emergency order, all of the women had to stay in the hospital as a result of their surgery from three days to three months. In two instances, the patients’ internal organs were repeatedly torn, according to the accusations. In one case, the patient experienced acute respiratory and kidney failure as a result of the injuries.

Omulepu does not have a policy for medical malpractice insurance. Because of this, it is not known at this time about the type of legal recourse these patients will be able to take against Omulepu.

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“When someone goes into the hospital, they expect to leave healthy. However, this is not always the case when medical malpractice occurs,” said attorneys Joe and Martin, a managing partners at one of the top Myrtle Beach medical malpractice law firms. “When something goes wrong, it is important to assess the situation for signs of medical practice. This is not only within a patient’s rights, but it also offers valuable protection to future patients seeking healthcare at the same facility.”

If you are victim of malpractice contact Joe and Martin Firm Myrtle Beach and they will help you.

In this complaint, the patients being discussed are anonymous. However, there are two other patients who state that they had surgery with this doctor and experienced injuries and infections that required hospitalization as a result. Both of these patients state that they had the Brazilian butt lift procedure.

“I feel like I was just used like a test dummy,” stated one 27-year-old patient. “I went to him to feel better about my body,” she stated. “I feel ever worse now. I completely, totally regret what I did … I feel stupid.”

 

Stop the Abuse of our Parents and Grandparents

11Nursing homes are where you send your beloved parents or grandparents—the people who cared for you as you grew up. When you sign them up and give away astronomical amounts of money, you trust that your loved ones are being cared for, just as you do when you leave you child in a childcare facility. An expert nursing home abuse attorney will be able to help track the attention your loved one is receiving while in the care of an assisted living home.

Unfortunately, these terrible situations happen often at nursing homes across the country. Nursing home abuse attorneys specialize in fighting for those who do not have the voice to stand up for themselves. This despicable crime is all too familiar to some families, such as Cheryl Craig.

Craig put her mother, Adeline Griffey, in the Waters of Yorktown Nursing Home. Ms. Griffey broke her left hip and was admitted to the nursing home after having surgery. Less than six months later, Ms. Griffey was re-admitted to the hospital after sustaining a fracture to her right hip, while staying at Waters of Yorktown. Less than a week later, she returned to the nursing home.

Two months later, bruising, swelling, and abrasions were observed on her right elbow, by a nurse at Waters of Yorktown. The nurse chose to have x-rays taken of the elbow. At the time X-rays were taken, a break was not identified in the elbow.  Craig wanted to get a second opinion regarding her mother’s care and took her to see an orthopedic specialist. The orthopedic specialist noted numerous concerns including, bruising and swelling along the fingers, above the elbow, and on the shoulder of the right arm. Bruising was also found of Griffey’s chest, back, and neck. Additionally, Griffey sustained a broken clavicle and elbow and had the proper surgeries done for those injuries. Griffey passed away just four months following her surgeries.

Happy Caretaker Assisting Senior Man In Using Zimmer Frame

Craig is suing the Waters of Yorktown nursing home for not seeking proper care for an injured resident. In addition to this official claim in her lawsuit, it is implied through the documentation that some type of resident abuse was taking place in order for Ms. Griffey to have sustained such a large amount of severe injuries over such a short period of time.

This is not the only concern that has plagued the Waters of Yorktown. They have received multiple Medicare violations for ignoring the physical needs and even social interactions of patients, serving luke-warm food, poor building conditions, and employees that are not properly vetted according to required standards. There last Medicare rating gave them a “below average” rating.

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The company has recently been bought out by IMG and the name has been changed to Yorktown Manor. Mark Ide, the owner of IMG said, “As the new operators we are seeking to upgrade the facility to improve our overall customer satisfaction and rating.”

Having a loved one in a facility, such as Waters Yorktown nursing home can be an unimaginable thought. However, if your family member is in a nursing home, it is a good idea to frequently check in on the place, ask lots of questions, and examine the patient. If you ever suspect abuse or neglect, immediately call a nursing home abuse attorney using this link http://www.johnbales.com .

 

Only about 55% of crashes are even reported

Everyone knows someone who has been involved in a serious accident. You may be a victim of such a tragic event yourself. Things happen, and many times, innocent people are hurt in the process. Only about 55% of crashes are even ever reported. Hit and runs are quite common. In the city of New York, personal injuries happen every single day. Many will go unreported, or worse, a fatality will occur with no one to answer for the terrible crime.

Accidents involving motor vehicles are a common occurrence everywhere in the United States. Many of these involve serious injury, or worse, a fatality. Records indicate that there have been a total of 3,613,732 motor vehicle deaths in the United States from 1899 to 2013. That’s a lot of innocent people being killed and their families lives changed forever, because of another driver’s negligence.

The National Highway Safety Administration has conducted numerous studies on traffic accidents and fatalities. Their data clearly shows that the numbers of reported fatalities from traffic crashes are declining because people aren’t reporting them. This means more crimes are actually happening and people are leaving the scene of the accident and getting away with it, in some cases. Many times personal injuries occur because of negligent drivers in New York, especially.

There have been numerous studies done on the topic of motor vehicle crashes. A lot of the evidence found is startling and disheartening. In 2012, 92 people were killed on U.S. roadways every day that year. This is a grand total of 30,800 fatalities due to crashes that year alone. The numbers may give you pause to ever jump in the car again. Unfortunately, it’s a part of life, and all we can do as responsible drivers is always be aware of our surroundings, drive defensively and yield with extreme caution whenever necessary.

Injuries from vehicles crashes continue to increase, though the number of reported accidents declines because people aren’t reporting them. You must always report an accident you are involved in, no matter the circumstance. Leaving the scene of an accident is the worst mistake you can make, and could cost you big. Unless something major changes soon, road traffic injuries are predicted to become the fifth leading cause of death by the year 2030. That’s a huge increase and should lead anyone to proceed with caution when driving in all situations. You never know what may happen, on any moment, or time of day.

In the city of New York, and elsewhere in the United States, personal injuries occur without warning, every single day. Many lawyers aren’t ready to handle a major accident case. Many don’t have the knowledge and proven record. You need the reassurance of a name backed by 70 years of experience serving the greater New York area. Pulvers, Pulvers, Thompson and Friedman have the proven record to guarantee a successful result for you. For more information, log on to pulversthompson.com.

Always have a plan when an accident occurs. Secure the accident scene, call the authorities, then call Pulvers and Thompson. We won’t let you down in your time of need. We are here for you. For more information, contact Pulvers and Thompson, or log on at pulversthompson.com.