Topeka Personal Injury Lawyer - Miscellaneous

Cardiac Victim Turned Away from VA and Dies

Jenny Albano — Wed, 25 Jul 2007 14:13:02 GMT

A man who suffered a heart attack was located in a building that was only about 200 feet from the Bay Pines VA Medical Center, but when the ambulance came, paramedics were not sure where to take him since the man was not a veteran. They called the hospital and asked if he could be treated there, but hospital staff told the paramedics to take him to St. Petersburg General Hospital which is 3 miles away. Mark A. Surette ended up dying.

Pinellas County's medical director said that she has opened an investigation into the matter. Surette should have been taken to the nearest hospital to be treated. A spokesperson of Veterans Affairs said that the medical center often treats patients who are seriously ill and are not veterans. He said the hospital has no policy against treating non-veterans and he will be reviewing the VA's procedures due to the incident.

"There's no way to know if that extra time made a difference," said Dr. Laurie Romig, the medical director who has oversight of county paramedics. Surette was in full cardiac arrest when VA medical personnel arrived on the scene to provide treatment. It is unclear as to when exactly Surette was pronounced dead; neither Romig or the VA could say, and St. Petersburg General Hospital did not comment on the matter.

By law, hospitals are not allowed to turn away acutely ill patients from their emergency rooms, a spokeswoman for St. Petersburg General Hospital said. But officials were not sure that applied to a VA facility.
Pickens, the VA spokesman, said Bay Pines officials listened to a recording of the call provided to the agency by the St. Petersburg Times. "While VA doctors and nurses were first responders, and appropriate emergency treatment was provided at the scene, our review concluded that communications regarding care for non-veteran emergency patients can be improved," Pickens said in a statement.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Jenny Albano

Girl Falls In Manhole -- Cover Stolen

Matthew Bergmann — Mon, 16 Apr 2007 11:04:18 GMT

A young girl was injured early Sunday morning after fallling into a manhole in St. Louis, Missouri. The accident occured as the girl was on her way to a nearby church for Sunday services.

Authorities believe that the cover of the manhole had been stolen for scrap metal. Over the weekend officials reported more than 20 manhole covers being stolen within the city. It is believed that the recent spike in price of scrap metal is directly related to these thefts and the young girl's accident.

The girl suffered bruises to the head and deep cuts on the legs and hips, but is expected to make a full recovery.

Originally posted at InjuryBoard by Matthew Bergmann

Payless Employees To Get Severance Before Company Leaves Town

Matthew Bergmann — Wed, 14 Mar 2007 07:44:14 GMT

Coming face to face with the idea of being unemployed has been difficult for many employees at the Payless ShoeSource distribution center in Topeka, Kansas. However, some workers may sleep a little easier knowing that the company will provide severance packages to workers when it leaves in 2008.

Representatives of Payless and Teamsters Local 696 reached a comprimise late last week that affects about 400 members of the union who work at the distribution center. The agreement provides that Payless will give employees a week's pay for every year they have worked for the company, plus an additional month of health insurance after the plant closes. It was also stipulated that if an employee finds another job, the severance package could be retained, as long as Payless was given two-weeks notice of the resignation.

Other provisions of the agreement state that union workers will get five percent of their quarterly W2 earnings per quarter as long as they meet certain performance and safety standards. That bonus could be recieved for up to three quarters and would add up roughly to $2,500. Employees will also be able to have vacation and perfect attendance days from 2007 transfered over to 2008. The workers will be able to take these earned days off before they leave or be compensated for them at the end.

On Feb. 9, 2007, Payless ShoeSource told employees of its plans to close the Topeka plant. It's estimated that 450 to 550 people will lose their jobs.

Originally posted at InjuryBoard by Matthew Bergmann

Fired Workers Given Grievance Hearing

Matthew Bergmann — Tue, 13 Mar 2007 10:01:23 GMT

Nearly a dozen former Johnson County employees that were terminated by District Attorney Phil Kline have agreed to present their cases to the county at a grievance hearing next week. This comes after weeks of turmoil surrounding the employees dismissal, which occurred immediately after Kline was sworn into office on January 8, 2007. On Jan. 16, the ex-employees filed a lawsuit against Kline in federal court.

In a statement released by the county, the fired workers will recieve no monetary compensation and the county will not be required to provide them with any additional compensation. The hearings are being held in an attempt ot eliminate any liablity that the county may have from the ordeal and allow the former employees to address the negative stigma of being fired.

Kline's office has yet to make a statement on the hearings, but they will take place whether or not he is present. Also, the hearings do not stop the former employees from continuing their lawsuits against Kline and the State of Kansas.

Originally posted at InjuryBoard by Matthew Bergmann

One Killed and One Injured in Work Accident

Matthew Bergmann — Thu, 08 Mar 2007 14:08:33 GMT

Work at a construction site in Manhattan, Kansas turned deadly on Wednesday as one person was killed and another worker injured.

The accidents occured as Steven E. Darveaux, of Winchester, and Timothy W. Hanes, of Meriden, got into a forklift box at a Kansas State University apartment complex construction site. After entering, the side of the box started to tip, causing both men to fall out and to the ground. Darveaux was then killed with the box fell ontop of him.

Emergency services were immediately called and attended to both men at the scene. Darveaux could not be revived and Hanes was treated for injuries.

Both men were employed by a subcontractor of McPherson Construction Company.

Originally posted at InjuryBoard by Matthew Bergmann

Man Paralyzed by Wichita Police Gets $4.75 Million

James B. Biggs — Fri, 12 May 2006 11:55:42 GMT

A man who was shot and paralyzed by a police officer in 2004 has agreed to settle his case against the City of Wichita for $4.75 million.

Matt Clay, then 20 and who now lives in Arkansas, was paralyzed from the chest down after being shot by a Wichita police officer after he sought assistance from two city cops because someone had hit several cars parked at his home. The officers believed Clay was reaching for a shotgun, but the lawsuit filed by Clay contends that he was actually reaching to unbuckle his seat belt after instructed by the officers to exit his vehicle.

As part of the settlement the city did not admit and wrongdoing and still maintains that the officers involved followed all procedures and policies. However, the city did not want to risk a trial because juries considering similar lawsuits in other states have returned higher verdicts.

The settlement money, which will be a lump sum payment, will go toward Clay's medical expenses and should increase his financial security in the future.

Originally posted at InjuryBoard by James B. Biggs

Father Files Suit After Daughter Killed By Tiger

James B. Biggs — Wed, 10 May 2006 10:45:31 GMT

A wrongful death lawsuit has been filed by the father of a teenage girl that was killed by a tiger last year.

On Aug. 18, 2005, Haley Hiderbrand, a Labett County High School senior, was mauled to death while having her senior pictures taken with a Siberian tiger at the Lost Creek Animal Sanctuary near Mound Valley, Kansas.

The suit seeks more than $75,000 for medical and funeral expenses, as well as mental anguish, and states that Haley wanted to have her picture taken only with tiger cubs but instead caretakers at the sanctuary used a 550-pound tiger. The lawsuit names the owners of the sanctuary, Doug and Keith Billingsly, and Lost Creek Animal Sanctuary and Animal Entertainment Productions, a company started by the Billingsly's to supply exotic animals for entertainment acts, as defendants.

The Lost Creek Animal Sanctuary was first opened in 1994 by the Billingsly's. The compound held lions, leopards, bears and several species of tiger. Several students at area high schools had pictures taken with the animals, and no problems with the exotic cats had been reported before Haley's death.

Originally posted at InjuryBoard by James B. Biggs

Kansas Governor Brought Into Ethics Controversy

James B. Biggs — Sat, 06 May 2006 10:13:01 GMT

A conversation between two Kansas State Senators and a Kansas Supreme Court Justice over the continued school finance debate has taken a twist. Now Gov. Kathleen Sebelius has been brought into the ethics controversy and conservative Republicans have formally requested a report on any "outside" communications made by justices or the Governor on the issue.

This inquiry started when Justice Lawton Nuss' disclosed that he had discussed the school funding case with two senators at a Topeka restaurant. Previously, the Supreme Court had held that the state mechanism for funding K-12 education was unconstitutional. That decision lead to a $290 million increase in school fuding last year by lawmakers and talk of adding more than $400 million this session. However, whether the funding approved by the Legislature will meet the requirements set by the Supreme Court is still pending. On April 20, 2006, Nuss recused himself from any further proceedings on the matter. Further inquires followed that announcment.

Senate President Steve Morris, R-Hugoton, then came forward, stating that on March 28, 2006 he had informed Sebelius that a conversation had taken place with a confidential source at the Supreme Court about the education lawsuit. That information has seemed to link Sebelius to the controversy and has prompted requests for information from the Senate Senate Elections and Local Government Committee. Sebelius has maintained that she has had no involvement in the ordeal.

Additionally, the Commission on Judicial Qualifications is expected to accept Supreme Court Chief Kay McFarland's request to expedite examination of possible ethical violations by Nuss. Kansas Attorney General Phill Kline also is conducting an inquiry.

Originally posted at InjuryBoard by James B. Biggs

Car and School Bus Collide; Ten Children Injured

Brenda L. Head — Thu, 30 Mar 2006 13:38:21 GMT

A car slammed into a school bus Wednesday morning in Topeka, Kansas, leaving ten Chase Middle School students with minor injuries. The accident occured when the the bus was traveling south on N.E. Monroe and the car, a white Chevrolet, ran a stop sign. The car then continued out of control and hit the corner of nearby home.

In all, the bus was carrying 31 middle school students, ten of which were taken to a local hospital for treatment. All parents of the children were contacted by school officials immediately. The driver of the car, Sharon E. Humston, was ticketed for failing to yeild the right of way, while the driver of the bus, Carolyn V. Keck, was also hospitalized with nonlife-threatening injuries. The home suffered considerable structural damage.

The bus was not equipped with seat belts and interestingly a Kansas legislator had proposed requiring seat belts in all school buses early this year. That piece of legislation never made it out of committee. In 2002 the National Highway Traffic Safety Administration reported to Congress that children are eight times more likely to be injured when riding to school in there parents car than riding on a school bus.

Originally posted at InjuryBoard by Brenda L. Head

Kansas Governor Vetoes Workers Compensation Bill

James B. Biggs — Fri, 24 Mar 2006 10:35:09 GMT

Legislation that would change the amount of benefits due to injured workers has been vetoed by Gov. Kathleen Sebelius. Over the past month benefits for injured workers has become a hot topic in Kansas with businesses and trial lawyer associations fighting on both sides of the battle. This specific measure would have limited an employers' responsibility for workers' compensation when an employee's injury is connected to a pre-existing condition.

In supporting the veto, Sebelius noted that workers' compensation rates in Kansas are among the lowest in the nation and benefits paid to injured workers in Kansas also rank near the bottom. The Governor also had issue as to whether the bill would adversely effect military personnel who attempt to enter the workforce after being injured while serving their country.

Sen. Karin Brownlee, R-Olathe, who led the bill through the Senate, has spoken out against the veto. Brownlee feels that workers' compensation premiums aren't lower for all employers and that the purpose of the bill was to ensure that businesses are paying for old injuries of their workers.

As of now, it does not appear that enough votes would be available to override Sebelius' decision. The bill passed the Senate with two-thirds support, but was 17 votes shy in the House.

Originally posted at InjuryBoard by James B. Biggs