Birmingham Injury Blog

The Chicago Personal Injury Lawyer Blog has posted an article about a rather strange, recently settled wrongful death case.

An 85 year old Illinois man confused the gas and brake pedals of his car, accidentally accelerating and crashing his vehicle into the side of a Subway restaurant. A restaurant patron was pinned between the car and the counter, which killed him.

A suit was filed on behalf of the decedent that involved several parties. However, the restaurant owner was found to be the most liable for the accident because he should have taken precautions to...

protect patrons from out-of-control vehicles crashing through their walls. Targeting the owner of the premises, in this case Subway, set the current case apart from many other theories of liability. The estate alleged that Subway's negligence in preventing the Illinois car accident was foreseeable because of the poorly designed parking lot and the lack of protective barriers between the lot and the front of the restaurant.

Subway paid a settlement of $1 million to the decedent's estate. The 85 year old man, Chrysler, the restaurant's owner, and the franchise also paid settlements.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Wrongful Death

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Pet owners are usually very loving of their pets - the pets become a member of the family. Let's say someone recklessly runs a stop sign or is speeding and kills your dog that has been with you for years and grown up with your children. Or an elderly person has a dog for a companion for ten years and someone shoots the dog. What can be done?

The traditional response is that at best you can only recover for the value of the dog and any medical or funeral expenses you have to pay. No emotional distress damages.

Mark McAndrew has an interesting post about a Vermont Supreme Court decision where this issue will be tested and explored - can you recover emotional distress damages for pets. In the Vermont case the plaintiff alleges the defendant shot (and killed) the dog with malice.

When there is an update we'll let you know.

My suspicion is that the court will be moved by the plaintiffs but ultimately will not allow for emotional distress damages for the "wrongful death of a dog" due to fears of this opening up too much litigation where large awards could be handed down.

In Alabama where we only allow punitive damages for wrongful death actions (you knew we had to be unique, right?) I don't see our conservative supreme court saying you can get punitive damages against someone who kills your dog. But you never know - could be conversion of personal property which can support punitive damages.....

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Interesting News , Wrongful Death

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The Georgia Injury Law Blog has posted an article on the National Highway Traffic Safety Administration's new proposition for stronger side airbags in vehicles. Last year the NHTSA announced that auto makers would be required to comply with "stronger roof strength standards" to prevent injuries and fatalities in rollover crashes.

The agency is now saying that stronger side airbags can prevent passengers from being ejected from a vehicle window during a rollover accident, even if they're not wearing a seatbelt. In 2002, 10,600 people died in rollover crashes and the number has declined every year especially since " more cars now come equipped with Electronic Stability Control systems that prevent rollovers."

According to its data, every year 6,400 people die when they are ejected from the side window during a rollover. It’s these lives the agency wants to save with its new standards. Currently, many vehicles come with side airbags, but these don’t comply with the NHTSA’s proposed stronger new standards.

Posted by John Watts & M. Stan Herring | Permalink | Email This Post

Posted In: Car Wreck

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