Skechers toning shoe injuries, offering refunds

Posted on May 18, 2012 by Aaron

Shoe Background: Skechers Shape-ups are one of the more popular brands of toning shoes, thanks to the use of celebrity endorsements by television personality Kim Kardashian, hockey great Wayne Gretzky and others. The shoe received negative publicity in February 2011, when the Good Morning America program ran a consumer segment, “Could ‘Toning Shoes’ Hurt Instead of Help?” The program featured a 38-year-old Ohio woman, Holly Ward, who alleged that five months of using Skechers Shape-ups at her job as a waitress and during exercise caused stress fractures in both of her hips. She has filed a personal injury lawsuit over her injuries.

Design: Skechers Shape-ups have a rounded sole that increases the heel-to-toe motion of the foot. Promotional materials on the company’s website state the toning shoes burn more calories, increase muscle activation, improve posture and reduce stress on the back and legs. Materials for the shoes state that they “1. Tone your muscles 2. Promote healthy weight loss 3. Make it easy to get in shape!”

Models: Skechers Shape-ups toning shoes are marketed to men, women, boys and girls in various models, including athletic shoes, boots, casual shoes, sandals and sneakers. Prices range from $80 to $100.

Uses promoted by manufacturer: The manufacturer promotes various models of its shoes for walking, training, trail use, running and work.

Risks of toning shoes. The built-in instability of toning shoes can increase the risk of stress fractures, falling and fall injuries. Sports medicine experts say toning shoes may pose a particular risk for elderly people and those with poor balance, vertigo, lack of feeling in their feet or chronically weak ankles. Wearers who walk with feet or toes at a slight angle could potentially be more prone to tripping or falling. Injuries from the use of toning shoes include broken bones, broken or sprained ankles, broken hips from falls and pain or tightness in the heel, calf or Achilles’ tendon. Often times, toning shoe wearers go for weeks or months with muscle or bone pain unaware that the source of their problems is the toning shoe. Even some physicians may unknowingly miss these early signs of toning shoe induced injuries making the problem that much worse.

These injuries were avoidable. The shoe companies never tested their products adequately to determine whether wearing toning shoes were safe. The scientific literature has demonstrated for years about the risk of toning shoes and the long-term impact of problems that occur when a walker has an unstable gait. Yet, supported by high-profile celebrities and the alluring promise of an effortless work-out, the manufacturers have promoted their shoes as safe and reliable. Had the companies taken the time to read and understand the scientific literature, injuries caused by toning shoes would never have occurred.

Info from http://www.toningshoesinjury.com

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Driver detained after husband killed in car crash

Posted on May 17, 2012 by Aaron

By Sharif Durhams of the Journal Sentinel

A De Soto woman is being held on suspicion of causing a fatal crash while driving drunk after her husband died in a car wreck Wednesday, authorities said.

Jason R. Gray, 54, was a passenger in a car that Sharon R. Gray was driving in Vernon County on Wednesday night when the wife lost control of the vehicle, missed a curve and crashed into a fence, according to the county sheriff’s department. The car flipped over and Jason Gray was ejected from the vehicle.

The husband was declared dead at the scene of the crash. Sharon Gray was treated at a hospital and detained on suspicion of homicide by intoxicated use of a motor vehicle. A bail hearing was scheduled for Thursday.

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Trayvon Martin family lawyers can’t see records

Posted on May 17, 2012 by Aaron

By Dylan Stableford | The Lookout

The attorney for Trayvon Martin’s parents is calling for all of the documents related to the death of their son be released, rather than what he says are strategic leaks of records intended to benefit the defense of George Zimmerman, who is charged with killing Martin.

Attorney Benjamin Crump said on Wednesday he wants “full transparency” in the case, after several news outlets–including ABC, NBC and CNN — were given access to a sealed medical examiner’s report on Martin.

“It was leaked for a beneficial purpose, certainly to help George Zimmerman’s claim of self-defense,” Crump said. “This report needs to be vetted with a keen eye.”

“You have to look at this in the full context,” he continued. “George Zimmerman made the decision to get out of his car, profile Trayvon Martin, pursue Trayvon Martin and confront him.”

According to NBC News, the multi-page autopsy says that Martin was “killed by a penetrating gunshot wound to the chest,” with the entrance wound “located on his left chest 17 inches below the head. The single bullet passed directly from the front to the back, through his lungs, creating perforations.” The only injuries to Martin are from the gunshot and to one knuckle, “a quarter-inch to one-eighth inch abrasion on the fourth finger in the ring area.”

The gunshot wound entrance was from a bullet fired from “intermediate range,” or two-to-four inches, “a soot ring abrasion and a two-inch by two-inch area of stippling” on his body.

Earlier this week, medical records leaked to ABC News showed Zimmerman likely suffered a broken nose, black eyes and an abrasion on the back of head.

Zimmerman’s lawyer, Mark O’Mara, said he may seek a dismissal of the second degree murder charges against his client under Florida’s “Stand Your Ground” Law.

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Injury Report from the Trayvon Martin Case

Posted on May 16, 2012 by Aaron

A medical report compiled by the family physician of accused Trayvon Martin murderer George Zimmerman and obtained exclusively by ABC News found that Zimmerman was diagnosed with a “closed fracture” of his nose, a pair of black eyes, two lacerations to the back of his head and a minor back injury the day after he fatally shot Martin during an alleged altercation.

Zimmerman faces a second degree murder charge for the Feb. 26 shooting that left the unarmed 17-year-old high school junior dead. Zimmerman has claimed self defense in what he described as a life and death struggle that Martin initiated by accosting him, punching him in the face, then repeatedly bashing his head into the pavement.

Also today, a trove of documents are being examined by lawyers for both the defense and prosecution as part of discovery in Zimmerman’s trial — including 67 CDs worth of documents, video of Martin on the night of the shooting, his autopsy report and videos of Zimmerman’s questioning by police.

Zimmerman’s three-page medical report is included in those documents that the defense could use as evidence.

The morning after the shooting, on Feb. 27, Zimmerman sought treatment at the offices of a general physician at a family practice near Sanford, Fla. The doctor notes Zimmerman sought an appointment to get legal clearance to return to work.

The record shows that Zimmerman also suffered bruising in the upper lip and cheek and lower back pain. The two lacerations on the back of his head, one of them nearly an inch long, the other about a quarter-inch long, were first revealed in photos obtained exclusively by ABC News last month.

But the report also shows Zimmerman declined hospitalization the night of the shooting, and then declined the advice of his doctor to make a follow-up appointment with an ear nose and throat doctor.

In addition to his physical injuries, Zimmerman complained of stress and “occasional nausea when thinking about the violence.” But he was not diagnosed with a concussion. The doctor noted that it was “imperative” that Zimmerman “be seen with [sic] his psychologist for evaluation.”

According to the report, prior to the shooting Zimmerman had been prescribed Adderall and Temazepam, medications that can cause side effects such as agitation and mood swings, but in fewer than 10 percent of patients.

A neighbor told ABC News that the day after the shooting he saw Zimmerman as he spoke to officers outside his home. He too recalled seeing black eyes and significant swelling — as well as a bandage over his nose.

Moments after the shooting Zimmerman told eyewitnesses he shot Martin in self defense. He later told officers his head was being pounded into the pavement and that he feared for his life, but that it was only when Martin seemed to reach for the gun wedges in his waistband that Zimmerman drew his weapon and fired directly into Martin’s chest — killing him.

The medical notes may bolster Zimmerman’s claim that he acted in self-defense because he was being attacked. However, the prosecution contends that Zimmerman instigated the confrontation after profiling the teen, who was walking home after buying skittles and ice tea. They prosecution says Martin was breaking no laws and was not disturbing anyone as he walked back to his father’s girlfriend’s home.

Zimmerman was granted a $150,000 bail and has since been in deep hiding since his April 20 bail hearing.

By MATT GUTMAN and SENI TIENABESO | ABC News

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Teen arrested after police trace homework left behind

Posted on May 15, 2012 by Aaron

OREM, Utah (AP) — An 18-year-old Utah man was arrested on suspicion of burglary after police say he left his homework at the crime scene.

Police in Orem say they tracked a USB drive found at the burglarized home to Dallas Naljahih. They say the computer hard drive contained his homework and was in a backpack abandoned in the backyard.

A 75-year-old man and his wife reported their home had been burglarized early Saturday. The husband says he was woken up by a light in his office, and found a man who was looking through a desk.

The suspect punched the man and fled on foot.

Police say that Naljahih was found asleep at his house along with evidence connecting him with the burglary.

Written by the Associated Press

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Tanning Mom Charged With Child Endangerment

Posted on May 15, 2012 by Aaron

By Andrew Chow, JD on May 14, 2012 6:05 AM | No TrackBacks

Another “tanning mom” is facing child endangerment charges, but not for allegedly taking a child into a tanning booth.

Police in Elizabethtown, Pa., arrested Krista Mann after finding her two children — a 6-year-old girl and a 10-month-old boy — unattended in a running car while she went tanning at a salon across the street, WGAL-TV reports.

An officer approached the car and asked the girl where her parents were. The girl told the officer about her mom’s tanning appointment — but then said she wasn’t supposed to talk to strangers and started to cry, police said.

The officer explained he wasn’t a stranger and was there to help, according to NBC News. He found tanning mom Krista Mann inside the tanning salon.

Mann told the officer she’d left her license at home. Turns out, her license had been suspended for a DUI-related offense, WGAL reports.

Mann is charged with two counts of leaving an unattended child in a motor vehicle. But one count may be dropped, because Pennsylvania’s law only applies to children “under 6 years of age” and Mann’s daughter is older than that.

Mann also faces two counts of endangering the welfare of children, a common charge for a parent caught leaving kids unattended in vehicles. Pennsylvania’s law punishes a parent “or other person supervising the welfare of a child” for “violating a duty of care, protection, or support.”

Such charges may also trigger a child welfare investigation. But news reports, including this one by WHTM-TV, do not indicate if that’s happening in this case:

In addition to her child-endangerment charges, tanning mom Krista Mann could also face a mandatory 60-day jail sentence for driving while under a DUI-related suspension, Elizabethtown’s police chief told The Huffington Post.

Article provided by FindLaw (www.FindLaw.com)

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Car Accident Injury Worksheet: Print and Fill Out

Posted on May 14, 2012 by Aaron

Worksheet: Damage Estimate

The following is intended to help you see how damages include easily identifiable costs in an effort to place a dollar value on your physical person and the way in which your life has changed since you were injured. Beyond an inventory of known costs, it does not attempt to calculate the value of your physical self or the quality of your life as it was before the injury.

I. Out-of-Pocket Damages a/k/a “Special Damages”

Damages Present Amount Spent or

in Case (U) Estimated

Doctors’ bills _____________ $_________________

Ambulance bill _____________ $_________________

Hospital bills _____________ $_________________

Private nurses _____________ $_________________

Medicines/Drugs _____________ $_________________

Medical supplies _____________ $_________________

Travel/lodging arising from

need for medical treatment _____________ $_________________

Wheelchairs, walkers, prostheses,

handicapped-accessible vehicle,

other special implements _____________ $_________________

Future medical expenses _____________ $_________________

TOTAL MEDICAL DAMAGES $_________________

Household help _____________ $_________________

Lost wages _____________ $_________________

Other work losses _____________ $_________________

Future losses _____________ $_________________

Loss of earning capacity _____________ $_________________

Increased cost of living _____________ $_________________

Special training/occupational

therapy _____________ $_________________

Property damage _____________ $_________________

TOTAL OUT-OF-POCKET DAMAGES $_________________

To get a sense of how an insurance company might value your case make the following calculations.

Method No. 1 Multiply your total by 3 $________________

Method No. 2 Multiply your “medical” damages by 5 $________________

II. Damages for Physical Injury

Check all that apply, then rate the severity of each checked injury on a scale of 1 (not serious) to 5 (catastrophic). Don’t worry about dollar amounts for these items.

Damages Present Rating of Injury’s

in Case (U) Severity

Pain and suffering _____________ 1 2 3 4 5

Future pain and suffering _____________ 1 2 3 4 5

Total disability _____________ 1 2 3 4 5

Partial disability _____________ 1 2 3 4 5

Future disability _____________ 1 2 3 4 5

Loss of enjoyment of life _____________ 1 2 3 4 5

Your spouse’s loss of your

services _____________ 1 2 3 4 5

Lost limbs:

Dominant hand/arm _____________ 1 2 3 4 5

Nondominant hand/arm _____________ 1 2 3 4 5

Foot _____________ 1 2 3 4 5

Leg below knee _____________ 1 2 3 4 5

Leg mid-thigh _____________ 1 2 3 4 5

Leg at hip _____________ 1 2 3 4 5

Lost organs:

Kidney _____________ 1 2 3 4 5

Lung _____________ 1 2 3 4 5

Other: __________ _____________ 1 2 3 4 5

Back/Neck injury _____________ 1 2 3 4 5

Head injury/brain damage _____________ 1 2 3 4 5

Other: _________________ _____________ 1 2 3 4 5

III. Intangibles–How Your Life Has Changed

The following questions are intended to help you get a feel for the kinds of facts that a jury may consider when deciding what to award in damages.

1. Which of your injuries are visible? Which are invisible?

3. What physical pain did you experience when you were first injured?

4. What physical pain did you experience as you recovered from your injury?

5. Do you still feel physical pain from your injury?

_______Yes _______No

6. If you answered “Yes” to Question 5, please elaborate.

7. When you think about your injury and how it has affected you, what/how do you feel? (Check all that apply.)

Sorrow _______

Anxiety _______

Humiliation _______

Anger _______

Fear _______

Frustration _______

Defeated _______

Resigned _______

Other _______

8. What physical activities and hobbies did you enjoy that now cause you pain?

Participating in sports _______ Which sports?________________________

Gardening _______

Woodworking/Crafts _______

Sewing/Embroidery/

Needlework _______

Playing a musical instrument _______ Which instrument?_____________________

Playing with children _______

Cooking _______

Other _______

9. What household chores now cause you pain?

Cooking _______

Laundry _______

Cleaning _______

Ironing _______

Washing the car _______

Yard work/Snow removal _______

10. What social activities have you had to reduce or abandon?

Entertaining guests _______

Club activities _______

Charitable/social

organizations _______

Dancing _______

Concerts/plays _______

Going to museums _______

Going out with friends _______

11. Are you still able to help people when they need help? For example, can you still babysit your grandchildren? Can you still visit people from your church, temple, or mosque who were sick and unable to attend services? Take a few minutes to think about this question and then write a little bit about these sorts of changes.

12. What plans for the future have you had to modify or abandon?

13. Are there any other changes in your day-to-day life resulting from your injury?

DISCLAIMER

The following form is provided by FindLaw, a business unit of West Group, for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. FindLaw and West Group are not engaged in rendering legal or other professional advice, and this form is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of an attorney by linking to FindLaw.com. ã 2001 West Group. All rights reserved.

Iowa Man Confesses to Murder Three Decades Later

Posted on May 11, 2012 by Aaron

How long after a crime can someone admit to the crime? Take a look below. Contact a Top Tier Lawyer now with our Free Evaluation form.

The grisly murder and robbery of an elderly couple in Waterloo, Iowa, stunned the community three decades ago. But the case remained unsolved until a 66-year-old man walked into a police station and confessed on Wednesday.

Jack Wendell Pursel was in court today for an initial appearance, where a judge raised Pursel’s bail from $500,000 to $2 million for shooting Richard Huntbach, 85, and wife Goldie, 77.

On Wednesday, Pursel, who most recently lived in South Gate, Calif., told Waterloo police details about the crime only someone involved with it would know, said Capt. Tim Pillack of the Waterloo Police Department. The town, located along the Cedar River, is home to nearly 70,000 residents, according to the 2010 U.S. Census.

“He just wanted to get it off his mind,” Pillack told ABCNews.com. “He knew of the family. He said his intention was to go in and rob them and kill them.”

After the Huntbachs didn’t answer their door on Jan. 12, 1981, a friend alerted officers.

The “nice elderly couple” was found tied up, gagged and shot to death. Their home had been ransacked.

At the time of the murder, Pillack said authorities interviewed “a lot of people,” including Pursel, but weren’t able to make any arrests. He may have dated a relative of the couple around the time of the crime, the Associated Press reported.

Soon after, Pursel moved to California, where he was convicted of two counts of oral copulation with a minor, according to California’s sex offender registry.

Months after the Waterloo killings, Pursel began serving a 21-year sentence for the two sex offenses; however, he was paroled in 1992. He was completely discharged from his sentence in September of 1995, the Waterloo-Cedar Falls Courier reported.

The convicted felon wanted to make amends with his past, Dan Trelka, director of Waterloo’s safety services, told the newspaper.

“It’s my understanding he found Christ and felt this was the right thing to do,” he said.

After three decades, Pillack said he’s happy the Waterloo Police Department can put the cold case to rest.

“We were able to put someone in jail and close the case. It’s a great day,” he said.

Pursel is being held in the Black Hawk County Jail and is charged with two counts of first degree murder. His preliminary hearing is scheduled for May 18.

By ALYSSA NEWCOMB | ABC News

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Do Mesothelioma Victims Deserve Better?

Posted on May 7, 2012 by Aaron

By Edward Tan, JD on May 4, 2012 5:54 AM | No TrackBacks

Malignant mesothelioma is a horrific disease that often leaves victims with little medical recourse other than a slow death. John Johnson had the disease. And his legal struggles show that mesothelioma victims deserve better.

Johnson, 69, was a marine. Since 1961 he worked as a carpenter, mechanic, and plumber. Any of his jobs could’ve exposed him to the asbestos that likely caused his disease, the Los Angeles Times reports. So he sued 65 companies for compensation.

At the end, Johnson put off his medical appointments to wage his legal battle. Where did he collapse?

40 minutes after his last day of depositions.

Malignant mesothelioma is a rare cancer that can attack the lining in your lungs, heart, and abdomen. Symptoms include chest and abdominal pain, shortness of breath, swelling, clotting, and bowel obstruction. However, symptoms don’t show up until 10 to 40 years later.

Asbestos exposure causes the disease. Injuries date back as far as the 1930s. Today, mesothelioma injuries make up the largest ongoing mass tort case in the country.

The irony is that everyone already knows that asbestos causes mesothelioma. What’s usually being litigated in court is whether the particular defendant was actually the source for the victim’s exposure.

Figuring out the exact source can be difficult because asbestos was used so commonly during the mid-1900s.

Johnson’s lawyer believes companies seek to delay finishing these cases because a victim’s recovery will be reduced greatly once they die. This is a sentiment echoed by many mesothelioma attorneys.

In Johnson’s case, he was slammed with over 25 hours of depositions to determine his exposure source. Once he died, damages for Johnson’s own pain and suffering were lost. His family can now only sue for his medical bills and loss of companionship, according to his lawyer.

Jury awards in mesothelioma cases average about $3.8 million. Multiplied across thousands of victims and any company could easily face bankruptcy.

The solution to this problem isn’t clear. Some argue that a mass settlement funded by the whole industry is the answer. But movement in that area is slow.

For now, the only thing certain is that mesothelioma victims deserve better than what the current system offers.

7 Tips to Find a Good Lawyer

Posted on May 4, 2012 by Aaron

By Michelle Collins: Microsoft.com

Let’s tell it like it is: A lot of us aren’t fond of lawyers.

But an attorney who is difficult to work with or provides shoddy legal advice can magnify an already touchy relationship.

To illustrate: What would you do if a partnership went sour and the lawyer that once represented both of you goes on to represent your former partner? Conflict of interest, yes. However, in this case, you also signed a legal document agreeing to this without being informed of the possible implications.

So what was bad legal advice back then—no forewarning about what might happen if your partnership ended—has morphed into a bigger problem now.

What can you do to avoid becoming one of these cautionary stories? First, know that finding a good lawyer, and avoiding a bad one, can be a process as detailed as finding a new employee. And it could potentially mean even more to your business.

Tanya Starnes, an attorney and author of Mad at Your Lawyer, offers these seven tips for avoiding a bad lawyer.

1. Don’t go for a general practitioner when you need a specialist.Using the same business lawyer you’ve trusted from the beginning may lead to a bad experience if you really need a specialist. Should the case end up in court, you don’t want a lawyer who has never performed litigation cutting his teeth at your expense. The word “specialist” may cause you to cringe and think of high cost. However, Starnes argues that a specialist may turn out to be less expensive, depending on your needs. Where a general small-business attorney may take days to research and draw up the right documents, a real estate or tax specialist may solve your problem in a matter of hours.

2. Do some legwork to find a good attorney.Simply put, don’t let your fingers do the walking when it comes to tracking down competent legal advice. “Don’t be lazy,” Starnes says. “You can’t go to the mall and get a lawyer.” If you need a specialist, ask your current lawyer for a referral. Don’t stop there, though; ask people you know with some connection to your legal community. Get references and do background checks. The more time you put into your search, the better your chances of getting a competent lawyer who’s also suited to your business.

3. Do some due diligence on lawyers’ costs and fees, too.Before you contact a lawyer, consider how much time and money you are willing to spend on one. Make sure to account for time away from your business. Do some research on the Web and make some phone calls to get basic understanding of lawyers’ costs and whether your problem is worth what it might cost. If you decide that the issue is big enough, then it’s time to meet with a lawyer to discuss the problem and the fees required to solve it. But proceed cautiously: In the hands of the wrong lawyer, your $3,000 problem can quickly escalate into $30,000 and take months to resolve. If you lose, you now have to deal with both the original problem and a hefty legal fee.

4. Don’t sign up unless you’re completely comfortable with the fee arrangement and relationship.Make sure an attorney is worth what you’re spending—agree only to a fee structure that suits you. Small-business owners are often asked to sign blank checks or retainer fees. Avoid doing this if at all possible, Starnes says. It means that you are dependent on the honor system and likely will have no idea how much time your lawyer actually spends on your case. Instead, ask your lawyer for an estimate at the beginning. This will allow you to set up a budget and to avoid any unexpected surprises when the bills arrive. Take it as a serious red flag if the lawyer balks. As an attorney, “I can give you an estimate on just about anything that I know how to do,” Starnes says. “At the very least, I can give you a range and tell you the factors that will make it higher or lower. “Also, insist on a written fee agreement where all anticipated costs and fees are specified. In other words, get it in writing.

5. Understand what an attorney is doing for you.The last thing you want is for a legal problem to bite you later because your lawyer neglected to file the documents with the right government department-or, just as bad, did not let you know what the documents meant. That said, another warning sign is your lawyer failing to explain any sort of legal document he or she is drafting. To keep your relationship running smoothly, keep a written account of all interactions that you have with your attorney. As Starnes says in her book, “One of the most helpful things you can do, especially early in your relationship with your lawyer, is to provide a written summary and chronology of what happened. “This is particularly important in discussions concerning money. By documenting your understanding of fee changes or potential settlement discussions along the way, you will ensure a fair and quick resolution of any future disputes. As you move through each stage, question the things that you don’t understand. A good lawyer will take the time to explain and answer these questions.

6. Insist on a good system of communication.Insist in advance on how and how often you should communicate. If you have to wait days or weeks to hear back from your lawyer, either you didn’t relate your expectations well enough, or you have a lawyer too busy to take on your business. Give some thought to finding a new one as soon as you can. Starnes points out that you could have the best lawyer in the country, but if she is too wrapped up in a high-profile case, she isn’t devoting much time to you. That means your problem is unnecessarily going to take more time, and more money, to resolve.

7. Be wary of the “slam dunk” claim.“Any lawyer who tells you you’ve got a slam dunk case is probably not a very good lawyer,” Starnes says. “I have seen very few slam dunks in my time. The law is rarely black and white. Oftentimes, there is a disagreement, and who will win and lose is difficult to predict. “Depending on the case, an attorney likely will have to do some research and talk to several people before making any kind of assessment. While his confidence may be reassuring, his actions on your behalf are more important. Also, trust your gut. If you feel doubts about a lawyer’s comments or competence, you may be best to cut your losses, terminate the relationship, and move on.

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