News
- $18 million paid to families of trucking accident victims
- Motorcycle helmet use not required in all states
- Cell phones while driving prevalent in America
Talking on a cell phone while driving can cause serious car accidents. Our Toledo, Ohio car accident attorneys urge drivers to recognize the following statistics and avoid talking while driving. - The Staggering Cost of Teen Driving
Toledo, Ohio car accidents amongst teens are no different than teen car accidents across the country. - Avoid trucking accidents by being safe on the roads
- Bicycle helmet do's and don'ts
Our Toledo, Ohio personal injury attorneys urge parents to keep their kids safe by having them wear helmets while on bicycles and ATVs. - Nursing home suits heat up
By Sylvia Hsieh
Lawyers USA
Staff writer
Published: March 24, 2008 - Toledo man charged after crash
- Findley Man Sues City Over Dog Bite
- Construction Wall Collapses, Pinning 1
- School Board Chase: Two Years Later
- Toledo man won't be jailed for deadly crash
- Woman seeks at least $5M in malpractice suit
- Sandusky teen hurt critically in 2-vehicle crash
- Bond set at $1.25 million for driver in Toledo crash
- Krell Neighbor Testifies on Home Invasion Charges
- Secretive Allstate File Could Prove Bad Faith Insurance
- Family of five suffers wrongful death in drunk driving car accident
- Employee Who Tried to Delay Driver, Honored by Council
- Two hurt in car crash near Toledo Express
- Staying safe on New Year's Eve
- Three injured in two-truck crash
- Toledo man dead after weekend accident
- East Toledo woman exiting truck is struck, killed
- Donda West's surgeon faced malpractice suits, records show
- Car crashes into Toledo home
- One person injured when car crashes in West Toledo
- Worker hit, injured by car on Bancroft St.
- Baby seats recalled due to head injuries
- Ford Sued Over Cruise Control Switch
- Minivan-school bus collision kills infant in Spencer Township
- Critics: ConAgra Mishandled Recall
- Malpractice Information Available To Public Often Incomplete
- ODNR on the Lookout for Drunk Boaters
- Argument Causes Car Accident
- Painesville officials give vicious-dog law more bite
- Car chase ends in crash
- Officials warn of scam artists preying on flood victims
- Drugs found in Perrysburg man killed on job
- Toledo Police Uncover Possible Dog Fighting Operation
- Oregon teen killed in crash
- At least one injured when tanker truck overturns on Airport Highway
- Poll: Voters not worried about tort reform
- Truck driver killed by 8-ton weight
- Surgeon has made himself 'judgment proof,' lawyer says
- Man seriously hurt in car accident south of Whitehouse
- Pit bull bites cop, stunned twice
- When Tort Reformers Slip And Fall
- Skyway Bridge has "Human Costs"
- Temperance boy, 14, dies of injuries in bicycle crash
- Toledo-Area Minister Sentenced to Jail for Drunk Driving
- LaVar Arrington In Serious Motorcycle Accident
- Feds fine 2 bridge contractors for Veterans' Skyway mishap
- 2-car crash injures man near Stryker
- New BWC director seeks to heal fractured bureau
- Ohio lawmakers target repeat drunk drivers
- Man, 19, dies in crash of truck at Tiffin University
- Jury awards damages in 2003 Isotec blast
- Co-workers leave messages of tribute for Toledo bridge victim
- Glass City Skyway "Failed Model of Workplace Safety"
- No Premium Hike For Ohio Workers' Comp
- Ohio Sues Paint Makers Over Lead Paint
- 2 men hurt in separate motorcycle, auto crashes
- Medical Malpractice Reform: Maintaining The Fiction
- U.S. 6 wreck injures man from Pioneer
- Pit bulls no longer banned from Middletown
- Child Safety Seats: Are You Obeying the Law in Ohio?
- Teenager charged with delinquency in fatal 2-car crash
- State Farm CEO Gets 82% Pay Raise
- Dale Emch will Answer Toledo Blade Reader's Questions
The Blade is unveiling a regular feature today for readers with legal questions about everything from property rights issues to how to handle a criminal charge. - Follow advice from doctor, lawyer after an accident
Traffic accidents happen every day. Whether you’re talking about routine fender-benders or devastating head-on collisions, navigating the world of insurance claims and legal actions can be daunting. - Order the FREE Ohio Accident Book Now!!
We wrote the Ohio Accident Book as a guide for injured people trying to navigate the confusing and complicated world of a personal injury claim. - Three Years Since I-280 Bridge Accident
- Toledo boy, 4, loses foot to amputation after family's pit bull puppy gnawed on it
- State Farm Suspends New Homeowner Policies in Mississippi
- Race and Income: The New Insurance Rate Calculator
- Ohio's leading drunk driver gets 16 years in prison
- Woman dies after U.S. 24 semi crash
- Norovirus Outbreak
- Work mishap studied in sewer backup
- Progressive Insurance: Insurance Company or Art Mogul?
- State Farm Settles Miss. Katrina Lawsuits; Cost Could Exceed $80 Million
- Rig rollover, spill shuts North Detroit
- Boy, 17, dies in Wood County car accident
- Toledo Man Stops Drunk Driver
- Ex-city worker indicted for drunken driving
- Paint makers respond to cities’ lead lawsuits
- Woman files $9M lawsuit in Ottawa Hills traffic stop
- Trains jump track, hurt 3; debris from derailments slams into autos
- Vehicle fatally strikes woman leaving zoo
- American Tort Reform Association Lists Cook County as Latest "Judicial Hellhole"
- Toldeo Man Convicted in Crash That Left Two Dead
- Tricks of the Insurance Trade
- Supporter of Tort Reform Files Big Lawsuit
- Truck Driver Sentenced to 90 Days in Jail for Fatal Turnpike Crash
- Army explores issue of living wills as more return from war in comas
- Ohio Co-Counsel blog: Emch quoted in ABA Journal
- Louisiana Ruling Gives Hurricane Victims More Options
- Laptop Computer Battery Recalls Will Cost Sony Millions
- When Should You Hire a Personal Injury Attorney?
- There Isn't Anything "Frivolous" About It: A Look at the Personal Injury Process
- Ohio-Co-Counsel.com blog: OSU fights to shift liability in case of woman left in vegetative state
- Ohio Co-Counsel.com blog: Allstate faces bad-faith claim in class-action suit
- Ohio Co-Counsel.com blog entry: Safety tips offered for pool and spa owners
- Blog Entry: Pain and suffering caps on fast track to Ohio Supreme Court
- Ohio Co-Counsel blog: Solicitation ban marks new front in battle with insurance companies
- New Federal Privacy Law Poorly Enforced
- New front in battle between insurance companies and injury victims
- Visit OHIO-CO-COUNSEL.com...
- Medical Malpractice "Crisis" Officially Over
- Facing civil litigation, Catholic Church presses for civil registry in Ohio
- Mother who lost 6 kids in fire gets 1-year term
- Judge finds woman guilty in children's fire deaths
- Many Americans Lack Access to Care for Traumatic Injuries, Study Shows
$18 million paid to families of trucking accident victims
A Michigan trucking company agreed to pay $18 million as compensation to the families of three women who were killed in a trucking accident in 2006.
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Motorcycle helmet use not required in all states
Whether or not to wear a helmet while riding a motorcycle is a decision that every rider faces. Statistics show that helmets can greatly reduce the occurrence of personal injury or wrongful death during a motorcycle accident.
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Cell phones while driving prevalent in America
NHTSA undertook this nationally representative survey of drivers in order to collect data on the nature and scope of the distracted driving problem with the intent of understanding how serious the problem is in the public’s eyes, and what countermeasures the public may accept to control distracted driving.
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The Staggering Cost of Teen Driving
Ask any parent who has just added a kid to the family’s insurance policy and they’ll tell you how expensive it is to have a teen behind the wheel.
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Avoid trucking accidents by being safe on the roads
Many crashes between tractor-trailer trucks and passenger cars can be avoided by following these safety tips. Read more below.
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Bicycle helmet do's and don'ts
A bicycle helmet only works if you wear it correctly. Here's the lowdown on bicycle helmets, from choosing a bicycle helmet to avoiding common helmet mistakes.
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Nursing home suits heat up
There's a new flurry of litigation over mandatory arbitration provisions in nursing home admissions contracts.
"There's
a ton of litigation. It's a fairly rapid and recent development," said
Paul Bland of Public Justice in Washington D.C., who receives two to
three calls per week from plaintiffs' attorneys attempting to challenge
arbitration clauses in nursing home agreements.
Nursing
homes have made a big push in the past two years to require new
patients to sign arbitration clauses waiving their a right to jury
trial, and courts are now being asked to decide those provisions are
enforceable, said David Couch, an attorney in Little Rock, Ark., and
the chair of the nursing home litigation section of the American
Association of Justice.
Many of the same
arguments over mandatory arbitration in other contexts apply to nursing
homes. Providers say they help reduce litigation and insurance costs,
while consumer advocates say that the furthest thing from a patient's
mind when entering a nursing home is whether he or she has the right to
sue in court.
However, nursing home cases
also have unique aspects that distinguish them: patients are elderly
and often mentally fragile or heavily medicated, and frequently someone
other than the patient signs the contract to admit him or her.
New legal arguments
Although
courts generally uphold mandatory arbitration provisions under the
Federal Arbitration Act, procedural unconscionability arguments can be
more powerful in nursing home cases.
"I've
seen more [nursing home] cases in which courts have not enforced
arbitration agreements than in any other setting," said Bland.
This
is both because nursing home plaintiffs are a vulnerable population and
because nursing homes have been very aggressive about imposing
mandatory arbitration clauses on their patients, he said.
In the past, nursing homes overreached, burying their arbitration clauses in small print and limiting damages or discovery.
But
nursing homes have learned from earlier court decisions and are now
more careful about drafting their arbitration provisions, said Eric
Carlson, an attorney and director of the long-term care project of the National Senior Citizens Law Center in Los Angeles.
Nursing
home arbitration provisions are now often in bold print, require
separate initialing and include a 7-day opt-out provision in an effort
to make them "voluntary," Couch said.
The legal arguments have evolved as well.
The more recent cases involve questions of procedural unconscionability and the authority to bind the patient.
"To
the extent that nursing homes are forming contracts with people who are
very vulnerable, the unconscionability argument is easier," said Bland.
But because unconscionability is a
fact-specific determination, there is no clear trend, Carlson said,
although a handful of courts recently struck down terms within
arbitration agreements, but then upheld the agreements after severing
those terms.
Another evolving area of
litigation is whether a relative, spouse or health care agent has the
authority to sign a mandatory arbitration agreement for the patient.
"There
are a lot of unusual legal issues that pop up because a lot of patients
are signed in by someone who doesn't have the authority" to sign away
their right to a jury trial, said Bland.
Courts, however, are all over the map on this issue.
The outcome depends on state agency law and the scope of authority possessed by a surrogate or health care agent, said Carlson.
Some
courts, for example, have held that an agent's job of making "health
care decisions" includes signing an arbitration provision, while others
have said that signing a waiver of a jury trial is a legal decision,
not a health care decision.
One court ruled
that where an arbitration agreement was voluntary, this was a separate
decision from the decision to enter the nursing home and therefore was
not a "health care decision," Carlson noted.
In many cases, a general durable power of attorney, rather than a health care proxy, is at play, said Couch.
As a prevention strategy, he has begun asking estate planning lawyers to take care in drafting powers of attorney.
"I
tell all estate planners when preparing a power of attorney to put in a
clause explicitly limiting someone's power to enter into a mandatory
arbitration agreement," said Couch.
Recent cases
Here's
a look at some recent cases involving mandatory arbitration agreements
in nursing home contracts that illustrate some of the common legal
arguments on the issue:
Authority
•
When an arbitration agreement stated it was not a precondition to
admission to a nursing home, signing it was not a "health care
decision" by a health care surrogate, and the patient can sue in court
for wrongful death. (Mississippi Care Center of Greenville v. Hinyab, No. 2005-CA-01239 (Miss. 2008).)
•
A wife didn't have the authority to sign an arbitration agreement for
her husband where she had not been given power of attorney or
guardianship and the husband was not incapacitated and was able to sign
the agreement himself. (Sikes v. Heritage Oaks West Retirement Village, 238 S.W.3d 807 (Tex. App. 2007).)
•
A husband did not have the authority to sign an arbitration agreement
for a wife suffering from dementia who had given no express or implied
consent for him to act as her agent. (Warfield v. Summerville Senior Living, Inc., 158 Cal. App.4th 443 (Cal.App. 2007).)
•
A wife's history of acting on behalf of and making decisions for her
husband constituted circumstantial evidence that the wife was the
husband's agent for purposes of signing an arbitration agreement. (Ruesga v. Kindred Nursing Centers West LLC, 215 Ariz. 589 (Ariz.App. 2007).)
• A nursing home patient with dementia was bound by her mother's signing of an arbitration agreement. (J.P. Morgan Chase & Co. v. Conegie ex rel. Lee, 492 F.3d 596 (5th Cir. 2007).)
Power of attorney
•
Although a son had a durable power of attorney, this did not give him
the authority to bind his mother to arbitration when admitting her to
an assisted living facility, where the mother was not incapacitated and
did not sign the agreement herself. (In re Estate of McKibbin v. Alterra Health Care Corp., No. 2D06-5452 (Fla. Ct. App. 2008).)
•
A durable power of attorney for health care decisions includes the
authority for the agent to enter into an arbitration agreement as part
of a nursing facility admission agreement. (Owens v. National Health Corp., No. M2005-01272-SC-R11-CV (Tenn. 2007).)
Unconscionability
•
Although an arbitration clause was substantively unconscionable, a
nursing home patient could not prove procedural unconscionability where
she was 70 years old and handled her own business affairs. (Fortune v. Castle Nursing Homes Inc., No. 07-CA-001 (Ohio Ct. App. 2007).)
Severability
•
A court struck down several unconscionable provisions (including a
limitation of damages clause, a one-sided choice of forum and copying
charges of $3 per page) but upheld the remaining arbitration provision.
(Trinity Mission Health & Rehabilitation of Clinton v. Estate of Scott, No. 2006-CA-01053-COA (Miss. Ct. App. 2008).)
•
A court refused to uphold arbitration by severing the clause that
designated an arbitrator whose rules carry a higher burden of proof
than state law, even though the contract contained a severability
clause. (The Place at Vero Beach Inc. v. Hanson, 953 So.2d 773 (Fla. Ct. App. 2007).)
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Toledo man charged after crash
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BENTON TOWNSHIP -- A Toledo man was charged Saturday with crashing his car while drunk on Ohio 579 south of Ohio 2, the Ottawa County Sheriff's Office reported.
Paul Hubbel, 43, faces one misdemeanor count of drunken driving, according to a report from the sheriff's office. He was not hurt in the crash, according to the report.
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Findley Man Sues City Over Dog Bite
A Findlay man who was bitten by a police dog during a traffic stop in 2006 has filed a lawsuit against the city and the canine's handler.
Matthew T. Harpe, 2600 Hulick St., brought the action in Hancock County Common Pleas Court, naming the city and Patrolman Byron Deeter as defendants.
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Construction Wall Collapses, Pinning 1
PERRYSBURG -- Walls of a church in Perrysburg under construction collapsed Wednesday afternoon, pinning a worker underneath the rubble.
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School Board Chase: Two Years Later
It's a story full of tragedy: 5 teenagers--all good kids--involved in a deadly car accident. A local school board member is accused of chasing them into the crash.
The accident that happened nearly two years ago has shattered dozens of lives. There was no alcohol involved, and all the kids were wearing their seatbelts. But an instant of bad judgement started a series of events that changed all their lives.
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Toledo man won't be jailed for deadly crash
Christopher Burrer softly apologized to the family members of the man he was responsible for killing in an Aug. 8 car crash yesterday, then proceeded to thank them.
Mr. Burrer, 23, of 1106 Steeple Chase Circle was sentenced in Lucas County Common Pleas Court yesterday to six months in work release and five years probation for causing the death of Andrew Wiederhold. Originally charged with felony aggravated vehicular assault, he pleaded no contest Jan. 14 to vehicular homicide, a misdemeanor.
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Woman seeks at least $5M in malpractice suit
WAYNE, Ohio - Tricia Dold expected to be at Toledo Hospital overnight for a surgery to fix a degenerated disc in her neck.
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Sandusky teen hurt critically in 2-vehicle crash
SANDUSKY - A Sandusky teenager was in critical condition last night in a Toledo hospital, a day after her car and a sport utility vehicle collided on State Rt. 101, near State Rt. 2 in Erie County's Margaretta Township, authorities said.
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Bond set at $1.25 million for driver in Toledo crash
TOLEDO — Michael Gagnon said little and stood with his head down during arraignment Wednesday in Toledo, where he was ordered held on $1.25-million bond in a collision that claimed the lives of a woman and four children, including a 10-year-old Redford Township girl.
The 24-year-old Adrian construction worker declined an interview from the Lucas County Jail, where he is being held on suicide watch on five counts of aggravated vehicular homicide. His family, some crying, declined comment as they left Toledo Municipal Court. A few raised their coats to block the media from taking their pictures.
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Krell Neighbor Testifies on Home Invasion Charges
MONROE - A neighbor of Randy Krell testified yesterday that the locked door of his Lambertville home was knocked down by a gun-wielding Charles Fackelman as he hunted for Krell, who had fled to the house for help.
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Secretive Allstate File Could Prove Bad Faith Insurance
TAMPA - Behind the fight between Florida's insurance commissioner and Allstate Insurance Co. is a mystery that could have come from a John Grisham novel.
Secret Allstate documents - known as the McKinsey documents - allegedly show how the insurance giant intentionally has made low-ball claims offers to its customers for years, netting Allstate billions of dollars in the process.
But the McKinsey documents have never seen the light of day.
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Family of five suffers wrongful death in drunk driving car accident
A tragic car accident last night resulting in the wrongful death of five family members is the only evidence needed to prove how devastating drinking and driving can be.
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Employee Who Tried to Delay Driver, Honored by Council
OREGON -- Jacob Lopez, a Taco Bell employee in Oregon who called 9-1-1 on Dec. 30 to alert police of alleged drunk driver Michael Gagnon, was recognized Monday by the Oregon City Council.
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Two hurt in car crash near Toledo Express
Two Toledo men were hurt, at least one of them seriously, when their car crashed early Thursday on Wilkins Road at railroad tracks near the Toledo Express Airport, the Ohio Highway Patrol said.
Rene Villegas, 23, the driver of the car, was in critical condition at the University of Toledo Medical Center, the former Medical College of Ohio Hospital, where Brian Lucio, 22, his only passenger, was in stable condition, troopers at the patrol’s Toledo post said. A hospital spokesman said she had no information about persons by those names.
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Staying safe on New Year's Eve
TOLEDO -- New Year's Eve is just around the corner, and with that recent bar shooting, there's new concern over how safety.
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Three injured in two-truck crash
GENOA -- A Clyde man was in serious condition Monday at a Toledo hospital after he was a passenger in a two-truck crash Saturday at Ohio 590 and Ohio 163.
The passenger, Erwin Drown, 46, and the driver of the pickup in which he was riding, Tracy Drown, 42, Clyde, were taken by Life Flight medical helicopter to University of Toledo Medical Center. Tracy Drown was in stable condition Sunday night.
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Toledo man dead after weekend accident
TOLEDO -- A Toledo man is dead after a weekend wreck sent his car flipping over.
The accident happened early Saturday morning on South Ave. near Woodsdale. Police say 27- year-old Adolfo Olarte-Sosa was speeding when he lost control of his car and it flipped.
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East Toledo woman exiting truck is struck, killed
An East Toledo woman who was struck by a pickup truck Sunday night after stepping out of one she had been riding in has died, Toledo police said.
Elida Barrera, 53, of Lebanon Street was taken to St. Vincent Mercy Medical Center, where she was later pronounced dead at 1:13 a.m. Monday, a hospital spokesman said.
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Donda West's surgeon faced malpractice suits, records show
LOS ANGELES, California (CNN) -- The Beverly Hills plastic surgeon who operated on Kanye West's mother a day before she died is in trouble with the Medical Board of California over several DUI cases and has had judgments against him in at least two malpractice cases, according to legal documents filed in California.
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Car crashes into Toledo home
WEST TOLEDO -- We have an update on breaking news we first brought you on News 11 at 11 on Tuesday.
Two people were taken to a hospital and a west Toledo family is facing a day of clean up after a car crashed into their home around 11 Tuesday night in the 3800 block of Jackman at Berdan.
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One person injured when car crashes in West Toledo
One person was hurt late Tuesday when a two-car accident caused one of the cars to crash into a house on Jackman Road at Berdan Avenue in west Toledo, authorities said.
The accident occurred about 10:50 p.m. in the 3800 block of Jackman, according to the Lucas County EMS.
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Worker hit, injured by car on Bancroft St.
A construction worker was seriously hurt yesterday when he was struck by a car in West Toledo, police said.
Thomas E. Farster, 60, of Clyde, Ohio, was taken to Toledo Hospital after the accident, which occurred about 10:50 a.m. on West Bancroft Street near Detroit Avenue, police said.
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Baby seats recalled due to head injuries
WASHINGTON (Reuters) - Some 1 million foam baby seats sold by Target Corp, Wal-Mart Stores Inc and other large retailers are being recalled because of reports of young children falling out of the seats, the U.S. Consumer Product Safety Commission said on Thursday.
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The safety agency said it received 28 reports of young children falling out of the seats, including three who suffered skull fractures because the seats had been placed atop tables.
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Ford Sued Over Cruise Control Switch
NEW YORK (Associated Press) - A Virginia man whose pickup truck caught fire last year is suing Ford Motor Co. for damages over a faulty cruise control switch that has led to engine fires and millions of recalled vehicles.
Gary Medrano, of Woodbridge, Va., filed the lawsuit on Monday in U.S. District Court for the Southern District of Illinois, saying his 2000 Ford F-150 XLT caught fire in October 2006 because of problems with the cruise control switch. The complaint seeks class-action certification.
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Minivan-school bus collision kills infant in Spencer Township
An infant riding in her grandmother’s lap in the front seat of a minivan died after the vehicle, driven by her mother, collided with a school bus yesterday at Crissey and Angola roads in Lucas County’s Spencer Township, the Ohio Highway Patrol said.
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Critics: ConAgra Mishandled Recall
OMAHA, Neb. (AP) — Critics say ConAgra Foods Inc.'s delay in recalling pot pies linked to a nationwide salmonella outbreak increased the chance that more people would become sick, opened up the company to greater liability, and exposed a key weakness in the nation's food safety system: voluntary recalls.
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Malpractice Information Available To Public Often Incomplete
WASHINGTON -- Physician profiles posted by the state medical regulatory boards are supposed to reveal whether a doctor has settled or lost malpractice suits. When a doctor makes a malpractice payout it doesn't always mean they've done something wrong -- insurance companies often urge doctor's to settle cases rather than go to court. Still, as News4’s Julie Carey found, critics of the state boards say when the lawsuits add up, patients have a right to know.
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ODNR on the Lookout for Drunk Boaters
TOLEDO -- Now that summer is winding down, police have stepped up their enforcement of drunk driving on the roads. But a different set of police officers has stepped up enforcement of drunk driving in boats. To them, it's just as bad whether it's on land or on the water.
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Argument Causes Car Accident
An auto accident in east Toledo was caused by an argument. Police tell us the two passengers inside were arguing, causing the driver to lose control, hit a pole and then hit a building. The accident happened just after one this morning at Dearborn and Seaman.
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Painesville officials give vicious-dog law more bite
On the morning of May 5, Sandy Miller went out for her daily walk, just as she'd done almost every day for the past five years.
By the 52-year-old's side, as always, was Zeus, her 9-year-old yellow Lab.
But on this day, as the 23-year resident of Painesville and her companion made their way down Casement Avenue, they encountered something that would forever change their daily routine.
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Car chase ends in crash
A Toledo man was arraigned yesterday on felony and misdemeanor charges after he was accused of leading police on a high-speed chase yesterday in South Toledo and Maumee before crashing.
Russell Stockman, 47, of 1746 Duncan Rd. was being held in the Lucas County jail in lieu of $10,000 bond after he was arraigned later yesterday in Maumee Municipal Court on one count each of receiving stolen property, operating a vehicle while intoxicated, driving with a suspended operator's license, and failure to maintain reasonable control.
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Officials warn of scam artists preying on flood victims
OTTAWA, Ohio (AP) - Authorities warn that scam artists are wasting no time in going after victims of last week's flooding in northern Ohio.
The Putnam County Office of Public Safety says residents are being called by people claiming to be with the Federal Emergency Management Agency and asking for personal information.
The public safety office warns that the calls are not legitimate. It says FEMA only contacts property owners who have applied for assistance, so it can schedule a time to look over the damage -- not to request personal information.
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Drugs found in Perrysburg man killed on job
An ironworker killed in an accident at a Toledo Public Schools construction site last month had drugs and alcohol in his system at the time, the Lucas County Coroner's Office said yesterday.
An autopsy revealed Walter Minarik, 50, of Perrysburg, known to many as Joe, had hydrocodone in his system at the time of the July 9 accident at the Westfield Elementary School project.
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Toledo Police Uncover Possible Dog Fighting Operation
TOLEDO -- A Toledo mother is facing charges after police found her four small children alone in a house that was possibly used for dog fighting.
Police discovered the children and nine pit bulls inside a home in the 1400 block of Belmont Tuesday morning. An officer had spotted someone who was wanted for domestic violence. The officer chased and lost the suspect but found something even more disturbing.
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Oregon teen killed in crash
A 19-year-old Oregon woman was killed last night when the car she was riding in was struck broadside by a pickup truck, police said.
Nikita Wilber, 3311 Seaman St., was pronounced dead at the scene of the accident, which occurred about 11:45 p.m. near Hill and Westwood avenues.
Ms. Wilber was a passenger in a car driven by Stephanie Scherer, 18, also of Oregon, when the vehicle was struck on the right side by a pickup truck driven by Jason Krieg, 29, 5116 Burlingame Drive, police said.
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At least one injured when tanker truck overturns on Airport Highway
At least one person was hurt in a traffic accident involving a tanker truck, which overturned about 6:55 this morning in the 1700 block of Airport Highway in south Toledo, spilling diesel fuel, authorities said.
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Poll: Voters not worried about tort reform
WASHINGTON, D.C. -- The civil justice reforms that pro-business groups are pushing do not register with voters, the organization formerly known as the American Trial Lawyers Association claimed Thursday while releasing the results of a poll it recently conducted.
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Truck driver killed by 8-ton weight
TOLEDO, Ohio (AP) - A truck driver has been killed in a construction accident at a Toledo waste-water treatment plant.
Mosser (MOH'-zhur) Construction says 1 of its drivers was helping other workers take apart a crane when an eight-ton counterweight came off and fell on him. Fifty-1-year-old Tom Zunk of Fremont was pronounced dead at the scene
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Surgeon has made himself 'judgment proof,' lawyer says
Driving a car is enough of a risk that Ohio requires its motorists to carry liability insurance on their vehicles.
But that same reasoning doesn't apply to another life-and-death endeavor — the practice of medicine. There's no law requiring physicians to carry professional liability insurance.
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Man seriously hurt in car accident south of Whitehouse
A 66-year-old man was hurt seriously last night when the pickup truck he was driving was struck by a car at State Rt. 295 and Neapolis-Waterville Road, south of Whitehouse and about 15 miles southwest of Toledo, the Ohio Highway Patrol said.
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Pit bull bites cop, stunned twice
LORAIN — A loose pit bull roamed a Toledo Avenue neighborhood Thursday and attacked a police officer before being stunned by a Taser twice and then thrown into the back of a police cruiser.
Police were dispatched after residents called to report a pit bull chasing residents.
The officer arrived to find a brown and white pit bull, growling and gnashing its teeth, according to a police report.
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When Tort Reformers Slip And Fall
So-called "tort reform" is one of the Republican Party's favorite issues, and this administration in particular has done a lot to limit the power of employees and victims of government, industrial and consumer discrimination and negligence to bring lawsuits against employers and corporations.
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Skyway Bridge has "Human Costs"
TOLEDO, Ohio – At precisely 10 p.m., the center pylon of Toledo’s new bridge lights up and fireworks erupt around it, sending sprays of fire into the night sky.
On board the riverboat Detroit Princess, floating on the Maumee River below, more than 1,000 people raise their glasses and cheer. Some hug and wipe away tears. Others raise both arms, palms forward and fingers spread, as if to better capture the new structure’s radiance.
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Temperance boy, 14, dies of injuries in bicycle crash
A 14-year-old Temperance boy who had just finished his freshman year at Bedford High School died late Wednesday night in Toledo Hospital, where he had been in critical condition since he was hit by a vehicle while riding his bicycle on Sunday.
Peter J. Mihos was injured in Bedford Township two days after classes ended for summer vacation.
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Toledo-Area Minister Sentenced to Jail for Drunk Driving
MAUMEE, Ohio - A Toledo-area minister charged with drunk driving will spend more than a week in jail. Pastor Michael Pitts entered a no-contest plea to drunk driving Tuesday morning in Maumee Municipal Court.
The case began in December 2006. According to the Ohio State Highway Patrol, Pitts was driving on US 20A in western Lucas County just east of the county line when he stopped for a routine vehicle inspection. The trooper said he smelled alcohol, and did a field sobriety test.
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LaVar Arrington In Serious Motorcycle Accident
(CBS) WASHINGTON CBS 2 HD has learned former New York Giants linebacker Lavar Arrington was involved in a motorcycle accident in Maryland. He was immediately rushed priority one to Prince George's Hospital Center with unknown injuries, according to CBS affiliate WUSA-TV in Washington.
The accident was said to have occurred on a ramp entering Interstate 495.
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Feds fine 2 bridge contractors for Veterans' Skyway mishap
The federal Occupational Safety and Health Administration has cited two contractors working on the Veterans' Glass City Skyway over a scaffolding mishap that injured a worker in January, almost three months before a fatal accident involving a hanging work platform.
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2-car crash injures man near Stryker
STRYKER, Ohio - A 25-year-old man was hurt yesterday in a two-car collision at Williams County Roads G and 19-50, the Ohio Highway Patrol said.
Nathan J. Alpaugh, of Pulaski Township near Bryan, the driver of one of the cars, was flown to St. Vincent Mercy Medical Center, Toledo, where he was in serious condition last night.
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New BWC director seeks to heal fractured bureau
COLUMBUS - As the new director of the "embattled," "troubled," and "scandal-plagued" Ohio Bureau of Workers' Compensation, Marsha Pasquinelly Ryan knew her first road trip had to be her hometown of Toledo.
At One Government Center, the bureau's offices literally look down on The Blade, whose coverage of the "pay-to-play" corruption made Tom Noe a household name and coined the term "Coingate."
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Ohio lawmakers target repeat drunk drivers
COLUMBUS - Reacting to the deaths of two college students caused by a 12-time drunken driver, the Ohio Senate yesterday voted unanimously to authorize police to use force, if necessary, to get habitual offenders to submit to a blood alcohol test.
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Man, 19, dies in crash of truck at Tiffin University
TIFFIN — A 19-year-old Tiffin man was pronounced dead after the pickup he was driving crashed into a Tiffin University hall and then a tree early yesterday morning.
Kevin A. Neuman was dead at the scene in the university’s Friedley Hall courtyard, according to the Tiffin Police Department.
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Jury awards damages in 2003 Isotec blast
DAYTON — Thirty-one people will receive between $35 and $625 in compensatory damages, plus evacuation expenses, for their experiences following the 2003 Isotec explosion.
A Montgomery County jury deliberated for nine hours Wednesday and Thursday and issued its verdict Friday.
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Co-workers leave messages of tribute for Toledo bridge victim
Friends, co-workers, and fellow carpenters’ union members scribbled messages yesterday on a sign added to the makeshift memorial for a worker who died while working on the Veterans’ Glass City Skyway project Thursday.
“Build us all a stairway to heaven. God be with you and rest in peace,” Brett Morris, a project inspector for the Ohio Department of Transportation, wrote on the memorial sign erected yesterday morning next to a seven-foot wooden cross on the spot where Andrew Burris, 36, fell 82 feet to the ground at about 9:15 a.m. Thursday. The work platform on which Mr. Burris was working broke free from the bridge.
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Glass City Skyway "Failed Model of Workplace Safety"
On the frosty but clear afternoon of Presidents' Day, 2004, the ambitions of Fru-Con Construction and the Ohio Department of Transportation for the Veterans' Glass City Skyway project to be a paragon of workplace safety failed when a construction crane collapsed, killing four workers and injuring four others.
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No Premium Hike For Ohio Workers' Comp
The Ohio Bureau of Workers' Compensation said premium rates for Ohio employers will stay at 2006 levels.
The Workers' Compensation Oversight Commission approved the zero percent average premium rate change Thursday, the bureau said in a news release.
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Ohio Sues Paint Makers Over Lead Paint
COLUMBUS-Attorney General Marc Dann has sued several paint manufacturers alleging they continued to make and sell lead paint knowing it presented health hazards.
Dann sued 10 companies including Sherwin-Williams and DuPont on Monday to ensure the state keeps the right to seek damages against the companies. That right is currently being fought over in an unrelated lawsuit involving Gov. Ted Strickland's veto of a bill prohibiting lead paint lawsuits.
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2 men hurt in separate motorcycle, auto crashes
Two Toledo men were hurt seriously in separate accidents - one involving a car and a tree; the other a motorcycle and a guardrail - Sunday night and early yesterday, authorities said.
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Medical Malpractice Reform: Maintaining The Fiction
For the past decade, there has been a palpable sense of fear in the air among medical professionals.
Doctors are terrified of malpractice lawsuits, so much so to the point that some of them are actually refusing to do certain aspects of their jobs.
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U.S. 6 wreck injures man from Pioneer
BRYAN - A Pioneer, Ohio, man was in fair condition yesterday in a Toledo hospital after he was involved in a three-vehicle accident Monday on U.S. 6 at U.S. 127 south of here in Williams County's Pulaski Township, the Ohio Highway Patrol said.
Raymond L. Rupp, 61, was flown to St. Vincent Mercy Medical Center after the crash that occurred about 3:30 p.m.
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Pit bulls no longer banned from Middletown
MIDDLETOWN — An amended dog ordinance bans chaining animals and beefs up penalties for irresponsible pet owners.
Middletown City Council on Tuesday unanimously approved the amended ordinance that also eliminated breed-specific designation of pit bulls as vicious dogs.
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Child Safety Seats: Are You Obeying the Law in Ohio?
There are a lot of rules, specifications and regulations to remember about Child Safety Seats, but in the event of an accident, these could be the difference between having your child unaffected and having your child suffer from an injury with life long consequences.
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Teenager charged with delinquency in fatal 2-car crash
A Sylvania teenager who is the co-captain of the St. John's Jesuit High School state championship hockey team has been charged in a two-car crash this week in western Lucas County in which a Sylvania tax office employee was killed.
Michael P. Callan, 17, was charged with delinquency in connection with aggravated vehicular homicide in a complaint filed Thursday in Lucas County Juvenile Court. He will receive a summons in the mail with a court date regarding the third-degree felony, Lori Olender, a Lucas County assistant prosecutor, said.
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State Farm CEO Gets 82% Pay Raise
Chairman and Chief Executive Officer Ed Rust Jr. got a $5.26 million raise. He earned $11.66 million in 2006 with a base salary of $1.77 million and results-based bonus of $9.89 million, the statement said. Rust made $6.4 million in 2005 and $5.5 million in 2004.
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Dale Emch will Answer Toledo Blade Reader's Questions
The Blade is unveiling a regular feature today for readers with legal questions about everything from property rights issues to how to handle a criminal charge.
“Legal Briefs” will feature Toledo lawyer Dale Emch, who focuses his practice on personal injury cases but also handles criminal cases ranging from felonies to traffic offenses. He also will write the occasional column, similar to today’s, which deals with traffic accidents.