Anchorage Personal Injury Lawyer - Wrongful Death

Toddler Run Over by Nome Taxi

Mike Schneider — Mon, 04 May 2009 06:07:00 GMT

Tragedy struck a Nome family a week ago, when a Nome Checker Cab ran over 22 month old Christopher Johnson-Orzenna. Christopher and his Dad had been dropped off. As his father got luggage from the rear of the cab, Christopher wandered in front of the vehicle. The cab moved forward hitting the toddler just after the rear baggage door closed. Charges have not yet been filed, but there is certain civil liability where a commercial driver fails to "clear the area" before moving the vehicle, especially when he knows small children are near.

Originally posted at InjuryBoard by Mike Schneider

Alaska Supreme Court Gives Bad Bars a Pass

Mike Schneider — Sun, 03 May 2009 17:56:39 GMT

It has been the law for decades, that if a bar served a minor or an obviously drunken person with "criminal negligence," the bar was responsible for all the harm caused by the drunken person or minor in question. This was the "trade off" for the bar's immunity from liability when it was guilty of no more than "ordinary negligence." But that rule came to an end with the Alaska Supreme Court's decision in the Sowinski case, issued 12/31/08. That case, a 3 to 2 decision by the Court, held that the strict several liability provisions of AS 09.17.080 demanded that the fault of the bar get compared to the fault of the minor or drunk and damages paid according to fault. The ruling, another driving home the impact of various "tort reforms," will keep claims from being brought against bad bars. They will simply be too risky to pursue. Criminally negligent sellers of alcohol will have "tort reformed" themselves into immunity. That was the plan all along.

Originally posted at InjuryBoard by Mike Schneider

Recent Shooting Could Lead to Civil Claims

Mike Schneider — Sun, 05 Apr 2009 22:31:41 GMT

March 15, 2009, a party at a warehouse in South Anchorage went bad. Chad Zurfluh tried to break up a fight, was assaulted himself, and thrown out of the warehouse where the party was going on. Stupidly, he returned with a friend, Oscar J. Lajoei, 29. Lajoei was armed. According to witnesses, as Zurfluh tried to open the door to the warehouse, Lajoei opened fire with a handgun. Bullets went throught the door striking and killing Dimond High student, Colton Crow, and injurying Robert Lee, 21 and Alexandru Hidan, 22, both of Anchorage.

Criminal charges are pending, but won't do much to pay for the medical bills or funeral expenses. The injured and the family of the dead young man should consider making claims for personal injury and wrongful death. A good lawyer handling these claims will assert "joint" or "conserted action" liability against Lajoei and Zurfluh. If either or both are named, or additional, insureds under a homeowner's policy, then that insurance should respond to pay the claims in full. Alaska's statute of limitations will bar these claims if not asserted by filing a complaint in the right court, naming the right defendants, by the second anniversary of the shooting.

Originally posted at InjuryBoard by Mike Schneider

Katmai Sinks in Aleutians Off Amchitka Pass

Mike Schneider — Sat, 25 Oct 2008 16:12:59 GMT

The Katmai lost its steering and was rolled by two story high waves. Dead are Cedric Smith and Glenn Harper of Portland, Oregon. Dead as well are their shipmates, Jake Gilman, on his first voyage and from Camus, Washington, Joshua Leonguerrero of Spanaway, Washington, and Fuli Lemusu of Salem, Oregon. Missing and presumed dead are Carlos Zebala of Helena, Montana, and Robert Davis of Deming, Washington. In a dramatic rescue, Coast Guard Rescue Swimmer, Dave Coats, pulled Capt. Henry Blake III, of Worcester, Mass., Adam Foster of Shoreline, Washington, Guy Schroder and Harold Appling, both of Anchorage, Ak., from the boiling seas hours after the vessel rolled.

The incident is being investigated and may lead to closer federal monitoring or regulation of the fleet. Survivors and the families of the dead and missing may have general maritime or Jones Act claims if unseaworthiness or negligence played a role in the tragedy.

Originally posted at InjuryBoard by Mike Schneider

Baronof Is. Plane Crash Deaths Identified

Mike Schneider — Wed, 13 Aug 2008 00:28:02 GMT

The pilot of the baron 55 that crashed on Baronof Is. was 83 year old Harold Joseph Gaines of Marietta, Ga. His passenger has been identified as 73 year old Sy Mymudes of Decatur, Ga. A fuel shortage is suspected as the cause of the crash. If so, Mymudes' survivors likely have a wrongful death claim against Gaines, who decided to press on toward Sitka, instead of returning to Juneau, when he found fuel to be unavailable in Gustavus, where they landed on Sunday. The crash remains under investigation.

Originally posted at InjuryBoard by Mike Schneider

Baronof Is. Plane Crash Leaves Two Dead

Mike Schneider — Tue, 12 Aug 2008 11:51:01 GMT

Over the weekend the bodies of the pilot and passenger of a Baron 55 were located by authorities on Baronof Is., 30 miles north of Sitka. Names have not been released. If a defect in the plane, or a problem with its maintenance caused the crash, a difficult matter to prove, then the families of both occupants may have wrongful death claims that can be asserted. Otherwise, only the family of the passenger will be able to make a claim for wrongful death. Claims like these require careful investigation by an attorney familiar with the litigation process and the rules governing aircraft maintenance and operation.

Originally posted at InjuryBoard by Mike Schneider

No Justice For Victims of Nome Manlift Fatality

Mike Schneider — Mon, 11 Aug 2008 00:10:00 GMT

Tyler Kahle, of Tomahawk, Wisconsin, was only 19, and his co-worker, Craig Bagley of Anchorage, only 27, when carelessness ended their lives at Rock Creek Mine close to Nome. They were descending from working on a roof in a "manlift" when it came crashing down. The Mine Safety and Health Administration has levied a fine against their employer, Alaska Mechanical, Inc. But thanks to a bill inspired by VECO'S Bill Allen, and carefully shepherded through the legislature by then-senator Ralph Seekins, R. Fairbanks, both the owner of the project and any exposed general contractor are immune. Legal attacks are underway against the statute, but for now it is the law.

Originally posted at InjuryBoard by Mike Schneider

Gas Leak Causes Death at Sea

Mike Schneider — Mon, 02 Jun 2008 00:57:00 GMT

April 24, 2008 a seaman aboard the Zenith, then 72 miles southeast of False Pass, died while trying to repair a gas leak. His name was not released. His family has claims for his wrongfull death, and should contact a capable attorney as soon as possible.

Originally posted at InjuryBoard by Mike Schneider

Helicopter Crash Kills Four

Mike Schneider — Thu, 17 Apr 2008 21:25:10 GMT

An ERA helicopter carrying state workers and a 14 year old boy crashed Tuesday in bad weather. The crash took place about one mile Southeast of mile 119 of the Glenn Highway. The state workers were on their way to maintain communications equipment on Lion's Head. The only survivor, 14 year old Quinn Ellington, is hospitalized after his rescue the following day after weather lifted. Dead in the crash are the ERA pilot, Benoit Pin, 39, of Anchorage, Thomas E. Middleton, 46, of Anchorage, Joseph C. O'Donnell, 47, of Girdwood, and Michael D. Sewardhttp://www.adn.com/news/alaska/aviation/story/378511.html, 37, of Palmer. While the crash is being investigated, there is little doubt that the passengers have civil claims for their wrongful death and injury. Cases like these require careful investigation and experience in aviation claims practice. A two year statute of limitations applies, but the families should retain competent counsel as soon as possible.

Originally posted at InjuryBoard by Mike Schneider