Defective Toyota Accelerator May Have Led to Wrongful Death

From The Houston Chronicle:

Fatal Houston crash leads to lawsuit against Toyota
By Mary Flood
Feb. 1, 2010, 10:40PM

The family of a Houston woman whose car sped through a stop sign and smashed into a cement wall, killing her on impact a week before Christmas, filed what is likely the third acceleration-related wrongful death lawsuit against Toyota in the nation Monday.

Trina Renee Harris, a 34-year-old mother of two, died on impact when her 2009 Toyota Corolla slammed into an East Hardy Toll Road cement divider at Barry, leaving no skid marks, Houston police reported.

Her husband, Michael Harris, filed a lawsuit Monday against Toyota Motor Sales U.S.A., gas pedal maker CTS Corp. and Fred Haas Toyota World, which leased her the car. Lawyers involved in the lawsuit said it’s likely the third such case filed in response to acceleration problems that prompted Toyota to recall millions of vehicles and halt some production.

“I want those who were negligent to be held responsible. This problem was there before Dec. 18 when she died,” Michael Harris said. The U.S. Navy petty officer first class had recently completed a stint on an aircraft carrier in the Middle East and was in San Diego when he learned of his wife’s death. He returned to Houston, where the family opened Christmas gifts Trina Harris had bought . . . .

If you or a loved one have been injured in Nebraska due to a defective Toyota accelerator pedal, call the Keating, O’Gara Law Firm at 888/234-0621 for a free consultation.

For helpful advice on what to do if the accelerator sticks, watch the following video:

Failure to Provide Three Point Restraint for Rear Seat Passenger Leads to Verdict Against Ford Motor Co.

From Law.comFord Logo

Already on the hook for the lion’s share of a $17.7 million judgment and waiting for a decision from a jury that was out considering punitive damages, Ford Motor Co. decided to settle with a couple who sued following a Christmas 2005 wreck that left the woman paralyzed.

The agreement came after a Clayton County, Ga., jury ordered Ford on Dec. 18 to pay more than $16 million of the judgment to compensate for what the plaintiffs argued were design defects in the 2002 Explorer sport utility vehicle in which the woman was a passenger.

Lynn Wheeler, then 58, was seated in the back seat between her two grandchildren, who were in booster seats, as her son drove to church that morning along Noah’s Ark Road in Clayton County . . . Wheeler, who was restrained only by a lap belt, slammed forward and down as the rear seat latch failed, and it collapsed on her.

“As a result,” says the pre-trial order, “Lynn Wheeler’s head and neck were driven down and forward into the front seat and/or center console, catastrophically injuring her spinal cord.”

* * *

The complaint asserted that the automaker’s design for both the rear seat latch and decision to install a lap belt rather than a three-point shoulder belt constituted negligence, and it also said Ford should have warned the Wheelers and the general public “of the dangers in a reasonably foreseeable collision presented by the design of the Ford Explorer rear seat, occupant restraint system and surrounding structures.”

If you or a loved one have been injured due to a product defect such as a poorly designed restraint system, please call the Keating, O’Gara Law Firm at 888/234-0621 for a free consultation.

Lincoln Journal Star Covers Keating, O’Gara Tort Claim Filing for Death of Olivia Manes

manes-family.jpg
Olivia Manes, seated between her parents, Tina and David Manes, and pictured with older sister Suzanne, age 20, and brother Jesse, age 14, at Christmas time.

From the Lincoln Journal Star:

Parents sue state to get answers in daughter’s death
By DEENA WINTER
Lincoln Journal Star
Friday, Feb 13, 2009

At first, she was known only as Client 1.

An 18-year-old Beatrice State Developmental Center client had died.

Three hours after going into a seizure, she was dead.

She hadn’t had a seizure since 1999, when she began taking Klonopin to control them.

Her parents didn’t know it, but three days earlier, Beatrice staff had stopped giving her the medication, triggering what their attorney calls “a cascading series of medical errors.”

At about 3 a.m. on Jan. 16, her parents were awakened by the Pawnee County sheriff.

Client 1, as she was referred to in a state investigation, was dead.

But she had a name: Olivia Manes.

On Thursday, Tina and David Manes filed a $1.75 million claim against the state for wrongful death and the “pre-death terror, pain and suffering” of their daughter Olivia. They alleged at least 10 errors in her care.

A spokeswoman for the state declined to comment on the filing.

Tina and David learned Olivia had Dandy-Walker Syndrome when she was 2 months old. She was blind and mentally retarded. She never walked. She had 15 to 20 seizures per day.

They kept her home until she was 6 and it became clear they could no longer care for her. She had difficulty swallowing. Feeding her took a couple of hours. She wasn’t getting enough fluids.

Immediately, they knew where they wanted her to live.

David’s older brother, Mark, had Down Syndrome and lived at the Beatrice center.

“I grew up out there,” said David, a Beatrice native.

Tina said she felt guilty because she had “selfishly” kept Olivia at home longer than perhaps she should have. When she went to Beatrice, she was so small and possibly malnourished they could carry her like a toddler.

In Beatrice, she learned to eat, drink and swallow properly. She came to love eating.

She thrived, particularly after she began taking one tablet of seizure medicine daily. It was her lifeline.

She loved music especially Shania Twain and Christmas songs. She loved feeling the breeze on her face when someone pushed her wheelchair outside.

The Maneses and their son and another daughter live 39 miles away from Beatrice, in Steinauer. They visited Olivia at least weekly.

When she heard their voices, her mother said, she would light up and reach her hands out for a bear hug that could give you whiplash.

She loved to nestle her cheek next to yours, Tina said, crying at the memory.

They felt like she was meant to spread joy at Beatrice.

When they got the call telling them she’d died, they couldn’t understand how their girl, who hadn’t had a seizure since 1999, could be gone.

Two weeks after burying their daughter, the Maneses learned some of the heartbreaking details of Olivia’s death while watching the evening news.

Keating, O’Gara Settles Botched Abortion Case Against Planned Parenthood

Keating, O’Gara attorney Jefferson Downing obtained a confidential settlement for his client in the case of Roe v. Planned Parenthood and Meryl Severson, M.D.

From the Lincoln Journal Star:

Sides settle in abortion lawsuit
BY CLARENCE MABIN / Lincoln Journal Star
Tuesday, May 27, 2008 – 06:39:34 pm CDT

Planned Parenthood of Nebraska & Council Bluffs and a Nebraska woman have reached a confidential settlement in a medical malpractice lawsuit against the organization.

Attorneys for Planned Parenthood and the woman, identified in the lawsuit as Jane Roe, filed papers in Lancaster County District Court last week seeking dismissal of the claim with prejudice. Dismissing a case with prejudice means the plaintiff cannot raise the claim again.

James Snowden, attorney for Planned Parenthood, said the settlement was a compromise and involved no admission of liability or fault.

The woman’s attorney, Jefferson Downing of Lincoln, declined to elaborate.

“All I can say is, the case has been resolved,” he said. “I really can’t make any comment beyond that.”

In the lawsuit, the woman said she had an emergency hysterectomy because of an abortion at the Lincoln Planned Parenthood clinic on Aug. 16. According to the suit, she lost four liters of blood and experienced intense pain.

She sued Planned Parenthood and Dr. Meryl Severson in Lancaster County District Court last year. Earlier this year, attorneys in the case agreed to dismiss Severson as a defendant.

The woman was seeking $38,850 for past medical expenses and unspecified damages for physical pain and mental suffering, permanent injury and lost income.

Lincoln Right to Life spokeswoman Sandra Danek said the settlement will spare Planned Parenthood and Severson from public scrutiny of what she contends are unsafe medical practices at the clinic.

“I will say, Lincoln Right to Life would be concerned that Planned Parenthood of Lincoln and Mr. Severson are not being held to public scrutiny in this case,” Danek said Tuesday. “There are women going in there believing it’s safe.

“My question is, is it safe?”

Chris Funk, Planned Parenthood president and chief executive officer, said it is.

“For over 60 years, Planned Parenthood has provided high- quality contraceptive and reproductive health care to tens of thousands of men, women and teens in Nebraska and Council Bluffs,” Funk said.

“Contrary to what Lincoln Right to Life would like people to believe, the health and safety of our patients is always a top priority.”

Planned Parenthood suspended abortions several weeks ago, but is expected to resume offering the procedure in the coming weeks, Funk said.

Danek questioned the timing of the suspension, but Funk said it was unrelated to the malpractice claim.

“It had nothing to do with the lawsuit,” she said.


From offices in Lincoln, Nebraska, attorneys at Keating, O'Gara, Nedved & Peter, P.C., L.L.O. serve clients in Lincoln, Grand Island, Kearney, Omaha, Hastings, Norfolk, Fremont, Beatrice, Broken Bow, Valentine, Lexington, North Platte, McCook, Ainsworth, O' Neill, Wayne, Norfolk, Fairbury, Kimball, Sidney, Seward, York, Aurora, Columbus, and communities throughout Lancaster County, Adams, Buffalo, Custer, Gage, Hall, Lincoln and Red Willow Counties, and those injured in traffic accidents on Interstate Highway 80, and Nebraska state highways 81, 83, 183, and 281.