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Did you know that on average, 88% of drivers use their cell phones at some point while driving? This statistic was released in a recent study conducted by Zendrive, a company that measures driver safety. The study analyzed 3.1 million drivers between December 2016 and February 2017. The subjects made 570 million trips covering 5.6 billion miles. The study made many findings, including that drivers used a cell phone during 88% of the 570 million trips. Further, for every one hour driven, drivers spent an average of 3.5 minutes on the phone.

The study then ranked all 50 states by the prevalence of distracted driving. Here is Zendrive’s list of the 10 states where distracted driving is most prevalent:

  1. Vermont
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In May 2017, a jury in Missouri awarded a verdict of $110 million to a 62-year-old woman who developed ovarian cancer after using products containing talcum powder. The verdict was assessed against Johnson & Johnson, the company that manufactured the products in question, baby powder and Shower to Shower. The victim was diagnosed with ovarian cancer in 2012. She sued Johnson & Johnson, alleging they hid the possibility that talc could cause cancer. The trial lasted three weeks.

Johnson & Johnson has been hit with several other large jury verdicts in talcum powder lawsuits, including some in the tens of millions of dollars. Those include verdicts of $72 million, $70 million, and $55 million.

Many lawsuits are currently pending regarding talcum powder and how it can cause women to develop ovarian cancer. Talc is a mineral, and its powder form is prevalent in certain consumer products. Women in particular have used these products for years for hygiene. The lawsuits allege that Johnson & Johnson knew there was a risk that talcum powder caused ovarian cancer but knowingly concealed that information from consumers for years. As a result, the product liability lawsuits filed by victims against the company seek monetary damages for developing a life-altering injury like cancer.

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We are taught at a young age to look both ways before crossing the street. However, despite our best efforts, pedestrian related accidents occur at shocking numbers. A statistic from 2015 found that over 5,300 pedestrians were killed in traffic crashes, equating to one crash-related pedestrian death every two hours. Additionally, pedestrians are 1.5 times more likely than vehicle occupants to be killed in a car crash.

Recently, the city of San Francisco, California, was involved in a wrongful death lawsuit resulting from a pedestrian crash that took the life of a 38-year-old disabled woman. The victim was struck by a vehicle and killed as she crossed Market Street back in February 2016. The vehicle that struck and killed her was operated by an employee of the city of San Francisco, who was acting on behalf of the city at the time of the crash. According to the accident report, the driver made an illegal left-hand turn on to Market Street, striking the victim who was lawfully in the pedestrian crosswalk. According to reports, a settlement of $2.9 million was expected.

The victim’s death has brought about positive change from the city of San Francisco. The site of the victim’s death, and many other dangerous locations throughout the city, is receiving new signage clarifying illegal turns. Many, however, are calling for stronger measures, such as GPS tracking in government-owned vehicles, as well as frequent driver education classes for city employees.

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The Missouri Court of Appeals has upheld a jury award of $3.25 million in favor of a woman shot in a parking lot where she worked. The lawsuit was against Owner-Operator Services, Inc., where the victim was working as a truck insurance agent support specialist. One evening, she was shot by her ex-partner in the company’s parking lot.

She filed a lawsuit against the company alleging negligence in failing to protect her. At trial, she introduced evidence that she was having problems with her ex-partner, such as stalking and sexual assault, and the company’s director of human resources knew about it. The victim told the director that the partner was leaving her harassing voicemails and that she felt fearful about him. The lawsuit alleged that although the company had security cameras and police patrols available, it did not take necessary measures to ensure the victim’s protection. After considering the evidence, the jury awarded her $3.25 million in damages.

Under Missouri law, a business owner generally has no duty to protect business invitees from criminal acts of unknown third parties because they are rarely foreseeable. However, there are a few exceptions. The first is when a person, known to be violent, is on the premises. Another exception is when a person is on the premises and “has conducted himself so as to indicate danger and sufficient time exists to prevent the injury.” The next exception states a business owner has a duty to protect invitees from criminal attacks of others under “special circumstances,” which means when it is foreseeable that certain actions or omissions will cause harm or injury to the invitee.

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A federal court jury recently handed down one of the largest verdicts in Ohio history in a medical malpractice case. The $14.5 million verdict was awarded to Nicole Welker and Justin Brinkley against Clearfield Hospital and Dr. Thomas A. Carnevale. Evidence was introduced at trial to show that the doctor, who specializes in obstetrics and gynecology at the hospital, improperly administered Pitocin to the mother to augment her labor while she was giving birth to her son, Justinian.

Pitocin is a natural hormone that causes the uterus to contract, thus inducing labor. It is often administered by doctors. Side effects of Pitocin are relatively mild for the mother but can be fatal for the fetus. Unfortunately, when Welker was administered Pitocin, the drug caused her contractions to increase in frequency and intensity. As a result of these increased contractions, Justinian’s oxygen was cut off. Tragically, Justinian was born with cerebral palsy and catastrophic cognitive disabilities.

Following the two-week trial, the jury deliberated on a number of key facts, including evidence showing that the doctor and the hospital had knowledge that the fetus was showing signs of distress during labor but took no actions to alleviate the problem. Ultimately, the jury assessed 60% liability for this incident against the doctor and the remaining 40% against the hospital.

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downtown-drive-5-1574071Simply put, guardrails are supposed to protect cars, drivers, and passengers. At the very least, they can prevent a bad situation, such as a car or truck wreck, from turning even worse. On highways and interstates, they can prevent cars from running off the road, falling down an embankment, or veering into oncoming traffic. When not functioning properly, bad things can happen. Drivers in many states have been having serious problems with guardrails recently, and at least seven people have died as a result of deadly guardrails in Tennessee, Virginia, and Missouri.

One such incident occurred near Knoxville, Tennessee, when a 17-year-old girl was killed in a car accident caused by a defective guardrail. The driver veered off the road, drove into the median, and hit the end of a guardrail. While the guardrail was supposed to help absorb the impact with the vehicle, the end actually pierced through the vehicle, hitting the driver in the head.

The type of guardrail in question is X-LITE, which is manufactured by Lindsay Transportation Solutions. There are currently 1,700 of them on Tennessee roads, interstates, and highways. TDOT conducted its own investigation into this type of guardrail and found that they did not always work when cars hit them traveling at speeds 62 mph or higher. Usually, 62 mph is the standard crash test speed for guardrail ends. TDOT also found issues with the installation instructions, which, according to TDOT, “could result in the terminal performing differently from the original tested conditions.” Right now, Tennessee is accepting bids to replace all of these guardrails. Once complete, the final cost could end up being $3.5 million or more.

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For years, the medical community has been aware of the hazardous effects that a concussion can have on an individual. Though most popularly known as studied in the context of sports, researchers are making new life changing discoveries on concussions every day. An example of this can be seen with the NFL’s Concussion Protocol. In the past, head injuries were taken very casually, and players were told to shake them off and get back in the game as quickly as possible. Now, however, football players are required to pass special concussion protocol testing before they can return to the field. So if concussions are treated with such caution in the world of sports, why isn’t the same true for everyday life?

Concussions are a category of traumatic brain injury brought on when the brain crashes into the skull, usually as the result of a blow to the head or body. This blow could come in a car accident, especially if a victim’s head is jerked around after the impact. Symptoms of a concussion may appear right away or may take weeks to manifest, and they include headaches, memory loss, dizziness, and nausea. Concussions are generally graded into three categories, with the most severe being labeled Grade 3 and the most mild as Grade 1.

A new study shows that concussions may have lasting effects on an individual’s ability to drive, even after symptoms seem to disappear. The study followed 14 young adults who were 48 hours removed from symptoms following a concussion. The participants were placed in a driving simulation where researchers monitored their driving ability. Shockingly, the participants displayed clear signs of impaired driving, despite presenting no obvious symptoms of their concussion.

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man-talking-on-the-cell-phone-1541703Distracted driving can be just as bad as reckless driving. When your attention is on your phone or another device, you are not able to pay proper attention to the road. Sen. Jim Tracy from Shelbyville, Tennessee, recognizes the obvious danger of cell phone use while driving. This is why, for the second straight year, Sen. Tracy is sponsoring a bill that would effectively ban cell phone use while operating a vehicle in Tennessee.

The proposed legislation, SB0954, would create a Class C misdemeanor for driving a motor vehicle and talking on a hand-held cell phone. The bill would also attach a penalty for minors who are found guilty of the proposed infraction. Violators can also expect to pay a fine.

The bill comes in the wake of startling evidence that shows that distracted driving crashes in Tennessee have more than doubled since 2006. According to the Tennessee Department of Safety and Homeland Security:

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hotelroom-1255076Hotels, just like any form of private property, owe a duty to the public to maintain their premises in a reasonably safe manner. This can include taking necessary measures to prevent foreseeable criminal attacks on guests. Hotels are meant to be a safe home away from home. The last thing you expect when staying in a hotel is to be the victim of a horrific crime, including assault or rape.

Sadly, that is precisely what happened to a Southern California woman who was staying at a Holiday Inn in Frazier Park, California. One night, she was sexually assaulted in her hotel room. She later sued the hotel for inadequate security measures, claiming that the hotel was negligent and did not properly provide for her safety. According to the lawsuit, the woman was sexually assaulted after a hotel employee negligently gave her room keys to a sexual predator. According to reports, the woman was staying at the Holiday Inn with her boyfriend, who was not in the room at the time of the crime. Video surveillance shows the attacker, later identified as Jonathan Padilla, speaking with the hotel receptionist at the front desk. Padilla is accused of being heavily intoxicated and under the influence of drugs.

The lawsuit further alleges that Padilla offered the receptionist $100 in exchange for sexual favors but was turned down. Footage shows Padilla leaving the front desk, only to return moments later requesting keys to his room. In reality, the keys Padilla requested were for the victim’s room. Not only did the receptionist fail to verify the occupants of the room, she failed to even ask Padilla his name. Instead, the keys were turned over and the perpetrator was allowed to permanently traumatize an innocent woman. He was later convicted of the crime in criminal court and sentenced to three years in jail.

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truck-delivery-1237583Imagine the following scenario: you are in your car, driving to your favorite restaurant for a mid-week lunch treat. You pull up to the restaurant, which is located in a particularly busy strip mall in a popular area of town. While navigating the parking lot to look for a parking spot, you are suddenly rear-ended by the car behind you. After getting over the initial shock of the crash, you and the driver who hit you pull over to discuss what happened, exchange information, and call the police so that an incident report can be made.

The driver of the vehicle that hit you apologizes for hitting you; however, the driver also expresses frustration that he got into an accident while “on the clock” as this will make him late for his “work assignment.” You find out that he is a delivery driver for the restaurant you were heading to.

After the other driver has finished speaking with the police, the driver hops back behind the wheel and drives off. The police officer tells you the other driver has auto insurance and you rest assured that you should not have to file a claim with your own auto insurance carrier. However, once you contact the other driver’s auto insurance company, you find out that, unfortunately, his personal policy had lapsed prior to their accident with you. Frustrated and searching for a solution, you wonder if the restaurant should be responsible for your damages, which may include medical bills and time off from work.