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Welcome to Solomon Neuhardt's Blog.  Sol posts articles related to topics our clients might be interested in.  Topics include personal injury, medical malpractice, car accidents, dangerous drugs and products, and other related subjects.  Just click on the title or read more link on the articles below to read more, subscribe to our RSS feed above or post a comment to discuss the topic in more detail. 


 

Lethal Litter: Road Debris Accidents

A case of a fertilizer spill brings up negligence and driving safety issues.

Earlier this month, a commercial truck hauling a load of fertilizer up Interstate15 into Montana brought up some interesting issues about fault in road debris cases. The type of truck is called a ‘belly dump’. These are container type semi-trucks that funnel down on the bottom so that opening a slide will release the contents. In this case, the driver claimed he stopped suddenly at a construction zone and this jarred the door on the bottom of the truck, resulting in a steady leak of the contents. The green fertilizer leaked for more than a mile along I-15 until the driver pulled over and resealed the opening.

Thankfully, and perhaps because it happened in a construction zone, no accidents occurred. But we’ve all either seen debris on the road or even been hit by truck cast offs. The question an accident attorney needs to determine is really two-fold: Was there negligence by the trucking company and, can negligence be proven?

 

Poisoned! My Fault or Yours?

Unintentional poisonings can lead to negligence suits.

The death of a 13 month-old boy in January of this year in Deer Lake led to a Coroner’s inquest in Powell County. Six months later the verdict is in – a poisoning due to negligence at the hands of the father. The poison? Antifreeze.

The father claims he thought it was green Kool-Aid when he filled the child’s cup with the ‘drink’. The boy died even after all possible measures were taken at Seattle Children’s Hospital. It will be up to a court to decide if the poisoning was criminal or not.

Poisonings, even among adults, are a much more common cause of injury or death than most people would believe. The Center for Disease Control and Prevention (CDC) reports (2008) that unintentional poisonings have been trending upward since 1992. Poisonings rank second only to car crashes for causing injury or death in 34 – 55 year olds.

 

National Health Care Reform – 5 Important Provisions that Start this Year

Are you prepared for the next round of National Health Care implementations?

While Virginia’s lawsuit is expected to be heard in October, and a lawsuit by 20 other States is headed toward the Supreme Court, the National Health Insurance Reform legislation remains law. Montana, which is not part of any legal wrangling, has been scrambling to meet the requirements. Because the parts of the legislation under dispute won’t go into effect for a couple of years, these disputes are not likely to impact near term changes. Some of these go into effect this year.

The timeline published by Montana Commissioner of Securities and Insurance, Monica J. Lindeen lists several provisions that will radically alter the insurance landscape beginning next month.

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Can I Save a Child’s Life Today?

Action you can take to help stop the number one killer of young children.

The leading cause of death in young children in the United States is accidental death. And the highest number of deaths occurs as the result of motor vehicle accidents. The rate is even higher in rural states like Montana. And the stunning fact is that about half of these deaths can be prevented.

The reason? Improperly used or defective child restraint systems. A study by the National Highway Traffic Safety Administration found more than 70% of car seats, booster seats and other restraints were being used improperly and would fail to prevent injury. Termed “critical misuse” by the NHTSA, the problems fell into several categories:

 

 

Watch Your Head!

How new data reinforces concussion worries.

A study commissioned by the NFL and the U.S. Congress last year to evaluate helmets used in professional football was quashed, but some data from it has recently been released. The original study was considered inconclusive and flawed; however, the results that have been released by the NFL and the player’s union show that even the best helmets used do not prevent concussion.

The significance of repeated concussions, as experienced by boxers and football players alike, is under dispute. But no one argues there aren’t long-term consequences, but how serious are they?

 

   

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