Showing posts with label Personal Injury. Show all posts
Showing posts with label Personal Injury. Show all posts

Thursday, June 21, 2012

Prosecutor calls for investigatin of possible turkey abuse

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Bushnell seeks probe in turkey case

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PETA requested investigation of allegations
Wednesday, June 20, 2012
By BULLETIN STAFF REPORTS -

Henry County Commonwealth’s Attorney Bob Bushnell has asked the Virginia State Police to investigate allegations that turkeys were mistreated after a truck hauling 600 of the birds overturned last week near Ridgeway.

Bushnell made the request after receiving a letter Tuesday from People for the Ethical Treatment of Animals (PETA), a national animal rights organization. The letter alleges that turkeys were left in the overturned truck for hours after the Thursday morning wreck and were dying of heat exhaustion by the time employees of a company arrived to retrieve them.

The letter also alleges that witnesses reported seeing people jumping on live birds, throwing them against the side of a truck and striking their heads against cages, among other things. PETA alleges that “540 turkeys evidently suffered and died at the scene, possibly of heat-related stress.”

Bushnell said he was aware of the accident but had not been informed of any allegations of animal cruelty until he received PETA’s letter at midday Tuesday. By the end of the afternoon, he said, he had received about 50 emails and one phone call from people across the country who apparently learned of the allegations through PETA and wrote urging him to investigate.

An “action alert” about the incident is posted on PETA’s website, http://www.peta.org/.

“Unfortunately, I will not be able to personally speak with all the members of PETA (who wrote), but this has clearly touched a chord in the community that, like so many of us, love animals,” Bushnell said.

The wreck itself may have caused some turkeys to suffer, he said, adding that others “obviously suffered terribly” being trapped in the truck afterward. But Bushnell said he could not say that anyone violated the law by not releasing the birds, especially because doing so likely would have created a greater traffic hazard.

What he wants to determine through the investigation is if there is evidence of “provable, gratuitous cruelty to those turkeys for the sake of cruelty,” he said.

“I have asked the state police to speak to people who were there on the scene to find out whether anyone deliberately caused pain to the numerous turkeys that were involved,” he said.  “If the allegations, particularly the more lurid allegations, are borne out by evidence, we’ll give very, very serious thought to instituting charges,” he added.

Among those on the scene on U.S. 220 on Thursday, in addition to the state police, were Henry County animal control officers and several representatives of the Martinsville-Henry County SPCA, according to Bushnell and news media reports.

The state police said last week in a news release that the driver of the 1998 Peterbilt tractor-trailer, Lawrence Douglas Martin, 45, of Lumberton, N.C., was charged with reckless driving-failing to maintain control in connection with the accident. Martin was not injured in the wreck, according to state police reports at the time.

Interesting article. 
 
Tucker Griffin Barnes
Charlottesville, VA (434-973-7474)
Inquire@tgblaw.com
http://www.tgblaw.com/

Thursday, April 12, 2012

Charlottesville Accident Attorney - Governor signs fetal wrongful death bill

Governor signs fetal wrongful death bill

April 12th, 2012

Gov. Bob McDonnell has approved a bill creating a new tort cause of action in Virginia for the wrongful death of an unborn child.

McDonnell offered no proposed amendments as he signed Senate Bill 674 Monday. The bill takes effect July 1.

Supporters say the bill allows compensation for family members when an unborn child dies as a result of medical malpractice, domestic abuse or negligence. Currently, an expectant mother can recover emotional distress damages for the loss of a fetus, but there is no cause of action for wrongful death.

One supporter said the bill provides a civil remedy to correspond with the recent approval of criminal punishment for fetal homicide.

By Peter Vieth

Please contact us if you need legal advice.

Tucker Griffin Barnes P.C.
Charlottesville & Lake Monticello
434-973-7474 (Cville)
434-589-3636 (Lake)

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Monday, April 02, 2012

Missing manhole cover 'open and obvious'


A woman who fell into an open manhole while walking her dog cannot sue the contractor whose employee was on his way to her house to warn her about the manhole. The Supreme Court of Virginia agreed on March 30 the case could be thrown out on contributory negligence.

Elizabeth Badawy left her townhouse to walk her dog in April 2009, along the same route she had taken for years, she said. Three employees of defendant Classic Drainage were working to repair a neighbor’s downspout, as Badawy passed by two of them. The third worker went to Badawy’s house to warn her about the open manhole, but got no answer.

On Badawy’s return trip, another person stopped to pet the dog and Badawy began walking backward, struggling to control the dog. She fell into the open manhole, which was not marked with warning signs or barriers.

The Supreme Court agreed that a pedestrian’s contributory negligence ordinarily is a question of fact, but not in this case. Badawy’s undisputed conduct of walking backwards for two to three minutes, tugging her dog on a leash for about 40 feet without turning around, amounted to contributory negligence as a matter of law. Justices LeRoy F. Millette Jr. and Justice William C. Mims dissented from the unpublished order affirming judgment in Badawy v. Classic Drainage Inc. (VLW 012-6-060).

Very interesting article.  Please contact us if you need legal advice.

Tucker Griffin Barnes P.C.
Charlottesville & Lake Monticello
434-973-7474 (Cville)
434-589-3636 (Lake)
www.TGBLaw.com
Inquire@TGBLaw.com
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Tuesday, October 26, 2010

Daughter was abused at school, lawsuit claims

Reprint of interesting VLW article:

Parents of disabled child file $1 million lawsuit against Lee County teacher, principal


JONESVILLE — An elementary school special education teacher and a principal in Lee County are facing a $1 million lawsuit from parents who claim the pair abused and neglected their disabled child.

The lawsuit was filed in Lee County Circuit Court last week by the 12-year-old girl’s parents, Brenda and Charles Sprinkle Sr. It names the child’s former teacher at Elk Knob Elementary School, Connie Burchett, and Principal Lisa Stewart as defendants.

The suit claims that Burchett, who currently teaches at St. Charles Elementary School, was “grossly negligent” in her duties as a special education instructor and physically and emotionally abused the child over a period of time that stretched from October 2009 to March or April of this year.

The Sprinkles are seeking $1 million in damages and the payment of all of their daughter’s past, present and future medical and therapy bills as a result of the “physical and emotional harm” they allege she suffered.

The allegations levied against Burchett include claims that she mocked the girl’s disabilities and allowed her to remain in soiled clothing “for hours at a time.” The suit continues with allegations that Burchett subjected the child to “physical and emotional intimidation, shock and trauma, assault and battery,” and “shame and humiliation.”

Please contact us if you have any questions or need legal advice.

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Inquire@TGBlaw.com
www.TGBLaw.com

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Monday, October 18, 2010

FDA: Chelators Not Acceptable Treatment for Autism

Reprint of interesting article form VTLA Eclips.

The U.S. Food and Drug Administration (FDA) Thursday began cracking down on "dangerous and illegal" over-the-counter chemicals that are touted as treatment for autism and other conditions. The products, called chelators, can cause kidney damage, dehydration and even death and have not been approved by the FDA. The agency sent warning letters to a group of companies that are selling the products against federal law. Trine Tsouderos, LA Times  10/14/2010

Read Article: LA Times     

Please contact us (Charlottesville Attorneys) if you need legal assistance.



Tucker Griffin Barnes P.C.
Charlottesville, VA
434-9973-7474

Tuesday, September 21, 2010

DePuy ASR Hip Recall

DePuy Orthopedics, a Johnson and Johnson division, issued a global recall of the ASR hip system on August 24, 2010.

This recall applies to patients who have had a hip replacement since 2003. (DePuy implants prior to this date are not subject to the recall.)

The replacement recall affects the following products:

- ASR XL Acetabular System

- DePuy ASR Hip Resurfacing System

It has been determined that this hip implant fails at a very high rate and can cause high levels of metal ion release. The failure rate is twice the normal rate for comparable products. Patients have been or may be subjected to a revision surgery as a result of the recall.

If known, patients are urged to contact their orthopedic surgeons or hospitals where the implant was placed to find out the brand of implant inserted.

Call us (Charlottesville Attorney) if you need legal representation.

Tucker Griffin Barnes
Charlottesville, Virginia
434-973-7474
http://www.tgblaw.com/
Inquire@TGBlaw.com

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