18 WHEELER INVOLVED IN 7 CAR CRASH IN DALLAS | Dallas, Texas Personal Injury Attorney Blog

Friday, September 25, 2010, there was a major accident reported on eastbound Interstate 635 (LBJ Freeway) at Coit and Hillcrest. The crash, involving an 18-wheeler and seven cars, occurred shortly before noon Friday. The semi truck ended up in a median with debris spilled all over the roadway. Several ambulances were requested to respond to the collision.

 

Montes Herald Law Group, L.L.P.

Rachel Montes and Tom Herald

1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

(214) 522-9401

www.MontesHerald.com

Facebook @ Montes Herald Law Group, L.L.P.

JOHNSON & JOHNSON REPORTEDLY ENGAGED IN A SECRET RECALL OF MOTRIN | Dallas, Texas Personal Injury Attorney Blo

ABC News has reported that in 2009 Johnson & Johnson engaged in an attempt to buy up defective Motrin packages in order to avoid an official recall. The ABC News story reported that the president of Johnson & Johnson directed contractors to go into 5,000 convenience stores around the country and to quietly purchase all of the defective Motrin product in the store to avoid alerting the public as to the defect in the Motrin.

One of the alleged contractors, Lynn Walther, said he was given instructions: “You should simply act like a regular customer while making these purchases, the document said. “There must be no mention of this being a recall of the product. Run in, find the product, make your purchase and run out.”

ABC News reported that the defect with the Motrin product was that the capsules did not dissolve after it was ingested.

This investigation arose as a result of a previous investigative probe of numerous recalls of other Johnson & Johnson products since last September involving tens of millions of bottles of Tylenol and other Johnson & Johnson non-prescription medicines for allegedly containing the wrong doses of active ingredients and investigations concerning contamination of the medicines with bacteria or tiny metal shards.

The FDA claims it was unaware that Johnson & Johnson engaged in this secret recall, but Johnson & Johnson is claiming that the FDA was aware of this effort.

Congress is currently investigating whether Johnson & Johnson’s attempted the “phantom” recall was conducted without the knowledge of the Food & Drug Administration (FDA) and whether it violated federal laws. The hearing is scheduled for September 30, 2010.

Montes Law Group, P.C.

Rachel Montes and Tom Herald

1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

Telephone (214) 522-9401

Facebook @ Montes Law Group, P.C.

PARENTS OF PRAIRIE VIEW A&M STUDENT WHO DIED IN A HAZING INCIDENT SETTLE LAWSUIT | Dallas, Texas Personal Injury Attorney Blog

Donnie and Katrina Wade, the parents of Donnie Wade II, a 20-year-old biology major at Prairie View A&M University who died in a hazing incident in 2009 have settled their wrongful death lawsuit against the fraternity their son was pledging.

According to a report from Prairie View A&M University, the University found that Donnie Wade II and other pledges were exposed to “unreasonable risk or harm” when ordered to participate in intense exercise drills. During one of those early morning drills, Donnie Wade II collapsed on the Hempstead High School track and never regained consciousness. Instead of calling for an ambulance, fraternity members drove him to a Houston hospital. The medical examiner ruled that Wade died as a result of acute exertional rhabdomyolysis, which can be triggered by strenuous exertion. This medical syndrome, which leads to muscle degeneration, has been linked to the sudden deaths of military recruits and athletes.

Phi Beta Sigma’s chapter was disbanded this spring after a university review board determined that members violated hazing rules and plotted a cover-up after Wade’s death. To further ensure that this fraternity does not simply re-organize and re-open a chapter at the university, the university sanctioned Phi Beta Sigma with a suspension lasting through December 2014 and a probation ending in May 2015.

This case presents a very typical type of hazing case. Usually, the fraternity pledges are forced to undergo certain rituals, exercises or to participate in activities that lead to others being injured or killed. Often, alcohol is involved and the fraternity members engage in these activities every year under the banner of “tradition” to make the pledges feel as as a test of loyalty and unity. These hazing activities often are considered a rite of passage that the victim must endure before the victim is permitted to become an official member of the group. These rites of passage tend to focus on efforts to humiliate, embarrass and often times even involve physical or sexual assault that may cause permanent physical and mental injuries, and in some cases even result in death. Then, after the fact, the group involved often tends to “circle the wagon” to protect the organization and the individuals involved as part of the Code of Silence. Education and enforcement of anti-hazing policies and laws appear to be the best ways to combat this counter-culture and to expose these groups and behaviors. Holding those involved accountable is an important step towards stopping the cycle of abuse so that others will know that these illegal behaviors will not be tolerated.

If you or a loved one is seriously injured or killed as a result of a hazing incident, it is important that you take action quickly to protect your rights. Communicating in writing with the appropriate organizational, educational and police authorities to properly and timely document your complaints is extremely important. Some schools and universities have extremely short deadlines (sometimes as short as 48 hours from the time of the incident) in their Codes of Conduct to report such conduct if you desire for the institution to take any action. If you find yourself in this situation, you need to know your rights and take action quickly to protect those rights.

Montes Law Group, P.C.
Attorney: Rachel Montes

TOYOTA ANNOUNCES SETTLEMENT OF HIGH-PROFILE SUDDEN ACCELERATION LAWSUIT | Dallas, Texas Personal Injury Attorney Blog

The Los Angeles Times is reporting that Toyota has agreed to settle one of the high-profile lawsuits that were filed against Toyota that led to congressional fines against Toyota and a global recall of thousands of Toyota vehicles for unintended sudden acceleration.  The details of the settlement agreement are apparently confidential.  Toyota revealed the settlement in a letter to a California Superior Court judge.

The case involved a fatal crash near San Diego in which California Highway Patrol officer Mark Saylor was killed, along with his wife, 13-year-old daughter and brother-in-law.  Part of the events of that crash were captured on a 911 recording of the victims screaming “There’s no brakes!” moments before a fiery death.  The accident triggered a chain of events leading to congressional hearings, multiple federal investigations and record fines against Toyota.  Investigators said the crash may have been caused by an improperly installed floor mat, but attorneys for the family argued that the floor mat was not the problem. He said the accident could have been caused by an inherent defect in the car’s electronics.
The Lexus dealership that sold the vehicle was not a party to the settlement agreement leading to speculation that the stage may be set for a fight between Toyota and its dealerships as to who is to blame for sudden acceleration incidents.  “Toyota has sought to protect only its own interests. They decided to cut out their own dealer,” said Larry Willis, attorney for Bob Baker Lexus,

The automaker still faces dozens of other lawsuits in that courtroom, as well as federal personal injury suits and claims for economic damage that have been consolidated in a U.S. District Court in Santa Ana, Calif.

Last week, Toyota filed a motion to dismiss hundreds of the federal complaints seeking class-action status on grounds that they failed to identify a single electronic defect that could cause sudden acceleration.
Montes Law Group, P.C.
Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 7563
Telephone (214) 522-9401
Fax: (214) 522-9428

Facebook: Montes Law Group, P.C.