- Jeremy Thurman | March 28, 2008 10:38 PM |
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Automobile AccidentsIn a sad story, Newsok.com is reporting that two Chouteau women died Friday when a teenager ran a stop sign and slammed into the car in which they were riding, according to the Oklahoma Highway Patrol. Betty Day Ashley, 61, and Joana K. Hanna, 54, died at the scene of the wreck, which occurred about 3:25 p.m. about two miles southwest of Bartlesville on a Washington County road.Troopers said...
- Jeremy Thurman | March 24, 2008 11:07 AM |
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MiscellaneousAbout this time of year, the Daily Disappointment, aka The Oklahoman begans issuing editorials as instructed by their bosses at the State Chamber. If you think I'm kidding about who Ed Kelly's bosses are, I'm not, he does the Chamber's bidding. Now in their titled "Aces Low: Trial Lawyers Overplay Their Hand," the Oklahoman editorial staff in only what can be called a propaganda scheme that...
- Jeremy Thurman | March 23, 2008 6:56 PM |
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Nursing Home & Elder AbuseI saw this great oped in the Tulsa World this morning. The article is by Hugh M. Robert and below. For those of us who represent injured Oklahomans in nursing home abuse cases, we realize the importance of getting insurance for Oklahoma nursing homes. This will create a greater degree of responsibility and allow injured Oklahomans to hold nursing homes liable for their neglect."A growing...
- Jeremy Thurman | March 22, 2008 10:44 PM |
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Automobile AccidentsI know as attorneys I tend to sometimes get numb to different accidents and the horrific injuries and sometimes death I see. That said, I am always a father, husband and family man first and attorney second. I don't know how a person could survive any other way. Considering the above, I hate to report that two children were hurt in car wreck in Durant Oklahoma. The car accident involved...
- Jeremy Thurman | March 21, 2008 11:18 PM |
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Medical MalpracticeThe following reported by Yahoo is just another scary incident where the medical profession has failed to police itself. With all the talk of tort reform et al, this gives me the biggest evidence against such. Doctors and medical professionals routinely fail to police themselves leaving on us medical malpractice lawyers to do such. I have seen simliar circumstances of coverup, lies and...
- Jeremy Thurman | March 20, 2008 8:05 PM |
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Tractor-Trailer AccidentsThe Purcell Register is reporting that a Texas man remained in critical condition Tuesday after the semi he was driving left the interstate and landed on state Highway 74 (Grant Street) in Purcell. This is a horrible accident that shows the devastation a semi can cause in an accident. Our prayers go out to the families of those effecting by this trucking accident. I've posted the story...
- Jeremy Thurman | March 20, 2008 7:50 AM |
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Automobile AccidentsHere is an interesting legal secret that I have done for clients. In Oklahoma, you can make your uninsured/underinsured motorist carrier pay first in a car wreck or trucking wreck. This is often faster than dealing with the negligent parties insurance and can at times pay more since your UM carrier has a good faith duty to you, its insured.36 Okla. Stat. § 3636 specifically states that "for...
- Jeremy Thurman | March 19, 2008 11:50 PM |
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MiscellaneousMSNBC is reporting that a jury has awarded a $590 million wrongful death judgment Tuesday to the young daughter of a woman killed by her estranged husband and to the slain woman's estate.Darren Mack, once a wealthy pawn shop owner, is serving a life sentence for the June 2006 killing of his wife and shooting of the couple's divorce judge.Under the award in the wrongful death lawsuit, $530...
- Jeremy Thurman | March 19, 2008 11:46 PM |
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Automobile AccidentsI'm about to make a confession. I am a huge baseball fan. Even worse, I'm a Texas Ranger baseball fan. So while looking over what this season is going to be like, I noticed that one of my favorte players was involved in a car wreck. Dallasnews.com is reporting that third baseman Hank Blalock's car was rear ended March 3 as he came home from lunch (at Chuck E. Cheese) with his wife and one of...
- Jeremy Thurman | March 19, 2008 9:51 AM |
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Nursing Home & Elder AbuseThe Tulsa World is reporting that an amendment submitted by Sen. Richard Lerblance, D-Hartshorne, to Senate Bill 1549 would require nursing homes to carry at least $250,000 in liability insurance. The Senate approved the bill by Sen. Brian Crain, R-Tulsa, 45-0. It now heads to the House. An example of why this is important was placed in the Tulsa World article. The article talked about "Leah...
- Jeremy Thurman | March 19, 2008 8:42 AM |
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Nursing Home & Elder AbuseYou know we use a lot of legal and medical terms as trial lawyers, but I wanted to briefly discuss the basic parameters of what a bed sore is and what to look for. For all those who have loved ones in Oklahoma Nursing Homes, I challenge you to constantly visit and monitor those who are bed ridden or do not change positions for a long period of time. I truly hope you never have to contact a...
- Jeremy Thurman | March 18, 2008 3:42 PM |
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Nursing Home & Elder AbuseCiting a study by the Oklahoma Center for Consumer & Patient Safety, newsok.com ran a story about Oklahoma nursing homes failure to carry insurance. Don't be confused by the story as the Oklahoman/Newsok.com rarely if ever will run a story that speaks favorable to consumer rights. However, I did find it interesting the comments made by Becky Moore, executive director of the Oklahoma...
- Jeremy Thurman | March 18, 2008 11:02 AM |
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Automobile AccidentsNewsok.com is reporting that two Norman firefighters are recovering after their engine rolled over north of Little Axe early this morning (Tuesday) while responding to another rollover accident. The engine was responding to an accident at 156th Avenue NE and Nelson Road just after 5:30 a.m. when it slid onto the soft shoulder of the road near 156th Avenue NE and American Legion Road. The engine...
- Jeremy Thurman | March 17, 2008 3:33 PM |
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Property Owner's Liability (Slip & Fall)Okla. Stat. Tit 4 § 42.2 basically defines when you can recover for a dog bite on the dog owners property and when you can recover for a dog bite in a public place. The statute reads as follows: "a person shall be considered to be lawfully upon the private property of the owner of a dog when he or she is on the property in the performance of any duty imposed upon the person by the laws of...
- Jeremy Thurman | March 17, 2008 3:00 PM |
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Property Owner's Liability (Slip & Fall)I just settled a dog bite case today. I had some good facts working for my case and some bad facts. The bad facts were simply it took forever to find the owner of the dog as my client tried to clean his wound's himself and finally gave up and went to the doctor. Only after going to the doctor did he call animal control. Luckily we found the dog but I thought I would write some pointers on...
- Jeremy Thurman | March 16, 2008 3:29 PM |
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Property Owner's Liability (Slip & Fall)Oklahoma dog bite laws are clear and explicitly stated Okla. Stat. Tit 4 § 42.1. Section 42.1 states that the owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be.What does that mean? Well it practically means if...
- Jeremy Thurman | March 16, 2008 12:20 PM |
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Automobile AccidentsI just saw this blog by fellow injuryboad blogger Jamie G. Goldstein for Chicago where State Farm's practice of hiring supposed independent medical examiners is being exposed in New York . I wanted to alert any reader to the post and lawsuit against State Farm as it is an example of what we face in Oklahoma all the times with these supposed 'independent medical examiners." In her blog, she...
- Jeremy Thurman | March 16, 2008 12:03 AM |
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Automobile AccidentsI just read a press release by Democrat Oklahoma State Senator Debbie Leftwitch on her bill to create stiffer penalties for unlicensed drivers causing injury/fatality accidents. The bill was approved by the full Senate. I want to give her kudos for doing the right thing. I wanted to add that in most circumstances these drivers do not carry insurance either, thus harming the injured and/or...
- Jeremy Thurman | March 15, 2008 8:46 PM |
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Automobile AccidentsBefore I get to the headline of this blog, I would like to give an explanation of how I found it. See, I'm a sports nut. I play fantasy baseball, fantasy basketball, fantasy football, fantasy golf and probably every NCAA tournament braacket you could imagine. I've always played sports from the youngest age through college and into my adult life I have started playing softball (yes I can...
- Jeremy Thurman | March 15, 2008 3:27 PM |
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Property Owner's Liability (Slip & Fall)Oklahoma is a strict liability state for dog bites against the owner of the dog if you are able to prove ownership and that the dog actually bit someone. Strict liability may seem easy to prove, but when insurance companies are involved it is not always so ease. I'm going to write a short three part series explaining the basic principles of dog bite law in Oklahoma. In the coming days I will...
- Jeremy Thurman | March 14, 2008 8:49 PM |
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Automobile AccidentsI know this is not hard hitting news, but after growing watching Gilligan's Island, I had to post this from Yahoo News. Dawn Wells who played Mary Ann on Gilligan's Island was sentenced Feb. 29 to five days in jail, fined $410.50 and placed on probation after pleading guilty to one count of reckless driving.Under a plea agreement, three misdemeanor counts -- driving under the influence,...
- Jeremy Thurman | March 14, 2008 3:39 PM |
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Medical MalpracticeIt just came accross on yahoo.com that 2 of actor's John Ritter's doctors were cleared of negligence in this high profile medical malpractice case. Yahoo is reporting that the jury cleared a cardiologist and a radiologist today of negligence in the diagnosis and treatment of actor John Ritter, who died of a torn aorta in 2003. Jurors found that the radiologist advised Ritter to follow up with...
- Jeremy Thurman | March 14, 2008 3:04 PM |
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Tractor-Trailer AccidentsAccording to newsok.com a Chickasha man died in a two-vehicle accident in Blaine County. Per the authorities, the now deceased Leon Smith was driving a tractor-trailer loaded with hay bales south on State Highway 8, about four miles south of Hitchcok, according to the Oklahoma Highway Patrol.Smith tried to negotiate a curve at a high rate of speed when the tractor-trailer rolled on its side,...
- Jeremy Thurman | March 13, 2008 9:01 PM |
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Automobile AccidentsFox 23 News in Tulsa is reporting that say just before midnight 53-year-old man was walking on the sidewalk near 5th and Lewis. That's when police say a driver went up on the sidewalk, hitting him from behind. The man died at the scene.The driver was taken to the hospital with non-life threatening injuries. Police are now waiting for toxicology reports to see if the driver had been drinking.
- Jeremy Thurman | March 13, 2008 6:27 PM |
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Automobile AccidentsI've become more and more fascinated with people who drive distracted. Whether text messaging, talking on a cell phone, doing makeup, shaving with an electric razor, styling hair, watching a movie, writing a grocery list, or putting in contact lenses: These activities have become common place on the America Road. Simply, with technology and are busy lives coming into one, more and more...
- Jeremy Thurman | March 13, 2008 4:15 AM |
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Automobile AccidentsBeing the father of a girl who will be going to her first prom this year and a trial lawyer, I have to admit that I'm paranoid. I'm paranoid about her behaviour because she is a great child. What I'm concerned about is the other chiildren attending these events and the statistics about car wrecks that come with the prom. Studies show that alcohol related crashes kill more people from the ages...
- Jeremy Thurman | March 12, 2008 8:08 AM |
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Wrongful DeathI wanted to follow up on the trucking accident that killed a family of 4 from Joplin, Missouri. Azcentral.com is reporting that police are recommending that the truck driver be charged with 4 counts of negligent homicide. If you recall, the accident happened in Pryor Oklahoma where the truck driver negligently rear-ended the family of 4 at a stop light.This sad story once again reiterates the...
- Jeremy Thurman | March 11, 2008 9:59 PM |
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Tractor-Trailer AccidentsI just picked up this very sad story from the Joplin Globe. Apparenlty a family of 4 from Joplin was driving to Dallas when a Semi (truck) struck them from behind at a stop light. Sgt. Brent Crittenden of the Pryor (Okla.) Police Department said witnesses reported that the Hayes' vehicle stopped about 1:15 p.m. for a traffic light at U.S. Highway 69 and Southeast 49th Street."The family had...
- Jeremy Thurman | March 11, 2008 9:13 PM |
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Wrongful DeathIn a very sad story, the Tulsa World is reporting that over seven people have been killed in crashes in the Tulsa area.Per the article, five people ages 18 and younger are among those killed. Seven people -- including two Catoosa teenagers and a Missouri family -- were killed in crashes Sunday in Green Country, and a Pawhuska teenager died Monday after a single-vehicle crash in Delaware County.
- Jeremy Thurman | March 10, 2008 10:07 PM |
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Automobile AccidentsI recently bought a blue tooth headset for my phone. I bought this because I caught myself doing exactly what I condemn to insurance companies and juries in a car wreck case. What is that? Well, see I have this bad habit of talking on my cell phone while I drive. Many of our serious injury cases can be directly attributed to a driver talking on a cell phone and being inattentive. So i took...
- Jeremy Thurman | March 10, 2008 10:00 PM |
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Property Owner's Liability (Slip & Fall)A recent comprehensive study of dog attack injuries revealed that dogs bite approximately 4.7 million Americans every year. Of these, about 800,000 dog bite victims require medical attention. Each year, 1.8% of the U.S. population is bitten by a dog. One out of every six of the dog bite victims has to seek medical care because of an attack. Tragically, almost half of all dog bite victims are...
- Jeremy Thurman | March 10, 2008 11:29 AM |
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Automobile AccidentsAccording to the Oklahoman, Two teenagers died inatraffic accident early Saturday, , according to the Oklahoma Highway Patrol. The two teens from Sasakwa were killed when the car they were riding in crashed about 2:30 a.m. on State Highway 56 in Seminole County, troopers said. The driver, an 18-year old, also of Sasakwa, refused treatment for his injuries at the scene of the...
- Jeremy Thurman | March 09, 2008 6:22 PM |
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Automobile AccidentsYesterday we ended with a brief discussion on joint and several liability for injured automobile passengers. Today I want to talk about why this is important. Lets say Susie Q suffered a back injury that left her a quadriplegic. Her medical bills will be more than $2,000,000.00 not counting the millions she will need over the course of her lifetime. John Doe only has the state minimum of...
- Jeremy Thurman | March 08, 2008 2:58 PM |
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Automobile AccidentsIn a follow up to yesterday's post, I want to discuss what rights a passenger in automobile driven negligently by John Doe would have. In my previous scenario, John Doe rear-ended an automobile doing 50mph. Lets make that automobile a tractor trailer which made an abrupt lane change in front of the speeding John Doe. Lets also assume, John Doe was 60% at fault and the trucking company was 40%...
- Jeremy Thurman | March 08, 2008 1:21 AM |
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FDA & Prescription DrugsI was discussing tort reform with a friend today and I heard my favorite term, Jackpot Justice. Of course I convinced my friend of the error of his ways and the utter fallacy of the tort reform movement. However, I got to thinking, what is Jackpot Justice. I better add a disclaimer, after reading this, this is truly a late night rant against the rhetoric of politicians.Now understand one...
- Jeremy Thurman | March 07, 2008 6:13 PM |
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Automobile AccidentsDrunk driving is a serious problem that continues to plague our society. As an attorney, its a wonderful thing to help those who have been harmed by a drunk driver. These accidents are usually castastrophic and my heart goes out to the families. Anyway, what brought this to my attentnion is I just read that an Edmond woman was recently sentenced to 10 years in prison for causing a deadly car...
- Jeremy Thurman | March 07, 2008 2:54 PM |
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Automobile AccidentsAs a personal injury attorney I foolishly assume that people know they have a claim when they call or even are hurt in an accident. This foolish assumption has recently been eroded. I was recently discussed with a member of my church the rights of passengers of an automobile who were hurt in a train accident. Sometimes people fail to realize that if they are in an individual's care that is at...
- Jeremy Thurman | March 06, 2008 4:18 PM |
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Tractor-Trailer AccidentsLocal news reports are saying that two people are dead and one is critically injured after a Chevy Astro van drifted off onto the shoulder of a highway, hitting the back of a freighterliner near Ratcliff Oklahoma.Our condolences to the families that lost loved ones.
- Jeremy Thurman | March 06, 2008 3:26 PM |
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Automobile AccidentsI just recieved one of those calls that every attorney fears. A potential client calls telling me how his daughter was hurt seriously in an accident and that he has been unsuccessfully trying to deal with the insurance company for a long time. He stated his daughter had numerous medical bills and needed an attorney. He told me she had back surgery and permanent injuries. For those of us in...