DOT Issues First Ever Fine For Airport Stranding

Posted on November 24, 2009 by - Legal News

The Department of Transportation (DOT)  issued a fine against Continental Airlines and ExpressJet Airlines for stranding passengers in Rochester, Minn., for nearly six hours last August.  It is the DOT’s first-ever fine for an airport stranding.

The agency “levied a total civil penalty of $100,000” against the carriers for their roles in the Aug. 8 incident, according to a press release. DOT also penalized Mesaba Airlines $75,000 for the way it handled ground operations.

An investigation by the Aviation Enforcement Office found the three carriers violated laws that prohibit unfair and deceptive practices in air transportation, DOT’s statement said.

“I hope that this sends a signal to the rest of the airline industry that we expect airlines to respect the rights of air travelers,” said Transportation Secretary Ray LaHood. “We will also use what we have learned from this investigation to strengthen protections for airline passengers subjected to long tarmac delays.”

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Attorney James Sabatini Obtains Dental Malpractice Settlement

Posted on November 6, 2009 by - Medical and Dental Malpractice

Attorney James Sabatini recently obtained a settlement for his client in a dental malpractice case.  The amount of the settlement is confidential.  The case involved multiple tooth extractions.  During the extractions, a communication was created between the mouth and the maxillary sinus.  Such a communication or hole is a known risk of extractions of upper teeth.  The communication went undiagnosed for an unreasonable period of time.  Since it went undiagnosed, no treatment was provided and the client suffered chronic sinusitis and other injuries.  The case settled shortly before trial.

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Injured On Connecticut State Owned Property – 90 Day Written Notice of Claim Must Be Filed

Posted on October 29, 2009 by - Legal News, Slip and Falls

What to do if you are injured on a road, bridge, walkway or sidewalk controlled by the State of Connecticut? You must file a written notice of claim within 90 days of the accident.  If you do not file the written notice of claim, you will be prohibited from bringing a legal action against the State of Connecticut.  A claim for damages caused by a defective condition (e.g., a pothole, ice, water etc.) on a state highway, bridge or sidewalk is governed by the provisions of Section 13a-144 of the Connecticut General Statutes. Claims will only be legally viable if received within 90 days of the incident.
 
The notice of claim must include the following information:
  • Claimant’s name, address and telephone number.
  • A description of the accident of occurrence giving rise to the claim.
This must include:
(a) the date and time of the occurrence;
(b) the precise location (e.g., the nearest highway entrance/exit ramp or other highway marker, etc.);
(c) town.
  • A description of the property damage and/or personal injuries suffered.

The failure to provide written notice within 90 days or the failure to provide adequate written notice will destroy the ability to bring a successful claim in Court.  It is not sufficient for purposes of written notice that a police report or incident report was generated.  For all the reasons above, it is important to contact a lawyer immediately after the incident and for the lawyer to provide proper and timely written notice of the claim.

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Yaz Gallbladder Disease

Posted on October 20, 2009 by - Hot Topics, Unsafe Drugs

Gallbladder disease is one of the dangerous side effects of Yaz and Yasmin birth control pills. Throughout the U.S., women who have taken Yaz or Yasmin have developed gallstones as a result. In many cases, these women have had to undergo gallbladder removal surgery.  Yasmin and Yaz present an increased risk of gallbladder disease because of the ingredient drospirenone. Drospirenone is a diuretic, and medical studies have shown that long-term use of diuretics can lead to gallbladder disease. The gallbladder assists with the body’s digestive process. Bile is stored in the gallbladder until the body needs it to digest fats. The gallbladder then contracts, pushing the bile into the common bile duct. Gallstones form when bile is stored in the gallbladder for too long, allowing the liquid to harden into small stone-like pieces. Yaz and Yasmin can increase the level of cholesterol in the bile while at the same time decreasing gallbladder contractions. The symptoms of Yaz gallbladder disease include:

  • Abdominal pain and bloating
  • Diarrhea
  • Nausea
  • Jaundice

If you or a loved one have been using Yaz and have been experiencing such symptoms, contact your doctor immediately.

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Driving While Distracted – Growing Cause of Car Accidents In Connecticut And The Nation

Posted on October 11, 2009 by - Car Accidents, Hot Topics

Across the nation, distracted driving is a growing threat to traffic safety. In 2008, 5,870 people died and another 515,000 people were injured in police-reported crashes in which driver distraction was listed as a cause, according to the National Highway Traffic Safety Administration. The proportion of fatal accidents associated with distracted driving increased from 11 percent in 2004 to 16 percent in 2008, according to federal statistics.

The dangers of driving and talking on a cell phone or sending text messages have received attention with some states acting to ban certain activities while driving.  It is unlawful in the State of Connecticut to use a hand held cell phone while driving a motor vehicle.  Other secondary tasks such as eating, drinking and talking with passengers also can cause distractions.

A 2007 national survey found that 81 percent of people ages 16 and older have a wireless phone in the vehicle while they are driving. The age group with the greatest proportion of distracted drivers is the under-20 age group. Sixteen percent of drivers under 20 in fatal crashes were reported to have been distracted while driving.   Text messaging appears to be a growing problem with more and more people texting while driving.  Connecticut has banned texting while driving.  However, just like Connecticut drivers continue to use their cell phones while driving so do people continue to text and drive.

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