Injured child gets $50K from Norfolk

A child injured by the chlorine spill in Graniteville has been given $50,000 to settle a lawsuit with Norfolk Southern Railroads.

A settlement agreement was agreed upon and approved this week by a federal judge, bringing an end to legal action taken on behalf of Harold Dillionger Marchant, a Graniteville resident.

Nine people died and 250 were injured as a result of the Jan. 6, 2005, crash, when a Norfolk Southern train veered off the main track onto a spur, rear-ending a parked train whose crew had failed to switch the tracks back to the main rail.

The wreck ruptured a car carrying chlorine and released a poisonous cloud over the town.

Dozens of lawsuits have been filed connected to alleged personal injuries and wrongful deaths. The Environmental Protection Agency is also involved in a legal battle with the railroad.

The Marchant complaint, filed by the child's parents on their behalf, claimed that the negligence of Norfolk Southern in causing the spillage exposed both Harold Marchant and his brother to chlorine gas.

"As a direct, foreseeable and proximate result of the negligent, grossly negligent, willful, wanton and reckless acts of Defendants (Norfolk Southern), Plaintiffs suffered and continue to suffer physical and mental injury, pain and illness," the complaint said.

The case was filed at the state level in late 2007 before being bumped up to the federal court in early 2008 as it claimed constitutional infractions.

The settlement will not simply be handed over to the child's family; much of it will be separated to pay medical bills, attorney's fees and other expenses incurred.

The two law firms that represented the family -- Shapiro, Cooper, Lewis & Appleton and Koon and Cook P.A. -- were awarded attorney's fees and expenses totaling more than $14,000.

The majority of the settlement, $30,727.15, will be gradually dispersed to the minor's parents to "fund future periodic payments for the benefit of the minor, Harold Dillionger Marchant."

Calls to both parties involved were not returned immediately Tuesday.

Contact Mike Gellatly at mgellatly@aikenstandard.com.

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Michigan High Court to Reconsider Auto Accident Victims` Right to Sue

The Michigan Supreme Court has set the stage for reversing a 2004 precedent that restricts when people injured in auto accidents can sue for pain and suffering.

In a 4-3 order, the court decided to reconsider the case of man whose ankle was broken when a co-worker at a Flint auto plant backed a truck over it. The court had voted 4-3 to deny his appeal last October.

But that was before Democrat Diane Hathaway unseated Republican incumbent Clifford Taylor in the November election, ending conservatives’ control of the court.

Rodney McCormick’s case is a way for justices to take another look at a 2004 state Supreme Court ruling, which critics including medical groups, personal injury lawyers and the AARP say made it too hard to sue.

If people are injured in auto accidents in Michigan, their medical bills and up to three years of lost wages are covered through their personal injury protection insurance — which drivers are required to have.

Lawsuits are allowed for non-economic damages, or pain and suffering, but only when accident victims have been killed, seriously disfigured or seriously impaired.

The Supreme Court will review the legal standard used to determine if someone’s injury is severe enough for pain and suffering awards.

A 1995 state law says the injury must affect a person’s “general ability” to lead a normal life. The high court, in a 2004 case known as Kreiner, ruled the injury must affect the “course and trajectory” of one’s normal life.

That has resulted in 194 of 244 Kreiner-related cases being dismissed by the Michigan Court of Appeals, according to the Coalition Protecting Auto No-Fault.

House Democrats tried changing the precedent with legislation in 2007, but Senate Republicans blocked it.

Defenders of the Kreiner ruling say drivers will pay higher premiums if insurance companies have to pay out more legal fees and damages on behalf of policyholders who are sued frivolously.

Critics say the decision is a “travesty” keeping hundreds of victims from being fairly compensated for long-lasting injuries, some caused by drunken or reckless drivers.

McCormick underwent two surgeries for the broken ankle. His doctor cleared him to go back to work a year after the accident.

He still fishes and golfs, and works for the same pay _ though at a different job duty. He still has some pain but said during a deposition his life is relatively normal.

The trial judge and appeals court ruled the injury did not affect McCormick’s ability to lead his normal life. The dissenting appellate judge said McCormick’s work is a large part of his life, and his employer did not think he could keep doing some job functions.

The judge said doctors found some indication of degenerative joint disease in McCormick’s ankle, which he argued would effect the trajectory of his life.

The Supreme Court is expected to hear the case between October and May.

Copyright 2011 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Michigan High Court to Reconsider Auto Accident Victims` Right to Sue

The Michigan Supreme Court has set the stage for reversing a 2004 precedent that restricts when people injured in auto accidents can sue for pain and suffering.

In a 4-3 order, the court decided to reconsider the case of man whose ankle was broken when a co-worker at a Flint auto plant backed a truck over it. The court had voted 4-3 to deny his appeal last October.

But that was before Democrat Diane Hathaway unseated Republican incumbent Clifford Taylor in the November election, ending conservatives’ control of the court.

Rodney McCormick’s case is a way for justices to take another look at a 2004 state Supreme Court ruling, which critics including medical groups, personal injury lawyers and the AARP say made it too hard to sue.

If people are injured in auto accidents in Michigan, their medical bills and up to three years of lost wages are covered through their personal injury protection insurance — which drivers are required to have.

Lawsuits are allowed for non-economic damages, or pain and suffering, but only when accident victims have been killed, seriously disfigured or seriously impaired.

The Supreme Court will review the legal standard used to determine if someone’s injury is severe enough for pain and suffering awards.

A 1995 state law says the injury must affect a person’s “general ability” to lead a normal life. The high court, in a 2004 case known as Kreiner, ruled the injury must affect the “course and trajectory” of one’s normal life.

That has resulted in 194 of 244 Kreiner-related cases being dismissed by the Michigan Court of Appeals, according to the Coalition Protecting Auto No-Fault.

House Democrats tried changing the precedent with legislation in 2007, but Senate Republicans blocked it.

Defenders of the Kreiner ruling say drivers will pay higher premiums if insurance companies have to pay out more legal fees and damages on behalf of policyholders who are sued frivolously.

Critics say the decision is a “travesty” keeping hundreds of victims from being fairly compensated for long-lasting injuries, some caused by drunken or reckless drivers.

McCormick underwent two surgeries for the broken ankle. His doctor cleared him to go back to work a year after the accident.

He still fishes and golfs, and works for the same pay _ though at a different job duty. He still has some pain but said during a deposition his life is relatively normal.

The trial judge and appeals court ruled the injury did not affect McCormick’s ability to lead his normal life. The dissenting appellate judge said McCormick’s work is a large part of his life, and his employer did not think he could keep doing some job functions.

The judge said doctors found some indication of degenerative joint disease in McCormick’s ankle, which he argued would effect the trajectory of his life.

The Supreme Court is expected to hear the case between October and May.

Copyright 2011 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Camp-heater deaths bring jury award

Print   Email   Font Resizedenver and the westBut jurors also found the two hunters 67 percent at fault for using the product indoors.By Felisa Cardona
The Denver PostPosted: 08/14/2009 01:00:00 AM MDTUpdated: 08/14/2009 08:10:29 AM MDT

A federal jury determined Thursday that a pair of hunters who died while using a Coleman camping heater indoors were more responsible than the company, but still awarded the family more than $500,000.

Jurors believed that a radiant propane heater caused the 2006 deaths of Mark Torrey, 51, and his 26-year-old son, Christopher, and that Coleman was negligent in making sure that the Focus 15 heater did not create an immeasurable risk of harm. However, the jurors also believed that the hunters were 67 percent at fault for their own demise because the heater was made for outdoor use only.

The jurors awarded $2 million, which will be reduced by that 67 percent. The family should collect about $660,000.

Torrey's wife, Gale, and daughter Sheena filed the product-liability and wrongful-death lawsuit against Coleman.

Whitney Torrey, who was married to Christopher Torrey, also sued on behalf of her and their son, Joshua. The cases were consolidated by U.S. Senior District Judge Richard P. Matsch, who presided over the trial.

During closing arguments Wednesday, Torrey attorney Mark Stageberg told jurors to send a message to Coleman because their heaters had been implicated in other carbon-monoxide-related deaths and no recalls had been issued with regard to the propane Focus 15 heater that was used by the Torreys.

He told the jury that although the heater was for outdoor use only, about 30 percent to 40 percent of experienced hunters surveyed by Coleman thought the propane heater would be appropriate for indoor use.

After the verdict, Torrey attorney William Trine said he was disappointed that the jurors found the men partly at fault for their own deaths.

"I am hoping this is the last straw to put (Coleman's) board of directors to recall this product or get a national publicity campaign going to prevent additional deaths," he said.

Trine said about 1 million of Coleman's radiant propane heaters are still being used by consumers.

Coleman maintained that the Torreys could have died from carbon-monoxide emitted from two woodburning stoves that were in the Gilpin County cabin where they stayed.

Coleman lawyer Kenneth Lang also told jurors that even if they believe the Focus 15 was the cause of the carbon-monoxide poisoning, the heater clearly has a warning affixed to it that says it's for outdoor use only.

"Remember, an accident plus a product does not mean a product caused an accident," he said.

After the verdicts were read, Lang declined to comment because the company has not decided whether to appeal the case.

Gale Torrey called the lawsuit a "mighty, ferocious fight" for her loss.

Felisa Cardona: 303-954-1219 or fcardona@denverpost.com

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