Charlottesville Personal Injury Lawyer - Automobile Accidents

VA Supreme Court Rules On Wrongful-Death Case

Greg Webb — Mon, 23 Nov 2009 01:00:00 GMT

In a split decision, the Virginia Supreme Court decided to reinstate and send back to Henrico County Circuit Court (the trial court) a wrongful-death case in which a fourteen-year-old girl died in an automobile wreck. Jaimee Kellermann died while visiting a former school friend in Henrico County, Virginia in December 2004 after Paul and Paula McDonough, the parents of the friend, according to the suit, failed to maintain a promise that Jaimee would not be allowed to ride in a car driven by a juvenile. According to the suit, Jaimee’s father warned, "No boys with cars." The McDonoughs allowed their daughter and Jaimee to ride in the car with a seventeen-year-old boy who had a reputation for recklessness. The carload of teenagers subsequently crashed into a tree while traveling at a high rate of speed, which killed Jaimee.

The Henrico judge previously dismissed the suit seeking $15 million in damages, ruling that the responsibility of the parents overseeing the guest did not extend to the circumstances alleged in the suit. The state Supreme Court, however, stated parents have the broad duty to ensure the safety of a juvenile guest, even when harm comes to that guest from a third party outside the home. The decision argues that ignoring a broader duty diminishes liabilities and may lead to “absurd results”; if the supervisory responsibility of parents is not broad enough to cover guests, parents would have no liability even in instances in which children play in the street and are injured, or in which a death results from children playing with a loaded gun. The trial is expected to go to court sometime next year.

Originally posted at InjuryBoard by Greg Webb

Suing Parents for Sleepovers?

Bryan Slaughter — Sun, 19 Apr 2009 17:56:10 GMT

I was waiting to argue a case in the Virginia Supreme Court last week, and an interesting case relating to child safety was argued in front of me. The name is Michael H. Kellermann, Administrator, etc. v. Paul Mcdonough, et al., and the Court will make a decision about it in June, but I wanted to hear what people thought.

Since there has not been an opinion yet, I had to figure out what the facts were from the oral argument. It appears that the Mcdonough's invited Jaimee Kellermann, a fourteen year old girl, to their house to have a sleepover with their daughter. Jaimee's parents agreed to let her go on the condition that the Mcdonough's not let Jaimee ride in any cars with teenagers, because they knew that accident rates are much higher for new drivers, especially when there are other teenagers in the car. Before leaving her child with the family, Jaimee's mother said that she didn't want her child riding in cars with other teens, and the Mcdonough's agreed to this condition.

The girls went to see a movie. After the movie, the Mcdonough's daughter called her mother. and asked if they could get a ride home with some teenaged boys. The mother agreed. The car in which Jaimee was riding was apparently struck by another vehicle, and she was tragically killed.

Jaimee's parents brought a lawsuit, alleging that the Mcdonough's knowingly broke their promise about not letting Jaimee ride in a car with other teens, and as a result their oldest daughter was killed. The lower court threw the case out on the basis that the Mcdonough's did not have a legal duty to protect Jaimee is such a situation.

From the questions asked by the Justices, it appeared that they felt that parents hosting sleepovers ordinarily shouldn't be liable for injuries to their guests. What they focused on, however, was the specific request made by Jaimee's mother about not allowing the girls to ride in cars with other teens, and the agreement by the Mcdonoughs. This seemed to create an issue for some of the Justices - while ordinarily parents wouldn't be liable, if they affirmatively agree to do something to keep another child safe, and then knowingly don't do it, then maybe they should be legally responsible. The Court will decide the issue in June, so check back to find out what happens.

I'm conflicted on this. I personally don't think parents should ordinarily be able to sue if their child accidently gets hurt while a guest at someone else's house, but this might be a unique situation. What do other people think?

By the way, before people begin attacking Jaimee's parents for bringing this lawsuit, please understand that there is no way people who have not lost a child can understand their grief and anger. It's easy to say what you would or wouldn't do in such a situation, but until it happens to you (and god willing it never will), you can never really know what you'd do. My guess is they're bringing the lawsuit to change the law so maybe other parents will not have to go through the incredible tragedy they have experienced.

Originally posted at InjuryBoard by Bryan Slaughter

Cruise Ship Run Aground in Virginia

Jenny Albano — Sat, 10 Nov 2007 19:17:56 GMT

On Thursday, November 8 sixty-six passengers and crew members were transported to Virginia's shore by the Coast Guard after their cruise ship ran aground.

The ship, the Spirit of Nantucket, hit something while traveling in the intracoastal Waterway at around 5:30 a.m. and shortly began taking in water. When the captain realized this he decided to run the ship aground instead of letting the ship sink.

The ship "eased onto a mud shoal at the shoreline" about 25 miles south of the Elizabeth River near Norfolk, Virginia, while damage was assessed, the company statement said.

There was no reported injuries and the passengers were given breakfast while they awaited the Coast Guard ships to transport them. The cruise ship is lodged about 3 miles into the waterway from the Atlantic Ocean.

The ship had been on a 10-day cruise from Alexandria, Virginia, to Charleston, South Carolina. All the passengers were taken to a nearby hotel to stay.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

17 Tourists Dead in Mexico Bus Crash

Jenny Albano — Sun, 16 Sep 2007 22:09:51 GMT

A bus crashed in western Mexico Saturday, September 15, killing at least 17 tourists, many of whom had just arrived from Phoenix.

The bus was carrying 35 passengers from the resort city of Puerto Vallarta to Guadalajara when it ran off a mountain road and plunged into a ravine near the town of Compostela, about 125 miles from Guadalajara, the Nayarit's state prosecutor's office said in a statement.

The report stated that at least 17 people died, which included 13 men, 3 women, and a child of only one years old. There were 14 people that were injured from the crash. The driver of the bus survived, but was injured and had to be hospitalized.

As many as half of the passengers had just arrived in Mexico from Phoenix. The tourists were bound fro Guadalajara, but the plane was rerouted to Puerto Vallarta because of a fire at the Guadalajara Airport. Also, authorities know that at least eight passengers on the bus were Mexicans who live in Arizona who were visiting for Mexico's Independence Day. Four of the family members were injured, and the 1 year old died.

Four of the injured were from Los Angeles and Riverside, California, but authorities do not know any information about the deceased. The rest of the passengers on the bus were not identified.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Teenager in Critical Condition after Car Crash

Christina Cole — Sun, 04 Feb 2007 17:45:08 GMT

A teenager is in critical condition after a car accident on Thursday, when her car slid into oncoming traffic.

The 17-year-old girl was heading south on Virginia 43 when her 1988 Honda Accord crossed over into the northbound lane and collided with a 1997 extended Chevy Silverado, Virginia State Police say.

The girl was not wearing a seatbelt at the time of the accident and was airlifted to Lynchburg General Hospital where she was then flown to the University of Virginia Medical Center in Charlottesville.

The man driving the Chevy was also taken to Lynchburg Hospital but he did not suffer serious injury.

An investigation is ongoing and charges are still pending at this time.

Originally posted at InjuryBoard by Christina Cole