Child Dies At West Jordan Day Care Center

On Thursday, September 8, 2016, a 23-month old child died while being cared for at the West Jordan Child Center. According to KSL News, video footage shows the child crawling under a large bean bag. A short time later, a staff person apparently sat on the bean bag and remained there for at least 10-15 minutes before the boy was discovered. When they found him, he was unconscious and not breathing. Continued treatment at Primary Children’s Hospital proved fruitless and he was pronounced dead that evening. West Jordan Police have called this a tragic accident.

I send my condolences to the family for their tragic loss.

The article in KSL says that the parents have questions following this event. They wonder how this happened and how an adult would not know something or someone was under the bean bag. Why they would not have heard anything. In response, the day care’s attorney issued a statement expressing condolences, but providing no answers.

From my perspective, there are a number of questions that need to be answered, such as whether it was appropriate to have a large bean bag in an area where small children played that they foreseeably could crawl under; whether staff were properly tracking the children in their care; whether the staff person should have made certain that no small children were under a lumpy, large bean bag before sitting down on it. According to Utah’s Department of Health child-care licensing program, the Center has received a violation in the past five years for children being left unattended. See https://www.washingtonpost.com/news/morning-mix/wp/2016/09/13/toddler-suffocated-under-bean-bag-chair-as-day-care-employee-sat-on-it-reading-to-other-children-police-say/. A violation like this is notice to the Center that there are or have been deficiencies in supervision that need to be addressed. Certainly this incident raises the question of whether they have adequately responded to those deficiencies.

I would advise the family to seek the services of a West Jordan wrongful death attorney to continue the investigation as to how this event was allowed to happen.

Texas Teen Loses Life in Moab Car Crash

A 15 year-old Texas teenager from San Angelo lost her life following a crash between two cars just outside the entrance to Arches National Park on Saturday, May 14, 2016.

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According to the Salt Lake Tribune, the crash happened when a driver of a 2012 Jeep CJ failed to see oncoming traffic and made a left-hand turn onto southbound State Road 191, pulling right in front of a 2013 Toyota Rav4 which was heading north. The force of the crash caused the Jeep to roll and the Rav4 to spin out. A teenage female passenger in the Rav4 was taken to Regional Medical Center in Colorado where she was later pronounced dead. According to reports, the teenager was wearing her seatbelt incorrectly. The other three in the car who were reported to have been wearing their seatbelts correctly only suffered minor injuries.

I send my condolences to the victims of this tragic crash that could have been so easily prevented had the driver of the Jeep just maintained a proper lookout and had seen what was there to be seen. The sad reality is that when you are negligent and cause a crash such as this, you cannot choose the fate of what happens to your victims. Some may go unscathed or suffer only minor injuries. Yet others – who may have been impacted more directly or who may have not been properly restrained – will suffer the maximum harm of losing their life.

Legally speaking, the parents of the young teenager have a “wrongful death” claim against the driver of the Jeep and/or its owner if the driver is less than 18 years-old. As the value of the claim will likely exceed apparent insurance limits, an under-insured claim should also be made on the policy covering the Toyot

West Valley Fatal Accident Closes Bangerter Highway

A man, Francisco Garcia, 18 years-old, is dead following a high-speed motor vehicle accident happening in West Valley, Utah. According to KSL News, a man driving a mini-van early on September 22, 2012, northbound on Bangerter Highway ran a red light at the overpass at U201. Another motorist, Francisco Garcia, was traveling south on a green light and was struck by the mini-van driver. The collision was significant and Garcia died as a result of his injuries. Other passengers suffered injuries, ranging from minor to significant. Another motorist was also involved in the collision, but they are said to be uninjured. Bangerter Highway was shut down while emergency crews and police personnel were on the scene.

I send my deep condolences to the family of Francisco Garcia and to those who were injured in this needless auto accident.

Utah Wrongful Death and Personal Injury Claim

Legally speaking, motorists are required to stop at traffic signals. Running a red light in this instance was, in my opinion, reckless. We see in this case the tragic results that can happen to innocent drivers and passengers where motorists drive recklessly. All those injured, and the family of Francisco Garcia, have a claim against the at-fault driver. The wrongful death claim must be brought within 2 years and the injury claims must be brought within 4 years. I suspect in this case that there will be insufficient insurance coverage on the at-fault driver’s insurance policy. There is likely additional coverage on the under-insured insurance policies for the individual victims of this crash.

Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah wrongful death attorney.

Nephi Plane Crash Takes Two Lives

A plane crash in Nephi, Utah, on August 30, 2012, has taken two victims: Robert Marion Lamb, 45 of Woodland Hills, Utah and Peter John Morweic, 58 of Ontario, Canada. According to KSL News, the small, singe-engine plane went down shortly after take-off near state Route 132 and north of the Nephi Municipal Airport.

According to the report, Morwiec had just purchased the plane and was planning to fly it back to Ontario. The two were up in the air with Lamb giving him post-sale instructions for the Alarus CH2000 airplane when by accounts, the plane got caught in very windy and stormy weather and crashed. The FAA is currently investigating the crash.

I send my condolences to the friends and families of those affected by this tragic crash.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah wrongful death attorney.

Woman Loses Life in Sandy Utah TRAX Accident

Ashli Brusnahan, a 20-year-old woman, was fatally injured in a TRAX train accident on Saturday, May 5, 2012 at approximately 150 E. and 8400 S. in Sandy, Utah. According to KSL News, Ashli was walking in an area that is not designed for pedestrian traffic. As she was walking, a northbound train passed by at close to 50 mph and struck her. Ashli was originally from Kamas, Utah, but was residing in Sandy at the time.

I send my sincere condolences to Ashli’s family for their loss.

Standing or walking close to where TRAX trains are is never a good idea. I wonder, though, if where Ashli was struck had become a regular pedestrian walking area. If UTA knew that pedestrians were now regularly walking in this area, a duty would arise to make sure that they were kept out. It may be beneficial for the family to look into this to find out why Ashli was where she was and if the negligence of UTA somehow contributed to this.

Ron Kramer is a Utah personal injury and wrongful death attorney practicing throughout Utah. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah pedestrian accident attorney.

Three Men Perish in Utah Plane Crash

Price resident, Larry Newby, 55, and two passengers, died in a plane crash on April 25, 2012. According to KSL News, the men were in a single-engine Cessna 185 airplane sightseeing near the Four Corners area when the plane went down.

 

Redtail Aviation of Price, Utah, who employed pilot Larry Newby, but who did not own the plane, contacted the sheriff’s office to report that an emergency beacon had been transmitting for several hours from the same location. Based on this, the San Juan County Sheriff’s office and the Utah Highway Patrol flew to the scene in a helicopter, where they discovered the downed plane. They noted that all three occupants of the plane had perished.

The plane was registered to Kyle Richardson of Midland, TX. He was on board along with his father, Wade Richardson, from Ozona, TX. Investigators are not sure who was piloting the plane.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah wrongful death attorney.

Utah Wrongful Death Lawsuit Proceeds Against UDOT

A Utah family has filed suit against the Utah Dept. of Transportation for the fatal accident that took their teenage daughter, Justine Barneck’s life back on July 13, 2011. KSL News reflects back on this tragic accident, stating that 15 year-old Justine and her father Michael Barneck were traveling back home on SR 35 near Tabiona, Utah in Duchesne County when their vehicle crashed into the side of a sinkhole. UDOT reported that the sinkhole had been repaired due to an earlier rainstorm, but just before the Barnecks started back home, another storm had created the sinkhole again. The impact of the crash took Justine’s life and sent the father to the hospital with injuries. It was also reported that there was another accident involving the same sinkhole just before Michael and Justine had their Utah sinkhole accident.

So the family has now filed a wrongful death lawsuit against UDOT. The filing happened March 6, 2012 in the 3rd District Court in Salt Lake City Utah. The news story says family is seeking at least one million dollars in this case. The Barnecks claim that this sinkhole accident happened because of the negligence of UDOT for not posting any warning signs in the area.

I offer my sincere condolences to the Barneck family for the loss of their daughter.

As a Utah wrongful death lawyer,  I think this lawsuit is well taken. I agree with the Barneck family that UDOT at a minimum should have placed caution signs just before the sinkhole to warn motorists of the hazard ahead. I’m not a sinkhole specialist, but it would seem that there is a much greater chance that a sinkhole will reoccur in or around the same area and that until road authorities are confident the ground has stabilized, that warnings should be placed in case the sinkhole reoccurs without warning.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation.

Two Women Killed While Walking to Bar’s Parking Lot

Two women, Andrea Fuguel, 37 years-old of Taylorsville and Erica Warneke, 35 years-old of West Jordan, lost their lives in a fatal accident while crossing Redwood Rd. around 2 in the morning on March 4, 2012. According to KSL News, the women had just left the Westerner Club, located at 3660 S. Redwood Rd. and were crossing the street to get to their car when they were hit by a truck going north. Police say the women were not in a crosswalk. The two women were taken by ambulance to area hospitals where they were pronounced dead. The 46-year-old driver of the truck that hit them is cooperating with investigators. Police say that alcohol was not a factor in this accident. Andrea Fuguel leaves behind a husband and 5 children.

I offer my sincere condolences to the families affected by this tragic accident.

As a Utah wrongful death attorney, I can’t but help to wonder about the parking arrangements that the Westerner had for its patrons, especially those who would drink and then walk across the street to their car (presumably with their designated driver). On the maps, it shows 3 lanes going each way with a center turning lane and no shoulder to speak of. I wonder if anyone else has been injured crossing the street this same way. It just doesn’t seem like the bar established a safe path for its patrons to return to their cars. I also wonder about the driver that hit these women, what he would have seen at the time and how bright this area was at night.

In terms of remedies, both families of these women should be qualified at a minimum to receive a $1,500 funeral benefit and a $3,000 survivor benefit from the insurance company of the truck driver. Depending on whether the driver contributed to this accident happening, there may also be a claim that could be made on the driver’s auto policy as well as a claim that may be available under the women’s own insurance policy. The families may wish to consult with a Utah injury attorney to find out what remedies may be available in these circumstances.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation if you are in need of a Utah wrongful death attorney.

Salt Lake City Wrongful Death Attorney Explains Statute of Limitations

While personal injury claims in Utah will generally have a four-year statute of limitations, Utah wrongful death claims can be much shorter – as little as just one year.

According to Utah law, Utah wrongful death claims need to be made no more than two years after the death occurs. See Utah Code 78B-2-304. If the wrongful death claim is against a Utah governmental agency, a “notice of claim” will need to be filed within one year of the death occurring.

In Utah, wrongful death heirs will include: (1) the spouse of the deceased, (2) the children of the deceased under U.C.A. 75-2-114, and (3) the natural parents of the deceased. Step children have recently been added to the list of potential claimants, but only if they are under 18 and are “primarily financially dependent” on their deceased parent.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation.

Ogden Wrongful Death Attorney Explains Statute of Limitations

While personal injury claims will generally have a four-year statute of limitations, wrongful death claims can be much shorter – as little as one year.

According to Utah Code 78B-2-304, Utah wrongful death claims need to be brought no more than two years after the death occurs. If the claim is against a Utah governmental agency, a prerequisite “notice of claim” needs to be filed within one year of the death occurring. Underlying all Utah wrongful death claims is the ability to show that someone acted wrongfully or was negligent in causing the death. A claim does not arise just because someone died.

In Utah, wrongful death heirs include: (1) the spouse of the deceased, (2) the children of the deceased under U.C.A. 75-2-114, and (3) the natural parents of the deceased. Step children are also included if they are under 18 and are “primarily financially dependent” on their deceased parent.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-601-1229 for a free consultation.