Archive for the ‘Spinal Cord Injury’ Category

Utah Spinal Cord Injuries Get Boost From Brighton Ski Resort Car Show

Monday, July 27th, 2009

Spinal cord victim Ryan Stevenson helped to benefit the Christopher and Dana Reeve Foundation this past weekend by sponsoring a car show at the Brighton Ski Resort. According to KSL News, Stevenson received a spinal cord injury about three years ago from a snow boarding accident. His spinal cord injury affected his lower legs and basically paralyzed them. Medically speaking, his injury was in his mid to lower back, since an injury to the spinal cord will affect extremities that are at a lower level than the injury itself.

The car show was counted as a success. Stevenson entered his own 1965 Chevy Impala in the event, which drew cars such as classic Mustangs to Corvettes and Ferraris.

This is a great cause for an injury that is sometimes overlooked. As a lawyer representing clients with spinal cord injuries, I know that these injuries can have devastating effects on the victim’s lives. They also have profound effects on the families of those who receive spinal cord injuries, as these families will often be the support for the person who was injured.

Ron Kramer is a lawyer who practices accident and injury law, including spinal cord injury law, in Davis, Salt Lake and Utah Counties.

Spinal Cord Injury Victim Receives $23.5 Million Verdict

Tuesday, December 9th, 2008

In what is being described as the largest traffic accident verdict in Kansas, a jury last week handed down a verdict of $23.5 million in a lawsuit involving the collision of two semi trucks that left one of its victim with a serious spinal cord injury. The amount was later reduced 35 percent by the judge to reflect the contributory fault of the injured victim, for a net verdict of $15.3 million.

According to the Wichita Eagle, the injured man, Terry Frederick, 56, of Overland Park, KS, was asleep in the sleeper portion of a Yellow Freight truck being driven by his riding partner, Dennis Bottorff. The truck accident happened on U.S. 54 near Tucumcari, NM. At the time, the truck was traveling down the highway, approaching a truck stop. Around this time, a woman, in a Swift semi-trailer, was backing her rig onto the highway. (The woman, it is reported, was under the influence of meth at the time.) Mr. Bottorff was apparently unable to stop in time and rear-ended the rear portion of the Swift truck. Sadly he died at the scene. Terry Frederick, who was in the sleeper cab, received a serious, disabling spinal cord injury.

Because of Terry’s severe injuries, he racked up massive amounts of medical bills, some $5 million, according to news reports. The bulk of the jury’s verdict will go to pay back medical providers and care givers who rendered medical treatment and to pay others to provide medical support to him in the future. Kudos to the attorneys who got him this tremendous result. We wish him the best as he continues to adjust to a radically-changed life style that came as a result of the other driver’s (and the trucking company’s) poor choices.

Ron Kramer is a Utah personal injury attorney who specializes in vehicle accident cases, including those involving spinal cord injuries. Earlier this year, he obtained a seven-figure jury verdict for a client who had received a spinal cord injury from a motor vehicle accident in Ogden, Utah.

Published by: Ron Kramer

Gary Coleman Creates High Interest In Utah Pedestrian Accident

Tuesday, December 2nd, 2008

It is not often that every detail of a pedestrian injury case is reported as it happens in the press. Such is the case, however, when the case involves famous child actor Gary Coleman. The case stems from an incident that happened in Payson, Utah, in the southern part of Utah County in September of this year. According to newspaper accounts, local resident Colt Rushton recognized Coleman at an area bowling alley and started taking pictures of him on his camera phone. Police say that Coleman became agitated at the photo taking and Rushton was told that he would have to pay to take any more pictures of him. Rushton declined to pay and was outside attempting to take pictures of Coleman as Coleman exited the bowling alley. Rushton claims in a lawsuit filed in Utah Country against Coleman that the 4-foot 8-inch actor punched him in the chest and body. (According to booking records on Colt Rushton for charges of burglary and possession of a controlled substance, Rushton is 5-foot 9-inches.) Rushton further alleges that his cell phone was taken by Coleman’s wife Shannon Price-Coleman.

What happens next is a little unclear. According to an account of a friend of Coleman’s given to eonline.com, Coleman was backing up his truck when Rushton came behind it and was knocked over. Rushton wasn’t the only one hit as Coleman’s truck also hit another vehicle as it was leaving the parking lot. Rushton was reported to have been taken to an area hospital and treated for minor injuries. Mr. Coleman’s attorney, Randy Kester, maintains that “Mr. Coleman did nothing wrong.” Kester told People.com that “It was Mr. Rushton who provoked this incident. My client was simply trying to leave the bowling alley.”

Video Courtesy of KSL.com

Despite his plea of innocence, however, Gary Coleman pleaded no contest on December 2, 2008, to charges of reckless driving and disorderly conduct. Under the plea deal, these charges will be dropped in 9-month’s time if Coleman keeps his nose clean. Coleman told KSL.com that he took a plea deal because he wanted to get the case over with.

In the meantime, the personal injury lawsuit filed by Utah attorney Dustin Lance against Gary Coleman continues forward. In these types of auto accident cases, the insurance company for the alleged at-fault driver will hire attorneys to defend the action. I would expect the insurance company attorneys for Coleman in this case to allege that Rushton bears a good chuck of the responsibility for his injuries because he put himself behind the backing vehicle. Attorneys will probably also argue that if he was concerned that his phone was being stolen, he could have noted the license number of the truck and reported it to the police.

Injuries in this case also appear to be on the light side as far as personal injury cases go. If all Rushton had was a visit to the ER, you would not expect to see a lawsuit filed in such a case. Practically speaking, it would not be worth anyone’s time or money to let a low-injury personal injury case churn in the court docket for an expected 18-24 months. Rather, in a Utah pedestrian accident case, you would expect a settlement with the at-fault insurance company. That is, of course, unless they denied responsibility for the incident. Rushton’s criminal history may also prove problematic to his case at trial, especially if he has been convicted of a crime involving dishonesty or moral turpitude, such as burglary. Such a conviction can be used to impeach or discredit the story that Rushton may offer at trial. If he has any felonies on his record in the past 10 years, those likely will also come in at trial to his detriment.

One thing is clear, this is definitely an interesting case that we will continue to follow and comment on as it develops. See the criminal records source.

Published by: Ron Kramer

Understanding Spinal Cord Injuries

Saturday, November 8th, 2008

In the United States and in Utah, the leading cause of spinal cord injuries is auto and motorcycle accidents and wrecks. These crashes account for almost 50 percent of spinal cord injury cases a year. Those 65 and older are more likely to injure their spinal cord from falls. These make up about 22 percent of spinal cord injuries. Acts of violence makes up about 15 percent of the injuries, most of them occurring because of gunshot and knife wounds. Athletic events and sporting injuries make up about 8 percent of spinal cord injuries and diseases make up the rest.

The majority of spinal cord injuries cause disability or paralysis and sensation in areas below the area of injury. Generally speaking, the higher the spinal cord injury in the body, the more paralysis. Injuries that occur low in the body will generally only affect the lower extremities, while an injury high in the body can affect the whole body, including the ability to breathe. If the paralysis or loss of movement involves the majority of the body, i.e., arms and legs, it is called quadriplegia or tetraplegia. If the spinal cord injury “SCI” affects the lower body, this is called paraplegia.

A spinal cord injury that is traumatic in origin, such as a car accident, can stem from a sudden and traumatic blow to the spine that dislocates, fractures, compresses or crushes one or more of the vertebrae. It can result from a knife or gunshot injury that penetrates and cuts the spinal cord. When the cord get inflamed, additional damage from bleeding, inflammation, swelling can occur.

There are two classifications for a spinal cord injury. They are either considered “partial” or “complete.” Whether they are partial or complete depends on the amount of the cord width that is damaged. A partial spinal cord injury is sometimes referred to as an “incomplete” injury, where the spinal cord is not completely disrupted and is still able to send messages to or from the brain. Those with partial SCI keep some of their sensation and motor function below the area of injury. A complete spinal cord injury is much more serious. Symptoms of a complete spinal cord injury is either total or near-total loss of function and sensation below the area of the spinal cord that was injured.

Whether a spinal cord injury is complete or partial, it is always a serious injury. Some of the symptoms of any SCI are loss of movement, pain or intense stinging, loss of sensation, or numbness, which includes the inability to appreciate heat, cold or touch, difficulty or loss of bladder or bowel control, muscle spasms, changes in sexual function, and difficulty breathing and/or coughing.

The spinal cord and the brain make up our central nervous system. It is this system that controls the majority of functions in our body. Our spinal cords run approximately 15 to 17 inches from the base of our brain to our waist. The spinal cord is comprised of long nerve fibers that carry messages from our brain to various parts of our body. These nerve fibers join with nerve roots that connect at points along our vertebrae – these are the 33 bones that surround our spinal cord and form our back bone. From here, the nerve fibers combine into peripheral nerves that go to all areas of the body. Obviously, any disruption in the signals our spinal cord sends will affect us to a small or substantial degree.

In cases where a spinal cord injury has resulted because of the fault of someone else, legal help should be sought from a lawyer to explore the remedies available. An personal injury attorney who is familiar with spinal cord injuries would be in the best position to get the most value under the law for the injured person.
This article was written by Utah personal injury attorney Ron J. Kramer, a 2008 recipient of a million plus jury verdict in a spinal cord injury case. Medical source: MayoClinic.com

Published by: Ron Kramer

$1.63 Million Jury Verdict — Ins. Company’s Top Offer: $230,000

Wednesday, October 8th, 2008

On June 10, 2004, Tau Sualevai was in his Ford Expedition, driving to his job as a tax examiner in Ogden, when a Saunder’s Advertising work truck pulled out from an auto parts store, directly into his path. Tau had no time to react and struck the truck with the right front bumper of his car. At the scene, Tau told emergency personnel that he could not move his arms or legs. He was taken to the emergency room and was there over three weeks before he was allowed to return home in a wheelchair.

Because Tau is a fighter, he vowed to recover the best he could. His injuries, however, were quite severe and included an “incomplete” spinal cord injury at the C3-4 level. The injury has resulted in permanent weakness, the right side being weaker than the left side, which leads to instability when walking. Despite his injuries, however, and with the help of his family, Tau started going to the gym 3-5 times a week in order to regain the strength he lost. After a few months, he was able to start conditioning himself by “walking” laps in the pool. Slowly, his strength began to return. Unfortunately, it returned at a much lower level than before the crash. Because he was unable (and is still unable) to work, his wife was forced to take a job to support the family. This has been very difficult for Tau, who before the crash took pride in working three (yes, three!) jobs to support his family.

From the start, the insurance company for the advertising company gave Tau the run-around. Soon, Tau became convinced that he would need the help of an attorney. That’s when he called our office. The other driver was insured by Cincinnati Insurance Company. Cincinnati dug deep into Tau’s past medical history, which revealed prior gout flare-ups and Type II diabetes. Cincinnati’s attorney argued that some of Tau’s lower extremity weakness, numbness and pain were caused in large part by his preexisting conditions. The insurance company also argued that Tau had not been paying attention immediately before the crash happened and that he bore the blame for the crash happening.

Tau’s medical bills were just over $60,000. Since Tau’s doctor did not think he could return to work, his lost income claim was quite large, over $800,000. Despite these amounts, however, the insurance company refused to offer Tau money that would compensate him for the permanent injury that he will have to live with the rest of his life. Their top offer before trial was $230,000. It was an easy decision to reject the offer and try the case in court.

The trial lasted seven days. At the end, the jury returned a unanimous verdict of $1,630,000. After the verdict was announced, attorneys for the insurance company told the judge they would appeal the amount of the verdict and request a new trial. The insurance company later agreed to resolve the case.

Published by: Ron Kramer