Utah Law Talk

Ambrosia Amalatitoda, a six year old girl succumbed to her injuries Thursday, March 15, 2012 after an accident that occurred a day earlier. According to KSL News, little Ambrosia was severely injured when she was in a crosswalk with her mother Natalie Randall. Ambrosia and her mother were heading home from Whittier Elementary School to celebrate her great improvement in reading. As they entered the crosswalk, two cars had stopped to wait for them to pass when a third vehicle swerved to the left and hit right into them. The accident sent both the mother and daughter to the hospital in critical condition. Family members who visited the young girl in the hospital knew that she would not be able to pull through with the injuries she had. The daughter was kept on life support until her mother was in a more stable condition and could say goodbye. Sadly, that was not able to take place, and she passed away before it could happen. Meanwhile, the mother underwent surgery and is expected to recover. She still remains in critical condition though.

As a Utah wrongful death attorney, I wonder why nothing had taken place to improve the safety of that crosswalk. It is reported to be a very dangerous crosswalk with many close calls for some people. The Utah Department of Transportation is now telling the concerned people that they have plans to place a light at that intersection this coming summer.

I offer my sincere condolences to this family for the loss of their daughter and wishes for a speedy recovery to the mother.

What a horrible accident to hear about. An accident such as this could easily be avoided if drivers would take time to observe their surroundings, especially when they come to a crosswalk. I strongly recommend that the family of Ambrosia consult with a Utah attorney to find out the full range of remedies they may have in this situation.

Sophie Rose Barton passed away Monday, June 29, 2010, while she was hiking at an LDS church camp just east of Heber City, reports the Salt Lake Tribune. According to the story, Sophie Barton had just visited a lake with other campers in her group and was heading up hill back to camp. At some point, she started to fade in and out of consciousness. An ambulance was called and she was taken to Heber Valley Medical Center. Sadly, medical staff were unable to save her.

I send my deepest condolences to the family of young Sophie. According to reports, she was quite accomplished musically and was a regular performer at events throughout the state. I know she will be missed by many.

An autopsy was performed a day after her death, and the results have yet to be released. The high temperature was reported to have been 96 degrees in Heber City on Monday. Right now, it is unknown whether this was a factor in her losing consciousness. One of the symptoms of heat stroke, or hyperthermia, is the loss of consciousness as body organs begin to fail because of an excessively high body temperature. We know that it was a very warm day, she was exerting herself by hiking uphill, and she was losing consciousness. It sounds like she very well experienced heat stroke.

This leads us to the next question of how this could have been prevented. If this were a BSA scout troop, each of the participants would have already received a physical. Even adult leaders who accompany scouts at camps or multi-day hikes are required to get one. It is my understanding that there is no such requirement for young women who attend church camp. A physical, among other things, can help root out those who might have medical issues, even though it doesn’t sound like Sophie had any before this hike. Strenuous hikes can also be done in the early morning hours while it is still cool. And even while on the hike, regular attention to adequate hydration can prevent dehydration and excessive body temperature. Finally, proper training for the the volunteer youth leaders on preventing and recognizing heat stroke and dehydration will also go a long way in insuring that such a tragic death does not happen again.

The opinions expressed above belong to Ron Kramer, a Utah personal injury and accident attorney.

Eric W. Porter from Salt Lake City, Utah was arrested after allegedly killing a man with his vehicle following a fight at a party in Eagle Mountain, Utah on Saturday, November 21, 2009. 26-year-old, Eric Porter began arguing with 29-year-old, Brett L. Ostler of Magna, Utah, in a house located at Kiowa Parkway and Golden Eagle road. According to the Salt Lake Tribune, the argument intensified as Porter left the house and got into his SUV to leave the party. Ostler followed Porter into Porter’s car to continue the argument. Porter attempted to leave because he didn’t want the problem to escalate. Ostler got out of the car and slammed the door which angered Porter. He said something to Ostler, who opened the door, got back in Porter’s SUV, and punched him in the face.

Porter then backed up the SUV to leave but as he hit the gas, he felt the car hit Ostler.. Ostler suffered “significant trauma” to his head and upper body. Emergency crews came pronounced him dead at the scene.

Porter called 911 and admitted to hitting Otler. According to Utah County Sheriff’s Sgt. Spencer Cannon, “He was very forthcoming with us. We don’t believe he intended to do this.” Porter was arrested on suspicion of negligent homicide which is a class A misdemeanor.

We offer our sincerest condolences to Brett Ostler’s family as they deal with this tragic situation.

Whether Porter’s actions were intentional or not, his friend is still dead. Based on the news reports, it appears that Brett Ostler’s family has wrongful death claim against Mr. Porter. I would suggest that his family get in touch with a Utah lawyer that handles wrongful death claims. I would also recommend that his family accept the Utah County Sheriff’s finding that the death was accidental. If the insurance companies (for Mr. Porter as well as Brett Ostler) could successfully argue that the run-over was intentional, this will most likely trigger an exclusion in most insurance clauses that will free them from having to pay out any money on this claim.

The truth is, the only one who really knows if it was intentional or not is Mr. Ostler. And from the news reports, he is telling the authorities that it was not. I would recommend that the family take his word for it and start the process of making a claim on this terrible accident.

The Kramer Law Group does not currently represent any of the parties referenced in the blog article above. We have cited and linked to the source of our information. If you were involved in the above incident, or one like it, and have questions about your rights and possible remedies, you may call us or another reputable Utah personal injury law firm. The information and opinions expressed above are provided as a public service and should not be used in place of legal advice from a qualified personal injury lawyer. Most skilled and qualified Utah lawyers offer a free consultation. We will likewise provide a free consultation to not-at-fault persons (and their family members) mentioned in this article.