Archive for the ‘Wrongful Death’ Category

Six Year Old Ambrosia Amalatitoda Passes Away Following Pedestrian Accident

Wednesday, March 21st, 2012

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.

Magna Bicycle Accident Takes Life of Salt Lake Woman

Thursday, October 21st, 2010

Karen Johnson succumbed to her injuries and passed away following a head on vehicle-bicycle accident in Magna, Utah, between herself and a Dodge pickup truck on October 19, 2010. According to KSL News, a 17 year old was driving down the street in Magna with a pickup full of balloons and a windshield mostly covered with paint in celebration of her 17th birthday. By reports, she was driving on the opposite side of the road and above the speed limit as Karen Johnson and a fellow cyclist, coworker, were approaching her. The two cyclists appeared to have split, with the male cyclist going to the right of the pickup truck, off the road and Karen veering to the left. At the point she veered, however, the pickup truck driver suddenly corrected and veered right into the path of Ms. Johnson, striking her head on. She died on the way to the hospital. Both of the cyclists were wearing helmets at the time.

I send my deepest condolences to the family of Karen Johnson and those that knew her and loved her. By reports, she was an avid cyclist, doing rides of up to 500 miles. I’m quite certain that she’ll be missed by those in the biking community as well. I also feel for the motorist, for the anguish, remorse and guilt she’ll keep with her the rest of her life for her role in taking out an innocent cyclist.

From a legal standpoint, the driver of the pickup was certainly to blame for this tragic, completely avoidable collision. From looking at the pictures, I can tell that the paint on the windshield was not legal and most likely helped obscure the view of the road. Balloons in the cab of the truck certainly didn’t help and may have caused a distraction as they shifted and moved about in the truck. At any rate, whatever the exact reason for her being on the opposite side of the road was, it was illegal under Utah law. We saw from this crash the type of outcome that can come to innocent persons and to the community at large from those that break the law as this woman did by driving on the wrong side of the road. That being said, I’m sure she didn’t mean to run down this woman. However, she cannot say it was just an “accident” that this happened. Drivers have choices when they drive, and from the news report, it appears that she may have chosen to drive the vehicle while being overly distracted.

I’m a little sensitive to this type of collision since I myself am a regular road biker and have had some close calls myself and know that cyclists (as well as motorcyclists) often are not seen by others on the road. But driving your car on Utah’s roads requires that you are attentive to conditions around you – at all times. If you cannot be attentive, or if the surroundings are overly distracting to safe driving, then you shouldn’t drive.

From a legal standpoint, a claim could be made against the driver of the truck, as well as the owner of the truck since the driver is under 18 years of age. There are some small PIP insurance medical and death benefits that are available through the motorists insurance company.

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 Utah wrongful death attorney.

Teen Dies at Church Camp Near Heber City

Wednesday, June 30th, 2010

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.

Springville Utah Man Killed in Hang Gliding Accident

Tuesday, June 15th, 2010

Kent Warren from Utah County has passed away when he crashed a powered hang glider into a power line in Springville, Utah. Friends of Mr. Warren say that Warren loved a good adventure and danger did not deter him from the sport he loved. Springville police say that 59-year-old Warren was trying to take off from the field of the Springville Junior High School when he clipped the power lines at the far edge of the athletic field. His son Sam was there videotaping the entire event. According to Sam and the KSL news, Warren felt that he was clear of the power lines and had space to get airborne. As he clipped the power line he was thrown down onto the asphalt and died on impact.

What a horrible accident, I offer Mr. Warren’s family my thoughts and prayers during this difficult time. My heart goes out to Sam, who had to witness the tragic death of his father.

Ron Kramer is Utah accident and injury attorney who has many years of experiences representing the injured all throughout the state of Utah.

Salt Lake City Motorcycle Accident Claims Man’s Life

Thursday, June 3rd, 2010

A Salt Lake City Utah man is dead following a motorcycle accident occurring on May 30, 2010. According to the Salt Lake Tribune, the motorcycle rider was westbound on 500 South around 11 a.m. and was starting to accelerate forward from the intersection to cross over State St. when a motorist driving a Chevrolet collided into him. The impact of this motorcycle crash, which was said to have caused the motorcyclist a serious spinal cord injury, instantly killed this gentleman. And he died despite the fact that he wore a helmet. Police are said to be investigating which vehicle had the right-of-way and the speed of the Chevrolet.

My sincere condolences go out to the family of this man, whoever he might be. I wish his family the very best as they deal with the aftermath of this tragic motorcycle accident.

From the story, it sounds as if the motorist had run a red light and collided into the motorcyclist who was just starting from the intersection, probably at the point that his light turned to green. If this is the case, then certainly the other driver is to blame for running a red light and the family has a Utah wrongful death claim on their hands.

I would recommend the family of this man, his parents, children and/or parents, consult with an experienced Utah wrongful death attorney to advise them of the remedies that might be available to them in this tragic case. I would suspect that whatever insurance policy the motorist had should be coughed up and that those making a claim would also be entitled to under-insured coverage as well under the motorcycle rider’s policy.

Ron Kramer is a Utah motorcycle accident attorney and personal injury attorney with offices in Utah, Salt Lake and Davis Counties.

St. George Drunk Driver Takes Life, Gets Prison Term

Wednesday, January 27th, 2010

John Hanson pleaded guilty to automobile homicide and will receive the maximum sentence of one to fifteen years. The decision came in the Utah 5th District Court on Monday, January 25 , 2010. Hanson pleaded guilty to driving drunk and striking and killing 52-year-old motorcyclist, Leland Lloyd. This fatal Utah auto accident happened near an Albertson’s on Telegraph Street in August of 2009 in St. George, Utah.

Hanson’s attorney said that Hanson has felt terrible remorse for his actions and since the Utah auto accident Hanson has taken steps to get help with his alcohol problem, reports thespectrum.com. Hanson wishes to continue his alcohol treatment.

In court, Hanson read a letter he wrote to the Lloyd family, who were present in the courtroom during the trail. He said he’s constantly tormented by what he has done. “Your lives and dreams have truly been shattered,” Hanson said. “I wish you could understand that I’m not a monster, but a loving caring person.” He continued, “But my pain must pale in comparison to what you are going through.”

After the verdict was given Judge Rand Beacham said, “Mr. Hanson has made serious strides (to improve) but the problem is he waited too long and he’s affected too many innocent lives.”

Utah Drunk Driving Statistics

Utah DUI law prohibits any person from operating a vehicle if he or she’s blood alcohol concentration is .08 or greater or the person is under the influence of alcohol or drugs that makes the person incapable of operating the car safely. Drunk driving sentences range from class B misdemeanors for first offenders to a third degree felony when the person has had a prior DUI conviction or the accident causes a fatality.

In 2008, data given by alcoholalert.com shows 275 total fatalities were alcohol related. In the United States, an estimated 11,773 people died in drunk driving crashes. That number constitutes 31.6% of the total number of traffic fatalities in the United States in 2008.

Ron Kramer is a Utah personal injury attorney with offices in Provo, Draper and Bountiful Utah.

Driver On Drugs Gets Year in Jail for Fatal Utah Car Accident

Friday, January 15th, 2010

Thirty-one-year-old, Daniel Martin Long, was charged with second-degree felony automobile homicide and third degree unlawful possession of a controlled substance, following a fatal Utah crash that killed 23-year-old Nathan Barlow, on April 21, 2007.. Martin was under the influence of a prescription drug when he rear-ended the bakery delivery truck driven by Nathan Barlow on Interstate 15 near 2300 North in Salt Lake City, Utah. Barlow died when his truck swerved off the road and rolled several times. Long who was not injured, told the Utah Highway Patrol that he had dozed off, but witnesses told UHP that Long was traveling around 100 mph just before the crash, and was swerving to avoid traffic.

According to the Salt Lake Tribune, UHP determined he was under the influence of a central nervous system depressant and State Troopers found two Valium pills in Long’s pocket.

Third District Judge Robert Faust, ordered Long to serve a one-year jail sentence and complete a 36 month probation period. According to the Salt Lake Tribune, Long must write a letter of apology to the victim’s family and get therapy ordered by probation officers.

Central nervous system prescription drugs like Valium impair a driver’s judgment just like alcohol. This is a terrible tragedy for Nathan Barlow’s family. If they have not already done so, I recommend that they contact an experienced Utah wrongful death attorney who can help them receive compensation for their loss. Long’s insurance company is responsible to pay the damages. Also, since he was working at the time of the fatal car accident, the policy of the bread company can also be used. The statute of limitations in a case like this is four years

What is Zero Fatalities?

Thursday, December 17th, 2009

I’m sure you’ve seen the TV ads or heard the radio announcements for Zero Fatalities and you may be wondering what exactly it is. Zero fatalities is a nationwide effort that addresses the top behaviors that are killing people on America’s roads. The program was actually originally launched in Utah by the Utah Department of Public Safety, since then, officials in many states have asked to use the ads, flyers and artwork to launch the campaign in their individual states. Topics covered include drowsy driving, distracted driving, aggressive driving, driving without wearing a seat belt and impaired driving. The program is designed to convince all drivers that Zero Fatalities is the number of traffic related deaths our country should strive for.

Zero Fatalities is looking to change the mind-set that traffic fatalities are inevitable. Really, traffic fatalities are often preventable if we make some minor changes in the way we drive. Zero Fatalities attempts to influence each individual driver to make minor adjustments so Utah roads will become safer as a whole. Their slogan, “A goal we can all live with” is present in every TV or radio advertisement.

Is it Working?

Statistics say yes! Zero Fatalities is working. According to UDOT, Traffic fatalities are down 28%. As of November 30, there have been 230 traffic fatalities in 2009. That number is down from the 254 reported during that same time frame in 2008.

I echo the principles of the Zero Fatalities campaign: small changes in the way we drive can make Utah roads a little safer.

Salt Lake City Bus Accident Claims the Life of Former University of Utah Professor

Wednesday, November 25th, 2009

A former University of Utah associate professor died after falling out of a moving shuttle bus in Salt Lake City, Utah on Thursday, November, 19, 2009. The professor was a 63-year-old female originally from China. According to the Salt Lake Tribune, police are still trying to locate her family so her identity has not been revealed to the public.

The woman fell through the shuttle’s side rear door as it turned left from North Campus Drive onto Mario Capechhi Drive at around 8:20 at night.”She was standing at the time of the turn, apparently lost her grip and fell against the doors,” said campus police officer Sgt. Arbon Nordgran said. Police are investigating why the doors opened during the turn. The woman apparently hit her head and was alive but unconscious when paramedics arrived. She died later that evening at University of Utah hospital.

The Utah Highway Patrol inspected the bus and determined that driver error was not a factor and the bus appeared to pass a simple safety inspection. University officials are cooperating with The Utah Department of Transportation officials who are conducting a more comprehensive investigation.

I offer my sincere condolences to the family of this victim as they mourn this loss.

As the investigation continues, many questions will need to be answered; specifically, why the door opened in the first place. It seems logical that shuttle passengers will stand close to doors. Safety devices are used so that those doors don’t open when the bus is moving. University officials admit that the shuttle door should not have opened while the bus was still moving so that certainly needs to be answered for. If it was an equipment malfunction, the door or bus manufacturer could be responsible.

Ron Kramer is a Salt Lake City, Utah accident and injury lawyer with offices in Bountiful, Utah, Salt Lake City, Utah and Provo, Utah.

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.

Utah Driver Arrested after SUV Hits and Kills a Man

Monday, November 23rd, 2009

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.