August 4, 2011 by Domnitz & Domnitz, S.C.

Wisconsin Family Looks for Cause of Bike Fatality

Family shocked by safety-loving patriarch’s death

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Thursday, August 4, 2011.

For a Wisconsin man who loved to cycle, safety was a priority, according to his family. So they were shocked when a car accident claimed his life. They’re still trying to understand how it could have happened.

He was apparently riding his bicycle in the opposite direction of traffic in Oak Creek one recent July evening. He reportedly did that on purpose, thinking it was safer on the road on which he was riding because it made him more visible to motorists. Sadly, he was involved in just the kind of collision he had hoped to avoid.

According to the Milwaukee Journal Sentinel, an 18-year-old motorist struck the man from the opposite lane, causing his fatal injuries. But the man’s family has gone to the scene of the accident several times in an attempt to come up with how it could have happened. They’re still apparently coming up empty.

The man’s daughter says safety was his first priority, and there is no chance he could have veered over into the other lane, as the medical examiner suggested. She says there are no skid marks and the point of impact doesn’t make sense for that scenario. That would mean the motorist who struck him would had to have crossed all the way across the opposite lane.

How that could have happened is what they are trying to figure out. The teenage motorist who struck him gave a “very vague” statement of what happened, according to the boyfriend of a family member. Since the investigation is ongoing, police have apparently declined to release the accident report or statements from witnesses.

A reconstruction of the accident is planned by the State Patrol, and perhaps that will lead to some answers.

Source: Milwaukee Journal Sentinel, “Family seeks answers in Oak Creek bike fatality,” Tom Held, July 28, 2011

If you have suffered an injury through no fault of your own, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

April 22, 2011 by Domnitz & Domnitz, S.C.

Milwaukee I-94 Attorneys Share Sad News

Fatal car accident on I-94 in Racine County; Disabled car hit

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Friday, April 22, 2011.

A tragic SUV-car accident took the life of a Minnesota woman and injured five other people this morning on southbound I-94 in Racine County. The fatal accident occurred at about 2:30 a.m. this morning.

According to the Racine County Sheriff’s Department, a Chevy Impala had become disabled in the center lane of the Interstate. The driver called for help, but before the police could arrive to help, an SUV with Minnesota plates crashed head-on into the back of the Chevy.

The female driver of the SUV was ejected from her vehicle by the force of the car accident, and the SUV was crushed up against the median wall. The driver was pronounced dead on the scene. The other car was forced across the roadway and landed in a roadside ditch.

Three of the injured were passengers in the SUV. The other two were in the Chevy Impala. All five were taken to the hospital with serious injuries.

A flat-bed truck was needed to carry away the crushed SUV. A tow truck pulled the Chevy out of the ditch.

The fatal car wreck forced the closure of I-94 southbound for hours this morning as accident reconstruction teams attempted to determine the cause of the crash and crews worked to clear the wreckage. The State Patrol has now reopened the freeway.

It is unclear as of yet why the driver of the SUV failed to see the disabled vehicle, although it had not been pulled to the side of the road. Police have not ruled out any potential cause yet, including drunk driving, distracted driving or driver fatigue.

Please drive safely.

Source: TMJ4-TV 4 Milwaukee, “Woman Dead In Crash That Shut Down I-94 in Racine County,” Tom Murray and Jay Sorgi, April 22, 2011

For a consultation, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

April 6, 2011 by Domnitz & Domnitz, S.C.

Blog Update from Fatal Injury Lawyers

Parents of toddler file wrongful death case against H&P Industries

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Wednesday, April 6, 2011.

This blog update from fatal injury lawyers with Domnitz & Domnitz, S.C. involves local business H&P Industries. On January 5, Hartland-based H&P Industries announced a recall of all of the alcohol prep pads, alcohol swabs and alcohol swabsticks it manufactures under the brand name Triad Group. Some of the over-the-counter medical products are suspected of being contaminated with a deadly bacterium, bacillus cereus. At the time, it was not believed there had been serious injuries from the contaminated alcohol wipes and swabs.

On Tuesday, the parents of a two-year-old Texas boy filed a wrongful death lawsuit against the Wisconsin company, claiming that Triad alcohol wipes contaminated with the bacteria were used on their son during treatment at a hospital. He died from a bacillus cereus infection.

“After the FDA recall…[t]he mother of this little boy who died realized that the reason for the recall was because of contamination with the exact same bacteria that killed her son…and that’s when the connection was made,” said the family’s attorney.

According to the attorney, the FDA repeatedly asked H&P Industries to stop production of the tainted alcohol wipes, and an FDA inspection found numerous problems at the plant that could lead to contamination, including plumbing issues. It also found that the type of material used in the pad and the foil wrappers were potential sources of bacillus cereus contamination in both sterile and non-sterile alcohol prep pads.

In addition to the product recall, the U.S. Marshals Service and the FDA recently seized materials from H&P Industries in connection with the ongoing investigation. At least two other product liability lawsuits have been filed against the company.

Sadly, the attorney representing the toddler’s family says theirs is not the only personal injury or wrongful death claim he is aware of. His firm has been receiving five to ten contacts a day from others affected by tainted alcohol wipes and lubricating jelly thought to have been manufactured by H&P. More lawsuits involving injuries to children or adults are likely.

Sources:

WITI-TV Milwaukee, “Family of dead toddler files lawsuit against Hartland’s Triad group,” Beverly Taylor, April 5, 2011
Press release, “Triad Group Issues a Voluntary Nationwide Recall of All Lots of Alcohol Prep Pads, Alcohol Swabs, and Alcohol Swabsticks Due to Potential Microbial Contamination,” January 5, 2011

Do you need legal help from a Milwaukee personal injury attorney? Contact Domnitz & Domnitz, S.C. today.

March 23, 2011 by Domnitz & Domnitz, S.C.

Local News Story from Milwaukee Nursing Home Abuse Attorney

Milwaukee dementia home cited for nursing home abuse in death case

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Wednesday, March 23, 2011.

This local news story from Milwaukee Nursing Home Abuse Attorney Ric Domnitz chronicles how last March, an 85-year-old resident at Michele Home, a nursing home in Milwaukee that specializes in the treatment of people with dementia, was strangled to death by another resident. Now, the Wisconsin Department of Health Services has cited the nursing home for numerous safety violations, including failure to protect residents from physical abuse in connection with the man’s wrongful death.

Michele Home, which is a community-based residential facility operated by Frontida Inc. and licensed by the state, was also cited for failing to notify the state when incidents occurred that involved injuries to residents which resulted in hospitalization, as well as failing to implement temporary service plans for residents, failure to appropriately supervise the residents, and failure to manage the behavior of residents known to be dangerous. The citations appear to indicate a pattern of incidents amounting either to negligent care our outright nursing home abuse and neglect.

The 85-year-old victim, a man with advanced dementia, was apparently attacked on March 7, 2010, by a then-58-year-old fellow resident when the older man bumped into a table where the younger man was seated and knocked over a glass of juice. The older man died two weeks later

The younger resident was not arrested or removed from the home after the March 7 strangling incident. On March 27, police were called to Michele Home after he allegedly attacked another patient. He was moved to another facility after the second attack. Michele Home was also cited for failing to report that police were called to the facility on that occasion. The nursing home has been fined $6,200 and ordered not to house dangerous residents without proper resources.

Alzheimer’s advocates say Wisconsin lacks legal standards to protect dementia patients from nursing home abuse or neglect

According to Tom Hlavacek, executive director of the Alzheimer’s Association’s Southeastern Wisconsin Chapter, Wisconsin has no legal standards for care facilities that house such patients, no clear definition of what constitutes a dementia treatment facility, and no requirement for nursing home workers to be certified in dementia care.

Hlavacek says there have been attempts to pass legislation that would establish standards for the care and safety of Alzheimer’s and dementia patients, but those attempts have been unsuccessful.

He also points out that housing patients of very disparate ages (the victim of the strangulation was 27 years older than the alleged perpetrator) and diverse needs can create a dangerous mix.

The alleged attacker had criminal convictions for disorderly conduct and felony theft. Frontida’s website does not mention that it houses correctional clients or emotionally disturbed individuals, which is outlined on the DHS website.

A spokesperson for Frontida did not respond to the Milwaukee Journal-Sentinel’s requests for comment.

Source: Milwaukee Journal-Sentinel, “State cited group home for numerous violations,” Jesse Garza, March 20, 2011

Do you need legal help from a Milwaukee personal injury attorney for a nursing home abuse case? Contact Domnitz & Domnitz, S.C. today.

July 28, 2010 by Domnitz & Domnitz, S.C.

Milwaukee County district attorney’s office decided this week not to file criminal charges against a Wauwatosa woman for her involvement in a 2009 car accident that killed a Milwaukee motorcyclist.

The car accident occurred on the morning of July 2, 2009 when Jane Carter, 66, of Milwaukee, struck the motorcycle of Wauwatosa motorcyclist, 52-year-old Jim Barbarini. According to police and news reports, Carter was driving her Toyota Matrix when she turned the corner and struck the motorcycle of Barbarini. As a result, Barbarini broadsided the vehicle and was violently thrown from his bike. Barbarini was wearing a novelty helmet with spikes at the time of the crash, but it offered little to no protection during the impact. The crash occurred near N. Mayfair Road and W. Center Street.

According to police, Carter was on her way home from a tennis game with her friends just before the fatal car accident occurred. Officers on the scene saw no sign that Carter was impaired and did not administer a field sobriety test. After the crash, Carter told police that she had taken a prescription painkiller 12 hours prior to the crash and police initiated a blood test. The blood test revealed that Carter had taken Ambien, a prescription sleep aid, not 12 hours prior but 60 to 90 minutes prior to the crash.

Makers of the drug suggest that people who have taken the drug to stay in bed for seven to eight hours after taking the pill. One reported side effect is so-called sleep-driving in some people. For this reason, the Milwaukee County district attorney’s office spent the last 11 months investigating this case to determine if there was any additional evidence to support that she was impaired while driving. They determined she was not.

Despite not being charged with any crime, Carter still faces a fine of $1,311 for failing to yield to a stop sign causing death.

Related Resource: Milwaukee Journal Sentinel, “DA decides not to file criminal charges in motorcycle crash: After taking Ambien Jane Carter crashed into Jim Barbarini’s bike causing his death,” [original article no longer available online]

If you need legal aid from a Milwaukee motorcycle accident attorney, contact Domnitz & Domnitz, S.C. today.

July 26, 2010 by Domnitz & Domnitz, S.C.

A Milwaukee man was recently sentenced to five years in prison for driving drunk and causing a hit-and-run car accident that killed a motorcyclist last September.

The car accident occurred on Sept. 13, 2009, when 48-year-old Michael Dorsey, of Milwaukee, was driving his sports utility vehicle northbound on Green Bay Avenue while intoxicated and swerved onto West Congress Street, causing his vehicle to collide with 24-year-old motorcyclist Brandon Boston. Dorsey fled the scene of the accident shortly after it happened and failed to even check to see if Boston was ok following the fatal accident.

Reports did confirm that Boston was wearing a safety helmet but that it flew off his head during the crash. However, Boston was pronounced dead shortly after at Froedtert Hospital in Wauwatosa from fatal injuries sustained during the crash.

Dorsey was apprehended by authorities after his SUV was found at his home. According to news reports at the time of the crash, Dorsey’s blood-alcohol content (BAC) was more than twice the legal limit when he crashed into Boston’s motorcycle. Dorsey told officers that he left the scene because he was scared.

In addition to Dorsey’s jail time, he will also have his license revoked for three years after being released from jail.

Initial reports back in September reported that if found guilty Dorsey could have faced 50 years in prison for his crimes. In September, Dorsey was charged with homicide by intoxicated use of a vehicle and hit-and-run. He pleaded not-guilty to the charges and waived his right to a preliminary hearing.

Related Resources:: Milwaukee man gets 5 years in fatal hit and run

If you need legal aid from a Milwaukee motorcycle accident attorney, contact Domnitz & Domnitz, S.C. today.

June 21, 2010 by Domnitz & Domnitz, S.C.

Sad News from Wisconsin Motorcycle Collision Lawyers

Summer officially arrived today, but many Wisconsin residents have already been taking advantage of the beautiful weather for weeks now by heading out on the open road with their motorcycles. However, the unfortunate downside to the season is the increased amount of traffic on Milwaukee area roadways, which can increase a motorists’ chance of experiencing a car or motorcycle accident. One of these unfortunate realities occurred today when an Oconomowoc woman died this morning in Milwaukee from injuries sustained in a motorcycle accident on Saturday around 6:33 p.m. near the intersection of County Highway P and Ranch Road.

Susan Forster, 55, of Oconomowoc, sustained fatal injuries as a passenger on a Harley-Davidson motorcycle driven by Gary Bloom, 57, when Bloom took evasive action to avoid a collision with another vehicle. According to the Watertown Daily News, Forster was ejected from the motorcycle when Bloom avoided getting hit by a pickup truck whose driver failed to stop at a stop sign and sped through the intersection. Despite Bloom’s efforts, the bike lost control and crashed on the roadway. The truck was able to stop before any contact was made with the motorcycle.

Forster died this morning at Froedtert Memorial Lutheran Hospital from her injuries. Bloom sustained non-life-threatening injuries and no one in the truck was injured in the accident.

Authorities expressed that they are still investigating the details of the fatal accident. No information was released regarding any traffic violations or charges that were issued in connection with this crash.

The Jefferson County Sheriff’s Department, Wisconsin State Patrol, Johnson Creek Fire Department, Johnson Creek EMS and Fort Atkinson paramedics all aided in the response to this crash.

At Domnitz & Skemp, we have years of experience in handling motorcycle accidents of all types. We have settled and litigated personal injury accidents as well as wrongful death accidents in counties throughout Wisconsin and obtained consistently outstanding results on behalf of our clients. If you, a loved one, or a friend has been injured in a motorcycle accident, or any type of motor vehicle accident, protect your rights and ensure a favorable result by contacting the experienced personal injury lawyers at Domnitz & Skemp.

Related Resources: Woman hurt in crash dies

If you need legal help from a Milwaukee personal injury attorney, contact Domnitz & Domnitz, S.C. today.

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