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Marysville Civil Litigation Blog

Whirlpool targeted as cause of Clyde-area cancer

Twenty-seven different people from the Clyde area have banded together to file a class action lawsuit in federal court in Toledo, asserting the Whirlpool Corporation may be responsible for a "cancer cluster" in the area. One of the plaintiffs suffered a horrible loss back in 2009 when his precious 11-year-old daughter died from cancer.

Tragically, a total of at least 35 children in the general area have contracted cancer in recent years, with three of them dying so far, and many of the others waging a valiant battle to survive. The overwhelming majority reside in either Clyde itself or in nearby Green Springs.

Retired football players facing big bills for injuries

Many retired professional football players face continuing huge medical bills for injuries and serious medical conditions that are a product of the bruising time they spent on the playing field. Many believe that such expenses should be covered by workers compensation or other insurance programs. Many injured or ill former players feel abandoned by their former teams, however.

In one instance, a former NFL player has had no fewer than 24 separate corrective surgical procedures on his knees, and despite it all, still has to use a crutch when he walks. His leg, he feels, is an unsightly mess, and one leg is three inches shorter than the other.

Death of Summit jail prisoner leads to lawsuit

Summit County jail officials are being sued for the wrongful death of a 30-year-old prisoner who allegedly was not provided with medical care he desperately needed. When he died, medical examinations disclosed the lining of his abdomen was bleeding badly, an ulcer in his stomach had ruptured, and he had died while suffering shock.

The lawsuit contends the prisoner's urgent need for emergency medical attention would have been clear to jail personnel under the circumstances, even to those with no medical knowledge or experience. The lawsuit is predicated, in part, on the autopsy report findings, as well as indications that the prisoner was found unresponsive by another inmate after going without any intervention at all for approximately five hours.

Truck strikes Amish buggy, seriously injures 5-year-old boy

A truck accident in Salt Creek Township in Wayne County, Ohio, resulted in serious injuries to a 5-year-old Amish boy. The child was a passenger in a two-seat, open-style buggy, which had a sign displayed that identified it as a “slow-moving vehicle.” At approximately 11:10 a.m., a 1998 GMC pickup truck, struck the buggy and forced it off the road. The truck then continued into another lane, hitting a 2009 Lincoln MKZ driven by a 43-year-old woman, also forcing that vehicle to leave the road.

The woman, the 5-year-old boy, and a 9-year-old child riding in the buggy, were all injured and treated at the scene of the crash by emergency medical personnel. The buggy driver, who is the father of the two children, was not injured. His younger son was rushed to a nearby hospital, but was later transferred by helicopter to another hospital in Akron.

Ohio employer exposes employees to dangerous risks of amputation

The Ball Aerosol and Specialty Container company, located in Hubbard, Ohio, is currently facing proposed fines of up to $589,000 after federal inspectors found the employer had exposed its employees to serious risks of amputation from carelessly unguarded machinery in the workplace. Such injuries give rise to workers compensation claims.

Inspectors from the federal Occupational Safety and Health Administration uncovered no less than 11 safety violations, including seven violations of basic rules characterized as "willful," and three transgressions determined to be repeat violations for which the company had been cited before.

Prosecutors admit filing false charges against man

Ohio prosecutors recently went to court to drop assault charges against a man they had previously accused of attacking the 18-year--old daughter of a murdered New Franklin, Ohio, couple, admitting that the charges were false. They followed that up, however, by hurling new accusations and charges -- for both assault of the daughter and murder of the couple -- against an 18-year-old man. Despite the prosecution's track record of getting the wrong man, a judge imposed a severe and draconian $2 million bail on the newly accused defendant.

While bail is supposed to merely guarantee a defendant's appearance at trial, and while those charged with a crime are presumed innocent under the U.S. Constitution, high bails are often used to keep poor, young and minority defendants incarcerated for months or even years pending trial. In this case, the defendant is a young African-American man.

Firm faces $65K fine for safety violations at Ohio plant

Kyklos Bearings International has been cited for 13 serious safety violations following an assessment with inspectors from the U.S. Department of Labor's Occupational Safety and Health Administration. OSHA responded to a complaint in 2012, finding that Kyklos removed boilers from an Ohio location without complying with mandatory asbestos regulations. The agency has proposed fines of about $65,000. Safety violations can be costly and often lead to employee accidents and costly workers' compensation benefits being paid out.

While no injuries have yet been linked to the safety violations, it is possible that one of the plant's 850 employees could manifest negative health effects from exposure to asbestos, an insulation material known to cause cancer and other severe illnesses. If this occurs, those employees would likely be entitled to workers' compensation benefits under Ohio state law. Similarly, such individuals would potentially be able to secure damages compensating them for their injuries by filing a civil lawsuit against Kyklos.

Elderly Ohio woman injured in dog attack

A 74-year-old Ohio woman spent over a week in the care of a hospital after she was attacked by a group of dogs, sustaining a number of serious injuries. The woman has since returned to her home, but is still recovering with an infected leg, countless scratches and lesions on her arms and a severe scalp wound that doctors had to staple shut. Although acknowledging that the attack left her with "lots of hospital bills" that her insurance policy will not fully cover, she is apparently choosing not to pursue civil litigation against the animals' owner.

The woman says she was walking in her neighborhood on March 10 when she heard a group of dogs barking; shortly after she was attacked by an unknown number of the animals. The victim said she attempted to protect herself with pepper spray, but the tactic failed and the dogs began to repeatedly bite and scratch her, leaving deep gashes and ripping off a large patch of skin from her leg. She said she screamed until finally a neighbor came. The woman was transported to a hospital via helicopter and admitted to its Intensive Care Unit.

Ohio teacher faces assault charges

A first-grade teacher at an Ohio elementary school is facing jail time following her arrest for allegedly injuring a 7-year-old student. She was charged with first-degree assault, a misdemeanor, and could spend up to six months behind bars if convicted. It is not clear how she will plea at this time, nor has the school that employs her announced how it will address the charges in the long term.

The incident at the center of the case allegedly occurred when the 46-year-old teacher attempted to grab the student by the face when she saw he was not paying attention in class and was talking to another child. She reportedly scratched his neck and jaw as she did so. The woman was criminally charged after the student's grandmother contacted the sheriff's office.

Investigators cite speeding as cause of fatal Ohio crash

Representatives for the Ohio State Highway Patrol say the early morning traffic wreck that killed six people when their SUV overturned into a pond was caused by a "high rate" of speed, though they declined to specify the speed at which the vehicle was traveling at the time of the crash. Officers would not comment on whether they believe alcohol or drug impairment played a role in the fatal car accident as they still have to receive the results of pending toxicology tests.

Investigators say the crash occurred at around 7 a.m. when the19-year-old woman who was driving the SUV lost control of the vehicle, causing it to leave the roadway and flip into a swampy pond. One victim was thrown from the vehicle and became stuck beneath it in the water, while the others were trapped inside the sinking vehicle. Two survivors, ages 15 and 18, were able to escape the vehicle and ran to a home approximately a quarter of a mile away to call 911.

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