Recent Blog Posts in March 2010

The family of a 7-year-old girl filed a wrongful death lawsuit against Allergan, Inc., the maker of the popular cosmetic drug Botox, alleging the company failed to warn doctors that prescribing large dosages of the drug to children could be dangerous.

Earlier this month an Orange County, California jury sided with Allergan, stating that the drug maker did provid adequate warnings about the drug’s risks and dangers.

The lawsuit was filed by the family of Kristen Spears, who was receiving large doses of Botox to help treat the side effects of her cerebral palsy. Botox helps relax contorted muscles and reduce limb spasticity, something Spears was suffering from. Spears’ mom, Dee, claims that after her daughter received large doses of the drug she developed pneumonia and respiratory failure, and later passed away. In her lawsuit, Dee Spears claims Allergan failed to provide adequate labels warning doctors of the drug’s dangerous side effects in children. Although some members of the jury agreed the drug does pose a risk of danger that “ordinary consumers” may not recognized, they ultimately determined that Allergan did not breath its duty to warn doctors and consumers of the drug’s risks, and therefore was not held liable for the drug’s adverse effects.

A Tucson jury has ruled in favor of a police officer who was sued by the parents of man the officer shot multiple times during a domestic disturbance dispute.

On Feb. 15, 2006 Tucson police officer Jeff Stover came to investigate a domestic disturbance situation at an apartment on South Campbell Road after a 911 call was received.  Inside the apartment, Stover ended up shooting and killing D’Angelo Rivera.

Stover, who shot Rivera seven times, told investigators that he fired the shots because Rivera pulled out one of two handguns and pointed it at Stover. Rivera’s girlfriend disputed Stover’s story, but a police review board ruled that Stover had acted appropriately. 

In 2007 Rivera’s parents filed a wrongful death lawsuit against Stover in federal court. Their attorney claims Rivera was down on his hands and knees and was not holding any type of weapon when he was shot.

Last week, the jury determined Stover was justified in shooting Rivera.

Sometimes those enlisted to protect and serve the community are the very people who end up violating the law. There have been countless instances in which police officers cross the line and take advantage of their power and authority. Police brutality and excessive force are very real issues that affect thousands of suspected criminals throughout the country.

If you or a loved one was harmed or injured by a police officer, a Phoenix personal injury attorney at the Knowles Law Firm can help you take legal action. You might be thinking you have no chance at winning a case against an officer. Please rest assured the police are not above the law. They can be found negligent and can be held liable for their actions. At the Knowles Law Firm we can advocate your legal rights and pursue an aggressive claim against the officer responsible for your injury.

For more information about our services, please call (888) 332-5621 or (602) 702-5431 today!

An SUV accident in Surprise has left one person injured.

The accident occurred when a Nissan Xterra turned out in front of a semi truck, which forced the Xterra to lose control and spin out.

According to the Surprise Fire Department, the driver of the Xterra was not wearing a seatbelt, and is believed to have been thrown into the passenger seat as a result of the impact of the collision. A fire department spokesman said the driver was unconscious and bleeding from the ears.

He was airlifted to a nearby hospital. The full extent of his injuries has not been reported.

The driver of the semi truck was uninjured.

The U.S. Department of Transportation has filed a lawsuit against the company of the bus that was involved in a deadly accident about two weeks ago.

The February 27 ^th bus accident left 6 people dead and 16 people injured, nine of which were critically injured.

The charter bus was traveling from central Mexico to Los Angeles on Interstate 10 and was near Phoenix when it hit a pickup truck and veered onto the shoulder of the highway. The driver overcorrected, causing the bus to roll once.

Authorities plan to investigate whether or not the driver was fatigued, as well as the bus’ maintenance history.

Regardless of the outcome of the investigation, the DOT has filed a civil complaint against the bus company, and has ordered it to cease all interstate and international passenger services.

The DOT says the bus company knowingly operated the bus illegally and was not insured. According to court documents, the company’s application to provide interstate commercial transportation services in the U.S. was denied on Dec. 14, 2009, and the Federal Motor Safety Carrier Administration notified the company that it was not to provide any type of interstate commercial transportation services. Furthermore, a spokesperson for the National Continental Insurance Company said the company’s insurance policy was cancelled back in November 2009. It is federal policy for these types of buses to have, at minimum, a $5 million insurance policy.

A motorcyclist was killed last week when he collided with a van near 35 ^th Avenue and Lower Buckeye in Phoenix.

The accident occurred early Tuesday morning. Details of the accident still haven’t been released, but video footage from a local news station showed the motorcycle under the front part of the van.

The van was being driven by an employee of the Maricopa County Sheriff’s Office at the time of the accident. There were a total of four MSCO employees in the van, but none were injured.

At this time, police are still investigating the accident and trying to determine who is at fault. If the investigation turns up evidence that the driver of the van was responsible for causing the accident, the family of the motorcyclist woul be entitled to file a wrongful death lawsuit against both the driver and the sheriff’s office.

A man is dead after he crashed into the side of a woman’s car while riding his motorcycle.

The fatal accident occurred around Dobson and Broadway roads in Mesa. Silvia Guzman, 31, was driving an Isuzu Rodeo on the northbound side of Dobson Road when she turned left into a private driveway. At the same time, Dalon Marcum, 36, was traveling southbound on Dobson Road on his Kawasaki motorcycle.

According to police, Guzman turned right in front of Marcum, giving him no time to stop or swerve out of the way. He ended up crashing into the passenger side of Guzman’s vehicle.

Even though he was wearing a helmet, Marcum still suffered severe head injuries. He was taken to Scottsdale Osborn Hospital, where he died a short time later.

Police are still trying to determine whether Guzman just didn’t see Marcum or if she was driving under the influence or was somehow distracted. If it is determined that Guzman was negligent, she could be held liable in a wrongful death lawsuit if Marcum’s family decides to file a claim. Arizona personal injury laws state that when an accident is caused by the reckless, careless, negligent, or wanton actions of another, the victims have the right to be compensated for their pain and suffering, medical expenses, lost wages, property damage, and more.

If you or a loved one has recently been involved in a motorcycle accident, it’s in your best interest to talk with an attorney about your available options. To arrange a consultation with a knowledgeable and well-practiced Phoenix motorcycle accident lawyer, please contact the Knowles Law Firm today!