Suit Against Goodyear Tire and Rubber Company Alleges Defects Caused Rollover Crash

Three Arizona Department of Corrections employees filed a lawsuit against Goodyear Tire & Rubber Company in Maricopa County Superior Court on Wednesday, May 15, 2013. The lawsuit arises out of the April 5, 2013 rollover of a Department of Corrections van on I-10 south of Phoenix.

Jeff Darden, Melissa Fowler and Ritchie Chin suffered injuries in the crash that occurred at MP 173.7.

Although injured himself, Mr. Chin was able to lift the van sufficiently to permit witnesses to pull Ms. Fowler from her position partially trapped beneath the van, which had rolled and ended up on its roof.

The DOC van was transporting a number of DOC employees home to Phoenix after their shifts. Initial investigation disclosed that all the corrections officers were wearing their seatbelts.

The suit, filed by John Osborne of Goldberg & Osborne, alleges that the left rear tire on the van lost its tread because of defects in the tire causing the van’s driver to lose control.

“This case demonstrates again that tire tread losses continue to plague our citizens more than ten years after the Firestone cases,” said Mr. Osborne. “Tread losses occur when they shouldn’t, even when tires are well maintained and relatively new. Tire tread losses are often impossible for drivers to prevent.”

The lawsuit seeks unspecified damages for the injured workers.

Jury Awards $1.6 Million in Personal Injury Case to Family Represented by Goldberg & Osborne and the Law Office of Daniel Marks

A jury in Clark County, Las Vegas, Nevada, has awarded $1.6 million in compensatory damages to Larry and Juel Stephens in their lawsuit against Red Rock Casino. The couple brought suit against the casino after Mr. Stephens suffered a cardiac arrest while visiting the casino. The Stephens alleged that the casino’s security did not properly respond with the necessary measures in CPR and AED protocols which resulted in Mr. Stephens suffering a preventable anoxic brain injury. The lead attorney was Allen Bucknell of Goldberg & Osborne assisted by local counsel, Adam Levine and Daniel Marks of the Law Office of Daniel Marks.

Red Rock Resort Spa and Casino opened in 2006 as the flagship casino for Palace Stations. The casino is associated with one of the longest-running casino conglomerates. Red Rock requires all of its security officers to be trained in cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) protocols. However, according to court documents, when Larry Stephens suffered a cardiac arrest while at Red Rock, the security officers failed to follow their training and administer CPR and apply an AED. Medical experts testified that if Red Rock security would have used these procedures Mr. Stephens would have made a full recovery from his heart attack. Instead, he suffered an anoxic brain injury that impairs his short term memory, judgment and ability to learn new information. Juel Stephens testified that they brought the lawsuit to ensure that other families would not suffer the harm caused by the casino’s security not properly responding to her husband’s cardiac arrest. Mrs. Stephens said that she hoped the verdict sent a message to casinos to make sure they understand that they are responsible to help patrons who suffer medical emergencies.

Goldberg & Osborne, a firm based in Phoenix, Arizona, has been assisting families and individuals with personal injury lawsuits since 1989. In this case, their attorneys and paralegals have worked with Stephens for more than 5 years gathering evidence, contacting experts and preparing for trial. Goldberg & Osborne argued that although Mr. Stephens survived, his anoxic shock brain injury was preventable. The jury agreed and awarded Larry Stephens $1,000,000 in compensatory damages, Juel Stephens $500,000 for loss of consortium and $105,000 in medical expenses incurred in treating the brain injury. When the jury’s decision was announced, Mrs. Stephens said, “The result will encourage casinos to make sure their [casino] security personnel are properly trained to avoid similar tragedies in the future.”

Family Devastated by Loss of Child Settles Case Against Window Blind Manufacturers

Plaintiffs Tom and Vergie Deasey, devastated by the loss of their 3 year old son Adrian, have reached a confidential settlement with Newell Window Furnishings, a division of the Newell-Rubbermaid company, Rollease, Inc., and local company Bud’s Drapery Den. Nathan died after strangling on a continuous loop window blind cord manufactured by Newell Window Furnishings, Rollease, Inc., and Bud’s Drapery Den.

The Deaseys hired Arizona Attorney John Osborne of the law offices of Goldberg & Osborne in order to pursue the case based on the hazard window blind cords still pose to children generally six and under such as the one that strangled Adrian to death. The deaths are so quick and silent that parents have been in the same room and not perceived their child was entangled with window cords. Adrian’s then 8-year old brother was in the same room with Adrian and failed to perceive his little brother Adrian, who was playing with the cords, was in distress.

Attorney Osborne wants to see major changes to the window blind cord manufacturing industry as a whole in order to protect consumers. “We know manufacturers can make and installers can install cordless window blinds that pose absolutely no risk of strangulation to children for the same price, and yet they continue to manufacture and install window blinds that are known to kill infants and young children. That has to stop. Cords and blinds have killed hundreds of children in the U.S. since 1981. Window cords on window cord blinds pose one of the top five hidden hazards in the home,” Osborne said. “Warnings and public information campaigns have failed to eradicate this serious hazard, which can be eliminated best by eliminating cords on window blinds. ”

The Deaseys hope to spare other parents from their devastating loss. Although the Deaseys did everything they knew to childproof their home, they did not perceive that the cords on the window blinds in their children’s playroom, installed by the previous owner, could pose a danger to a child their son’s age. The fact that the window blind manufacturers know their corded products strangle children under six at a rate of around two children per month in the United States, and yet choose to keep these blinds on the market, spurred the Deaseys to take action with their lawsuit. They join with other parents who are living through the nightmare of losing a child or having their child suffer brain damage or other serious injuries from strangulation on the cords, in hopes manufacturers, fabricators, and installers will change their mindset. “If we can save one child – one family – from going through what we’ve been through, then it will all have been worth pursuing this in court,” Mr. Deasey said.

Attorney Osborne agreed with Mr. Deasey. “If the manufacturers won’t make these changes voluntarily, then they will continue to be hit with lawsuits and punished monetarily through the legal system. If that’s what it takes to get them to see the light, then I am resolute to continue to pursue the manufacturers and advocate on behalf of consumers until the manufacturers of these dangerous products finally eliminate accessible cords from their products.”