DEARBORN, Mo. —

The Missouri Highway Patrol said a tanker truck carrying milk sideswiped a tractor-trailer that had pulled off on the shoulder of the highway and crashed down an embankment into a creek.

Larry Haberman, who was driving the tractor-trailer, told KMBC’s Brenda Washington that he had pulled over on the side of the road to get something in his truck. A short time later, he said he felt the truck jolt.

Haberman said he didn’t know what happened until another trucker pulled alongside him to ask him if he was OK.

The driver of the milk truck was able to get out of cab on his own. He was taken to a hospital.

For a time, emergency crews had reduced traffic by one lane in each direction because debris covered both sides of the highway.

The crash remains under investigation.

The Mathews Law Firm has represented numerous individuals who have been injured in 18 wheeler accidents.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com. 

BROWARD COUNTY, Fla. — One lane of traffic in each direction began flowing again Tuesday morning after a deadly collision shut down U.S. Highway 27 late Monday night. A tractor-trailer and a truck slammed into each other just south of the Broward-Palm Beach County line at about 10:30 p.m. The driver of the truck was killed in the collision. The tractor-trailer was carrying goats, pigs, cows and chickens. Several of the farm animals were killed in the collision, and others had to be euthanized. Pictures from the scene showed a number of dead animals scattered along the rural highway, and there were reports of other animals running loose near the scene. Both lanes of U.S. Highway 27 were closed for nearly six hours.

The Mathews Law Firm has represented numerous individuals who have been injured in 18 wheeler accidents.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.

By SHELIA BYRD Associated Press Writer JACKSON, Miss. (AP) – Mississippi will receive $18.5 million from drug maker Eli Lilly and Co. as part of a settlement over claims the company promoted the anti-psychotic Zyprexa for ailments it was not federally approved to treat, Attorney General Jim Hood said Thursday. The settlement recovers money the state spent through its Division of Medicaid and the State Insurance Plan, Hood said. The company also will pay $3.7 million in legal fees for the state. Mississippi is one of 13 states that sued over Zyprexa. Eli Lilly spokeswoman Marni Lemons said settlements have been reached in seven others – Alaska, West Virginia, Connecticut, New Mexico, Idaho, Utah and South Carolina. Suits in Montana, Minnesota, Louisiana, Arkansas and Pennsylvania are still pending, she said. The company paid a $1.4 billion settlement to the federal government in January 2009 after admitting it had promoted Zyprexa in elderly populations for treatment of dementia between 1999 and 2001. Hood said Zyprexa was approved by the Federal Drug Administration for “major psychotic problems,” but he said the company hired representatives who promoted the drug to physicians for use for any kind of depression. “Unfortunately, the studies later found that the drug could cause diabetes so it did more harm than good,” Hood said. Lemons said there was no scientific proof Zyprexa causes diabetes. The company has not admitted any wrongdoing in the Mississippi settlement. Under the agreement, the company cannot make any claim about Zyprexa that is false, misleading or deceptive and the drug cannot be promoted for off-label uses, Hood said. The settlement money will go into Mississippi’s general fund and comes at a time when the state’s revenue collections are projected to be far below estimates for the current fiscal year. Gov. Haley Barbour already has cut $437 million from the state spending plan.

The Mathews Law Firm has represented numerous individuals who have been injured by dangerous drugs.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.

BY BILL ARCHER Bluefield Daily Telegraph RURAL RETREAT, Va. — A father and son died early Friday morning when they were struck by a tractor-trailer that jackknifed while trying to avoid a disabled vehicle, according to the Virginia State Police. William Edward Smith, Jr., 25, of Mooresburg, Tenn., was driving a Dodge Caravan in the northbound lanes of I-81 at mile marker 58 in Wythe County, Va., at about 12:40 a.m., when he stopped to provide assistance to another vehicle that had spun out of control and stopped in the left lane of the northbound lanes. According to a police report of the incident, Smith pulled off the road to the right side, and a nurse, who was also traveling in the Smith vehicle went to the disabled vehicle to assist the injured driver. Smith was standing outside of the Caravan while the nurse gave assistance to the motorist. A tractor-trailer traveling North attempted to avoid the disabled vehicle, jackknifed and struck Smith and the Caravan. Smith as well as his father, William Edward Smith Sr., 54, of Sylva, N.C., who was in the vehicle at the time of the accident, were both pronounced dead at the scene of the accident. Trooper H.D. Mooney of the Virginia State Police is investigating the accident. “If you don’t have to be out, don’t drive in this weather,” Sgt. Michael Conroy of the Wythe Detachment, Virginia State Police said. “We only have a finite amount of resources, and in these kinds of weather conditions, our resources are stretched thin.” The Virginia State Police activated the Joint Operation Center, and all information throughout the state is being routed to Richmond, Va. “We send in sit-reps (situation reports) every hour,” Conroy said. “We urge people to stay off the highways if they don’t have to be out.” State Police reported at least two multiple tractor-trailer accidents on I-77 — the first in the southbound lanes at about 8:50 a.m., near the 21 mile marker, and the second one, an hour later, also in the southbound lanes near the 41 mile marker. “If people have to be out, they need to plan ahead,” Conroy said. “They may need blankets, food and water.” Emergency responders throughout the two Virginias responded to multiple reports of trees down and other weather-related calls.

The Mathews Law Firm has represented numerous individuals across the country who have been injured in 18 wheeler accidents.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.

One woman is dead, two others are seriously hurt after an accident in Greene County. It happened around 1:30 a.m. Sunday on U.S. 67, just south of the Macoupin Creek Bridge. Illinois State Police say Mindi Mae June Rogers, 27 of Newton, Iowa, died in the crash. Police say the car she was driving collided with another vehicle. A passenger in Rogers’ car, Michelle Barnes, 33, of Carrollton, was taken to the hospital with serious injuries. The driver of the other vehicle, Meredith Middleton, 22, of Bethalto, was air-lifted to St. John’s in Creve Coeur. She’s currently listed in serious condition. A second accident happened near the scene with a car hit debris from the first accident. No one was hurt in the crash. The stretch of road had to be closed down for several hours as crews cleaned up the scene and police investigated.

The Mathews Law Firm has represented numerous individuals who have been injured in auto accidents.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.

2/4/2010 9:27 AM By Ann Knef The Illinois Supreme Court has overturned the state’s medical malpractice reform law. The decision has not yet been posted to the Court’s site. The Court’s decision reverses a 2005 state law capping non-economic damages — such as pain and suffering — for physicians at $500,000 and hospitals at $1 million. The Court based its decision on a case that arose from Cook County, LeBron v. Gottlieb Memorial Hospital, involving the severe disability of a young girl, Abigaile Lebron. Cook County Circuit Judge Joan Larsen ruled that caps were unconstitutional in LeBron in 2007. The American Tort Reform Association (ATRA) reacted to the decision with “considerable disappointment.” “The liability limits put in place in 2005 were perfectly reasonable, and they had begun to stabilize the cost of medical malpractice insurance for health care providers throughout the state,” said Tiger Joyce, ATRA president. “Most unfortunately, for those in need of critical health care services, particularly in underserved rural communities, today’s decision invites a return to pre-2005 conditions when many physicians were retiring or otherwise moving their practices to other states to escape the threat of bankrupting litigation.” The Illinois Trial Lawyers Association (ITLA) is expected to hold a press conference at 11 a.m. to discuss the ruling. Keith Hebeisen, past president of ITLA, will be joined by Beth Spencer, communications director for Illinois AFL-CIO; William McNary, co-director of Citizen Action Illinois; State Rep. John Fritchey (D-Chicago) and Molly Akers, a victim of medical malpractice. The Illinois State Medical Society is expected to release a statement. In looking back, it was then-Governor Rod Blagojevich who signed the Illinois Medical Malpractice Act of 2005 into law on Aug. 25, 2005. The bill would have automatically become law the next day had the governor not ceremoniously signed it before a large crowd of doctors, lawyers, politicians, business people and casual observers at Saint Anthony’s Hospital in Alton.

The Mathews Law Firm has represented numerous individuals who have been injured by medical malpractice.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.

Former Marine, Fireman and Engineer Diagnosed With Asbestos Cancer Mesothelioma

Wednesday, February 3rd, 2010

A man who worked as a home remodeler, fireman and locomotive engineer, and who also served his country in the United States Marines, has been diagnosed with the fatal cancer known as mesothelioma.

Robert Kennedy, of Ohio, served in the U.S. Marine Corps during World War II, from 1943 until 1945. Afterwards, he worked as a locomotive engineer and fireman until 1979, and as a home remodeler from 1952 until 1980. Any or all of these jobs could have exposed him to asbestos, the insulating and fireproofing material which causes mesothelioma. Asbestos was used extensively in military applications, especially during the World War II era, and in civilian applications beginning in the 1930s and lasting until the 1980s, when its ill effects on human health began to become public knowledge. Acoustic ceiling tiles, boiler and steam pipe insulation, electrical wiring, gaskets, furnaces, automotive and locomotive brakes, cement, siding and roofing were just a few of the items that would have contained asbestos.

When the asbestos-containing material becomes weakened—whether through being cut or damaged, or simply through wear and tear—it becomes friable, or able to flake off into a fine dust. This dust contains microscopic, but sharp, fibers that will embed themselves into the body’s soft tissues, particularly a protective membrane called the mesothelium. Once there, these fibers cannot be expelled by the body, and they may eventually lead to mesothelioma and other serious illnesses.

Striking roughly 3,000 people in the U.S. each year, mesothelioma is a rare but serious disease. It is incurable, and most patients do not live much longer than a few months after diagnosis. Because it has a long incubation period, many former asbestos workers—including military veterans—may be living with the disease without even being aware of it. Anyone who may have been exposed to this carcinogen should alert their doctor and make sure to heed any unusual respiratory symptoms, such as persistent coughing or prolonged shortness of breath. Like many cancers, mesothelioma may be more effectively treated if it is caught early.

 The Mathews Law Firm has represented numerous individuals and their families who have been affected by asbestos exposure.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com. 

Carl Gustin FOX 17 Weekend Assignment Editor January 30, 2010 GRAND RAPIDS – A lawsuit has been filed in Kent County Circuit Court against the city of Grand Rapids and the driver of a dump truck that struck and killed a bicyclist on May 20, 2009. According to Attorney Matt Vicari, the suit seeks damages of more than $25,000 in the death of Gregory Siemion, 55, of Grand Rapids. Siemion was hit by a city dump truck on Bridge Street NW near Fremont Avenue. The truck was driven by Benny Branch, 61, who said after the accident that he never saw Siemion or the bike. Vicari filed the suit on behalf of Siemion’s estate representative — his aunt, Norma Van Gessel — against both the city and Branch. The suit alleges that Branch’s “gross negligence” led to Siemion’s death. The suit says that Branch drove through a “narrow alley or driveway with limited visibility” and struck Siemion as Branch was turning onto Bridge Street. The truck then dragged Siemion nearly 90 feet before Branch stopped after telling police that he heard an unusual noise. Siemion died of multiple injuries. No charges were filed against Branch. The suit also says that during his 16 years of employment with the city Branch has a history of mishaps. In the lawsuit, Vicari cites 21 such incidents involving Branch and dating back to 1995. “Branch has a long history of being involved in accidents while driving city vehicles, some including where he is the at-fault driver,” Vicari said in the suit. Vicari said the city and Branch have about a month to file responses to the lawsuit.

The Mathews Law Firm has represented numerous individuals who have been injured in 18 wheeler accidents.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.

A man died after his pickup truck collided with a Publix tractor-trailer in Lakeland about 6:45 a.m., police said. Ervin Benjamin, 41, of 3712 Rose Road, Lakeland, was driving his Toyota Tundra in the 500 block of Galloway Road when he collided with a tractor-trailer driven by Earl Bostic, 59, Lakeland police spokeswoman Terri Smith said. The vehicles were headed in the opposite direction. Benjamin was ejected from the Toyota and pronounced dead at the scene, police said. No charges have been filed in the crash.

The Mathews Law Firm has represented numerous individuals who have been injured in 18 wheeler accidents.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.

 2/2/2010 6:12 PM By Kelly Holleran A St. Clair County woman seeks damages in a lawsuit over her minor son’s death at a party where another minor boy allegedly shot him in the back of the neck. Cassandra Campbell filed a lawsuit Jan. 25 in St. Clair County Circuit Court against Gary Johnson Jr., Gary Johnson Sr. and his wife, William Berglund and James Henderson. Cassandra Campbell claims her deceased son, Rayshaun Do’mond Campbell attended a party on Jan. 26, 2008, at the Johnsons’ home at the 422 ring of Kerry Road in Swansea when the incident occurred. “Plaintiff is informed and believes and thereon alleges that on January 26, 2008 Rayshaun was lawfully at the home of Gary Johnson Jr. and Mr. and Mrs. Gary Johnson Sr. at 422 Ring of Kerry Rd., Swansea, St. Clair County, Illinois, where a party attended by minors was in progress at which Gary Johnson, Jr. was present, at which alcoholic beverages were being consumed by some of the minors, including Gary Johnson, Jr., who was under the influence of such beverages, and that Gary Johnson, Jr., behaving recklessly, negligently shot Rayshaun in the neck with the pistol causing a fatal injury from which Rayshaun died that day,” the suit states. The gun used to shoot Rayshaun came from Henderson’s home, according to the complaint. People at the party waited an hour before calling an ambulance or any other first responder to assist Rayshaun, according to the complaint. Before the accident, Gary Johnson Jr. displayed unstable behavior, the complaint says, and Cassandra Campbell blames him for causing her son’s death, saying he consumed intoxicating beverages even though he was a minor, had possession of a firearm that was not licensed to him and discharged the firearm into Rayshaun. She also names Gary Johnson Sr. and his wife as defendants, saying they negligently allowed minors to consume alcohol on their premises, allowed a minor to possess a loaded firearm and failed to prevent their son from discharging the firearm into Rayshaun, the complaint says. Berglund owned the home where the incident occurred and was renting it to the Johnsons at the time, Cassandra Campbell claims. As the home’s owner, Berglund had a responsibility to see that the home was safe for invited guests, but breached that duty by renting the home to the Johnsons, according to the complaint. Henderson had a duty to ensure his pistol was secure in his home, but failed to do so, the suit states. Because of her son’s death, Cassandra Campbell and Rayshaun Campbell’s siblings have been deprived of his felicity, care, attention, guidance, comfort, companionship and society, according to the complaint. In addition, they have suffered emotional harm and incurred funeral and burial expenses, the suit states. In the eight-count suit, Cassandra Campbell seeks a judgment of more than $400,000, plus costs. 

The Mathews Law Firm has represented numerous individuals who have been injured in premises liability cases.  We can be reached at 800-957-1186 or on the web at www.themathewslawfirm.com.