Memorial Day takes place on May 30th of each year, but is commonly observed as Memorial Day weekend, occurring the last weekend of each May. During this weekend, the number of traffic accidents rises, as well does the number of fatalities resulting from these accidents.   This year we will observe Memorial day on May 28^th.

     The Research and Statistics Department of National Safety has created a report which estimates there will be an occurrence of between 361 and 489 traffic deaths during the Memorial Day holiday period of 2012. Compared to the average number of traffic deaths immediately before and after, the average number of traffic deaths during Memorial Day over the past six years is 11.5% higher than the average number of traffic deaths during the comparison periods (458 vs. 410 deaths).

     While you are out enjoying this wonderful holiday, please be care and use caution. 

     Do NOT drink and drive.

     Do NOT drive distracted.

     Keep your eyes on the road and your hands on the wheel.

     Please be safe out there.

 ”Memorial Day Holiday Period Traffic Fatality Estimate, 2012.” Research & Statistics Department. National Safety Council, 03mar2012. Web. 17 May 2012.

Abbott Laboratories reached a settlement with the Justice Department and several states over illegal marketing practices for its anti-seizure drug Depakote, in which Abbott will pay $1.6 billion in criminal and civil fines. The announcement generated heavy media coverage, including a brief mention on ABC World News.

        ABC World News (5/7, story 8, 0:30, Sawyer) reported, “Tonight one of the largest drug companies, Abbott Laboratories has agreed to a staggering settlement. Today $1.6 billion in criminal and civil fines for improperly marketing the anti-seizure drug Depakote in nursing homes. The company convinced the nursing homes to use the drug to treat aggression in dementia patients, despite the lack of credible evidence that the drug was effective for that use.”

        The New York Times (5/8, Schmidt, Thomas, Subscription Publication) reports, “The settlement comes as the Justice Department and the states have increased scrutiny of the sales and marketing practices of pharmaceutical companies, particularly in cases in which they market drugs for uses that are not approved by the Food and Drug Administration.”

        The Wall Street Journal (5/8, Loftus, Kendall, Subscription Publication) reports that in addition to the fines, Abbott would plead guilty to a misdemeanor charge of violating a federal drug law.

        The Washington Post (5/8, Aizenman) notes the settlement “is the second-largest in a string of multimillion-dollar payouts in recent years resulting from stepped-up enforcement by the Justice Department and state investigators against drugmakers that ‘misbrand’ their products. The company will to plead guilty to one misdemeanor violation of the Food, Drug and Cosmetic Act for misbranding. Abbott also agreed to a five-year probationary period in which it must report any probable violations of the law to the probation office.”

        The Chicago Tribune (5/8) reports, “As part of the settlement agreement, North Chicago-based Abbott said it would pay $800 million to resolve civil cases brought by federal and state governments, $700 million in criminal penalties and $100 million to states to resolve consumer protection matters. The company will to plead guilty to one misdemeanor violation of the Food, Drug and Cosmetic Act for misbranding. Abbott also agreed to a five-year probationary period in which it must report any probable violations of the law to the probation office.”

        The Chicago Sun-Times (5/8) reports, “The company admitted that it trained a specialized sales force to promote Depakote in treating dementia because the drug was not subject to federal regulations designed to prevent the use of unnecessary medications in nursing homes.”

Tracey v. Solesky

No. 53, September Term 2012, Opinion by Cathell, J.

STRICT LIABILITY ADOPTED IN RESPECT TO ATTACKS ON HUMANS BY

PIT BULL DOGS AND CROSS-BRED PIT BULL DOGS.

Upon a plaintiff’s sufficient proof that a dog involved in an attack is a pit bull or a pit bull cross, and that the owner, or other person(s) who has the right to control the pit bull’s presence on the subject premises (including a landlord who has a right to prohibit such dogs on leased premises) knows, or has reason to know, that the dog is a pit bull or cross-bred pit bull, that person is liable for the damages caused to a plaintiff who is attacked by the dog on or from the owner’s or lessor’s premises. In that case a plaintiff has established a prima facie case of negligence. When an attack involves pit bulls, it is no longer necessary to prove that the particular pit bull or pit bulls are dangerous.

The AP (4/24, Elliot) reported from Jackson, Mississippi, “A state judge has declared a legislatively imposed cap on how much juries can award in non-economic damages unconstitutional. Circuit Judge Charles Webster in Coahoma County issued the ruling April 20 in a 14-page opinion. He criticized the Legislature for intruding into judicial authority.” Ruling on a motion by an attorney representing plaintiffs who received a jury verdict that included $6 million in non-economic damages for the death of a child in an apartment complex fire, Webster ruled that a $1 million cap on non-economic damages adopted by the state legislature in 2004 is beyond the legislature’s jurisdiction. The AP also noted that the constitutionality of the damages cap is at issue in a number of cases before the state Supreme Court, and the Fifth Circuit is also considering the question.

A wrongful death lawsuit has been filed against a baking company and its subsidiaries after a company truck crashed into a Utah couple’s car in 2010, killing them both. The suit, which names Bimbo Bakeries USA, Sara Lee Corporation, Metz Baking Company and the truck’s driver as defendants, says the truck crashed into the car, which was pulled onto the shoulder with its hazard lights on. The lawsuit is seeking $300,000 in damages.  Jessica Miller, The Salt Lake Tribune  04/20/2012

Car Seat Recommendations

The following recommendations do not supersede the State Car Seat Laws in your state. This is a general guide based on National Highway Traffic Safety Association’s (NHTSA) recommendations.  Listed below are specific laws for child safety seats for Nevada.

Car Seat Safety

1. Always follow the manufacturers instructions for installation and maintenance of the car seat.
2. Never place an infant in a rear facing car seat in the front seat of a vehicle with an active passenger side airbag.
3. Select a car seat that will fit in your vehicle and one that will fit your child’s age and size.
4. Keep children in their car seat until they reach the top weight or height recommended by the car seat manufacturer.
5. Keep children in the back seat of the vehicle for as long as possible or up to the age of twelve (12).

Types of Car Seats

Rear Facing Infant Seats

Rear Facing Car Seats are the safest type of car seat for a young child to use. A basic rear facing infant seat may only be used rear facing but other types of car seats such as a convertible or a 3-in-1 car seat typically have higher weight and height limits. This will allow you to keep your child in safe, rear facing position for a longer period of time.

Forward Facing Car Seats

Forward facing car seats have a harness to secure your child while they are forward facing. You should keep your child in a forward facing car seat until they reach the upper height and weight limits suggested by the car seat manufacturer.

Booster Seats

Booster Seats position a child so the vehicle lap and shoulder belts fit properly. Always follow the manufacturers instructions when you install a booster seat in your vehicle.

Seat Belts

Keep your child in the back seat of the vehicle until they reach the age of twelve (12). This is always the safest place for a child to be in a moving vehicle.

Nevada Car Seat Laws

• In the State of Nevada all children under the age of six (6) who weigh less than sixty (60) pounds must be secured in an approved child restraint system.
• Child restraint systems must be installed in accordance with manufacturer’s instructions.

Nevada Car Seat Law Violations and Fines

• First Offense: A fine from $100 up to $500
• Second Offense: A fine from $500 up to $1,000
• Third and Subsequent Offenses: Driver License Suspension from 30 to 180 Days

Nevada Seat Belt Laws

• Nevada State Law requires all front and rear seat passengers riding in a passenger vehicle to be restrained with either safety belts or an age appropriate child restraint system.

Source Links for this Page

Nevada DMV Traffic Laws

Nevada DMV Buckle UP!

Nevada State Legislative Website

A wrongful death lawsuit has been filed against a Detroit gas station attendant who allegedly shot an unarmed customer in the back during a dispute in the store. The suit also names the hospital the victim’s companions brought him to, claiming security guards outside the building detained them rather than rushing the man inside for help. The suit is seeking unspecified damages.  David Ashenfelter, Detroit Free Press  04/19/2012

A school district in New Jersey will pay $4.2 million to a middle school student who was paralyzed from the waist down after being punched in the stomach by a bully. The punch caused a clot, keeping blood from reaching lower areas of the boy’s spine. The suit claims the bully was a known aggressor and the school failed to prevent him from harming kids.  Wire Report, The Washington Post  04/18/2012

An Indianapolis couple has filed a lawsuit against a local church after their 1-year-old child drowned in the baptismal pool. According to the suit, the boy wandered away from the church day care during lunch and was found face-down in the pool some time later. The parents are accusing church employees of failing to monitor the children, directly resulting in the death of their son. The suit is seeking unspecified damages.  Kristine Guerra , Indianapolis Star  04/10/2012