Topic: Boat Accidents

North Carolina Personal Injury Lawsuit: Charlotte Woman Who Lost Her Breasts and an Arm in Propeller Accident Sues For Damages

January 25, 2012, by Michael A. DeMayo

Deondra Scott, a Charlotte woman who lost her breasts and an arm in a boating accident last summer, is seeking North Carolina products liability and personal injury damages. Scott was seriously injured when a boat propeller struck her during the popular Lake Bash event on Lake Norman, which is bordered by the counties of Iredell, Catawba, Mecklenburg, and Lincoln border Lake Norman.

The 25-year-old claims that while in the water the boat’s propeller hit her twice. In her North Carolina boating accident lawsuit she is suing Dennis F. Allen, David D. Orzolek, and Chaparral Boats Inc.

Scott contends that Allen, who was the boat’s operator, never drove a motorboat prior to that day and he lacked the skill to safely navigate one in a crowded, public area. She says that the propeller hit her as Allen was trying to tie it to another vessel and he still had the engine running.

Allen and Scott had come with a group of friends to the Lake Bash event. According to her North Carolina personal injury lawsuit, people shouted at him to turn off the engine but he “panicked,” redirecting the boat into reverse and causing the propeller to hit her. He then placed the boat’s gear in forward and that was when the propeller to hit her a second time.

Scott is also suing Orzolek, who is the person that Allen rented the boat from, and Chaparral Boats, the company that designed, made, and marketed the vessel. She contends that Orzolek should have known that Allen lacked the experience to safely operate the motorboat and shouldn’t have allowed him to rent the vessel. She believes that Orzolek could/should have done more to enforce appropriate safety procedures to renters.

Scott is seeking North Carolina products liability damages from Chaparral Boats. She is accusing the boat manufacturer of continuing to sell the boat even though its design isn’t safe. Scott says that designing the boat so that seven people end up seated behind the boat operator can obstruct the latter’s view. Also, she claims that the ladder and platform are located just a few feet from the propeller and the vessel came with inadequate warning signs about possible dangers, as well as lighting that wasn’t bright enough.

Scott sustained such severe injuries that she had to have her breasts and an arm amputated. She also suffered a severed sternum, lacerations on her legs, and punctured a lung. She says the accident has left her with serious psychological and emotional problems, medical expenses, permanent injury, scarring, limb loss, lost wages, and other damages.

Boat operators and boating companies must exercise caution so that they don’t end up running over swimmers or striking them with their propellers. Unfortunately, accidents do happen, and serious injuries can happen that may prove fatal. You may have grounds for a Charlotte, North Carolina personal injury case.

Read the Complaint (PDF)

More Blog Posts:
Families of Two Parasailing Victims Killed in Ocean Isle Beach Sue for North Carolina Wrongful Death, North Carolina Injury Lawyer Blog, June 25, 2010 

Preventing North Carolina Drowning Accidents: CPSC’s Pool and Spa Drain Cover Recall a Reminder that Entrapment Can Lead to Serious Injuries and Deaths, North Carolina Injury Lawyer Blog, June 6, 2011

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes, North Carolina Injury Lawyer Blog, November 6, 2009

Sustaining a Traumatic Brain Injury May Up the Risk of Stroke

August 2, 2011, by Michael A. DeMayo

According to researchers, patients suffering from traumatic brain injuries may have increase their risk of stroke by 10-fold. Our Charlotte, North Carolina TBI law firm finds these latest findings incredibly disturbing. This is just one more incredibly challenging complication that some of our brain injury clients may have to contend with, along with the other repercussions from having been in a serious accident.

The results from this latest study, which was conducted by Professor Herng-Ching Lin at Taipei Medical University, were published in the July 28 web edition of Stroke. Data was gathered on 23,199 traumatic brain injury patients who got hurt between 2001 and 2003. Their information was compared with data from 69,597 patients who did not have TBIs.

Among the findings:
• 2.91% of brain injury patients suffered a stroke within three months of sustaining their injury.
• Just .3% of non-TBI patients had a stroke during the same time frame.
• The risk of stroke among TBI patients did go down with each passing year.
• Patients with a fractured skull can up the risk of stroke had a 20-fold greater risk of developing a stroke during the first thee months than for TBI patients without a skull fracture.
• Traumatic brain injury patients are at greater risk of having a brain bleed than other patients.

One possible reason for the increased stroke is that certain TBI health complications—cardiac injuries, blood clotting, and torn arteries can result in a stroke.

Stroke:
A stroke can occur when there is a disruption in the flow of blood to the brain. A stroke is considered a medical emergency. Getting immediate care can save the patient’s live and decrease the chances of permanent disability. A stroke can lead to numerous complications, which can prove even more challenging for someone suffering from a Hickory, North Carolina TBI: Aspiration, factures, permanent brain function loss, mobility problems, loss of the ability to move parts of the body, factures, lower life span, and problems communicating.

Unfortunately, North Carolina traumatic brain injuries can occur as a result of car accidents, motorcycle crashes, truck collisions, pedestrian accidents, an assault crime, boating accidents, work injuries, slip and fall accidents, construction accidents, falling debris, or other incidents.

Living with a Lumberton, North Carolina traumatic brain injury can be challenging and expensive. Depending on the severity of the brain injury, the victim may not be able to work or survive without round-the-clock nursing care. In addition to basic living expenses, there also may be bills to contend with for rehabilitation and physical therapy. A TBI can also take an emotional toll on the victim and loved ones, whose lives will never be the same.

Our Charlotte, North Carolina personal injury lawyers are committed to helping traumatic brain injury patients and their families recover damages for medical costs, pain and suffering, emotional trauma, lost wages, and other compensation from all liable parties.

Brain injury may boost stroke risk, USA Today, August 1, 2011

National Stroke Association

Traumatic Brain Injury, National Institute of Neurological Disorders and Stroke

More Blog Posts:
North Carolina Injury Lawsuit Seeks Damages from Pittsboro Retirement Center for Assault that Left Elderly Resident with Brain Injuries, North Carolina Injury Lawyer Blog, January 5, 2011

North Carolina Traumatic Brain Injury Survivors at Greater Risk of Suffering from Depression, North Carolina Injury Lawyer Blog, May 20, 2010

Over 37,000 North Carolina Brain Injury Patients a Year Require Emergency Room Care, North Carolina Injury Lawyer Blog, March 24, 2010

Families of Two Parasailing Victims Killed in Ocean Isle Beach Sue for North Carolina Wrongful Death

June 25, 2010, by Michael A. DeMayo

The families of Lorrie Shoup and Cindy Woodcock are suing Ocean Isle Beach Water Sports, North Carolina Water Sports, and owner Barrett McMullan for wrongful death. The two women died during a parasailing accident on August 28.

Woodcock, 60, and Shoup, 55, fell 500 feet into the water off Ocean Isle Beach when the tow rope linking their parachute to the boat snapped. Heavy winds dragged the parachute across the water, causing the women’s bodies to strike the pier and the boat. Autopsy results report that Shoup and Woodcock died from blunt force trauma.

According to their families’ North Carolina wrongful death lawsuit, McMullen and Thomas Povazan, the captain of the boat that was towing the two women, were negligent. The plaintiffs contend that Povazan and the ship’s mate did not give safety instructions to the women before they went parasailing. They also allegedly disregarded the other boat passengers’ pleas to pull the women back down as the winds accelerated. There were kids on the boat that reportedly witnessed the tragic accident.

Also, on the day that the Ocean Isle Beach parasailing accident happened, the National Weather Service had put out a small craft advisory warning boaters on the North Carolina coast that conditions might be dangerous because Tropical Storm Danny was picking up waves and wind. The parasail’s manufacturer had warned not to use its product in winds higher than 12 mph. Winds in the area hit 32 mph on August 28.

The victims’ families are seeking unspecified damages. Meantime, the Coast Guard is investigating the parasailing deaths.

Last year, Ocean Isle Beach Water Sports and NC Watersports filed complaints seeking to remove themselves from North Carolina wrongful death liability or limit any recovery to a $100,000 cap for the women’s parasailing deaths. The cap is the estimated value of the boat that was pulling them when they were fatally injured.

Families sue parasail operator over fatal accident, WRAL, June 24, 2010

Two Parasailing Companies File Complaint to Limit Wrongful Death Liability in Parasailing Accident that Claimed Lives of Two Women, North Carolina Injury Lawyer Blog, October 10, 2009

Family Remembers Parasailing Victim, Digtriad, August 30, 2009

Related Web Resources:
US Coast Guard

Parasailing Tips

Two Parasailing Companies File Complaint to Limit Wrongful Death Liability in Parasailing Accident that Claimed Lives of Two Women

October 10, 2009, by Michael A. DeMayo

Two North Carolina parasailing companies, NC Watersports and Ocean Isle Beach Water Sports, have filed a complaint in federal court seeking to either remove them from wrongful death liability or limit any potential civil compensation to a $100,000 cap for the parasailing deaths of two women.

Kernersville resident Cynthia Woodcock and her friend Lorrie Shoup died on August 28 after the rope that was holding them to the boat that was towing them snapped during stormy water conditions off Ocean Isle Beach. Boat Captain Thomas Provazan was reportedly unsuccessful in his efforts to reel them in. The tow line broke, causing the women to slam into the ocean. According to the North Carolina Medical Examiner’s Office, they died of blunt trauma.

The potential payout cap the two companies are proposing is the estimated value of the boat the women went out in and is also a limit allowed under federal law. The companies’ complaint included the liability wavers the two women signed before the parasailing accident.

The Wilmington wrongful death lawyer of one of the women who died, however, says the companies’ request could be denied if there is evidence that the owner of the boat had been aware of the factors that resulted in the fatal boating accident prior to the tragic incident. The boat’s captain has said that he didn’t know the National Weather Service had put out a warning to boaters that day.

If you or someone you love was injured in a North Carolina boating accident or a parasailing accident, you may have grounds for filing a boating accident lawsuit.

2008 Recreational Boating Accident Facts (US Coast Guard):

• 4789 boating accidents
• 3331 boating accident injuries
• 709 boating deaths
• More than 2/3rds of boating accident deaths involved drownings
• Motorboats, personal watercraft, and cabin motorboats were the most common kinds of vessels involved in recreational boating accidents

According to InjuryBoard.com, over 40 parasailing accidents happen in the US annually. In the last 10 years, at least 15 people have died and hundred of others injured.

Parasail companies seek liability limit, Charlotte Observer, October 10, 2009

Parasailing captain unaware of weather advisory before fatal accident, WRAL.com, September 24, 2009

Recreational Boating Statistics, 2008, US Coast Guard

Related Web Resources:
Parasail Safety Council

Coast Guard to weigh in on first regulations after parasailing accident, The Sun News, September 22, 2009

Truck Safety Coalition Says Allowing 53-Foot Long Tractor-Trailers Onto North Carolina Highways Will Endanger Lives

June 25, 2008, by Michael A. DeMayo

The Truck Safety Coalition says that a legislative proposal that would let 53-foot tractor-trailers onto main highway routes in North Carolina is dangerous and could cause serious truck injuries. The proposal just passed in the state Senate and will now be considered by House lawmakers.

Opponents of the new legislation have voiced concerns that the longer trucks are hard to control on narrow, winding, and two-lane roads even for experienced truckers. In some North Carolina areas, other motorists have been run off the roads because the drivers of 48-foot trucks haven’t been able to stay in their lanes.

The House of Transportation Committee will look at the bill this week, which the North Carolina Senate approved by a 47-0 vote last week. If approved, the measure would also loosen weight restrictions on trucks and allow for the transportation of recreational boats 10 feet wide or smaller without a permit. The current regulation allows only boats 8 ½ feet wide or smaller to be transported on North Carolina’s roads without a permit.

Supporters of the bill claim that 53-foot trailers is the new industry standard and that passing the proposal will help boost the state’s economy. However, while it allows for the barring of certain vehicles on specific routes if engineering studies show that their presence on these roads is a hazard, the new legislation does not mandate the studies.

Trucking accidents can cause serious injuries to passengers. Truck accidents have been known to occur when the truck driver:

1) Steps on the brakes. Bigger trucks can’t stop as quickly as smaller trucks, cars, and motorcycles. Many large trucks need almost 800 feet to brake to a stop—compared to the approximately 400 feet that many motorists need.

2) Makes a turn. Larger trucks need more space to turn left or right.

3) Fails to notice a vehicle or pedestrian in the truck’s blind spot. Truck drivers have major blind spots and they do not always check these areas to make sure that there is nothing there.

4) Large trucks are not as easy to control or maneuver as regular automobiles, which can create a problem on narrower roads or roads with just two lanes.

If you or someone you love was seriously injured in a truck accident because of another party’s negligence, contact our North Carolina truck accident lawyers today.

Safety group opposes lifting truck restrictions, WCNC.com, June 24, 2008

State Senate votes to allow bigger trucks, Newsobserver.com, June 18, 2008

Related Web Resources

Truck Safety Coalition

North Carolina To Pay Boat Captain $72,000 in Property Damages

October 12, 2007, by Michael A. DeMayo

Sterling Stevenson, the captain of a CSY-44 sailboat that crashed into the Heidi Trask drawbridge in North Carolina ,when the bridge dropped onto his boat’s mast, has reached a settlement agreement with the state over damages his boat sustained in the collision.

Stevenson says that the State Attorney General’s Office offered to pay him $72,000 to compensate him for the damages to Marijke IV, his Bluewater Cruiser, and the personal expenses he has incurred from the September 10 crash. The State Attorney General’s Office confirmed that an agreement had been made with Stevenson but did not reveal the details.

The North Carolina Department of Transportation conducted a complete investigation with the State Attorney General’s Office and the N.C. Wildlife Resources Commission. The state, not Stevenson, was named the negligent party in the personal injury accident.

Improper maintenance of the drawbridge was cited as the cause of contributory negligence. A blind spot on one side of bridge will be examined, as will the issue of boats that are idle on the channel’s west side.

N.C. DOT division engineer Allen Pope says he is recommending relocating the closed-circuit television cameras and replacing the bridge house windows for greater visibility. He also wants to make improvements to the bridge operator’s workstation. He says these issues should be taken care of within 30 days. Pope would not say whether Wanda Ramsey, the bridge operator on duty when the accident happened, was at-fault in causing the collision. She has been a bridge tender for over 25 years.

If your boat, car, truck, or motorcycle has sustained damages because you were in a collision caused by another party, you should speak with a personal injury lawyer right away. An experienced personal injury attorney can meet with the other party and try to negotiate a settlement to compensate you for the costs associated with the property damage. If your attorney and the other party cannot reach a settlement agreement, your lawyer can sue the negligent party for you.

It is important that you work with an attorney who is experienced in handling property damage and personal injury cases. Your lawyer should be able to handle both kinds of cases for you.

State settles with boat captain, Luminanews.com, October 11, 2007

Related Web Resources:

Bridge collides with sailboat, captain to seek damages, Lumnia News, September 13, 2007

North Carolina Department of Transportation