Mississippi Lawyer Blog

At Coxwell & Associates, we represent people who have suffered serious injuries from accidents. However, we are limited as to what we can do for our clients (and not just by tort reform). Our legal system allows attorneys to recover money for their client's damages which includes long term medical expenses. And while it is fulfilling to help them obtain financial resources so that they can maintain their medical treatment, we know that many of our clients will never fully recover.

Sunday's Clarion Ledger had an article concerning brain injury victims in Mississippi that I found both interesting and sad. According to the article, "brain-injury survivors in Mississippi.....lack..long-term care facilities, such as Arkansas' Timber Ridge, or the Shepherd Center in Atlanta.." It is simply amazing in this day and age that Mississippi does not have a long term facility to assist our citizens who have suffered a brain injury.

The brain is a fascinating organ and a healthy brain is vital to a long and fulfilling life. Do you know why you can't tickle yourself? Because your brain distinguished between unexpected external touch and your own touch. When we blink, do you know why the "world doesn't go dark"? It's because our brain keeps the world luminated for us (we blink 20,000 times a day). Learn more more interesting brain facts here.

Continue reading "Mississippi Brain Injury Accident Victims Need Long Term Recovery Facility" »

In September of last year I had the bright idea to start training for the Mississippi Blues Half Marathon in January. A full marathon consists of 26.2 miles, but a half marathon is only 13.1 miles. I saw a bumper sticker once that sums up the difference between the two perfectly: "13.1....because I'm only half crazy." So after 4 months of running around Jackson and the Trace, race day was upon me.

The race stretched throughout the Jackson area zigzagging through parts of State Street, Jefferson Street, Pearl Street, and Belhaven just to name a few. Now, as a Jackson resident, I was aware of our less than stellar streets. Most of the time it feels like you're driving on road that would put an old wooden roller coaster- one that throws you from side to side- to shame. Apparently race organizers had the same idea too. Race organizers started making precautions. Prior to race day, I had seen the news reports of the city filling up some areas of the race route with dirt to keep runners from tripping over potholes. They put up small barricades here and there too as extra precaution.

Well, try as they might, come race day, when 2, 572 individuals are running through the streets, those dirt filled holes and barricades weren't much use. For us clumsy folk, added potholes and bumps in the road didn't help our less than stellar race times. Certain sections of the road were closed off to traffic but at other times, cars were zooming past you. Over all, the race was a great experience and something I'd do again (remember: I'm only half crazy).

But it got me thinking. I was running along a course that had been fixed up and I still found trouble spots. What about the Jackson residents that ride their bikes or walk to work or school? They have to endure these roads and sidewalks day in and day out. It's not uncommon for a bike tire to hit a bump or a hole in the road and send you crashing to the ground. It's also not uncommon for a walker or a jogger to trip on uneven pavement in the sidewalk. As far as the zooming cars are concerned, as a cyclist in Mississippi, you are guaranteed at least three feet of space between you and the vehicle. The driver of the vehicle must reduce his speed- not zoom past you. Granted, when you are a bike it might feel like everyone is "zooming" past you. Unless you are Lance Armstrong.

Back to the road hazards. Jackson, just like other cities, has an obligation to maintain its roads and sidewalks for safe use. If the city, or governmental agency in charge of the road, fails to maintain a safe roadway, then there could possibly be an action for negligence. Of course, you would have to prove the city had notice of the road hazard and had reasonable time to fix it. By covering potholes in the street, Jackson has taken a step in fixing our roadway problems. But for a state that implemented the "Let's Go Walkin' Mississippi" program, more permanent measures should be taken. Jackson residents should not have to worry about potholes or uneven sidewalks during their commutes or exercise routines.

I have blogged before about the danger of cell phone usage while driving. Now, the National Transportation Safety Board ("NTSB") is urging all states to ban cell phone usage for drivers.

The NTSB recommendation comes after its investigation into an accident in Missouri caused when a 19 year old rammed into a tractor trailer and then was rear ended by two school buses filled with children. The 19 year old had sent or received 11 texts in the 11 minutes prior to the accident. The 19 year old driver as well as one of the high school kids was killed. 38 people were injured.

Continue reading "Cell Phones Cause Serious Automobile Accidents; Ban Upcoming?" »

Now that the Republicans have gained control of the Mississippi House or Representatives, they are seeking more tort reform. They are doing this even though the doctors' own insurance company say they no longer need any more! Yes, you read that correctly. The CEO of the doctors' insurance company, Medical Assurance Company of Mississippi ("MACM") was quoted in a Clarion Ledger article as follows: "It would be hard for me to argue more tort reform is needed," Mike Houpt said. "We're content with what we have." Yet the Republicans want to lower the caps on damages AND institute a "loser pays" system which would make the loser of a lawsuit pay the other side's cost. Whose agenda are the Republicans pushing?

The "loser pays" idea is simple. Over the course of a lawsuit, each side spends money on such things as depositions, expert witnesses, copying, etc. Costs can easily reach $10,000 in the most "simple" car wreck cases. "Loser pays" would require the "loser" of a lawsuit to pay the other winner's costs as well as their own. So who is this designed to hurt? To a huge company like State Farm, $10,000 is nothing. To the average Mississippian, $10,000 is more than most folks have in savings. There is not way the could afford to pay this which means they would not file a lawsuit for fear of having to pay this kind of money.

Now, keep in mind that the doctors are "content" with what they have. This is the same group who claimed they were being forced out of Mississippi just 10 years ago. Now things are going so well that the doctors are receiving refunds on their insurance premiums and their insurance company is making a huge profit. I wonder if the quality of health care in Mississippi is going up as well? Are the number of deaths and serious injuries due to medical negligence going down? Oh well, who really cares about that. As long as the doctors are making money and forcing us to wait an hour to see them on every visit then things are fine. But, I digress.

The Republican party is not looking out for Mississippi citizens. If they were, they would fight like hell to make sure that anyone who harms a child or an elderly person or who leaves a family without a mother or father (or both) would have to fully compensate that person or their family. Instead, they are looking out for big businesses and insurance companies. Always have, always will. If your child is harmed don't expect the Republicans to care because they will be supporting the people who harmed him/her.

Sound harsh? Well it's not. Tort reform does not protect us from so-called "frivolous lawsuits". Tort reform is designed to protect big business and insurance companies from legitimate lawsuits. "Frivolous lawsuits" scare no one. If any defendant can show me one "frivolous lawsuit" which has ever gone to trial, received a verdict, and then been affirmed on appeal I will have my partner eat his hat. Big business needs protection when their products or actions seriously injure, maim, or kill innocent people and the Republicans are paid handsomely to help them.

Continue reading "More Tort Reform for Mississippi personal injury and medical malpracitce lawsuits? Thank you sir may I have another?" »

I usually like to write entries that are light hearted and amusing (at least to me). But this is a very somber article because it deals with the loss of children. The Clarion Ledger had an article today discussing driving accidents involving teenagers and young persons in general. The Jackson, Mississippi area has been devastated recently with car and truck accidents involving young people. The families of those lost will feel this pain for as long as they are alive. As a parent of a soon-to-be driver I am already worried about my son driving. So what can we do to help our children become better drivers?

-First and foremost, no cell phones/texting while driving! Studies have shown that texting while driving is more dangerous than being under the influence of alcohol.

-Absolutely zero drinking and driving. Parents who allow their underage children to drink, and yes there are some that do, are not only encouraging poor decision making but are also endangering their children's lives and those who ride in a car with them or those of us on the highways.

-Reduce night driving. A recent study showed that driving more than 3 hours at night have the same effect as drinking. This is especially relevant during the holidays as we have so many college students coming home for Christmas break.

-Wear seatbelts at all times. And this goes for the passengers as well. How many times do we have to read about an accident where the occupants were ejected from the car because they weren't wearing their seatbelts? Buckle up!

Continue reading "Mississippi Teens' Car Accident Stats Grim" »

There are serious and non-serious auto accidents around Jackson, Ridgeland, Madison the City, and throughout Mississippi every day. Then when it rains the number of auto accidents increase even more. At Coxwell & Associates we help people with serious accidents involving cars, 18 wheelers, trucks, boats, motorcycles, and any other type of accident causing serious or permanent injuries. The word serious means we help people who are injured. If a person has a "fender-bender," and no serious injury, then with a little good legal advice they can deal with the adjuster and handle the case themselves.

If you are involved in a traffic accident immediately stop you automobile. Never leave the scene of an accident. Leaving the scene is a crime. (Miss. Code Annotated, Sections 63-2-401 through 405). Nowadays law enforcement requests that you move your car out of the lanes of traffic if possible. If one person does not appear at fault then it may be wiser to leave your car until the law enforcement official arrives and notes the locations. If the accident involves death, injury or damages of $250.00 or more the police will file an accident report. If is usually good advice to ask for a police report in every instance.

If possible warn oncoming motorists with blinking lights or reflectors. It is not expensive to buy a safety kit at one of the major discount stores and keep it in the trunk of your car. These kits typically have reflectors, lights, and other types of equipment for stalled cars. Remember, you want to protect others and yourself. You should also call the police even if no one seems injured. Many times serious injuries may not manifest until weeks or months after an accident. At Coxwell & Associates we have seen many cases of auto accidents causing ruptured discs in the cervical or lumbar areas of the back which went undiscovered by doctors until months after the accident when the people eventually obtained an MRI.

It is always good advice to remain calm even if the other person is at fault and you are angry about the accident disrupting your plans or damaging a favorite car. When the police show up they are not going to be emotional. There have been many, many instances when an angry motorist who was not at fault went to jail because of a bad attitude. You might also anger the police so much that he misses important details of the accident.

If you are injured as a result of the accident you should obtain immediate medical attention. Tell the medical attendants, including ambulance drivers, where and what hurts. Many people do not know ambulance drivers and medical professionals usually write down much of what is said by the patient. Therefore, if you are hurting and you say everything is "fine," they are going to write down that "patient said he/she was fine." Remember, your goal should be to take care of your health. You may also wish to call an attorney immediately if the injuries are serious. At Coxwell & Associates we handle serious injury cases. We can have an investigator on the scene within minutes in order to take photographs, measurements, witness statements, or anything else we feel is valuable for your case.

After an accident you also want to get the names and address of witnesses. Write these down even if you also see the officer taking notes. At Coxwell & Associates we recently had a case where a 7 year old boy was hit by a car while standing in his yard. The boy's house was across the street from a church where a revival was taking place. There were dozens of people outside but the officer did not get a single witnesses' name. Why is this important? Because the boy was so close to the edge of his yard that I could tell the driver was going to claim the young boy stepped out in front of him. We found witnesses to confirm the driver of the auto lost control and swerved into the yard, but it would have been quicker if the officer had written down statements or someone with the boy's family, or if they had called Coxwell & Associates immediately after the accident.

When you are on the scene it is usually better to avoid comments about fault. If you have been rear-ended by another car, it is not going to hurt to say the other person hit you. But there are going to be accidents that are not clear cut. This is a tough position to be in because the office may want to speak with you. It is always important to be truthful but sometimes after an accident people can be shaken up and making comments before you speak with a lawyer may hurt your case. I want to emphasize it is very important to speak with a lawyer before you speak to any insurance adjuster. Don't forget the insurance adjuster for the other side wants to pay a little as possible. He is out to help his company, not you. If an adjuster calls do not discuss anything with him until you speak with an attorney. It is unfortunate but this is the advice we see violated most often. People will speak with the other side's adjuster and even give the adjuster a "carte blanche" right to get their medical records, including private, personal medical records that may not be relevant to the accident.

These are the major things to remember in every accident case. The more serious the accident or the more serious a person is hurt, the more these guidelines should be followed. It is usually good to discuss serious accidents with your family members and have a plan in the event a tragic accident happens. That way someone can take the steps necessary like calling the lawyer so an investigator can get on the scene or notifying other family members or the family doctor. Call your lawyer and do not talk to the other side's adjuster. Get the medical help you need and explain in detail to all medical providers what problems you are having after the accident. If you do these things you will be on your way to having a better legal resolution of your accident case.

Continue reading "What You Should Do After An Auto Accident" »

LAWSUITS: FANTASY V. REALITY

I'm sure everyone has heard of "frivolous lawsuits" and how they are to blame for rising insurance costs, driving doctors away, and the decline of Western Civilization as we know it today. The truth of the matter is certain politicians have created the fear that there are "runaway juries" which will destroy America unless there is so-called "tort reform"! Why do they want to do this? Easy. Big Insurance and Big Business lined the pockets of these politicians to push their agendas. Big Insurance and Big Businesses do not want to be held accountable for their actions. They want to be protected. Below we have listed some of the popular "Myths" in the justice systems along with the actual "Facts". You read and decide for yourselves

1. MYTH: Frivolous lawsuits are flooding our legal system.

FACT: Frivolous lawsuits do not exist as represented by tort reformers.
A May 2006 study conducted by Harvard School of Public Health and Brigham and Women''s Hospital shows that 97 percent of medical malpractice claims are meritorious . Eighty percent of those claims involved physical injury, which killed or permanently disabled the victim. Sadly, only 56 of these claimants received compensation for their losses.

FACT: The number of lawsuits has significantly decreased in recent years.
Between 2002 and 2003, the number of tort cases filed on the federal level decreased by 28 percent, according to the Administrative Office of the U.S. Courts. In 2005, the Justice Department reported that the number of federal cases has decreased by 79 percent since 1985.

Between 1992 and 2001, the number of civil trials filed in state courts decreased by 47 percent, according to the Department of Justice. The number of tort cases specifically, decreased by 31.8 percent during that same time.

FACT: Businesses, not consumers, are far more likely to file frivolous lawsuits.
Businesses and their attorneys are far more likely to file frivolous claims than the average American. In a recent study, 69 of the 100 most recent sanctions due to cases of frivolous lawsuits were against businesses and their attorneys. US businesses file four times as many lawsuits than private citizens.

2. MYTH: Plaintiffs are being awarded outrageous and unwarranted sums of money for their losses.

FACT: The amount of compensation awarded in personal injury cases is in decline.
The amount of compensation awarded to victims, who have been seriously injured through no fault of their own, has drastically decreased over the past few years, according to the Department of Justice. Between 1992 and 2001 the average personal injury award decreased by 56.3 percent.

FACT: The payout in medical malpractice cases has decreased over the last four years.
A 2005 Public Citizen study revealed that medical malpractice payments to victims fell nearly 14 percent between 2001 and 2004. In 2001, juries voted against injured victims in three of four medical malpractice trials, according to the Bureau of Justice Statistics (BJS).

3. MYTH: Capping damages lowers medical malpractice insurance premiums for doctors.
FACT: Tort reform caps result in savings for insurance companies NOT doctors.
Capping damages does NOT translate into savings for doctors who continue to pay exorbitant medical malpractice insurance premiums. According to an independent research organization, "most insurers continued to increase [doctor''s] premiums at a rapid pace, regardless of caps" or reductions in plaintiff''s awards (Weiss Ratings 6/3/03).

In states with tort reform caps on damages, the average insurance premiums are nearly ten percent higher than the average in states without caps (The Medical Liability Monitor, 2004). Take it from the insurance industry, "Insurers never promised that tort reform would achieve specific savings [on insurance premiums]" - the American Insurance Association.

Medical malpractice insurance costs are cyclical. Litigation does not drive the cycle.
Therefore, doing away with fair compensation for victims will NOT help an
American citizen AND it will do nothing to help doctors who pay high insurance costs.

4. MYTH: The tort system places a $300 billion burden on the economy.

FACT: There is no such thing as a tort-tax.

The figure in the myth above comes from the insurance industry, which has a vested interest in propagating tort reform myths. In this so-called cost assessment, Tillinghast-Towers Perrin included insurance company costs, overhead, and the salaries of the insurance industry's CEOs. For example, the salary of AIG's chairman--a whopping $29 million a year--was figured into this supposed cost of the tort system. The TTP assessment didn't include relevant data, which makes their figure more a reflection of the cost of the insurance industry rather than the cost of the tort system.

The idea of a "tort tax" dates back to 1988, when one man coined the term and quantified this so-called tax in a book called Liability. Several researchers immediately examined this man''s methods of determining this tax. They found that he had made it up. "The $300 billion figure has no discernable connection to reality," observed The Economist. The Congressional Budget Office has repudiated the so-called tort tax.

5. MYTH: Medical malpractice claims run up the cost of healthcare.

FACT: Medical malpractice claims have a negligible effect on US health costs.
According to the Congressional Budget Office in January 2004, medical malpractice costs constituted only two percent of the total cost of healthcare in the United States. Other figures from Public Citizen show that malpractice costs represent only 0.62 percent of the nation's expenditures for health care.

In 2003, the top HMOs in the United States reported doubling their profits, according to the Jacksonville Business Journal.

6. MTYH: Lawsuits are filed at the slightest provocation.

FACT: Many people who are seriously injured never file a claim.

Of the hundreds of thousands of people who are harmed by medical malpractice annually, only one in eight ever file a claim, according to a Harvard Study. Of the thousands of people injured by consumer products each year, only ten percent file a claim to seek compensation for their losses and suffering, according to a study by the Rand Institute for Civil Defense.

7. MYTH: Doctors are forced to practice "defensive medicine" for fear of medical malpractice lawsuits.

FACT: No evidence indicates that doctors practice "defensive medicine" as a response to lawsuit threats.

Defensive medicine, or extra medical tests given to avoid lawsuits, is a concept developed by a member of the Bush Administration. Every independent researcher who has tried to replicate this man's findings has been unable to do so, indicating that his findings were entirely fabricated (Public Citizen).

8. MYTH: Lawsuits threaten to drive doctors out of practice and bankrupt small businesses and factories.

FACT: Most lawsuits are not even filed against doctors or companies.
Most lawsuits involve complaints by one private citizen against another. Only 39 percent of tort lawsuits involve an individual filing a claim against a business (The Department of Justice). A lawsuit cannot destroy a business unless that business generates a profit based on fraudulent or unsafe practices (Public Citizen).

FACT: The number of lawsuits against doctors is decreasing while the number of practicing physicians is increasing. Evidence shows that the number of lawsuits filed against doctors has declined in recent years, while the number of practicing physicians has increased. According to the American Medical Association, the number of US doctors has increased by 40 percent since 1990. Additionally, since 1990, the number of ER doctors has doubled, the number of neurosurgeons has increased by 20 percent, and the number of OB/GYN doctors has increased by 25 percent.
There is not one shred of evidence to suggest that medical malpractice claims are forcing doctors to close their doors. While some doctors have suffered due to high insurance premiums, we know these costs have nothing to do with lawsuits and are purely the product of a rapacious insurance industry.

9. MYTH: Punitive damages are awarded to often and for too much money.

FACT: Punitive damages are rarely rewarded in civil suits.

Punitive damages are only awarded in 3.3 percent of all tort trials won by the victim, according to the Department of Justice). Punitive damages are intended to punish the defendant in cases of blatant or malicious wrongdoing and prevent others from committing similar acts in the future. Given the statistics, it would seem that punitive damages are very conservatively awarded to the victims of egregious acts.

Continue reading "Mississippi Lawsuit Myths Debunked" »

Bloomberg News has issued a story reporting that several Congressmen have asked Congress to investigate the safety of metal on metal hip implants. The ASR metal hip implants by Johnson & Johnson have been recalled due to failure of these implants.

There is substantial evidence mounting to prove that the metal on metal hip implants are not functioning as predicted and that they are actually failing at a greater rate than anticipated. This hip implant and its recall may turn into yet another health disaster like so many before.

Eventually, people are going to want to start asking why there is such a rush to place products and drugs on the market without adequate testing. Congress once held a hearing on what it perceived as the Food and Drug Administration's delay in placing drugs and products on the market. Apparently some Congressmen and women thought it took too long to get something on the market. Well, keep in mind people are being adversely affected when drugs and products are rushed to market without adequate testing.

Continue reading "DePuy Hip Implants Raise Serious Health Questions!" »

I am in the middle of litigating a very serious truck accident which cost a truck driver (our client's husband) his life. As I was preparing some discovery answers which included providing documents to the defense, I noticed how many times my partner, Merrida Coxwell, and I were in the pictures taken by our accident reconstruction expert. (That's me in the photo accompanying this blog). I never thought about it much but litigating truck accidents requires the attorney to be more hands on than most other civil cases.

For instance, when our expert went to the accident scene, Merrida was with him to get a better understanding of what happened. I went to view the trucks with the expert so I could gain more knowledge on downloading blackbox information and any other tidbits.

Of course, Merrida and I have always been "hands on" attorneys when it comes to trying cases. From investigating crime scenes to viewing autopsies, we prefer to be there in person rather than have someone interpret results for us. I would like to believe it is this kind of dedication that helps us serve our clients better.

Continue reading "Truck Accidents in Mississippi Require Hands On Attorneys" »

If you have small children, boys especially, then you have no doubt seen one of the Mr. Bean movies. Rowan Atkinson, the Mr. Bean actor, was involved in a minor car accident recently when his McLaren F1 sports car spun out and hit a tree. (Dang, Mr. Bean is making some serious bucks to be able to afford a McLaurin. One F1 recently sold for $4 million!) Fortunately for Mr. Atkinson, and Bean fans everywhere, he only suffered minor injuries.

We get calls all the time from folks who have minor car accidents with no bodily injury. Their car, however, is totaled. The problem arises with their insurance company. I recently had a family friend tell me that one of their relatives was in a car accident which was clearly the other person's fault. The other driver's insurance company admitted this BUT said the accident was because of "bad weather" and would not pay anything!

Continue reading "What Mississippians can learn from "Mr. Bean's" Car Accident" »

I'm so happy to be living in a city like Ridgeland, Mississippi. We have beautiful homes and neighborhoods. Top notch recreational facilities for sports. Great folks, great shopping, great restaurants, and great infrastructure. We have a real strong sense of community. Heck, Ridgeland is even a target="_blank""bike friendly community". Which brings me to the point of this blog. You cyclists need to obey the &%#@ traffic laws too!

In Mississippi, cars have to give cyclists at least 3 feet when they pass them on the street. I totally understand this. Of course, cyclists really should have sense NOT to drive on busy highways during rush hour traffic but nonetheless I will give them their 3 feet or slow down until I can pass them safely. All I want them to do is stop at a freakin' STOP sign.

I cannot tell you how many times I will pull up to a 4 way stop sign and have a group (or is it covey? flock?) of cyclists blow through the stop sign like they're riding in the Tour de France. Well I hate to burst your bubble you wannabe Lance Armstrong but you're just a schmuck wearing spandex pants you don't need to be wearing breaking the law and endangering lives. You see in Mississippi, cyclists must obey all traffic laws just like us lazy overweight car drivers. You want 3 feet? You got it, now come to a complete stop! What, you're going to slow your heart rate if you do? You may slow your heart rate permanently if you don't!

Continue reading "Mississippi Cyclists Must Obey Traffic Laws" »

One of my favorite things to do is to ride roller coasters and other thrill rides. The only ride that really freaks me out is the One of my favorite things to do is to ride roller coasters and other thrill rides. The only ride that really freaks me out is the Splash Mountain ride at Disney World and I think that's because it lulls you into a false sense of security with the Br'er Rabbit story complete with the characters and music. Then they send you hurdling down 6,000 foot drop without so much as a harness over your legs! What kind of sick person comes up with that! Anyway, I digress.

I found an article today about the Coxwell & Associates website. >Splash Mountain ride at Disney World and I think that's because it lulls you into a false sense of security with the Br'er Rabbit story complete with the characters and music. Then they send you hurdling down 6,000 foot drop without so much as a harness over your legs! What kind of sick person comes up with that! Anyway, I digress.

I found an article today about the 10 Worst Amusement Park Accidents. That's some scary stuff. As you continue to enjoy your summer, please carefully consider whether you should allow your children to ride on dangerous thrill rides.

Chuck Mullins has been riding the roller coaster of legal practice since 1994. Check out more of Chuck at the Coxwell & Associates website.

As a baseball coach for my son's U8 Coach Pitch team, today's article in the Clarion Ledger concerning a lawsuit against the Louisville Slugger bat company caught my attention. Brandon Patch was pitching for his Helena, Montana American Legion baseball team in 2003. He was struck in the head by a ball and died. He was only 18 years old. The Clarion Ledger article lacked facts so I found the original newspaper article which provided much more detail.

Brandon's family filed suit against Hillerich & Bradsby, the makers of the Louisville Slugger line of bats. A jury ruled against Hillerich & Bradsby and ordered them to pay damages in the amount of $850,000 for Brandon's death. The jury found that the company was responsible for not placing a warning label on the bat. The company appealed the decision but yesterday an appeals court upheld the judgment.

My son and his friends are at the age where a coach pitches the ball to them. The league is aptly named "Coach Pitch". It should be renamed "Coach Pitch, Then Duck"! I cannot tell you the number of times that these 7 year old kids have crushed a baseball that has come within inches of a coach's head. The baseball bats these kids are using are nothing short of rocket launchers. The barrels of the bats are as big as high school or college bats but they make them shorter and lighter for the kids. As a result,the Dads need to be light on their feet.

The technology got so advanced that colleges and other youth baseball governing bodies were forced to pass new legislation to limit the materials in the bats, Bats now have a BPF, bat performance factor, which establishes a method of measuring how a ball jumps off of a bat compared to how a ball rebounds off of a wall at a controlled speed. BPF is simply the increase in the liveliness of a ball hitting a bat compared to throwing a ball against a solid wall (i.e., 20% faster rebound = a BPF of 1.20).

Continue reading "Louisville Slugger Lliable in Wrongful Death " »

One of my favorite pastimes/distractions in the fall is to watch the Cleveland Browns play football with my son, Gavin. It's also a very painful endeavor since the Browns have struggled mightily over the last decade and are only one of a four teams who have never appeared in a Super Bowl.

Recently, the Browns received bad news off the field as opposed to the usual bad news they receive on it. An Ohio Appeals Court ruled that former player, LeCharles Bentley, could sue the team for staph injury he received at the team facility. Bentley, a huge free agent pickup for the Browns, never even played a down for the team. He suffered a career ending injury on the very first play of training camp during a non-contact drill. Such is the Browns' luck.

Continue reading "Court allows Former Browns Player to Sue Team" »

Coxwell & Associates and the Lanier Law Firm is announcing a wrongful death lawsuit filed today against University of Mississippi head football coach Houston Nutt, the National Collegiate Athletic Association (NCAA), the University of Mississippi and other defendants based on their respective roles in the 2010 death of student-athlete Bennie (Buster) Abram.

Mr. Abram, an Ole Miss junior and walk-on defensive back on the football team, collapsed and died on the first day of spring practice last year. According to the autopsy report, the 20-year-old's death on Feb. 19, 2010, was caused by complications from sickle cell trait with exertion and a contributing factor of cardiomegaly, an inflammation of the heart.

The lawsuit says coaches, trainers and athletic department officials at Ole Miss violated NCAA guidelines covering the intensity of spring practices, particularly for players with the sickle cell trait like Mr. Abram. The lawsuit also cites the NCAA for failing to implement adequate guidelines for off-season practices and for not sanctioning coaches who violate existing guidelines.

Also named as defendants are the university's board of trustees, Ole Miss athletic department medical director Dr. Jeffrey Dennis, strength and conditioning coach Don Decker, the UMAA Foundation (the Ole Miss athletic booster club), and Baptist Memorial Hospital in Oxford, Miss. The case is Bennie F. Abram Jr., et al. v. Houston Nutt, et al., No. 11-421-CIV, in the Circuit Court for the First Judicial District of Hinds County in Jackson, Miss.

Sickle cell trait appears in nearly 10 percent of the African-American population, and less commonly in all races. Believed to be the leading killer of Division I football players, the condition has been linked to at least nine deaths among college athletes since 2000.

Mr. Abram, a native of Southaven, Miss., fell unconscious and was treated on the practice field by athletic trainers before being taken to Baptist Memorial Hospital. According to doctors' reports, he went into cardiac arrest at the hospital and died six hours later.

"Buster's death is a tragedy that should have been prevented," says The Lanier Law Firm's Gene Egdorf, who represents the Abram family along with Merrida "Buddy" Coxwell and Charles R. "Chuck" Mullins of Coxwell & Associates, PLLC, in Jackson, Miss. "Every sickle cell expert in the world will tell you that the only way this trait can cause a student-athlete's death is when they are put through overly strenuous workouts like the one Bennie went through before he died. The negligence of the NCAA, coaches, trainers and staff combined with senseless off-season workout programs is a recipe for disaster. We will fight to change this cycle just like we did when we got the NCAA to change its rules to mandate sickle cell testing."

Continue reading "Wrongful Death Lawsuit Filed Against University of Ole Miss" »