Wisconsin Supreme Court May Rule On Paid-Sick-Day Ordinance

0 comments

Posted on 18th March 2010 by Gordon Johnson in Uncategorized

, , , ,

The Wisconsin Supreme Court will be considering whether to rule on an appeal of Milwaukee’s paid-sick-day ordinance. http://www.jsonline.com/news/milwaukee/84754612.html

The District 4 Court of Appeals Thursday requested that the state’s highest court to handle the appeal, because of its importance. The Supreme Court will have to decide whether it wants to look at the case.

The Metropolitan Milwaukee Association of Commerce has challenged a city ordinance that mandates that workers receive paid sick days. The MMAC maintains that will make the city less competitive and stifle jobs.

Laws on paid sick days are also being considered in New York City and Tacoma, Wash.

The Wisconsin Coalition Against Domestic Violence and the Wisconsin Democracy Campaign both both support of the Milwaukee ordinance.

Family Blames Target For Selling Toy Box That Pinned Down Their Daughter, Causing Brain Damage

0 comments

Posted on 9th March 2010 by Gordon Johnson in Uncategorized

, , , ,

Sometimes the most seemingly harmless objects can inflict tragic damage. In the case of a family in Pennsylvania, the object was a wicker toy box.

The couple in Cranberry, Pa., has filed suit against the retailer Target over the toy box, which they alleged did traumatic brain damage to their daughter, Camryn Surman, 18 months old. http://kdka.com/consumer/Camryn.Surman.Target.2.1546545.html

The lid of the toy box closed on the toddler’s neck last July, pinning her down and choking her. Camryn’s mother has medical training, and tried to resuscitate the child. But the young girl had already sustained brain damage.

The family doesn’t know how long Camryn was trapped by the toy box lid, which cut off the supply of oxygen to her brain.

In their lawsuit, the Surmans charge that Target failed to want consumers about the potential danger of the toy box.

In the past 20 years toy-box-lid accidents have killed 45, according to the Consumer Product Safety Commission, which now mandates supports to prevent the lids from doing what they did to Camryn. It’s unclear whether the Target toy box had the supports, and they didn’t work, of if it didn’t have them, and if so, why not.

Camryn is in a hyperbaric oxygen chamber, can’t move her limbs, is on a feeding tube and can’t speak, according to the attorney for the Surmans.

Two Drivers Killed In Separate Alcohol-Related Car Crashes in Wisconsin

0 comments

Posted on 1st March 2010 by Gordon Johnson in Uncategorized

, , ,

An Illinois man was killed Sunday in a car accident not far from the University of Wisconsin campus in Madison, according to the Milwaukee Journal Sentinel.
http://www.jsonline.com/news/crime/85774507.html

Darrell Pantazes, 51, of Skokie, Ill., died when his car crashed into another vehicle, mowed down a light pole and then hit a building on University Avenue.

In a second accident this past weekend, Brandon Cooper, 21, of Stroughton, Wis., was killed when he went off the road and hit a tree in Dunn.

Cooper was dead at the scene of his accident, while Pantazes was pronounced dead at the University of Wisconsin Emergency Room.

Authorities blamed alcohol for playing a part in the two unrelated fatal crashes.

In a press release, the University of Wisconsin-Madison police department said that it tried to stop Pantazes’s car at just after midnight Sunday when they spotted him driving the wrong way on W. Johnson Street.

But Pantazes kept going, still moving in the wrong direction, when it hit a light pole and then flew up, crashing into a building.

Teen Pleads Guilty To Homicide Charges For Deaths Of Two Of His Passengers in Crash

0 comments

Posted on 26th February 2010 by Gordon Johnson in Uncategorized

, , ,

A youth who killed two of his passengers in a Wisconsin car crash Monday plead guilty to charges of negligent homicide.

Austin Pederson, 18, of Stillwater, Minn., entered the plea in St. Croix County Circuit Court to two charges of homicide by negligent operation of a vehicle.

Pederson crashed his Volkswagen Jetta last June, and two of his passengers were thrown from his car and killed. The victims were Daishonna Payne, 17, and Alan Alwin, 26, both of Somerset, Wis.

The fatal crash took place in St. Croix County. Pederson and another passenger were injured in the accident.

I have very mixed feelings about this type of justice. Yes, something profound must be done to send a statement, yet here we have a teenager, who is just learning to drive, being convicted of a serious felony, for a mistake that any of us could make, any day. The St. Paul Pioneer Press reported that the criminal complaint says Pederson had a detectable amount of marijuana in his system when tests were done two hours after the crash.

If I had been his criminal defense attorney, I think I would have defended. Nothing can bring back the two dead young people, but marijuana in your urine does not convert a tragic motor vehicle accident into a homicide. Marijuana can stay in urine for 30 days. That doesn’t prove that Pederson was intoxicated or that his intoxication caused the wreck. Now, he is a convicted “murderer.” That is just a prosecutor overcharging. Had it been a routine car wreck, no criminal charges would have been filed.

Criminal sanctions should be imposed when the conduct is truly criminal, not when the result of negligent conduct is truly bad. Justice should have been left for the civil justice system.

A Punch To The Head Kills Two in Separate Wisconsin Incidents

0 comments

Posted on 23rd February 2010 by Gordon Johnson in Uncategorized

, , , ,

Here we have two cases of Wisconsin men involved in incidents where they each punched someone, killing the men they assaulted. Fists can be deadly weapons even for those who aren’t professional boxers.

A Milwaukee man was convicted Monday for killing another man that he punched in the head outside a bar. The victim, a father of five daughters, fell and struck his head on the ground, later dying.
http://www.jsonline.com/news/wisconsin/85012457.html

Daniel Curry, 22, was found guilty of felony murder charges by a jury in the death of Michael Ward, 40. The crime took place in July at the Ugly Mug Pub & Grill.

Two other defendants still face charges stemming from the incident, namely Robert Kochanski, 23, of Menomonee Falls and Paul Kaiser, 24, of Milwaukee.

Ward was an innocent bystander to a fight when he was struck by Curry. At the bar’s closing time, Kochanski was leaving the establishment when he, without provocation, allegedly hit a man in the head twice.

Then Kochanski and his group allegedly started harassing Ward, his wife, and two of their friends were also leaving the Ugly Mug.

One of Ward’s friends, David Mathe, walked over to Kochanski’s group and told it to stop making remarks. As Mathe left, Kochanski allegedly punched him in the head twice and knocked him unconscious.

Kochanski and Curry’s group then allegedly beat a man who was trying to call 911 for help. About this time, Curry hit Ward in the head. Ward fell and hit his head on the street. He died the next day at Froedtert Hospital in Wauwatosa.

Both Kochanski and Kaiser are scheduled to plead guilty to second-degree reckless injury charges in the case.

In a second case that’s similar to Ward’s death, on Monday a Racine man got seven years in prison for punching a teacher in the head who – like Ward — also fell and hit his head and died.
http://www.jsonline.com/news/crime/84998787.html

Martin Walker, 21, was sentenced for felony murder in the death of Colin Byars, 24, a year ago.

Authorities said that Walker punched Byars, a middle school teacher, in the face. Byars fell and hi this head.

Plane Makes Emergency Landing in South Wisconsin, Pilot Walks Away From Crash

0 comments

Posted on 16th February 2010 by Gordon Johnson in Uncategorized

, , , ,

A plane had to make an emergency landing in a corn field in southern Wisconsin Saturday when its engine cut out.

http://www.jsonline.com/news/wisconsin/84354752.html

The pilot made the landing in Bloomfield in Walworth County after his engine plane’s engine conked out. He was flying to Aurora, Ill.

The pilot was taken to a Burlington hospital, but he reportedly didn’t suffer any major injuries. But the plane is a loss, sustaining major damage.

Investigators were set to visit the crash site Sunday night.

No Pet Projects in Stimulus Bill

0 comments

Posted on 26th December 2008 by Gordon Johnson in Uncategorized

, , , , , , ,

I guess we at the Brain Injury Law Group think animal rights and rescue a little too much, because when I read the above headline, I thought it meant that Biden was saying no new laws with respect to animal rights issues. But after watching Oshkosh pass an anti-Pit Bull ordinance last week and then seeing Biden adopting another shelter dog on the news today, it was a natural mistake.

Maybe we need the new Administration to have some “pet” projects. No breed specific legislation, more money towards spaying and neutering dogs, more strenuous regulation of puppy mills and assuring that people’s pets are seen as truly part of their family. After a pet friendly Christmas Eve, it is hard to imagine life without our furry friends.

Attorney Gordon Johnson
http://wis-law.com
http://tbilaw.com
http://gordonjohnson.com
http://thelegaltimes.net

Date: 12/23/2008 4:35 PM

BC-Biden-Stimulus,3rd Ld-Writethru/648
Eds: ADDS detail on Reid. Moving on general news and financial services.
Biden nixes idea of pet projects in stimulus bill
By JENNIFER LOVEN
AP White House Correspondent


WASHINGTON (AP) — Vice President-elect Joe Biden said Tuesday that people expecting a bounty of pet projects in a new, massive multibillion-dollar economic stimulus plan should think again.

“It’s important for the American taxpayer to know that this is not going to be politics as usual and we will not tolerate business as usual in Washington,” Biden said at the start of a meeting of Obama’s top economic staff at transition headquarters.

“I know it’s Christmas, and I know it’s the Christmas season,” he said, “but President-elect Obama and I are absolutely, absolutely determined that this economic recovery plan will not become a Christmas tree.”

Biden said “there will be no earmarks” in the proposal — referring to the sort of special-interest projects that members of Congress often attach to various pieces of legislation.

The goal had been for the incoming White House and the Democratic-controlled Congress to devise the broad outlines of a plan by Christmas. The negotiators are on a tight schedule, as Obama and congressional leaders want to have lawmakers act on the plan in early January, so that it is ready to be put into place as soon as possible after Obama takes office on Jan. 20.

But when asked whether a broad outline was ready, Biden replied: “We’re not prepared to tell you at this moment that that’s been done.”

Among the details still being polished, he said, are total spending figures — expected to range between at least $650 billion and perhaps as much as $850 billion — as well as where it will go. Biden said the sides are very close.

“There is overall agreement on both right now, that we’re getting down to a specific number and the nature of the investments we’re going to be making,” he said.

The plan is expected to significantly increase federal spending on health care, education, infrastructure like roads and bridges, aid to states, and energy. Ideas include weatherizing 1 million homes, shifting to a paperless health system, investing in disease prevention and modernizing schools.

“As our economy worsens, the need for a bold economic recovery grows every day,” the vice president-elect said.

The recession already is the longest since the 1981-1982 slump, which lasted 16 months. Former Treasury Secretary Larry Summers, who will chair Obama’s National Economic Council, predicted that “without substantial policy action” the nation would almost certainly face the most severe economic downturn since World War II.

The meeting was scheduled to keep Obama’s economic revival efforts on the front burner even while the president-elect and his family are on an extended vacation in Hawaii, and while an announcement on the actual package is some time off. The meeting was chaired by Biden in Obama’s absence, and included Summers as well as Obama domestic policy adviser Melody Barnes, along with Carol Browner, who will head a new White House office on energy, and other incoming aides.

A chief focus was the message that the Obama administration promises to be a careful steward of the money.

Biden and Summers stressed that the money will be spent only on worthwhile efforts: to create jobs in the short-term but also to lay the groundwork for future prosperity.

Biden said that “every dollar will be watched” to see it is spent effectively, that only what is needed to turn the economy around will be spent “and no more” and that “make-work” projects will not be allowed.

Also Tuesday, Senate Majority Leader Harry Reid, D-Nev., held a conference call with Democratic governors on the need for the package to include relief for cash-strapped state budgets. Those on the call included the governors of Michigan, New Jersey, Wisconsin and Massachusetts, said Jim Manley, a spokesman for Reid.

Copyright 2008 The Associated Press.

2 charged in death of Virgin Islands law clerk

0 comments

Posted on 29th October 2008 by Gordon Johnson in Uncategorized

, , , , , , , ,

Date: 10/29/2008 5:23 PM

By JUDI SHIMEL
Associated Press Writer


CHARLOTTE AMALIE, U.S. Virgin Islands (AP) _ A missing lawyer who had recently moved to the U.S. Virgin Islands and became a judge’s clerk was found slain Wednesday along a dirt path in St. Thomas following an apparent robbery. Two people were charged in his death.

Authorities recovered the body of Gabriel Lerner, a clerk for a Superior Court judge in the U.S. island territory, in the rural western part of the island, a day after he was reported missing and four days after he was last seen, Police Commissioner James McCall said.

“We accomplished a lot in a short period of time,” McCall told reporters. “Unfortunately, it didn’t end the way we wanted it to.”

The police spotted Lerner’s car Tuesday afternoon and started a chase that ended when the car crashed into a police cruiser. The suspects fled into the nearby forest but were captured two hours later by Superior Court marshals, police said.

The two suspects — Devon Frett, 22, and a 17-year-old whose name was not released — were being held on charges that included murder, robbery and kidnapping. They were held without bail.

Lerner, 27, a native of the Milwaukee area, was working as a clerk for Superior Court Judge Brenda Hollar. He was last seen alive on Saturday.

Family members said Lerner, a Georgetown University Law School graduate, moved to the St. Thomas in January to take a job with a law firm before becoming a clerk and was sworn into the territory’s bar last week.

“He was offered a job down there … and thought how can you pass up an opportunity to work down in paradise, instead of cold Wisconsin,” said his sister, Arielle Lerner of Milwaukee. “We were all very jealous.”

The family planned to bury him in St. Thomas, she said.

_______

Associated Press writer Carrie Antlfinger contributed to this report from Milwaukee.

Copyright 2008 The Associated Press.

Reduce partisan fight over judges, lawyers urge

0 comments

Posted on 11th August 2008 by Gordon Johnson in Uncategorized

, , , , , ,

Wisconsin got its name in the national news for our Supreme Court race this spring, as one where a good judge got beat by a little known county judge with right wing rhetoric, see the below story. For the local story of the defeat of Justice Louis Butler,Jr. by Michael Gableman click here.

Attorney Gordon Johnson
http://gordonjohnson.com
http://wis-injury.com
http://wis-law.com
©2008 Gordon S. Johnson, Jr.

Date: 8/10/2008 12:17 PM

By MARK SHERMAN
Associated Press Writer

NEW YORK (AP) _ The American Bar Association is calling on the next president and Senate to reduce partisan tensions in federal judicial nominations.

The incoming president of the lawyers’ group, H. Thomas Wells Jr. of Birmingham, Ala., said Sunday that he also is enlisting the help of retired Supreme Court Justice Sandra Day O’Connor to study threats to fair and impartial state courts.

At the federal level, the White House should create a commission of Democrats and Republicans to recommend nominees for federal appeals courts and the two senators from each state should establish similar panels to evaluate and recommend federal trial judges, the ABA says in a resolution inspired by Wells. The proposal is certain to be adopted at the group’s annual meeting in New York.

The bipartisan panels would help “avoid the times when there have been really rancorous debates in the confirmation process,” Wells said in an interview with The Associated Press.

Nominations from Florida and other states that now use such commissions, Wells said, “almost never have bitter confirmation fights.”

Wells said that by acting ahead of this year’s election, the ABA — often criticized by Republicans for tilting toward the Democrats — will avoid being seen as favoring one party. He said he plans to write to Democrat Barack Obama, Republican John McCain and members of the Senate to urge them to adopt the commission approach.

In recent years, individual senators in both parties have blocked judicial nominees from a vote by the full Senate. Democrats filibustered several of President Bush’s nominees when they controlled the Senate during his first term.

Bush also has failed to consult senators on some of his choices. In one instance, his nominee for an appeals court slot from Virginia was not among the recommendations of the state’s senators, Republican John Warner and Democrat Jim Webb.

The nomination has since been withdrawn and Bush has nominated two other Virginians to fill vacancies on the 4th U.S. Circuit Court of Appeals who were among those recommended by the senators. One, former state Supreme Court Justice G. Steven Agee, was unanimously confirmed. The nomination of U.S. District Court Judge Glen Conrad is pending.

At the state level, Wells said his concern was sparked by recent expensive, and in some cases ugly, campaigns and some state legislatures’ refusal to provide enough money for state courts.

O’Connor has spoken out frequently in defense of judicial independence and said judges who must run in partisan elections risk being compromised by the growing amount of campaign cash they must raise.

She will head up a May 2009 summit in Charlotte, N.C., that will explore these issues, Wells said.

In April, a little-known county judge narrowly defeated a Wisconsin Supreme Court justice with a law-and-order message and a barrage of third-party ads in a race that will go down as one of the state’s nastiest.

Liberal and conservative interest groups spent millions of dollars on negative attack ads that blanketed the state’s airwaves for weeks.

The ABA also is part of a push to get the U.S. Supreme Court to take up a case from West Virginia, in which a state high court justice refused to step aside from ruling on a $76.3 million dispute involving a key booster of his 2004 election campaign.

Copyright 2008 The Associated Press.

Study: To sleep better, perchance to live longer

0 comments

Posted on 2nd August 2008 by Gordon Johnson in Uncategorized

, , , , ,

The below story with respect to sleep and fatigue is an ongoing issue in our practice. Fatigue can be as significant of a contributor to motor vehicle wrecks as alcohol, with its symptoms being comparable and overlapping. See our treatment of fatigue and sleep at http://semi-accident.com/fatigue.html

In a case we settled in Milwaukee County for $2.9 million, the defendant driver had not only been working for 15 hours prior to the wreck, he was also someone who suffered from a sleep disorder. Clearly, even in situations where the Federal trucker regulations don’t apply, sleep can contribute to an accident and employers must monitor such hours of service of their employees carefully.

Attorney Gordon Johnson
http://wis-injury.com
http://semi-accident.com
http://wis-law.com
http://gordonjohnson.com

Date: 8/1/2008 5:50 PM

By RANDOLPH E. SCHMID
AP Science Writer

WASHINGTON (AP) _ Shakespeare once called sleep the “balm of hurt minds.” Bodies, too, apparently. People with the severe form of apnea, which interferes with sleep, are several times more likely to die from any cause than are folks without the disorder, researchers report in Friday’s edition of the journal Sleep.

The findings in the 18-year study confirm smaller studies that have indicated an increased risk of death for people with apnea, also known as sleep-disordered breathing.

“This is not a condition that kills you acutely. It is a condition that erodes your health over time,” Dr. Michael J. Twery, director of the National Center on Sleep Disorders Research, said in a telephone interview.

People with such disorders “have been sleep deprived for perhaps very long periods of time, they are struggling to sleep. If this is happening night after night, week after week, on top of all our other schedules, this is a dangerous recipe,” said Twery, whose center is part of the National Heart, Lung and Blood Institute.

The institute estimates that 12 million to 18 million people in the U.S. have moderate to severe apnea. The condition is not always detected because the sufferer is asleep when the problem occurs and it cannot be diagnosed during a routine office visit with a doctor. Researchers tested the patients for sleep-disordered breathing in the laboratory and then followed them over several years.

For people with apnea, their upper airway becomes narrowed or blocked periodically during sleep. That keeps air from reaching the lungs. In some cases, breathing stops for seconds to a minute or so; the pauses in breathing disrupt sleep and prevent adequate amounts of oxygen from entering the bloodstream.

“When you stop breathing in your sleep you don’t know it, it doesn’t typically wake you up,” Twery said. Instead, it can move a person from deep sleep to light sleep, when breathing resumes. But the overall sleep pattern is disturbed, and it can happen hundreds of times a night.

He said that a person typically will have four or five cycles per night of light sleep, deep sleep and REM (rapid eye movement) sleep, when most dreams occur. More deep sleep comes early in the night with more REM sleep closer to waking up. This pattern helps control hormones, metabolism and levels of stress.

The institute, part of the National Institutes of Health, says apnea has been linked to a greater risk of heart disease, high blood pressure, stroke, diabetes and excessive daytime sleepiness.

In the new report, the Wisconsin Sleep Cohort followed 1,522 men and women, ages 30 to 60. The annual death rate was 2.85 per 1,000 people per year for people without sleep apnea.

People with mild and moderate apnea had death rates of 5.54 and 5.42 per 1,000, respectively, and people with severe apnea had a rate of 14.6, researchers said.

Cardiovascular mortality accounted for 26 percent of all deaths among people without apnea and 42 percent of the deaths among people with severe apnea, according to the researchers led by Terry Young of the University of Wisconsin, Madison.

In the same issue of the journal Sleep, a separate study of 380 adults between 40 and 65 in Australia came to a similar conclusion. This study found that after 14 years, about 33 percent of participants with moderate to severe sleep apnea had died, compared with 6.5 percent of people with mild apnea and 7.7 percent of people without apnea.

“Our findings, along with those from the Wisconsin Cohort, remove any reasonable doubt that sleep apnea is a fatal disease,” said lead author Dr. Nathaniel Marshall of the Woolcock Institute of Medical Research in Sydney, Australia.

Apnea often is treated with a device that delivers continuous positive airway pressure through a mask over the nose and/or mouth. The U.S. study found that patients using this device had reduced death rates.

There has been debate over whether to use airway pressure to treat patients who are not sleepy in the daytime, the report noted.

The U.S. researchers noted that while theirs was a large study, 95 percent of the participants were white and most had adequate income and access to health care.

“It is likely that our findings may underestimate the mortality risk of SDB in other ethnic groups or the lowest socio-economic strata where there is poor awareness and access to health care,” they said.

The U.S. research was supported by the National Institutes of Health. The Australian study was supported by the Australian National Health and Medical Research Council.

___

On the Net:

Sleep: http://www.journalsleep.org

NIH: http://www.nih.gov

Copyright 2008 The Associated Press.