Death of Husband-Father was “Substantially Certain” in Bridge Collapse; $13,000,000.00 Wrongful Death Verdict
Just before 10 p.m. last night, a 12 member Baton Rouge jury presided over by the Honorable Judge Janice Clark, finally provided closure to the family of Mr. Ulvado Soto Martinez by issuing a verdict totaling $12,000,000.00 to his widow, Maria, and her 6 and 10 year old boys. Kenny Hooks, a member of the trial team, was quoted: ”I am so proud of our community as represented by the jurors selected by the parties in this case. Only in the American civil justice system can a single mother of two small boys obtain palpable justice against a corporate venture made up of Kiewit company (a billion dollar contracting firm), Modjeski and Masters Engineering, (self proclaimed as one of the top bridge engineering firms in the world) and a Switzerland based insurance group 60,000 people strong world wide. Baton Rouge jurors are smart and attentive and have shown rogue, faceless entities they cannot harm our families and neighbors without providing compensation for the losses sustained”. Lead Counsel Juan Hernandez closed by admonishing the members of the jury: “Maria and the boys are not here seeking your sympathy, they want justice under the law. No More, No Less”.
Justice was administered. Kiewit, a billion dollar contracting company that brags number 249 on the fortune 500 list, was part of a Joint Venture found by the jury to be “substantially certain” the bridge column where Mr. Martinez was working would certainly collapse injuring or killing workers. The uncontested evidence conclusively proved the column that crashed was the third in a row with severe problems standing on its own weight. Instead of repairing the bridge before the collapse, those found liable chose not to spend the money or the time to resolve the underlying problems.
Bob Lyons, attorney for Martinez’s brother, asked for and received a verdict of $1,000,000.00 for the long term effects of his client watching his brother fall to the ground, saw him trying to crawl out from the wreckage and comforted his brother for over 20 minutes until he could do nothing further. Lyons, past president of the Dallas, Tx bar association, stated angrily: “There is no reason for us to be here today, none. The death of this man should not have occurred. Simply speaking, it all happened because of corporate greed. Nothing more”.
After the verdict, one of the jurors wrote:
“I have just completed my civic duty. I was chosen as a juror on a civil suit case. We spent 8 days listening and watching our judicial process at work. Although this was sometimes “an inconvience”, I can go to sleep tonight knowing that the decisions we made tonight were the correct ones. I now have a new understanding and appreciation of the responsibility of being selected as a juror. I am hopeful that if any of you are ever chosen, you will consider it an honor.”
BP Money Loss Settlement Maps – Preliminary
Businesses who lost money after BP’s destruction of the coast of the Gulf of Mexico (map) are entitled to money without the necessary proof typically required in a lawsuit, called causation. All that business owners need to prove is a loss of revenue following the spill. The calculations for money losses are based on previous year(s) earnings, or a combination of various years revenue. Call the firm for more information. A list of the Zone A towns are found here.
Piracy Rates Down, Injury Claims May Be Brought in U.S. Courts
Somali piracy rates began to skyrocket over 5 years ago, however since then, U.S. Navy vessels combined forces with other U.N. security forces have been reported as the cause for a dramatic decrease in attacks world wide by 1/3 since the first quarter of this year alone. For example, last year this quarter, the Horn of Africa had 97 attacks as opposed to 43 this year. Nine vessels have been captured so far this year. There are many ways vessel owners can identify approaching pirates through electronic equipment to legally stop pirate seizures of vessels, however, some owners simply refuse to add the extra costs which would decrease the overall profitability of the voyage. It is well known by the world wide shipping industry where piracy is the heaviest and those areas can be carefully avoided by prudent owners, but again, the changes in itineraries and diverting course leads to increased costs of bunkers, extended time at sea, higher crew wage costs all leading to less competitive rates. Imprudent shipowners can be held legally responsible if the chose to risk pirate ridden waters at the sake of human capital. The decision is an easy one for those owners who are completely irresponsible. The reason is transparant. Should the owner chose pirate waters, profits increase by saving on wages, bunkers, day rates, charter hire, cargo insurance, ect. These profits are kept by the owners and the bottom line is increased dramatically. If, however, that owner acts reasonably and responsibly those profits are lost, guaranteed. If the vessel is captured, its insurers’ (P&I Clubs) come to the rescue and pay costs associated with capture.
As a result of gaining funds from prior attacks, pirates have changed tactics. Pirates have been using smaller tramp and fishing vessels acting anonymously in shipping lanes. The piracy study conducted by “One Earth Future Foundation” showed Somali piracy ransoms were over $150 million dollars last year and the world economy $6 plus Billion dollars.
One Killed and One Injured after Vessel Collision on Lake Lanier
4/23/2012
59-year-old Stephen Blake Jones, (59) was found deceased and Sharon C. Ezell, 61, was seriously injured after a boat collission between a pontoon boat and a ski boat. The passengers of the ski vessel, assisted by flotation devices, swam safely to shore. Ezell was found on the crashed pontoon boat while Jones was found in the lake. No charges have been brought at this time nor is the investigation complete.
Owners of Italian Merchant Vessel Settles Death Claims of Indian Mariners
The families of two Indian fisherman killed by the crew of the Italian merchant vessel Enrica Leslie settled with legal heirs of the families of Valentine Jelestine (wife) and Ajessh Pink (dependent sisters) for less then $200,000.00 each,
Counsel for Valentines wife Dora was is C Unnikrishanan and for Ajessh Pink’s dependant sisters was V M Syamkumar, maritime lawyers.
Indian Seamen Injured Ashore
The Jakarta Post, Jakarta | Sun, 04/15/2012 9:07 AM
Joint Jakarta Police, Navy Military Police and Jakarta Garrison forces conducted a joint patrol from late Friday to early Saturday in North and Central Jakarta to prevent the reoccurrence of attacks by motorcycle thugs.
The joint forces deployed 250 officers to patrol previous crime scene areas on Jl. Warakas, Jl. RE Martadinata, Jl.Kemayoran, Jl. Benyamin Sueb, Jl. Pramuka and Jl. Salemba Raya.
Jakarta Police spokesman Sr. Comr. Rikwanto said that during the five-hour patrol, the joint forces did not find any signs of criminal activity in those areas. He added that the patrol would continue as long as it was needed until the situation became normal again.
Rikwanto , however, explained that two soldiers — Navy First Seaman Sugeng Riyadi and Second Private Akbar Fidi Aldian — were hospitalized at the Gatot Subroto Army Hospital in Central Jakarta with gunshot wounds inflicted during the attacks. Sugeng was shot in the right ear while Akbar was shot in the chest.
Rikwanto said, “The bullets have not yet been removed from the victims, so the police cannot investigate the type of guns used in the attack.”
According to witnesses, both soldiers were shot by men driving a Toyota Yaris. Police are currently investigating and are expecting to name suspects soon.
Rikwanto also said the police had alleged the involvement of several marine officers in the attacks.
“We will find out who the driver was and investigate the allegations of the involvement of marines in the incidents,” he said, adding that both the police and the Navy had been cooperating in investigating the case and in finding the suspects.
“They [the Navy] would take stern action if there were marines proven to have been involved,” Rikwanto added.
The latest attack perpetrated by around 200 alleged biker gang members claimed the life of Anggi Darmawan and injured several others. The biker gangs had also vandalized a 7-Eleven convenient store during the early hours of Friday before attacking three other customers of the store.
It was widely reported that most of the biker gang members were similar in appearance; with athletic builds and crew cuts.
The attack was the third following similar incidents in Kemayoran and Sunter, North Jakarta. All incidents were presumed to be related to the killing and the assault of Navy First Seaman Arifin Siri in Pademangan, North Jakarta, on March 31.
Indonesian Military (TNI) chief spokesman Rear Adm. Iskandar Sitompul said the TNI trusted the police to investigate any party that might have been involved in the attack.
He said, however, “We also have to respect the presumption of innocence. Do not assume anything without evidence.”
The TNI has also granted full authority to the police to proceed with the investigation, while the TNI helped patrol and sweep nearby areas thought to be prone to criminal activity.
The Indonesia Police Watch urged the police to speed up the investigations into the biker gangs and the latest attacks.
“This is time to put an end to the brutality that has been savagely displayed by these gang members. If any soldiers who are involved, then they should be brought to justice as well,” said IPW chairman Neta S. Pane in a press release sent on Saturday, as quoted by tribunnews.com reported. (cor)
Integrated Tug and Barge “McKee Sons” grounded and sinking
MANISTEE, MI– Coast Guard crews continue to monitor a 579-foot integrated tug and barge vessel which grounded in Lake Michigan early Saturday and began to take in water.
Saturday evening, the 579-foot vessel, known as the “McKee Sons,” was still blocking 30 percent of a channel near the North Manistee Breakwall.
Two tugboats from Sturgeon Bay, Wis., are expected to assisted the vessel—which is carrying an estimated 49,000 gallons of diesel fuel—to Sturgeon Bay.
There are no indications of any pollution issues, the Coast Guard said in a statement released tonight.
The majority of water taken on board was cleared up by noon.
Personnel from the Coast Guard’s field station in Grand Haven arrived on scene in Manistee at about 5:45 a.m. Saturday to offer help. The Invincible sustained damage to a shaft in its engine room during the grounding. Welders were making repairs Saturday night.
Grand Haven personnel will inspect the vessel before it departs for Sturgeon Bay.
It was not known what caused today’s grounding.
4 Crewmembers of Racing Yacht Presumed Missing
The Coast Guard suspended its search Sunday night for four yacht crew members who went missing off the Northern California coast after a weekend racing accident and has no plans to resume it, officials said.
Petty Officer Caleb Critchfield said the search was reluctantly halted at sundown Sunday after aircraft and boats searched more than 5,000 square miles of ocean over more than 30 hours.
“There’s a window of survivability and we searched well beyond that window,” he told The Associated Press.
The crewmembers - Alan Cahill, of Tiburon, Calif.; Jordan Fromm, of San Rafael, Calif.; Elmer Morrissey, of Ireland; Alexis Busch, of Larkspur, Calif. – were thrown into the 50-degree waters when a series of disastrous events caused their sailboat to run aground during a race Saturday near the Farallon Islands, about 25 miles offshore.
The body of 46-year-old Marc Kasanin of Belvedere, Calif., was pulled from the water hours after the accident. The three remaining crew members survived.
Philippines – China Warships in Standoff
By JIM GOMEZ Associated Press
A naval standoff between China and the Philippines after China deployed a second ship and an aircraft because the governments are having confrontations after governments with conflicting territorial claims started beefing up their maritime forces.
A Philippine warship attempted to arrest several Chinese fishermen, who were accused of illegally entering and collecting endangered coral, giant clams and live sharks Tuesday at the disputed Scarborough Shoal off the northwestern Philippines. Two Chinese government ships arrived and prevented any arrests, sparking the standoff.
Chinese officials said their fishermen sought refuge at the shoal, which they said was part of Chinese territory, due to bad weather but they were harassed by the Philippine navy ship.
The Philippine warship later sailed away and was replaced by a Filipino coast guard vessel. All Chinese fishermen later slipped away from the shoal, diffusing the standoff.
But tensions flared anew on Saturday after China deployed a second surveillance ship, along with a Chinese aircraft that briefly flew over the Philippine coast guard vessel at the shoal, Philippine Foreign Secretary Albert del Rosario said.
One of the Chinese ships also ordered a Philippine-registered yacht, which was carrying French nationals involved in an archaeological survey, to leave the Scarborough, which lies about 230 kilometers (143 miles) off the Philippine province of Zambales, Philippine officials said.
“The stalemate remains,” Philippine Department of Foreign Affairs spokesman Raul Hernandez said Sunday.
Del Rosario, who left for a weeklong trip to the United States on Sunday, said he would continue to oversee negotiations with China to end the impasse.
Carlyle Thayer, a South China Sea expert at the University of New South Wales in Australia, said the Scarborough standoff was the latest reminder of an urgent need for China and other claimant countries to come up with arrangements to ensure disagreements, like fishermen straying into disputed waters, would not become violent, while the territorial disputes remain unresolved.
Such an arrangement, Thayer said, could be included in a proposed “code of conduct” being drafted by the 10-member Association of Southeast Asian Nations, which includes four nations involved in South China Sea conflicts, and China.
China and rival countries like Vietnam and the Philippines have bolstered their maritime forces to protect islands, reefs and potentially oil- and gas-rich offshore areas they claim in the South China Sea, increasing the possibility of confrontations, he said.
“If the South China Sea can be compared to a bathtub, it is only a matter of time before there is a collision in this congested space,” Thayer told The Associated Press in an e-mail reply to questions. “The incident at Scarborough Shoal is a harbinger of what is to come.”
“Unless this matter is effectively addressed … the future portends more confrontations and possible clashes at sea,” Thayer said.
St. Tammany Parish Sheriff Deputy injured in wreck
Deputy hospitalized after patrol car wreck
St. Tammany Parish Sheriff Jack Strain says a deputy was hospitalized with a concussion after driving his patrol car through a red light and hitting another car.
He says the deputy’s passenger — another deputy — suffered minor injuries in the Friday morning wreck, and the other driver was not injured.
Strain did not identify the deputy who was being held for observation Friday. But he says he will be cited for failing to obey a traffic signal, and both deputies will be cited for failing to wear seat belts.
The sheriff says the wreck also will go before the Sheriff’s Office Accident Review Board.
