Serious Injury Lawyers

The law firm of Pitman, Kyle & Sicula, S.C. was proud to make a donation to the 11th Annual Watertown Gifts for Kids Christmas event.

Pitman, Kyle & Sicula donated a $500 check to event coordinator Elizabeth Brennecke for the second consecutive year. The success of the Christmas event has allowed the Gifts for Watertown Kids charity to go beyond just helping families during the holiday season. Gifts for Watertown Kids now helps a variety of services that benefit children through out the year.

A monetary donation or an unwrapped gift for a child 0-18 will be accepted as admission to the event. All of the donations will go to Watertown Family Aid and the Watertown Unified School District. The event will have a cash bar, hors d oeuvres and live entertainment.

“We just want to spread holiday cheer and help families make this a special holiday season,” said Jeffrey Pitman. 

“The growth and reach of this charity can be attributed to the generosity of the Watertown community.” said Tom Kyle.

Pitman, Kyle & Sicula would like to thank all of those who helped make last year’s event the most successful to date.  The firm encourages everyone to continue to donate toys, time, services, etc., in an effort to make this a special holiday season for everyone.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Waupaca County becomes the first county in the state to ban the use of cell phones while driving a motor vehicle.

The ordinance prohibits dialing, answering, talking, listening or text messaging in a manner that would not allow the user to keep both hands on the steering wheel.

There is an exemption for calling emergency services or using the phone while the vehicle is parked.

The ordinance carries a fine of $75 not including court costs which could raise the overall tab to $217.50.

Board Supervisor Jack Penney said that the county experienced approximately 12 cell phone-related accidents over the last year.  

“We have had a number of fatal and injury crashes caused by people young and old on cell phones,” said Al Kraeger, chief deputy of the Waupaca County Sheriff’s Department.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The law firm of Pitman, Kyle & Sicula would like to congratulate attorneys Jeffrey Pitman and Jonathan Groth for being recognized by Super Lawyers and Law & Politics magazine.

Jeffrey Pitman was named a 2008 Super Lawyer making this the third consecutive year he has earned the honor (2006-08).   Being named a Super Lawyer requires candidates to be nominated by their peers.  The nominees are then screened by the research staff at Super Lawyers magazine.  Finally, the candidates are grouped according to primary area of practice and are reviewed by a blue ribbon panel of their peers.

Jonathan Groth was named to the 2008 Rising Stars list.  In order to to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for ten years or less.  No more than 2.5 percent of Wisconsin lawyers are named to the Rising Stars list.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The Kenosha City Council passed an ordinance yesterday that prohibits drivers from reading, writing or texting while driving. The ordinance carries a $150 fine, but may escalate to $500 if the violation leads to an accident.

The ordinance hopes to raise public awareness, especially among young drivers, of the danger involved.

A state statute already addresses text messaging under “inattentive driving.”  The violation includes a $96.40 fine and four points off your driving record.  According to the city attorney, violators may be subject to both fines.  City officials and law enforcement are currently discussing how police will approach enforcement.

A 2003 study performed by the Wisconsin Department of Transportation - State Patrol Division examined cell phone use in motor vehicle crashes.  The following is a portion of the study’s conclusion:

While the Department of Transportation and Wisconsin State Patrol survey did
not provide a definitive conclusion on the relationship of cell phone use to motor
vehicle crashes, it did provide a first step in a review of the issue. The lack of
striking data that points unquestionably at cell phone use as the cause of crashes
leads us to believe that there are many more variables that must be discussed
before any decisions are made on how best to either limit motorist cell phone use
or enhance safety for cell phone users. The data indicates that cell phone use is
indeed a contributing factor to motor vehicle crashes, as are other reasons for
“inattentive” or “distracted” driving, and that, in itself, is an important finding.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

This week marks the ten-year anniversary of the $246 billion settlement with tobacco companies.  A lawsuit that marked a cultural change in America.  

The idea started when the mother of a legal secretary died of heart disease caused by smoking.  The attorney for the family, unable to take the tobacco industry on by himself, turned to the Attorney General of Mississippi with the idea that since the state was paid for the woman’s medical care through the Medicaid program that the state could file a lawsuit and recover its losses. 

Up until this point, tobacco companies had won every smoker lawsuit ever filed against the industry, saying smokers knew what the dangers were.  However, much to Big Tobacco’s dismay, the idea caught on.  More and more states’ attorneys general filed similar cases.  With the growing media attention, the tobacco industry looked to escape the financial threat the cases caused not to mention the PR nightmare.

Eventually, the tobacco companies agreed to a $246 billion settlement payable over 25 years.  They also agreed to change their marketing and business practices.  The iconic images of Joe Camel and the Marlboro Man were banished from all advertisements.

Where did all of the money go?  The money was divided amongst the states.  Many have used the money to balance budgets, build schools and pave roads.  SInce the settlement studies show that smoking rates are down across the board. 

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

A new report discusses how insurance companies make their money.  This shouldn’t be a surprise.  They take in as much as they can in premiums and pay out as little as possible in claims.

Insurance companies are supposed to act in good faith with their insured and on behalf of their insured when dealing with someone their insured injures.  Arbitrary denials and low offers for no reason are not good faith.

Read the report.  You’ll get a feel for what personal injury attorneys deal with day in, day out.  You’ll understand why Allstate, Farmers, Progressive, et al., get on our nerves.

-Attorney Jonathan Groth

Investigators for the National Transportation Safety Board are attributing the collapse of the I-35W bridge in Minnesota to a design flaw and not corrosion.  An official ruling is expected near the end of a two-day NTSB hearing. 

The bridge collapsed into the Mississippi River during rush hour traffic on August 1, 2007 killing 13 and injuring 145.

Investigators discovered that the U-10 steel gusset plates, pieces that helped connect steel beams, were designed at only half the required thickness.  The investigation identified 16 fractured gusset plates in a main truss.  One expert called that design error a “critical factor” in the collapse.

Experts said there is nothing inherently dangerous about this type of bridge so long as each structural element is designed to withstand the expected stressloads.  Internal NTSB memos have focused on the weight of construction materials on the bridge for a resurfacing project at the time of the collapse.

Upon completion in 1967, the bridge was called “fracture critical,” which meant that a failure of any number of structural elements would bring down the entire bridge.

The NTSB said the bridge collapse was unavoidable once the plates failed. 

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Seeing as how Christmas advertisements have already begun and consumers are beginning their holiday shopping earlier and earlier each year, we’ve decided to post the Top 5 Toy Hazards according to the Consumer Product Safety Commission.

Here are the top 5 toy hazards:

* Scooters and other Riding Toys - Riding toys, skateboards and in-line skates go fast and falls could be deadly. Helmets and safety gear should be worn at all times and be sized to fit.

* Small Balls and other Toys with Small Parts - For children younger than age three, avoid toys with small parts, which can cause choking.

* Balloons - Children under eight yrs. can choke or suffocate on un-inflated or broken balloons. Keep un-inflated balloons from children. Discard broken balloons at once.

* Magnets - For children under age six, avoid building or play sets with small magnets. If magnets or pieces with magnets are swallowed, serious injuries and/or death can occur.

* Chargers and Adapters - Charging batteries should be supervised by adults. Chargers and adapters can pose thermal burn hazards to children.

Please make sure that none of the gifts that you’ve purchased are recalled toys or children’s products.  Keep up-to-date on dangerous products by visiting www.cpsc.gov or www.recalls.gov .

The NY Times wrote an article focusing the serious impact of suffering a fall at an elderly age.  You can read that article by clicking this link.  The article followed two women who experienced falls, but drastically different recoveries. The article illustrates how falls are “complex, preventable events with multiple causes and consequences.”

What some may not realize is that the fall itself is not always the culprit.  Instead, the fall is the catalyst for numerous other complications that can deteriorate your health and even be fatal. 

Falls may trigger pneumonia, depresion, infection and muscle loss.  A fall can also trigger a psychological response that prevents people from becoming mobile and active again.  Immobility can prevent you taking deep breaths, making you more prone to pneumonia as well as skin breakdown, pressure sores, bladder infection and lung infection.

Falls in the elderly are serious business.  We have seen many cases of falls at nursing homes that were avoidable and preventable.  We have also seen many residents die as a result of fractures and brain injuries caused by a fall.  Sadly, some residents give up after a fall.  Don’t let this happen to you or your loved one. 

-Attorney Jeffrey Pitman

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm that handles nursing home abuse and neglect cases.  Our nursing home abuse and neglect trial team has successfully represented abused and neglected residents in almost every county.  We know Wisconsin.

What’s the biggest with recalled toys?  The biggest problem with recalled toys has been getting the shops and consumers to return them.  According to toy manufacturer Mattel, only 6% of the recalled toys are returned.  If you were apply that math to the recent recall of 2.2 million Chinese-made toys contaminated with lead paint, that would mean only 132,000 toys were returned.

So what happens to the other 94%?  Unfortuantely, some remain in the child’s toy chest because their parents missed or ignored the recall.  Some make it to internet auction sites like eBay or business-to-business sites before inevitably landing back in the hands of consumers.

There is no federal law or regulation against reselling recalled toys.  However, eBay has agreed to keep recalled products off its auction web site.

The fact that these toys got out there for sale in the first place is the real shame. Regular exposure to lead or lead paint has been shown to lower IQs and  learning disabilities as well as behavioral problems.

If you’re in possession of a recalled item, you can probably return it to the store where you purchased it or you can mail it back to the manufacturer.  Check the Consumer Product Safety Commission (www.cpsc.gov) web site for details on how to return the product.

If you’re in possession of a hazardous material, you can drop it off at your local municipal hazardous waste collection facility.  Go to www.earth911.com to find a hazardous waste facility near you.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.