McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball

June 1, 2009

Major accident on expressway in Mission, Texas

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MISSION — A major accident involving at least one vehicle is slowing westbound traffic along Expressway 83 in Mission, police said.

The accident occurred about 4:30 p.m. Monday along westbound Expressway 83 near the Holland Avenue exit, Mission police Sgt. Jody Tittle said.

Tittle said at least one person is injured. Motorists are advised to avoid the area and seek alternate routes.

May 10, 2009

Buffalo Wild Wings restaurant sued for wrongful death

Buffalo Wild Wings restaurant sued for wrongful death

Minneapolis / St. Paul Business Journal

The mother of a victim in a car accident has sued a Buffalo Wild Wings Grill and Bar in Texas for wrongful death and negligence.

Ercilia Norrid, whose 18-year-old daughter Adreanna was killed, claimed in the lawsuit that employees of the bar served Michael Nason too many drinks on the night of October 14. After leaving the bar, Nason was driving south in the northbound lane near Electra, Texas, in a pickup truck when he had a head-on collision with a car that contained Norrid and 16-year-old Courtney Mengwasser. His blood alcohol level was 0.27. The driver of the car, Alyssa Willeford, was critically injured and Nason, Mengwasser and Norrid were all killed.

The lawsuit, which names Wingsport, the company that manages the Buffalo Wild Wings in Wichita Falls, Texas, asks for $7 million and other damages.

Michael Burton, president of Wingsport, said in a statement, “We just want to say that our hearts and prayers go out to each family member and friend impacted by this tragedy. We cannot comment on the lawsuit other than to say we have cooperated fully with the TABCs investigation, and are confident the facts will show Buffalo Wild Wings should not have been named in the lawsuit.”

Buffalo Wild Wings (NASDAQ:BWLD) is a St. Louis Park-based restaurant chain with 439 restaurants in 37 states.

Commercial Bus Accident

Filed under: Uncategorized — Tags: , , , , , , , , , , , , , , , , , — Johnathan Ball @ 4:27 pm
NTSB: Bus that crashed killing 9 was speeding

WASHINGTON (AP) — Safety investigators said Tuesday that a bus was traveling 88 to 92 miles per hour when it crashed last year in Utah, killing nine and injuring 43 others. Driver fatigue was likely the root cause of the crash, they said.

Investigators told the National Transportation Safety Board that the bus driver, Welland Lotan, who was 71 at the time, suffered from sleep apnea, but used a device to regulate his breathing while sleeping.

Lotan also reported having head congestion for three days prior to the accident, which was probably the result of altitude sickness or a cold and which likely interfered with his sleep, investigators said.

“It’s really tragic — tragic in loss of life, tragic in the injuries people suffered and tragic because, in my judgment, this accident was preventable,” board member Kitty Higgins said.

The motorcoach was carrying 52 passengers returning to Phoenix from a ski vacation in Telluride, Colo., on Jan. 6, 2008 when it rounded a bend on a remote two-lane highway near the town of Mexican Hat, careened off the side of the road and rolled down an embankment.

Investigators said it is likely the driver’s fatigue caused him to misjudge the bus’ speed. The speed limit on that stretch of highway was 65 mph.

The bus was part of a charter of 17 motorcoaches carrying 800 people. Lotan had risen at 6:45 a.m. MST that morning and told passengers and others that he was fatigued and had been feeling sick for three days, investigators said. He had effectively been working since 10 a.m., when he attended drivers’ meeting and then helped put chains on tires and refuel buses, they said.

When the accident occurred at 8:02 p.m., Lotan had been driving nearly five hours. Federal regulators limit commercial drivers to a maximum 15 hours on duty and 10 hours actual driving.

Investigators were able to determine the speed using video from cameras installed on the bus. Audio equipment on the bus also recorded a passenger yelling “slow down” to the driver.

The roof of the motorcoach was sheared off in the accident and everyone was thrown out except Lotan, who was wearing the only seatbelt on the bus, and one passenger, whose leg got stuck.

The board recommended a decade ago that safety standards for motorcoach roofs be strengthened. Other motorcoach recommendations that have lingered on the board’s “most wanted” list of safety recommendations include protections for occupants in rollovers and easy to open bus windows.

Teresa and Maurice Washington of Peoria, Ariz., who were sitting in the last row of bus, lost their 12-year-old son in the accident. The couple were also seriously injured.

“I’m still kicking myself for getting on a bus with no seatbelts,” said Maurice Washington, 45, who attended Tuesday’s hearing with his wife.

Legislation to toughen motorcoach safety standards — including a requirement for seatbelts — died in Congress last year, but another bill has been introduced this year.

Board member Debbie Hersman said the bus crash was the third accident the board has reviewed in the past year in which the operator suffered from sleep apnea. She said the other two were a marine and an aviation accident.

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