A Tradition of Quality Since 2002

When Tragedy Strikes…Strike Back!

Myron Penn

Shane Seaborn

Will Partin

Charles Hudson

Ryan Stinson

pennandseaborn.com

No representation is made that the quality of legal services to be performed is greater than the legal services performed by other lawyers.

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18-Wheeler Accidents

CLIENT BRIEFWINTER 2018

Here at Penn & Seaborn, we are constantly looking for ways to connect with our clients and members of our community in order to keep them up to date on what is going on within the firm and within the communities that we are so fortunate to be a part of. Our Facebook, Instagram, and Twitter accounts are full of information we think may benefit you. You can access us on Facebook by searching “Penn & Seaborn” and our Instagram and Twitter accounts may be located by searching the username “penn_seaborn”. These accounts also serve as a way to contact us, get directions to our nearest office, share your experience with us, and so much more! We are so thankful to those who have already become a part of our online experience, and we encourage everyone else to check us out!

If you have already hired or retained a lawyer in connection with anything in this newsletter please disregard this newsletter.

In the United States, there are approximately 2,000,000 big rig trucks on the road

at any given time. In 2017 the National Highway Traffic Safety Administration (NHTSA) released its 2015 Annual Report which includes data regarding the number of people injured or killed in accidents involving large trucks. The NHTSA defines large trucks as vehicles with a gross weight of more than 10,000 pounds. These large trucks are also called semi-trucks, 18-wheelers, or tractor trailers. According to the report, approximately 415,000 crashes involving large trucks occurred in 2015. As a result of these large truck crashes, 3,598 people were fatally injured while 83,000 received non-fatal injuries. Around sixty percent of the fatal crashes involving large trucks occurred on rural roads like those in our community. Fatalities in crashes involving large trucks showed an 8% increase from 3,978 in 2014 to 4,311 in 2015. With so many deaths and injuries occurring each year from trucking accidents, it is important to understand your rights as a motorist.

Generally, large trucks are owned and operated by companies who have a team of lawyers to protect them. It is important that you have lawyers on your side with the knowledge and experience to fight for you and the compensation

you deserve. Penn & Seaborn has represented victims of large truck accidents for over fifteen years. We have a proven track record of obtaining substantial settlements and verdicts on behalf of our clients. Our firm knows and understands what it takes to hold individuals and companies operating large trucks accountable for their negligence.

If you or a loved one has been involved in a truck or eighteen wheeler accident and you believe the truck driver or company is at fault, you may have an important legal claim. At Penn & Seaborn, we work hard to ensure that you receive all the compensation you deserve, including medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and future medical expenses that you may incur. You should not have to pay for someone else’s negligence. Call Penn & Seaborn today!

Recent Filings

Penn & Seaborn recently settled a case on behalf of a Bullock County client who suffered significant injuries and was hospitalized after his vehicle was rear ended by an inattentive driver. The firm worked hard on behalf of our client and obtained a great settlement. Our client has healed from his injuries and was pleased with the result.

Penn & Seaborn settled a case on behalf of a Barbour County man who suffered injuries when his vehicle was struck on the driver’s side by a speeding vehicle that ran a red light. The firm obtained a policy limits settlement on behalf of our client who was able to use his compensation for medical treatment. He has since recovered from the accident and is doing well.

The firm recently settled a case for a Montgomery County man who was injured when his vehicle was hit head on by a

negligent driver. Our client had the right of way at an intersection and the other driver pulled into his lane causing the accident. The client was pleased with the result.

The firm recently settled a Crenshaw County case after our client was injured in a motor vehicle accident as a result of someone else’s negligence. Fortunately, our client recovered from her injuries.

Penn & Seaborn settled a car wreck case that occurred in Eufaula. Our client was injured while attempting to turn into her driveway when a distracted driver rear ended her vehicle. This could have been a catastrophic accident, but thankfully our client has recovered well.

Penn & Seaborn resolved a Lee County car wreck involving a vehicle that was rear ended while waiting for a red light to change.

Penn & Seaborn recently obtained a very favorable settlement in a Texas tractor trailer accident. Out client was severely and painfully injured. Penn & Seaborn has the resources, skill, and expertise to handle serious eighteen wheeler cases, not only in Georgia and Alabama, but throughout the country.

Penn & Seaborn recently obtained a favorable settlement for a client who slipped and fell in a Quitman County, Georgia retail business. Our client slipped and fell on windshield wiper fluid that was negligently left spilled on the floor of the store. Our client recovered from her injuries and is very pleased with the outcome of her case.

These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Furthermore, no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

The firm recently filed a lawsuit on behalf of a Bullock County man who suffered an injury in an automobile accident in Pike County, Alabama. Our client’s vehicle was rear ended by a distracted driver while waiting for a red light to change.

Penn & Seaborn filed a lawsuit on behalf of a Barbour County woman who suffered an injury in an auto accident in Lee County, Alabama. Our client’s vehicle was struck from behind by a distracted driver. As a result of the accident our client had to undergo shoulder surgery.

Penn & Seaborn recently filed a lawsuit on behalf of a Montgomery County woman who suffered an injury when a negligent driver pulled out in front of her at night.

Recent Settlements

“Bra Ha Ha” Event a Success

“Bra Ha Ha” was held at Penn and Seaborn last October (Breast Cancer Awareness Month) to bring women of all walks of life together to decorate bras in their own creative ways. Each bra promoted a story of hope and support to celebrate survivors and the spirit of those working to promote awareness and breast health. The survivors, supporters, and the event itself were an inspiration to us all, and we hope this unique effort will encourage women—as well as men—to be steadfast in the fight against breast cancer.

Have a case like one of these? Call Penn & Seaborn

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Personal Injury/Products LiabilityTRUCK ACCIDENTS

There are significant differences between handling an interstate trucking case and other car wreck cases. It is imperative to have knowledge of the Federal Motor Carrier Safety Regulations, technology, business practices, insurance coverages, and to have the ability to discover written and electronic records. Expert testimony is of utmost importance. Accidents involving semi-trucks and passenger vehicles often result in serious injuries and wrongful death. Trucking companies and their insurance companies almost always quickly send accident investigators to the scene of a truck accident to begin working to limit their liability in these situations. Our lawyers, staff and accident investigators immediately begin the important task of documenting and preserving the evidence. We would like to review any case involving catastrophic injury or death.

DEFECTIVE TIRESTire failure can result in a serious

car crash and even a vehicle rollover accident, causing serious injury or death to vehicle occupants. Air, heat and sunlight can cause the rubber in

tires to break down. When a tire is defective, potentially serious problems like detreads and blowouts can occur long before the tire would be expected to wear out. If the tire failure is the result of design or manufacturing defects and the manufacturer is aware of the problem, they have an obligation to alert consumers to the potential danger.

ON-THE-JOB PRODUCT LIABILITYProduct claims often arise from

worker’s compensation claims. Occa-sionally after we investigate the circumstances that caused the injuries, we discover that a defective machine may be the cause of the injuries.

HEAVY TRUCK PRODUCT LIABILITY CLAIMS

Tractor trailer and other heavy trucks are not required to contain many of the same protections for occupants as smaller passenger cars. They can contain dangerous defects putting the truck driver or passengers at risk of serious injury or death. These trucks often have particularly weak roofs that crush in rollovers. The passenger compartments are often not protected by effective cab guards, and this allows loads to shift into the truck cab. We

would like to review any case involving catastrophic injury or death.

NURSING HOME ABUSE AND NEGLECT

Nursing homes are supposed to be in the business of providing skilled nursing care to elderly and disabled residents. Unfortunately, statistics indicate residents in nursing homes suffer abuse and neglect more frequently at the hands of

nursing home corporations. In many cases, residents have died or have been severely abused as a result of neglect. They may suffer physical abuse, emotional or psychological abuse, or neglect. We are investigating cases involving serious injury or death resulting from nursing home abuse or neglect.

INVOKANAApproved in March 2013, Invokana

(canagliflozin) is an SGLT2 Inhibitor used to treat adults with Type 2 diabetes, manufactured by Janssen Pharma-ceuticals, a subsidiary of Johnson & Johnson. SGLT2 inhibitors work by preventing high blood sugar by helping the patient’s kidneys remove excess sugar through their urine. In May 2015, the U.S. Food and Drug Administration (FDA) issued a warning the drug has been linked to cases of ketoacidosis, a serious condition

where there is too much acid in the blood. Complications of diabetic ketoacidosis include difficulty breathing, nausea/vomiting, abdominal pain, confusion and unusual fatigue or sleepiness. The condition can lead to diabetic coma and/or death.

ZOFRANManufactured by GlaxoSmithKline,

Zofran (ondansetron) was approved to treat nausea during chemotherapy and following surgery. Zofran (ondansetron) works by blocking serotonin in the areas of the brain that trigger nausea

and vomiting. Between 2002 and 2004, GSK began promoting Zofran off-label for the treatment of morning sickness during pregnancy, despite the fact the drug has not been approved for pregnant women and there have been no well controlled studies in pregnant women. The FDA has received nearly 500 reports of birth defects linked to Zofran. Birth defect risks include cleft palate and septal heart defects.

Pharma and Devices

(334) 676-1626 • pennandseaborn.comPenn & Seaborn, Attorneys at Law

Montgomery1971 Berry Chase Place(334) 676-1626

Clayton 5 Court Square (334) 775-9778

Eufaula1442 S Eufaula Ave (334) 687-5555

Union Springs53 Highway 110(334) 738-4486

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E-Cigarette Explosions

We are handling cases involving e-cigarettes. In addition to concerns about toxic chemicals associated with the devices, we are currently investigating cases involving severe injuries caused by exploding e-cigarette devices

and exploding e-cigarette batteries. These explosions have been linked to faulty e-cigarette products, defective lithium-ion batteries, and insufficient warnings for users. With few regulations to ensure their safety, e-cigarette devices have been aggressively marketed and sold in stores throughout the United States.

Figure 7. Number of e-cigarette fires and explosions.

Num

ber

of in

cide

nts

0

20

40

60

80

100

120

20162015201420132012201120102009

98

15

24

311 0

n = 195

Figure 8. E-Cigarette fires and explosions compared to sales.

E-ci

gare

tte

sale

s ($

1,00

0,00

0)

Num

ber

of in

cide

nts

0

500

1,000

1,500

2,000

2,500

3,000

3,500

20162015201420132012201120102009 0

20

40

60

80

100E-cigarette sales (million $)Annual number of incidents

E-cigarette sales data from http://www.statisticbrain.com/electronic-cigarette-statistics/ on 3/27/2017.

NUMBER OF E-CIGARETTE FIRES AND EXPLOSIONS

Source: U.S. Fire Administration and FEMA