Crash rescue of pedestrian Robert Eugene "Chip" Nelson. Photos by The Dragonater
WARNING: STOP READING NOW IF YOU WANT TO AVOID SEEING BLOOD, OR TURN OFF IMAGES IN YOUR BROWSER AND RELOAD
WARNING: DO NOT CLICK THIS LINK IF YOU DO NOT WANT TO SEE NEWS PHOTOS OF A TYPICAL FATAL CRASH
UPDATE: Motorcycle Safety Foundation proves all drivers have Motion Induced Blindness - Bikers and pedestrians BEWARE!
UPDATE MAY 2012: ROCKWOOD AND/OR TDOT HAS NOW CHANGED TIMING ON ALL TRAFFIC LIGHTS IN ROCKWOOD, FROM 3.5 SECONDS TO 5 SECONDS, WITH BOTH RED LIGHTS ON AT ONCE TO ALLOW VEHICLES TO CLEAR THE INTERSECTION BEFORE GREEN LIGHT ON. TRAFFIC NOW BACKS UP AT LIGHTS, BUT HEALTHY PEDESTRIANS CAN NOW NEARLY CROSS ALL 5 LANES AT A WALKING PACE. IT IS DOUBTFUL THE MANDATORY TDOT TRAFFIC ENGINEERING SURVEY SPEED AUDIT HAS BEEN COMPLIED WITH, AND PAPERWORK MAY BE PENCIL-WHIPPED TO SUBVERT LITIGATION VS CITY OF ROCKWOOD.
Debrief by The Dragonater, ak/a/ John Lee
Last night I eyewitnessed a crash recovery in Rockwood on US27. Today the news reported the victim died in Knoxville at UT Medical Center (owned by a Canadian corporation, a common target for malpractice lawyers and pedophile prosecutors).
Impact point and directions of travel NOT confirmed by police report. Click to enlarge map
Click for Interactive Map
Ambulance response was so fast the victim was stabilized and driven away literally in the time it took to take these photos, less than 5 minutes. It takes Rural Metro over 4 hours to "rescue" a crash victim on the Dragon, not counting Lifestar flight.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
US27 (North Gateway Avenue) in Rockwood is a 5-lane undivided highway peppered with an annoying number of frivolous traffic lights. Occasional pedestrians use the crosswalks, sometimes still crossing after lights turn green for vehicle traffic, due to the time it takes to walk across 5-lanes of traffic, and yellow lights that are timed too short. Pedestrians in crosswalks are often hidden behind vehicles stopped for a red light after the light turns green, while moving vehicles approaching a now-green light continue moving. It is always lawful for pedestrians using crosswalks to still be crossing after a light turns red for pedestrians, after the light turns green for vehicle traffic (which may be what happened in this case). Vehicles are always required to yield to pedestrians in crosswalks, under TN Code. Five lanes also allows drivers plenty of visibility, maneuvering room and braking room to dodge any pedestrian. Vehicles are not allowed to park along US27, thus there is no obstruction of visibility for drivers and pedestrians.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
I spoke with the portly gentleman seen in these photos (gray or tan shirt), who I presumed was an off-duty cop. But this may have (also) been the driver of the SUV, Larry Thompson. I asked "Was it hit and run?" He replied partially, "No -- he ran out in front and there was no way to avoid it." He asked, "Who are you?" (Typical cop question for journalists at crash scenes.) I said I was a journalist "taking photos in case there was a lawsuit" (for insurance to help pay hospital bills to save the life of the victim, i.e. if relying upon TennCare/Medicaid or no insurance at all = death and cannibalization for $500,000 profit in free bodyparts, since greedy doctors and hospital corporations would lose money otherwise). I asked if he was a friend or family of the victim, but he said "No". He asked, "What news organization are you with?" I replied, "CTV in Knoxville and WBCR radio in Maryville." "So you're freelance", he skoffed. No, I host my own TV and radio news shows. I got a vibe the portly gentleman was considering ramming his fist into my face, except it might have been noticed by the cops standing around. After a solid 20 hours of non-stop journalism, I was not in the most tactical mood. My PRESS PASS ID card was with my other video equipment in another bag. (Note to self: BUY MORE PRESS PASS ID CARDS)
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
THE LAW
Rockwood is known as "The city with too many traffic lights". Rockwood has an illegal "speed limit" of 40 mph on US27 in violation of MUTCD, TDOT and TN Code, for lacking a mandatory Traffic Engineering Survey Speed Audit by TDOT. The reason THE LAW says the posted "speed limit" in Rockwood is ILLEGAL is because a speed limit set too low KILLS PEOPLE. Setting a posted speed limit too low for prevailing traffic also means the timing of yellow lights is probably too short for the actual speeds involved. To walk across 5 lanes of traffic on US27 means the timing of a yellow light should be lengthened to allow pedestrians time to cross before the light turns green for perpendicular vehicle traffic. The timing of yellow lights in Rockwood is clearly too short, and may be the proximate cause of this crash fatality.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
MUTCD does not allow traffic lights nor stop signs be used for "traffic calming", nor forcing potential customers to stop and stare at local businesses. Since the so-called speed limit is illegal, it's presumed the traffic lights are illegal, and without an Engineering Survey to determine correct yellow light timing (based on the 85th-Percentile average speed of traffic), or to determine if a traffic light is allowed at all. At that time of night, a flashing yellow light would be the only lawful traffic light in Rockwood. Flashing yellow lights force drivers and pedestrians to PAY ATTENTION, rather than (sometimes literally) go to sleep and allow a robot to do their thinking for them, and gets their brains out of autopilot mode.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
The illegal traffic light exposes the City of Rockwood Municipal Corporation to litigation for causing this fatality, under the TN Governmental Tort Liability Act and TN Code. See CURTIS ROBIN RUSSELL, ET AL. v. ANDERSON COUNTY, ET AL..
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
Tennessee follows the Modified Comparative Fault 50% Rule -- if a victim is more than 49% at fault, he cannot recover monetary damages for personal injury or wrongful death. A victim's financial damages are reduced by the percentage of his own comparative fault. The previous rule in TN was "contributory negligence", where a victim could not collect financial damages if he was more than 1% at fault.
Statute of limitations is one year to file a lawsuit for personal injury and wrongful death in Tennessee. Evidence MUST be preserved NOW or government agencies and private businesses will DESTROY it. Evidence in such a case would be E911 Radio Dispatch tapes and ambulance dispatch tapes for all channels involved, private security videotapes at local businesses, cellphone records, vehicle airbag "blackbox" computer data including vhicle speed at impact, and all medical records. Fatal crash reports from THP HQ are available only to immediate family, since recent change to TN Code makes public records Top Secret (to protect the guilty). Even when not filing a lawsuit nor hiring a lawyer, negotiation with a driver's insurance company or governmental Risk Management Dept will require possession of all evidence to ensure a fair settlement.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
It is a criminal misdemeanor under TN Code to fail to yield to a pedestrian, especially in a crosswalk, with sentence of up to 11 months and 29 days jail (full TCA text below). The impact of this crash apparently occurred in a crosswalk at a traffic light. Reportedly, no criminal charges were filed regarding this crash. No police officer is ever allowed to make an arrest without a warrant when they did not eyewitness a misdemeanor crime in progress. Since no cop apparently eyewitnessed this crash, no cop is allowed to ticket the driver for "failure to yield to pedestrian".
A "ticket" is literally an arrest, since detention is involved while the cop has possession of the driver's "license" (national I.D. internal passport under the 6th Plank of the Communist Manifesto).
Cops almost never ticket nor arrest government employees who design or install defective or illegal traffic control devices that injure or kill people, and never investigate defective or illegal traffic control devices in their crash reports. The Manual on Uniform Traffic Control Devices by USDOT has been adopted in Tennessee by TDOT and TN Code.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
Why were no criminal charges reportedly filed after this fatal crash? THP conducts an "investigation" only into an immediate arrest for DUI. If the driver of the vehicle does not slur words or have bloodshot eyes, nor admit to consuming alcohol or drugs in the past 24 hours, nor admit to talking on a cellphone, nor admit to being a little sleepy, then no arrest. All other witnesses are censored from the THP crash report.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
City and county cops apparently never ticket a driver if THP is on the scene. THP may have arrived later to fill out a crash report. City and county cops routinely fail to ticket a driver who is family or an employee of local government. Is SUV driver Larry Thomspon related to Rockwood city councilman William Thompson?
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
When a so-called "drunk driver" is involved in a fatal crash, that driver (and/or passenger) is prosecuted for First Degree Murder, which carries a life sentence or death penalty in Tennessee. Thousands of US citizens have been sentenced to life in prison for DUI, without involvement in a fatal accident.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
Note that the "legal limit" is 0.00% blood alcohol level in Tennessee, and every other state during the current Prohibition on consuming alcohol. What did you say...your local "news" corporation didn't tell you what's already published in THP's Driver License Handbook And Study Guide? Didn't you know the Drug War considers alcohol a mind-altering drug -- a Drug War with US Police State death squads shooting and bombing millions of people to death including women and children?
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
DRIVE TO SURVIVE
The correct method to avoid pedestrians and animals is maximum braking (in a straight line if possible), staying in your same lane, then take avoiding action by RELEASING THE BRAKES and changing lanes at the last second. Fast animals like deer, dogs, cats, rabbits and squirrels often have the situation under control and changing lanes only results in running them over, so max braking in a straight line is all that's required to avoid impact. I routinely practice avoiding action for insects like caterpillers walking across the road, to exercise my mind, body and vision. This proven avoidance procedure is based on my participation in a dozen racing schools, 150 practice days and 80 races (half of them televised).
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
Target fixation is a problem for drivers and riders, resulting in hitting the object rather than avoiding it, so keep your eyes pointed AWAY from the pedestrian or animal (or insect) and only look where you want to go.
Robert Nelson was reportedly still alive at this point, and died later at UT Hospital
Bike riders must also remember to countersteer in the OPPOSITE direction you want to go, or the bike won't lean and will feel like the handlebars are welded locked in the straight-ahead position, preventing all attempts to turn the handlebars, ensuring impact or riding straight off the road. I practice countersteering at the start of every ride, to reprogram my brain to NOT steer a bike like a car or trike. Countersteering is censored by THP in its Motorcycle Operator Manual and MC license test, both of which are written by the so-called Motorcycle Safety Foundation, to extort riders to pay $300 to attend one of 1,000s of MSF RiderCourse schools staffed by off-duty cops, and to increase the number of crashes and deaths to "justify" a Police State.
I've nearly hit at least 2 pedestrians, that I recall, in my 35 years of driving. One pedestrian ran out out of the bushes in front of my car on rural I75 (miles from any exit) after midnight, and stood on the centerline of the Interstate -- I was driving 120 mph at the time (a legal speed in many nations, and formerly legal in USA, because speed saves lives according to USDOT).
The second pedestrian ran out in front of my car halfway down the busy exit ramp of I40 at Cedar Bluff in Knoxville, at daytime rush hour.
In both cases, I did not panic nor freeze, took the required avoidiance action, and reacted tha same as I would for an animal in the road. So the pedestrians survived...and so did I. These pedestrians literally "ran out into the road" in front of my car, apparently hoping for "suicide by automobile". I did not aid and abet their criminal attempt. It's illegal for pedestrians to walk on an Interstate highway -- but that's won't do you any good if you're dead from a body crashing through your windshield with 24,000 pounds of force (12-tons) at 60 mph.
John Lee is the Hollywood-award-winning executive producer and host of Pirate News TV and Radio Show, and webmaster for PirateNews.org as seen on Charter Channel 6, Knology Channel 6, Comcast Channel 12 and ATT Uverse Channel 99 in Knox and Blount Counties, on History Channel and Asahi TV in Japan, heard on WBCR Truth Radio 1470 throughout East Tennessee and Western North Carolina, and worldwide live on the internets. John Lee was a paralegal and private investigator for the law firm of Lee, Lee & Lee, which won a trillion-dollar class action in federal court in 2011. Contact by email: dragonaters[at]yahoo.com
Rockwood pedestrian hit by SUV dies from injuries
Knoxville News Sentinel
March 23, 2012
ROCKWOOD, TENN. — A 41-year-old man struck by an SUV Thursday night died of his injuries this morning at University of Tennessee Medical Center.
Robert Nelson of Rockwood was flown by medical helicopter to the Knoxville hospital shortly after the 8:30 p.m. incident.
Nelson was walking across North Gateway Avenue when he was hit by a Ford Expedition driven by Larry A. Thompson, 35, also of Rockwood, investigating Rockwood Police Officer Jared Hall said.
The officer said several witnesses described the accident as "unavoidable."
No charges were filed.
2010 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 8 - Operation of VehiclesRules of the Road
55-8-134 - Pedestrians' right-of-way in crosswalks.
(a) (1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) Subsection (a) does not apply under the conditions stated in § 55-8-135(b).
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
[Acts 1955, ch. 329, § 33; T.C.A., § 59-834; Acts 2008, ch. 776, § 1.]
TCA 55-8-197 Failure to Yield Right of Way - Rules of the Road
**Amended May 2011 Effective July 1, 2011**
Tenn. Code Ann. § 55-8-197
TENNESSEE CODE ANNOTATED
© 2011 by The State of Tennessee
All rights reserved
*** CURRENT THROUGH THE 2010 REGULAR SESSION ***
Title 55 Motor and Other Vehicles
Chapter 8 Operation of Vehicles--Rules of the Road
Part 1 Operation of Vehicles -- Rules of the Road
Tenn. Code Ann. § 55-8-197 (2011)
(a) Any person who violates subdivisions (a)(1)-(6) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor:
(1) Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202;
(2) Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections; or
(3) Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right of way as provided in those sections.
Amended May 2011 Effective July 1, 2011
(4) Section 55-8-134, by failing to yield the right-of-way to pedestrians in crosswalks as provided in the section;
(5) Section 55-8-136, by failing to exercise due care as provided in this section; or
(6) Section 55-8-175(c), by failing to overtake and pass a bicycle safely as provided in the subsection; or
(b) For the purposes of this section, unless the context otherwise requires, "serious bodily injury" means:
(1) Substantial risk of death;
(2) Serious disfigurement; or
(3) Protracted loss or impairment of the function of any bodily member, organ or mental faculty.
(c) (1) A violation of subsection (a) is a Class B misdemeanor punishable by a fine of two hundred and fifty dollars ($250) if the accident results in serious bodily injury of another.
(2) A violation of subsection (a) is a Class A misdemeanor punishable by a fine of five hundred dollars ($500) if the accident results in the death of another.
(d) The court shall send the department a record of any of the convictions of any of the sections indicated in subsection (a). The court shall indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another.
(e) Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted under this section for a period of up to six (6) months, if the accident results in serious bodily injury of another, and up to one (1) year if the accident results in death of another.
HISTORY: Acts 2007, ch. 537, § 1; 2009, ch. 342, § 1. Public Chapter 192 SB 1171 Amended May 2011 Effective July 1, 2011
Public Chapter No. 776 PUBLIC ACTS, 2008
PUBLIC CHAPTER NO. 776
HOUSE BILL NO. 2653
By Representatives Hackworth, Hardaway, Ferguson
Substituted for: Senate Bill No. 3077
By Senators McNally, Marrero
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 8, Part 1,
relative to rights of way of pedestrians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-8-134, is amended by
deleting subsection (a) in its entirety and by substituting instead the following:
(a)
(1) Unless in a marked school zone when a warning flasher or flashers are in operation, when traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the
roadway upon which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as to be in
danger.
(2) When in a marked school zone when a warning flasher or flashers are in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver shall remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.
SECTION 2. This act shall take effect July 1, 2008, the public welfare requiring it.
PASSED: April 10, 2008
TN Bicyclists & Pedestrians - Crashes PDF Report
TDOT Road Safety Audit Reviews: In 2009 (latest available data), there were 1,175 reported traffic crashes involving pedestrians and 418 crashes involving bicyclists. In 2010, there were 90 pedestrian fatalities and 4 bicyclist fatalities.
2011 TN “Due Care” Law TCA 55-8-192
• Failure to Exercise Caution When:
– Failing to Yield to Pedestrians in
Crosswalk
– Fail to Pass Bicycle Safely (3 Feet
Law)
– Failing to exercise due care when
driving
– Class B (injury) Class A (death)
misdemeanors
Key Violations: Motorists:
• Failure to yield
– when entering roadway
– when turning
• Unsafe passing
• Driving too fast for conditions
Pedestrians - Crosswalks
• All motorists must yield for
pedestrians in crosswalks,
including:
– Unmarked crosswalks at intersections
– Marked crosswalks at mid-block
Pedestrian Safety
by Vanderbilt University Police Department
Pedestrians -- TCA 55-8-134/ TCA 55-8-135:
“Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
“Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.”
“No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.”
Drivers -- TCA 55-8-134:
When traffic controls are not in place or not in operations, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Tennessee Legislation Makes Emergency Rooms Accountability-Free
March 12, 2012
A bill introduced in the Tennessee legislature specifically allows hospitals and doctors to provide negligent medical care in Tennessee emergency rooms. Unless a patient could prove gross negligence, a standard just short of criminal behavior, there would be no accountability or protection. The legislation is sponsored by Rep. Glen Casada and Sen. Jack Johnson, both from College Grove.
“For example, if you go to the ER with chest pains and the doctor carelessly misdiagnoses you with bronchitis and you go home and have a massive heart attack and die, under the proposed legislation there is no recourse for this kind of sloppiness,” stated Keith Williams, President, Tennessee Association for Justice. “In effect, a doctor would have no responsibility for careless errors that could ultimately cost you your life.”
The current standard for medical negligence already affords protections to ER doctors. ER doctors are protected as long as they deliver care consistent with standards set by their peers—other ER doctors. Only if they fail to meet those standards and harm a patient will they rightfully be held accountable under the present law.
The immunity goes one step further and covers doctors in surgery and the OB unit if the patient is admitted through the ER. This means a patient who goes to the ER will have very little, if any protection from negligence during their entire hospital stay.
This legislation has an unfair impact on pregnant women, children and low-income families since they are more likely to use the ER. Kids in sports go to the ER for injuries, pregnant women often go to the ER whey they are in labor, and the elderly frequently rely on the ER for respiratory illnesses. These vulnerable citizens would be without any protection when seeking needed medical care.
HB 174/SB 360 also places a financial burden on the taxpayers. If recipients of TennCare, Medicare and the uninsured are harmed due to carelessness in the ER, Tennesseans will end up paying the bill for a person’s medical care and treatment resulting from the doctor’s careless error. Medical errors cost the Nation approximately $37.6 billion per year, and this legislation would only add to that cost.
“Should a law be passed allowing ER doctors to commit negligent acts on patients in Tennessee? That’s exactly what this bill does.” said Williams. “With 98,000 people dying each year from medical errors, clearly the answer is NO. The focus should be on improving the quality of care – not on lobbyists seeking to pass a license to harm patients.”
"The most stunning statistic, however, is that the total number of deaths caused by conventional medicine is an astounding 783,936 per year. It is now evident that the American medical system is the leading cause of death and injury in the US. Using Leape's 1997 medical and drug error rate would add another 216,000 deaths, for a total of 999,936 deaths annually. Our estimated 10-year total of 7.8 million iatrogenic* deaths is more than all the casualties from all the wars fought by the US throughout its entire history. Our considerably higher figure is equivalent to six jumbo jets are falling out of the sky each day."
—Gary Null, PhD; Carolyn Dean MD, ND; Martin Feldman, MD; Debora Rasio, MD; Dorothy Smith, PhD, Death by Medicine, March 2004 (plus 10-Million annual aborticides in USA)
"President Obama's newly confirmed regulatory czar defended the possibility of removing organs from terminally ill patients without their permission. Cass Sunstein also has strongly pushed for the removal of organs from deceased individuals who did not explicitly consent to becoming organ donors. In his 2008 book, 'Nudge: Improving Decisions about Health, Wealth and Happiness,' Sunstein and co-author Richard Thaler discussed multiple legal scenarios regarding organ donation. One possibility presented in the book, termed by Sunstein as "routine removal," posits that 'the state owns the rights to body parts of people who are dead or in certain hopeless conditions, and it can remove their organs without asking anyone's permission.'"
-Aaron Klein, World Net Daily, Sunstein: Take organs from 'helpless patients', October 12, 2009
Ethicists Debate Ambulance for Organs - Some Worry New York City Plan Could Give Living Patients the Short Shrift - Ethicists and emergency medicine experts are raising concerns over New York City's plan to dispatch the first ambulance service in the country equipped to preserve the organs of the newly deceased. They question whether the organ-preserving ambulances will create tension among EMTs who may be charged both to save lives and to preserve organs for reuse. The aim of the Rapid Organ Recovery Ambulance service, city officials say, is to buy precious time for families to decide whether they want their loved ones' organs to be donated to needy patients. New York City plans to start the service rolling within a month. And the plan, which has already received federal funding, is being eyed as a possibility by other emergency medical departments. The services provided by such ambulances -- namely, efforts to save the organs of the newly dead without direct consent -- have some concerns among some experts. "Will raising organ donation follow pronouncement of death, or will people come to know that the organ donation ambulance has been sent, making them wonder if their relative got a full press of rescue care?" said Arthur Caplan, director of the Center for Bioethics at the University of Pennsylvania in Philadelphia. "This is called violating the dead donor rule -- no organ donation [discussion] raised prior to pronouncement of death." Far more troubling is the idea that emergency medical personnel staffing the ambulances could be faced with a dilemma of either doing everything possible to save a patient, or acting with the chief interest of saving organs. [Dragonater Note: Fresh organs can only be harvested from LIVING people who are murdered during the cannibalism.]
See also:
Car Accidents With Pedestrians - Here's what to do, and how to determine fault, if you hit a pedestrian.
How to Win Your Personal Injury Claim - Dealing with insurance companies and lawyers when filing a personal injury claim can feel like another accident is in the offing. But you can handle a claim yourself without a lawyer -- and save hundreds or thousands of dollars in the process. [Dragonater Note: Contingency fee lawyers routinely demand 50% up to 100% of any financial recovery]
Family of pedestrian killed by drunk driver receives $11M wrongful death award - The family of a young man who was struck and killed by a drunk driver has been awarded $11M from a Tennessee jury. The award included $5M in punitive damages. (Citation: Hudson v. Wilcox, No. 26601 (Tenn., Washington Co. Cir. Nov. 18, 2011).)
Rights and Duties of Pedestrians and Drivers on Tennessee Roads - If the family of Mario Reyes brought a wrongful death action in Tennessee, Mr. Stallworth would almost certainly bring up the fact that Mr. Reyes failed to stay in the crosswalk and proceeded into the road with knowledge of an oncoming vehicle. Thus, under Tennessee’s comparative fault defense, any judgment award resulting from a personal injury claim could be reduced by that percentage of fault attributed to Mr. Reyes. However, while pedestrians have a duty to stay within the crosswalk and yield to oncoming vehicles, operators of vehicles have a greater duty to exercise due care and keep a look out for pedestrians. Thus, if this case were prosecuted with an experienced Tennessee personal injury attorney, Mr. Stallworth would likely be on the hook for the death of Mr. Reyes even though Mr. Reyes apparently broke a rule regarding staying within the crosswalk when one is provided.
Driver Collides with Sixty-Four Year-Old Pedestrian in Fatal Accident
- Tennessee imposes many duties on drivers within the state in order to make sure that they are driving in a reasonably safe manner. One such duty is the duty to keep a proper lookout. This duty extends not only to keeping a proper lookout for vehicles and other obstacles in the roadway, but also extends to keeping a lookout for pedestrians as well. Unfortunately many drivers fail to drive in a safe manner in areas where they know or should expect pedestrians to be present. Such places include school zones, college campuses, heavily populated areas, and crosswalks. Failure to keep a proper lookout in these areas can lead to serious injury or even death and is also likely to lead to a personal injury lawsuit in East Tennessee should the driver’s negligent behavior result in injury to the victim. The unfortunate truth is that sometimes there is simply nothing a driver can do to avoid accidents, even if he or she is keeping a proper lookout.
CURTIS ROBIN RUSSELL, ET AL. v. ANDERSON COUNTY, ET AL. - The Russells averred that the City, as a result of its ownership and control of the intersection at issue, was negligent in failing to provide pedestrian signal head devices as mandated by the guidelines and standards provided in the Manual on Uniform Traffic Control Devices (“MUTCD”). Specifically, Section 4E.03(C) of the 4 MUTCD requires the use of pedestrian signal heads in conjunction with vehicular traffic control signals “[a]t an
established school crossing at any signalized location.” The Russells also claimed that the City was strictly liable for the intersection’s “defective, unsafe, and dangerous” nature, of which the City had actual or constructive notice. This matter proceeded to trial on November 1 and 2, 2007. The trial court, sitting without a jury, concluded that the City was negligent in its failure to provide pedestrian head signals at the subject intersection as required by Section 4E.03 of the MUTCD. 4The standards set forth in the MUTCD are published by the Federal Highway Administration under 23 CFR part 655, subpart F. The trial court found that the MUTCD has been adopted by this state and the City through enabling legislation in Tenn. Code Ann. § 54-5-108(b) requiring governmental agencies in the state to conform to the provisions of the manual. Tennessee Department of Transportion Rule 1680-3-1-.02 provides that “[t]he United States Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices, Millennium Edition (2001), is hereby adopted in its entirety and incorporated herein by reference.” The trial court apportioned fault to both the City and Mrs. Russell at 50% each and ordered that the Russells were barred from recovering in this matter. On December 11, 2007, the Russells filed a motion to alter or amend judgment pursuant to Tenn. R. Civ. P. 59.04. After hearing oral arguments by both parties, the trial court issued its order on April 17, 2008, altering its original judgment “to reflect that Mrs. Russell’s negligence will not bar recovery but that the damages awarded . . . shall be reduced in proportion to the percentage of negligence previously assigned to Mrs. Russell.” COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, February 11, 2011
Tennessee's Comparative Fault System - In 1992, the Tennessee Supreme Court announced the adoption of a system of modified comparative fault in its opinion in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Under the doctrine of modified comparative fault, a jury determines the percentage of fault to be attributed for the accident to both the plaintiff and defendant. If the plaintiff’s fault reaches 50%, he or she receives no recovery. Otherwise, the jury determines the total amount of the plaintiff’s damages and then reduces the award by the percentage of the plaintiff’s fault. Co-defendants are generally no longer responsible for the entire compensatory damage award to the plaintiff, under a concept known as joint and several liability. Under the modified comparative fault system, each defendant pays only that percentage of the damages equivalent to the percentage of fault assigned to the defendant by the jury. Prior to the adoption of the modified comparative fault system, a plaintiff’s lawsuit could be dismissed if he or she was guilty of some contributory fault. That defense is no longer available.
New Tennessee Supreme Court Opinion on Comparative Fault - The Tennessee Supreme Court has ruled that a plaintiff who lost a medical malpractice case in federal court was not estopped from pursing a case against a State-employed doctor even though the federal court jury assigned no fault to the doctor, a non-party in the federal court action. The case is Mullins v. State of Tennessee, No. E2007-011130SC-R11-CV (Tenn. Sept. 30, 2009). Read the full opinion here. The opinion will be discussed in more detail in the November edition of the Tennessee Trial Law Report.
Roane County Tea Party supports foreign private "Federal" Reserve chairman Herman "Godfather" Cain, who counterfeits all so-called "US dollar bills" and steals 100% of federal income taxes for his foreign masters. Congressman Ron Paul founded the Tea Party during his previous candidacy for president, and his platform included putting the "Federal" Reserve Bank and IRS out of business.
Roane Views: Utopia Of Temperence
