Abandoned Mines Do Not Leave Abandoned Fears

It should come as no surprise that the earth upon which we walk contains valuable resources of all varieties.  We have the common mining pursuits of coal and oil.  But there are also the less obvious mining pursuits of uranium, lithium and other rare metals.  The value that sits under our feet is so immense, expensive and risky to reach that only a handful of big business miners have the resources of man and machine to haul it out of the ground.

It is clear that these natural resources serve very little purpose to society if they are locked up under the bedrock.  They need to be put to better use.  They can fuel our cars and our trucks.  They can be incorporated into weapons used to defend our interests abroad.  And they can be used domestically by factories of all shapes and sizes to generate power so that millions of other products can be manufactured for our consumption.

But when the spoils of a mine become exhausted, the repeated story of the big mining giants is to pack up shop and leave their mess behind.  A recently filed class-action lawsuit in the U.S. District Court in Reno highlights this issue.  Filed on behalf of 100 residents of Yerington, Nevada, it seeks a minimum of $5 million for damages to the town’s water supply caused by an old, abandoned copper mine.  Once run by British Petroleum and Atlantic Richfield Co., this mine now sits unmanned, allegedly leaking uranium, arsenic and other metals into an area of groundwater covering 6-square miles.  This suit also alleges that whistleblowers had been trying for 10 years to publicize these dangers.  But even that didn’t spring these two corporate giants into action.  

It is outrageous that these corporations are able to walk away from the degradation and environmental damage they have inflicted upon our water supply.  Just because they have the resources to seize and capitalize on lucrative mining opportunities, does not mean that they can leave without cleaning up their mess.  The law treats corporations as people for certain purposes.  But it also seems to treat them apart from people when it comes to the simple proposition that a person should clean up his own mess.  This is a basic tenant that every person learns somewhere between kindergarten and first grade.  Perhaps British Petroleum and Atlantic Richfield need a refresher course.

This legal action, hopefully, will push them to clean up their mess.  One would also hope that this lawsuit can bring a much bigger pay day to the unfortunate residents of Yerington who don’t know when, or even if, there groundwater will ever be safe for consumption again.

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Simon W. Johnson
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From Toxic Nevada mine lawsuit seeks $5M from BP, ARCO, The Washington Post (February 15, 2011)

Patient's widow sues Mayo Clinic over hepatitis C | jacksonville.com

Patient's widow sues Mayo Clinic over hepatitis C jacksonville.com

If you or a loved one has gone to a hospital for help and left the hospital in a worse condition, you may need a Cleveland medical malpratice attorney. Hospitals are required to maintain the highest standards for quality of care and cleanliness. When these standards aren't meet, malpractice victims get hurt and some even die. In all industries, we see mistakes but when mistakes cause unnecessary injury to you or a loved one, shouldn't someone pay for your injuries? If you have been injured in a hospital, you may need a medical malpractice in Cleveland.

Simon W. Johnson
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Cleveland Nursing Home Negligence Lawyer

We all face tough choices in our lives with regard to our parents.  As our parents enter their golden years and need more assistance, we need to decide how much of that assistance we - as their children - can provide and how much assistance professional nursing homes can provide.  When we make the choice to send our loved ones to a nursing home, we expect that they will be taken care of and provided the utmost attention and support.  And when a loved one is injured in a nursing home it is our right to ask why.  If a loved one is injured by nursing home negligence, call a Cleveland nursing home negligence lawyer to investigate what happened.  What the nursing home tried to explain as an "unavoidable accident" may have been caused by the nursing home's own negligence.  Call a Cleveland nursing home negligence attorney to hold that nursing home accountable.

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Simon W. Johnson
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Medical Student Suffers Dog Bite Injury

Medical Student Suffers Dog Bite Injury in Florida

The above article provides just one more example of how dangerous dogs and animals can cause serious and permanent physical injury and serious and permanent pain and suffering.

When you or a loved one has been attacked by a dog, the damage caused can last forever. At times like these it is important to protect your rights to safety and well-being by contacting a Cleveland Ohio dog bite attorney.

The emotional damage from a dog bite can last forever in recurring nightmares. Victims of dog bites may never be able to enjoy the company of any dog again and the mere sight of a dog that looks like the attacker can make the victim paralyzed with fear. Whether the dog is a pit bull, doberman pinscher, husky, german shepherd, rottweiler, or an akita, protect your rights by calling a Cleveland Ohio dog bite lawyer.

If you or a loved one are the victim of a dog bite, contact a Cleveland Ohio dog bite lawyer. Your rights are more important than the rights of the person who owns or harbors the dog!

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Simon W. Johnson
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swj@swjlawoffice.com
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Drug Shortage At Hospitals Increases Medical Malpractice Risk

With what may be the worst shortage of critical drugs in years, hospital operating rooms may now be exposing their patients to an increase in unnecessary, dangerous risks. If you or a loved one was injured because the proper drugs were not available at the right time, call a Cleveland hospital negligence lawyer or a Cleveland medical malpractice lawyer.


One of the most necessary operating room drugs that needs to be readily available in hospitals and ambulances is a special-mixed dosage of epinephrine. This drug is used for cardiac arrests and allows health care providers to intervene as rapidly as is necessary to save the patient. This drug is supposed to be on the "crash cart" used in these emergency cardiac arrest situations.

A recent national survey of over 1,800 health care providers conducted by the Institute for Safe Medication Practices found that these shortages have led to patients waking up during surgery and other patients dying. More than 33% said that these shortages have led to errors and potential patient harm. This survey also determined that more than 1,000 medical errors have occurred because approximately 50 drugs were unavailable.

It isn't clear whether health care providers should be responsible for supply issues relating to these drugs. But what is clear is that patients are now exposed to more unnecessary and dangerous risks. And someone or some business must be held accountable. If you or a loved one was injured because the proper drugs were not available at the right time, call a Cleveland hospital negligence lawyer or a Cleveland medical malpractice lawyer.

NEWSOK "Shortage of drugs reaches alarming levels" 10/01/2010
Drug Shortage May Put Hospitals at Risk for Medical Malpractice
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Simon W. Johnson
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Having A Cleveland Cancer Misdiagnosis Lawyer Or A Cleveland Failure To Diagnose Cancer Lawyer In Your Corner

If diagnosed timely, most cancers are treatable.  Failure to timely diagnose cancer or a cancer misdiagnosis can create unnecessary medical costs and unnecessary pain and suffering for the cancer patient and his or her family and friends.  When a physician or doctor fails to timely diagnosis and treat cancer, your chances of survival are significantly reduced.  If you or someone you love was diagnosed with cancer, but the diagnosis was either not timely or was a misdiagnosis, it is important that you speak with a Cleveland cancer misdiagnosis lawyer or a Cleveland failure to diagnose cancer lawyer. 

My legal team will handle cases dealing with:

• Failure to diagnose cancer
• Failure to timely diagnose cancer
• Delay in cancer diagnosis
• Cancer misdiagnosis 
• Prostrate cancer
• Cervical cancer
• Colon cancer
• Lung cancer
• Breast cancer
• Brain tumor
• Brain cancer
• Melanoma
• Other cancers

If you or a loved one has suffered from any of these cancers and you think it was cancer misdiagnosis or failure to timely diagnose cancer, call a Cleveland cancer misdiagnosis lawyer or a Cleveland failure to diagnose cancer lawyer and I will help you build your case.  These cases require a lot of attention and many medical records and diagnostic tests must be carefully reviewed in order to build your case.  The sooner you call a Cleveland cancer misdiagnosis lawyer or a Cleveland failure to diagnose cancer lawyer, the better because we will have the most opportunities and time to properly build your case to obtain the best result.

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Simon W. Johnson
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Linking Medical Errors To Nurses’ 12-Hour Shifts

Linking Medical Errors, Nurses’ 12-Hour Shifts

How can we expect medical providers to practice at the high levels of concentration and focus that we need of them when they are working 12 hour shifts or longer? Needless to say, the system in place is troubling. Many medical errors are committed purely due to physical and mental exhaustion. And none of us are the better for it. Patients get hurt. Doctors get sued. This is the system we have. But can't we do better?

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Simon W. Johnson
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Chiropractor in fondling case is left on the honor system not to violate his probation

Doctors in sex cases left on honor system - chicagotribune.com

The Illinois Department of Financial and Professional Regulation is having major problems watching over the nearly 180 physicians and chiropractors on probation. The Department's probation unit has 3 officials to monitor more than 7,500 state-licensed individuals. Does it seem like this regulatory system is working? Why doesn't the State of Illinois hire more people to monitor these individuals? Don't qualified people exist that are still out of work?

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Simon W. Johnson
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Grimmer v. City of Rocky River, 2010-Ohio-4683

On September 30, 2010, the Cuyahoga County Court of Appeals ruled on behalf of the injured party.

This case started when the city had received a complaint that a fire hydrant was leaking.  After doing repairs and cutting into the road, an orange barrel was placed at the construction site and a flashing sign was allegedly placed at some distance west of the barrel.

The plaintiff attempted to changes lanes but could not due to a driver on the plaintiff's left side.  The plaintiff then attempted to slow down in order to make the lane change but slid out on an unnatural accumulation of ice that had been caused by the leaky fire hydrant.  The plaintiff crashed into a utility pole.

While the trial court granted summary judgment for the defendant city, the appellate court concluded that plaintiff had presented enough evidence to show that the road was free from ice and snow except in the area around the leaking hydrant.  The appellate court that the precautions the city took could still result in governmental immunity but that a question still existed if enough had been done to prevent a nuisance on the roadway from the leaking hydrant.  The plaintiff had also presented evidence that disputed the presence and location of any flashing warning sign.

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Simon W. Johnson

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Dual Residency: Keeping Insurance Coverage In Play

Getting insurance coverage in play is crucial in personal injury cases.  While insurance contracts are never easy to read, it is very important that you spend as much time as you need to understand all the complexities within the insurance contracts at issue.  If you look closely enough, you may uncover strategies to keep coverage in play and your case going forward.

Some insurance policies extend coverage to “residents” of the insured household in addition to the named insureds.  Even if the tortfeasor doesn’t live full-time in the insured house, he or she may still be considered a “resident” of the household for coverage purposes.  This is possible based on the law of “dual residency.”

In Wood v. McQueen, 1995 Ohio App. LEXIS 4071, *17 (Ohio Ct. App., Cuyahoga County, Sept. 21, 1995), the court stated that “courts in this state have examined several factors when there is a question concerning a person's status as a 'resident' in the insured's household, including the amount of time the person spends at the household, the person's age, the person's intent, and whether the insured is ‘legally obligated' to the person’.”

In Malone v. Nationwide Mut. Ins. Co., 1986 Ohio App. LEXIS 5436 (Ohio Ct. App., Erie County, Jan. 31, 1986), the tortfeasor was the insured’s son who was enlisted in the military and came home regularly on furloughs.  In determining whether the son had dual residency at his parents’ home as well as his military base home, the court looked at several factors.  One, the son regularly returned to the home on furloughs.  Two, the son’s Army personnel files listed his parents address as his permanent address.  Three, the son's personal possessions were kept at his parent's home and, fourth, the son maintained his savings account with the bank in his hometown.

For more on “dual residency,” read the following cases:

Ziegler v. Workman, 1994 Ohio App. LEXIS 1668 (Ohio Ct. App., Muskingum County, Mar. 30, 1994)

Prudential Property and Casualty Ins. Co. v. Koby (1997), 124 Ohio App.3d 174, 181 (Ohio Ct. App. Trumbull County).

Snedegar v. Midwestern Indemnity Co. (1988), 44 Ohio App.3d 64.

Wood v. McQueen, 1995 Ohio App. LEXIS 4071 (Ohio Ct. App., Cuyahoga County, Sept. 21, 1995)

Malone v. Nationwide Mut. Ins. Co., 1986 Ohio App. LEXIS 5436 (Ohio Ct. App., Erie County, Jan. 31, 1986).

Hager v. Hager (1992), 79 Ohio App.3d 239.

Spires v. Spires (1966), 7 Ohio Misc. 197.

Farmers Ins. of Columbus, Inc. v. Taylor (1987), 39 Ohio App.3d 68.

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Simon W. Johnson

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