Cannon Law Office

My heart breaks for the family of Katie Stanley of West Sparta, Livingston County. Katie was killed by a drunk driver in a two-car accident on August 14th in Genesee County. Ronald Wendt of Alexander has been charged with second degree vehicular manslaughter and driving while intoxicated. It is alleged that he caused the accident by making a left turn in front of the vehicle in which Ms. Stanley was a passenger, causing the accident.

I have no idea what the evidence is against Mr. Wendt presently, but based on experience, I would bet that a sample of his blood was drawn by police investigators, and that the forensic test done on that blood will be the chief piece of evidence in the case. If it turns out that Mr. Wendt was intoxicated, he must be sent to state prison. I don't care if he doesn't have a prior record, or if he is universally regarded as a nice young man. In order to discourage other young people from drinking and driving, he must be punished harshly.

Unfortunately, we hear every summer of some local young person(s) needlessly killed by an equally young intoxicated driver. As the father of three young boys, two of whom are teenagers, I want to be able to talk with them about poor Katie and about the time Mr. Wendt will spend in prison if convicted of vehicular manslaughter. I want to scare the daylights out of them in the hope that they will not drink and drive or ride in a car with someone who has been drinking. Am I selfish? I don't think so, and I doubt Katie's family would think so, either.

No amount of money will bring Katie back to life or assuage her family's grief. While I am certain that her family will justifiably will make a wrongful death claim against Mr. Wendt and his insurer, the amount of money they will receive will be a slap in the face to her heartbroken parents. I say this from the experience of a lawyer having represented many grieving families in injury cases similar to this one, and I have no doubt that Katie's family will not receive justice in the civil court system. Let's hope that the criminal court dealing with this case will give the family the justice they deserve, while sending a strong message to young people that might save another family the anguish of burying their own Katie.

Labels: accident car death Genesee injury lawyer Livingston

8/4/2009
Scott Cannon
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Livingston County Man Dies After Being Struck by Car at Demolition Derby

     David Connors, age 64, of Hemlock, Livingston County, died after being hit by a van which was participating in a demolition derby in Batavia on July 25th.    Mr. Connors was part of a safety crew known as the "Derby Dogs" at the time of the accident, standing outside the perimeter of the derby. Connors had apparently been involved with demolition derby and the Derby Dogs for many years.
     His experience with demolition derby is important as several people have criticized his participation, suggesting that his getting injured was a highly likely event. Others have suggested that perhaps his estate will sue the event organizers for his injuries and death.  The problem with the foregoing is that if Mr. Connors did indeed put himself in an unreasonably dangerous position at the event, it would likely bar him from a successful claim against anyone, as he arguably would have assumed the risk of injury and eath by his voluntary participation in the event and proximity to the danger. This is a factual question, however, and we don't have the facts to make this call or criticize the man.
     As for the money aspect of any suit against the responsible partyies (if there are any), in New York, those persons legally responsible for causing his death would be obligated to pay his estate what boils down to the present value of the wages he would have lost by virtue of his death. This means, if he was working and not retired, all his estate would be able to recover for his wrongful death would be the total of all he would have earned over the remainder of his expected working life, which, probably wouldn't be much due to his age (64 year old men have a very short work life before they retire.)
     It is unfortunate that the loss of a loved one is often reduced to a mathematical calculation, but lawyers don't necessarily make the laws, but we do have to follow them.

Labels: accident assumed death lawyer Livingston risk wrongful

General

11/15/2009
Scott Cannon
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Woman Attacked by Chimp Has Reasonable Argument for Large Award Against State of Connecticut

Why State of Connecticut May HaveDropped the Ball

Labels: accident chimp Connecticut injury lawyer Livingston Rochester

9/24/2009
Scott Cannon
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Justice Served Again In Case Involving Death of Geneseo Student

     There was another guilty plea in Livingston County Court this week in the drinking death of SUNY Geneseo student Armen Partamian. Daniel Welch of Erie County plead guilty to Unlawful Dealing With A Child, a misdemeanor, for which he will pay a fine and perform three weekends of community service in the County jail program.
     The original charges against Welch and two other Geneseo students, Criminally Negligent Homicide and Hazing, would have been extremely difficult for the District Attorney to prove. While some argue that Welch and the others should not have been charged at all because of this accident, as Partamian voluntarily chose to becomehighly intoxicated, I disagree. Providing alcohol to your friends when you know they are A.) already highly intoxicated, and B.) intent on drinking until they pass out, is reckless and dangerous and no different than providing them a loaded gun with which to play Russian roullette.
     Was justice served? Yes, assuming the message is getting through that the type of irresponsible behavoir that Partamian, Welch and the others engaged in will not be tolerated.
     The next step? Civil actions against the college and the greek organizations on campus for the wrongful death of Partamian, with a claim by the injury lawyer invovled for punitive damages for knowlingly tolerating this type of behavoir in the past.   Maybe then serious action will be undertaken to stop this recklessness.

Labels: accident death Geneseo injury lawyer Livingston wrongful