Phoenix Personal Injury Law Blog

A birth injury -- especially a fatal or life-altering event owing to an act of medical malpractice -- is an unquestionably tragic thing for a family, with money damages for a negligent act or omission clearly not being able to address the human and emotional loss suffered by the survivors.

A monetary recovery is what the law can provide for, though, with jury and court awards carefully considered and tailored to bring both justice and equity to a case involving clear medical error that results in an injury that should not have happened. Money damages can never undo the harm that occurred, but in many instances they provide a family with critically important resources needed for future medical care and lost earnings, serve to acknowledge pain and suffering and emotional distress, and render accountability for malpractice that caused the injury.

Car accidents are as old as cars themselves, and, while improved safety features have lowered fatality rates, these accidents still lead to serious injuries and death.

New technology may have finally gone far toward finding a cure, though, for many a car crash in Phoenix and elsewhere in the United States, particularly collisions with other vehicles. This technology allows cars to communicate with one another, informing the vehicles of when nearby cars brake, change lanes or perform other actions -- oftentimes before the drivers themselves recognize the change.

In the United States, many sports leagues have built an empire based largely on team rivalries --for example, Bears-Packers, Yankees-Red Sox, Lakers-Celtics, and Blackhawks-Red Wings. The tension on the field often spills over into the stands, sparking unruly and destructive behavior. Even the most mild-mannered individuals are transformed into modern-day gladiators when filled with alcohol at an arena -- engaging in acts of intimidation and physical assault against supporters of rival teams.

It is no secret that fighting plays a major role in professional ice hockey. Fighting has become an established tradition of the sport in North America, with a long history involving many levels of amateur and professional play. Even though players are penalized for fighting, these fisticuffs have become an essential part of establishing dominance over an opponent. Melees are cheered with rabid enthusiasm. As a result, hockey games serve as a petri dish for the violent impulses of intoxicated fans.

Identification with a team gives fans a kind of social support network that, along with alcohol, helps relieve stress and anxiety, but it also lowers inhibitions. In large crowds, there is an inherent need to fit in. In a sports arena, fans fit in by standing along side fellow fans to cheer on their team -- united in battle against the rival team. There is an adrenaline rush from this show of support. However, conflict on the ice is mistakenly translated into conflict off the ice -- it is us versus them. Cheering and heckling from the crowd reinforces this feeling of conflict. Under certain conditions (e.g., lower inhibitions with increased adrenaline and male bravado), the fan no longer can contain his violent impulses.

A recent example of fan-on-fan violence occurred on Valentine's Day, 2009. A couple of Canadian hockey fans were in Phoenix to attend the match up between the Phoenix Coyotes and the Calgary Flames. Jason Clemett, senior vice president of Trinidad Drilling, and former Canadian football player, and Daniel Blanchard, vice president of operations at Phoenix Energy Services Corp. dba Phoenix Technology Services, a Calgary-based drilling company, began the evening with their significant others by going out for dinner and drinks. The drinking continued once they arrived at the Jobing.com Arena for the hockey game.

The four Canadians were sitting in the first row next to the Calgary penalty box. The loud cheers of a Coyotes fan had caught their attention. Looking back over his shoulder, Jason Clemett directed a throat-slashing gesture and words at a Coyotes fan. Jason Clemett and Daniel Blanchard then stood up. Jason Clemett began to yell at the Coyotes fan. While this was happening, Daniel Blanchard stepped off to the side, climbed over several rows of seats, and sucker punched the Coyotes fan while the fan was looking in Jason Clemett's direction.

The Coyotes fan was knocked off his feet and into the arms of arena security. Jason Clemett then climbed over several rows of seats as arena security pled with him to back down. With the Coyotes fan being embraced by arena security, Jason Clemett delivered two powerful punches to the Coyotes fan's head. Jason Clemett then climbed back down to his seat and continued to verbally jar with and challenge other fans.

The two intoxicated Canadian oil executives were overwhelmed by adrenaline and male bravado. Rather then rationally dealing with the situation, they were unable to contain their violent impulses and attacked a defenseless Coyotes fan. The attack was caught on video.

The effects of fan-on-fan violence are real. This vicious attack left the Coyotes fan with permanent injuries: skull fractures with a permanent deformity, memory difficulties, constantly ringing in his ears with difficulty hearing, frequent headaches and bouts of dizziness, and pain when he opens his mouth or moves his jaw. All of these injuries could have been avoided had Jason Clemett and Daniel Blanchard acted like reasonable people. Reasonable people do not violently attack other people. However, this event demonstrates that the perception of belonging to a team involved in a conflict, along with alcohol and lower inhibitions, triggers an unfortunate response against rival fans.

* This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice on a potential personal injury case, please feel free to contact us at 602.271.9344 so that we can assess the specifics of your situation.

A new set of standards may be on their way to the trucking industry in a continued effort to curb truck accidents resulting from fatigued long-haul drivers. The Federal Motor Carrier Safety Administration has proposed stricter standards for sleep apnea evaluation in truck drivers following recommendations from two separate advisory panels.

According to the panels, the FMCSA needs to instruct medical examiners to perform sleep apnea evaluations on every driver whose body mass index is 35 or more. Additional and less significant recommendations were made concerning sleep apnea treatment and screening.

Included in those recommendations is a set of conditions that would immediately disqualify a driver from operating a commercial truck. Among these conditions include falling asleep while driving and becoming involved in a fatigue-related car accident. However, in the event of these conditions, an examiner could decide to authorize a 60-day conditional card while the driver is going through evaluation and treatment.