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November 2013 Archives

Survey indicates more older drivers are distracted by smartphones

Distracted driving. When those two words cross most people's minds, an image of a young person behind the wheel, looking down and texting a friend comes to mind. For most of us, distracted driving is often associated with younger drivers and, for good reason. However, a recent survey highlighted in the Pittsburgh Post-Gazette last week indicates that distracted driving for drivers over 30 is a growing safety concern.

WV Supreme Court Abolishes the Open and Obvious Doctrine

For years in West Virginia, Plaintiffs were precluded from bringing premises liability actions if the danger that caused the injury was deemed "open and obvious." Under the open and obvious common law doctrine, if a plaintiff is injured by a hazard on another's land that was "open and obvious" such that it was or could have been known to the reasonable plaintiff, then the Plaintiff was barred from recovering any damages from the premises owner or possessor. Under this doctrine, the premises owner owed no duty of care to eliminate the open and obvious hazards. Instead, the owner only had a duty to correct hidden dangers.

Fairmont Man Killed in Trucking wreck on Interstate 79

News outlets are reporting that a Fairmont man has died as a result of injuries he sustained from a car wreck. On Wednesday, Ryan Gross, a 2012 graduate of Fairmont Senior High School, was traveling on Interstate 79 when a semi-truck merged into his lane causing his car to hit the back of the tractor trailer and over turn. Gross was taken to Ruby Memorial Hospital where he later died from injury complications. The driver of the tractor trailer was not injured in the wreck.

Alimony payments among biggest disagreement in divorcing couples

A recent survey of the nation's top divorce attorneys concludes that there is an increase in the number of divorce cases among couples over 50 years of age. Overall, 61% of divorce attorneys surveyed say they have seen an increase in divorces from couples in the baby boom generation. Additionally, alimony was cited as the most common issue couples in this generation fight about.

Proposed OSHA Rule Would Require Public Mandatory Reporting of Injuries

The Wall Street Journal recently reported on a new proposed rule from the Labor Department that, for the first time, would require large companies to make their worker illness and injury records public.

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