General News

Impaired driving has become all too common on Halloween – the October 2021 edition of the MADD Minnesota, North Dakota and South Dakota Regional Newsletter notes some alarming statistics about this issue.

For example, 41 percent of people killed in car crashes on Halloween night between 2015 and 2019 were in crashes involving at least one drunk driver. A total of 126 people were killed in drunk driving crashes between 6 p.m. on Halloween night and 5:59 a.m. the next day.

A total of 21 vehicle occupants and four pedestrians died in drunk driving crashes on Halloween night in 2019. Of those killed in drunk driving crashes that year, 62 percent were between the ages of 21 and 34.

These statistics are from the National Highway Traffic Safety Administration 2021 Buzzed Driving is Drunk Driving Halloween Campaign.

It is important to make a plan, as it could help prevent impaired driving. For example, if you are going to a party, use a ridesharing service or a cab to get from your house to the party and back. You could also make arrangements to sleep there or have a designated driver take you home.

As the NHTSA campaign points out, buzzed driving is drunk driving. If you feel slightly impaired, do not get behind the wheel. Typically, it takes one hour for your body to absorb one alcoholic drink. That means you should wait one to two hours after having just one drink before you even consider driving.

If you are going to be out walking around, such as if you are trick or treating with your children, you should keep an eye out for impaired drivers. Whenever possible, stay on the sidewalk and cross the street in a designated crosswalk. You should also make sure you and your children are visible. Brightly colored clothes could help make you more visible to drivers.

Call TSR Injury Law for Help After a Crash

If you or a loved one were injured or killed in a drunk driving crash, our firm may be able to help hold the negligent driver accountable. An initial consultation with a Minneapolis auto accident lawyer is free and comes with no obligation to take legal action.

Our firm has a proven track record of securing compensation for car crash victims.

Call today to learn more: (612) TSR-TIME.

The fatal drowning of six-year-old Isaac Childress III raises an important point about Public Water Access areas. Even if there is a sign saying Public Water Access, it may not be safe to swim.

Childress drowned after he was swept away by the Mississippi River current near Boom Island Park, in an area where the public has access to the river.

Isaac was on a bike ride with some children from his neighborhood and a married couple who also head a local nonprofit organization. They stopped at Boom Island Park and the children were allowed to wade in the Mississippi River. Isaac did not know how to swim. The drop off is quick in this area of the Mississippi River and the current is swift. Just a few feet from shore it is several feet deep.

Signs that only say “Public Water Access” do not specify if the current is too strong, making swimming incredibly dangerous, for children and adults. Even wading in the river can be too dangerous, and parents and adults supervising children should keep this in mind when deciding whether to allow children to swim.

TSR Injury Law Partner Rich Ruohonen represented the family of six-year-old Isaac Childress III in a wrongful death case against the woman responsible for supervising the children.

Isaac’s mother Dominique Alexander wishes the city had posted signs warning of the dangers of swimming in that area. Ruohonen said there was a sign in the area that said “Public Water Access” which can sometimes be interpreted by people as a safe place to swim.

Apparently, the City of Minneapolis and other governmental authorities usually only post signs in designated swimming areas saying it is safe to swim and do not post signs in these areas that are easily accessed by the public that are dangerous. Ruohonen believes governmental authorities need to add signs telling people when it is unsafe to swim such, “No Swimming” or “Danger Strong Current: No Swimming.”

“People just don’t understand the dangers of the river and it is incumbent upon governmental authorities to post warning signs to make a sure tragedy like this never happens again,” Ruohonen said. “There are several cases just like Isaac’s each year and they are easily preventable. We have to do more.”

On May 1, the U.S. Justice Department announced Blue Bell Creameries pled guilty and agreed to pay $19.35 million for shipping contaminated products that were linked to an outbreak of listeriosis in 2015. The guilty plea covers two misdemeanor counts of distributing ice cream products that had been tampered with.

Blue Bell has also agreed to pay $2.1 million for resolving civil claims related to making ice cream in unsanitary conditions and selling it to federal facilities, which violated the False Claims Act.

The former president of Blue Bell, Paul Kruse, is also facing charges of taking part in a scheme to conceal the outbreak from customers.

According to the Department of Justice, Blue Bell distributed ice cream made in unsanitary conditions and was contaminated with Listeria monocytogenes, which can be life-threatening.

What Blue Bell Did After Learning of the Outbreak of Listeria

In early 2015, Blue Bell was notified by state officials about two products from a factory in Texas that tested positive for Listeria monocytogenes.

To its credit, Blue Bell took action to remove the remaining two products from store shelves. However, the company did not recall the contaminated products or provide a warning to consumers, even after state officials in Texas discovered listeria in a third product.

Blue Bell did not issue a recall until there were 10 reported cases of listeria in four states. Three of those who were reportedly sick in Kansas ended up dying.

The company released a statement saying the plea deal concerned things that happened five years ago before facilities were closed and revamped. The company also apologized to customers, employees and the communities where they work and live.

The lawyer for former president Kruse said the former president is innocent and he and other employees did the best they possibly could with the information they had back in 2015.

Have You Been Injured by a Defective Product?

Our Bloomington defective product lawyers offer a free consultation to discuss your situation. You may be eligible to seek compensation for the damages you suffered. There is no obligation to take legal action after meeting with us.

We have obtained over a billion in compensation on behalf of our clients and we do not get paid unless our clients are paid first.

Schedule your free consultation today by calling (612) TSR-TIME.

We cannot overstate the damage the COVID-19 pandemic and resulting shutdown orders have done to the U.S. economy. Millions of people have lost their jobs and many businesses will not survive the economic slowdown.

One possible lifeline for these businesses is business interruption insurance. If you purchased a policy, you may be able to file a claim and obtain compensation to help keep your business alive.

However, insurers are being overwhelmed with these claims right now. That gives them one more reason to look for a way to deny your claim. That is why discussing the situation with one of the Minneapolis personal injury lawyers at TSR Injury Law is a good idea. The consultation is free and we do not get paid unless you do.

Do I Have a Valid Claim for Business Interruption Insurance Compensation?

This is one of many questions you can ask the experienced attorneys at our firm in a free consultation. Once we review your business interruption insurance policy, the reason your claim was denied, your losses, and other factors, we could get a better idea about whether you have a valid claim.

While each policy is different, they generally cover loss of income caused by business operations being suspended or reduced, often because of physical damage to the premises where the business operates. Policies usually list the perils that are covered.

While these policies are often limited to losses caused by physical damage, some policies allow you to pursue compensation for losses caused by an order from a civil authority, which might include the stay-at-home order issued in Minnesota in March.

Whether you have already filed a claim and it is being processed, it has already been denied or you are contemplating a claim, consider contacting TSR Injury Law to schedule a free legal consultation. Be careful talking to the insurance company, as they will try to use what you say against you.

Compensation That May Be Available?

There are a variety of monetary losses you may be able to include in a business interruption insurance claim, such as lost revenue and profits. Other losses your policy may cover include:

A common question about these policies is: how long will compensation be provided?

It depends on the policy. Sometimes compensation could be provided for several months, other times it may be provided for a much shorter time.

Why Business Interruption Insurance Claims May Be Denied

One of the most common reasons business interruption insurance claims are being denied is due to a lack of physical damage to the business. It may be possible to argue that the virus can physically damage a business because it makes the premises unsafe for customers.

Some business interruption insurance claims may be denied because there was no mandatory stay-at-home order. However, this may be an invalid reason in Minnesota because of the mandatory stay-at-home order issued in March.

Another possible reason for your claim being denied is that your policy has specific exclusions for things like pandemics and viruses. Many insurance companies added these types of exclusions after the Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. The thing is, these exclusions may not hold up if you hire an attorney to challenge them.

Make sure not to miss the deadline for filing a claim. You may need to file a claim even as you are accruing losses.

Keep track of documentation of your losses and damages caused by the shutdown. Some of the documentation that may help our attorneys validate your claim includes:

Is Your Business Struggling to Survive? Call to Discuss a Business Interruption Insurance Claim

There is no risk in contacting our firm for a free legal consultation. There is no obligation to file legal action if we find you have a valid claim, and we do not receive compensation for our services unless you receive compensation.

We have recovered millions in compensation from insurance companies in a variety of claims. We know how insurance companies operate and how to overturn a denied claim.

Our lawyers are ready to manage your claim while social distancing, thanks to eSign and other technology. We are also ready to manage every aspect of the legal process without the need for a face-to-face meeting. Helping our community stay safe is of paramount importance.

Have questions? Call (612) TSR-TIME to learn more about how we may be able to assist you.

A firework manufacturing operation resulted in one man being hospitalized with burns and it was found that the operation was illegal.

The illegal factory in Wyoming Minnesota experienced a minor flashover explosion in the garage. The result was a 30-year-old man experiencing severe burns.

After the man was taken to Regions Hospital in St. Paul, police discovered the materials that are used in firework manufacturing. After they acquired a search warrant, they found a small and very illegal manufacturing operation, producing illegal fireworks that were of the aerial 2-3 inch mortar style.

Wyoming, Minnesota police, in addition to the St. Paul Bomb Squad and the ATF, dismantled the equipment and removed it from the garage.

Police say that Timothy Gray, David Michael Walsh, and a third man who is in critical condition, were making fireworks out of a backyard shed and a home. The process of mixing some of the components used in fireworks ignited and resulted in the explosion.

Right now Gray and Walsh have been charged with storing and possessing an incendiary device. There are charges pending for the third man who suffered burns over 40 percent of his body.

It was a 911 call that led investigators to the home where they found tables in rows filled with black powder, sawdust, and casings.

Officers said they soon realized it was a homemade firework manufacturing operation.

While not something that authorities run into very often, they believe that the men were able to begin the operation with internet instruction. Upon the confiscation of the manufacturing materials, police also took possession of 12 computers.

Police say that the reason why there is a black market for fireworks is because making them the legal way requires strict regulation to be followed and permits to be acquired. They also said that making fireworks in the midst of a neighborhood is extremely dangerous. A firework is a device that has explosive material compressed in a tube.

The black market exists in Minnesota because it is illegal to have explosive fireworks within state lines, resulting in many individuals crossing the state border to buy them. However, this can lead to the unregulated manufacturing of items that have the potential to cause serious bodily and property damage. If you are a victim of a workplace incident, contact a Minneapolis personal injury attorney at TSR Injury Law today for a free consultation. You may be eligible to file a damages lawsuit.

Ph: (612) TSR-TIME.

The State of Minnesota filed a lawsuit in Hennepin County, Wednesday, against URS Corporation, the state’s I-35 bridge consultant. The suit alleges negligence and breach of contract by URS because they failed to inspect, analyze and evaluate the span’s soundness. In the suit, the state is also asking for URS to reimburse the state more than $37 million in payments made from special victim’s compensation funds and any damages the state may have to pay Progressive Contractors Inc., the construction company that was working on the bridge.

The state alleges that the URS contract specifically required the company to develop tension and compression failure criteria for the bridge’s many components — including the steel gusset plates — using data from how they were supposed to be designed.

URS Corp. is a San Francisco based firm, that had assured the state of its expertise in assessing the need for repairs and the best way to go about doing the repairs. Furthermore, in 2005, URS reported to the state that if “gusset plate buckling occurs, it will not be catastrophic.” In a communication from the corporation in 2006, they told MN-DOT that they would not calculate actual capacities of all of the connections even though that would provide the most accurate results. They said it would be too much work. They proposed to do some approximate but conservative adjustments to the member capacities per design specifications.

The National Transportation Safety Board report, from November 2008, stated that the gusset plates installed when the bridge was built in the 1960s were too thin, and the failure of the plates was a probable cause when the bridge collapsed. The board also stated that findings had pointed to both the bridge’s original flawed design and the spacing of construction materials on the bridge as causes for the collapse.

This information is provided by TSR Injury Law, a premier personal injury law firm serving Minneapolis and the state of Minnesota. Our attorneys were part of the 35W Bridge Collapse Pro Bono Consortium and are now handling six of the personal injury lawsuits from the disaster. For more information call (612) TSR-TIME or submit our free consultation form.

East Bethel has hopped on the wagon with Princeton and other small cities requiring caterers to have a permit to serve alcohol at private events. The new ordinance takes effect Friday, June 12th. They hope that it will keep a tighter rein on alcohol sales from illegitimate caterers at events.

“When there’s liquor involved, it behooves us to make sure our public safety people know,” said East Bethel City Administrator Doug Sell. “It’s also important for the city to know that the individuals serving alcohol are properly insured. Hopefully there’s not an issue but you would hope that they’re properly insured.”

“What they’re concerned about is that people will come in and put a bowl of Fritos out there and chip dip and use that as the excuse to sell food as a foot in the door to sell booze,” said East Bethel City Attorney Jerry Randall. “Cities want to make sure they are legitimate food service operators, not just a pretext to sell booze.”

Caterers are normally licensed by the state and hold liquor licenses in their home municipalities. In the past they have been able to sell liquor in another city without being subject to the same local liquor ordinances that apply to established bars and liquor stores. Now caterers will be required to pay a nominal fee and submit an application and show proof of:

• Valid, state-issued caterer’s permit
• Primary liquor license
• Current insurance policy
• Contract with a local customer

Violations could result in misdemeanor charges being filed.

If you have been injured in a drunk driving accident, contact a Minneapolis car accident lawyer at (612) TSR-TIME or submit a free consultation form. Our partners are skilled, aggressive litigators with years of experience in personal injury law. We support the mission of MADD Minnesota and received the 2008 MADD Choice Award.

Nothing is more important to a parent than the safety of their child. When deciding to enroll your child in a daycare facility, you will want to ensure that the facility itself is clean, safe, and kid-friendly, and that the facility also boasts a friendly, helpful, and well-qualified staff.

When looking for a daycare facility for your child, there are a number of factors you will want to keep in mind to ensure that your child is being left in safe and competent hands:

• Visit every facility you are considering in person. It is not enough to take someone’s recommendation on a daycare facility. While recommendations can give you a great place to start looking, you will want to visit each facility yourself for inspection.
• Notice the facility itself—does it appear clean? Is the area sufficiently child-proofed (eg. covers on electrical outlets)? Is the play area cluttered with toys, or does it look like the staff has kept the area sufficiently clean?
• Check outside—if there is an outdoor play area, you will also want to inspect this part of the facility for cleanliness and safety.
• Talk to the staff members and try to find out a little bit about them. Are they full time or part time staff? Do they have any formal child-care training? How long have they been working on the job / how much child-care experience do they have? Are they satisfied with the facility and with their work?
• Discuss what health qualifications the facility requires from its clientele. Are medical / immunization records required for all children?
• Contact other parents who use that daycare facility. Discuss with them the strengths and weaknesses of that facility and if they would recommend it or not.

Unfortunately, not all day care facilities care for the children they are being trusted to look after. If your child has been injured because of an unsafe or poorly supervised daycare facility, contact the Minneapolis, MN personal injury lawyers of TSR Injury Law today at (612) TSR-TIME to get the compensation you deserve. If you prefer, you may submit our contact form.

A man has been accused of assault and a number of other charges have been filed, as he attempted to kill his wife’s co-worker with a hammer on January 14.

Johnathan Lee Closner, 26, entered his wife’s home in Zumbrota and started attacking Daniel David Yennie, 20, with a hammer, striking them man twice in the head, according to the complaint.

Closner now faces multiple charges, including two counts of attempted premeditated murder, which are both first-degree offenses, and one count of second-degree attempted murder. He also faces a charge of first-degree burglary and first-degree assault.

Police responded to a call at around 4:45 a.m. in which tey found Yennie unconscious in a bedroom and he was having seizures. They also found a large amount of blood all over the wall and the bed.

Amanda Closner, Closner’s wife, told authorities that she was going through a separation with Jonathan Closner. She said that her estranged husband had learned that she was in a relationship with Yennie and that he had been “upset and all crazy” about the news, according to the complaint.

Police would later find a hammer in the woods near Amanda Closner’s residence.

According to the complaint, Johnathan Closner would later admit to police that he came into the residence using a key that was his and that he took a hammer from a tool box. He said he wanted to scare Yennie with the hammer, but he struck Yennie in the head when he saw the man and his estranged wife in the bedroom together.

Yennie was taken to the hospital by mayo One Helicopter. The Mayo Clinic said that Yennie was in a coma due to suffering significant injury to the left side of his head. He also has bone matter penetrating his brain and swelling on the brain.

Johnathan Closner was arrested on January 15 with formal charges being brought against him late on January 16.

If you are the victim of a serious personal injury, contact TSR Injury Law today for a free consultation.

Ph: (612) TSR-TIME.

Recent media reports have shown how prevalent workplace shootings are becoming. Perhaps an individual is fired and they become angry over it or someone is giving them a hard time at work. Perhaps the shooter was passed up for a promotion or they had an issue that was not addressed.

There are many reasons why individuals make the fateful decision to open fire in their workplace. What results, however, are injuries that last a lifetime and deaths.

One such case involves Andrew Engeldinger. Andrew’s parents tried for two years to get Andrew to get treatment for what they believed to be a mental illness. They did everything they could as he started to experience delusions and became more and more paranoid.

As it stands, Minnesota’s law does not allow for people to be forced to seek psychological treatment unless there is proof that they may harm themselves or others. Unfortunately, Andrew’s parents were shocked when they learned that Andrew, 36, went into his workplace and opened fire on all inside the building. Several were killed, which included a Minneapolis sign company owner, a UPS driver, and a number of employees. Andrew then turned the gun on himself.

Andrew was someone who didn’t believe he was ill, but his illness led him to make the decision to open fire on innocent people. While Andrew is an example of a small group of individuals with mental illness that turn to violence, it happens. A number of workplace injuries and deaths have occurred with mental illness being touted as the main reason why a person who is normally peaceful takes that route.

Doctors feel that something needs to be done about it or more incidents such as this will occur more. These incidents also contribute to the number of workplace injury and wrongful death lawsuits that are filed around the country. Typically, someone can be held responsible, whether it was due to a security breach that should not have happened, the shooter themselves, or someone who illegally sold the person a weapon.

In Andrew’s case, he was never actually diagnosed with a mental illness, but his family speculated because he thought he was being followed. He would also seclude himself in the basement of his bungalow, which is where police found thousands of rounds of ammunition and another gun in addition to the one he used in the shooting.

As of today, a mother and daughters are still in critical condition following an explosion.

On September 15, the home exploded and caught fire as the mother and her three daughters were sleeping.

Sonja Timmos, 31, and her 8-year-old daughter, Kaylee, are currently being treated at Regions Hospital in St. Paul. Timmons’s 2-year-old daughter, Mkena, is also in very serious condition at the same hospital, while Jadyn, 2 months old, is doing very well.

The injured mother and daughters are facing a number of surgeries that will be followed by months of rehabilitation.

Fortunately, a neighbor, Matt Schons, had raced into the home after the explosion, grabbing Jaydn, and taking her to safety. This kept her injuries from being much worse than what they are.

According to Dale Johnson II, the fire chief, the cause of the blast that destroyed the home is unknown. An investigation has been launched to find that cause.

Troy Haugen, the fiancé’ of Timmons was 20 miles away at work at the time the explosion happened. He did, however, issue a statement thanking everyone for their support and prayers during this difficult time for the family.

Haugen has had a very difficult time as he has stayed constantly by the sides of his fiancé, two biological daughters, and his soon-to-be stepdaughter. He said when he got up that morning, it was a normal day. He said Kaylee and Mkena were awake, so he had them go into the bedroom and watch television until their mom woke up. He went to work and the next thing he knew he heard reports over a police scanner that there was an explosion. He said he did not know what house it was, but he could not get his fiancé on the phone when he tried to call her. It was when he was heading out the door that he heard the bad news.

Timmo’s cousin had called Haugen to tell her that his house blew up. Neighbors say that the force of the explosion could be heard all along the street and that curtains and shattered glass flew across the street, lodging in trees.

So far, aside from Jaydn, Kaylee is the one who has shown some slow improvement, as she has been opening her eyes. She is still critical, however. Timmos and Mkena have not made much progress, but they have not worsened either.

If you or someone that you care for suffers a serious personal injury in a home explosion that may be the result of owner negligence, contact a personal injury attorney in Minneapolis today. At TSR Injury Law, we charge no upfront fees and your initial consultation is free.

Ph: (612) TSR-TIME.

Minnesota prisons utilize a private contractor for the medical care of prisoners and now that contractor is being sued for the wrongful death of an inmate who died from complications due to seizures in the Rush City prison.

The suit filed in federal court, alleges that a Corizon, Inc. doctor did not order an ambulance to come to the prison when prisoner Xavius Scullark-Johnson started having seizures. The suit further alleges that an ambulance crew was turned away by a nurse at the prison the next morning.

Corizon, which is based in Tennessee, is estimated to receive $28 million for its duties in caring for the 9,200 inmates in Minnesota’s prisons. The Minnesota Department of Corrections has also been named in the lawsuit that questions the quality of care that is being received by inmates.

The lawsuit states that the defendants left Scullark-Johnson in his cell by himself as he had a number of seizures. He was unable to control his body, was disoriented, and had received injuries from the seizures.

Corrections officials state that the Minnesota prison inmates receive the standard of care that the law requires them to have, which they say is equal to the care received by anyone in Minnesota.

In addition to these accusations against the doctor for Corizon, the lawsuit alleges that there were three nurses with the Corrections Department, as well as four prison guards that failed to care for Scullark-Johnson as he suffered as many as six seizures within a five hour period.

Undisclosed records have shown that the corrections officers responsible for Scullark-Johnson did not document his condition although they did remove his cellmate to another area after the cellmate was complaining that an ambulance should be sent.

This lawsuit has raised a number of questions regarding quality of care within prisons since it has been found that nine state prisoners have died due to the alleged denial of medical care. Another 21 inmates have allegedly suffered critical or very serious injuries due to the denial of care. It is believed that the staffing arrangements that are specified within the state’s contract with Corizon have played a role in the death and injury claims. The staffing arrangement entails nurses leaving by 11 p.m., which means corrections officers are the ones in charge of medical care.

According to court documents, the nurse who had turned away the ambulance for Scullark-Johnson, said to corrections investigators that she was not given adequate information by the overnight officers about the condition of Scullark-Johnson. However, the Corrections lieutenant said that she was informed that at least three seizures occurred and that his cellmate said there were at least six or seven seizures. The officer said that the nurse told him to let Scullark-Johnson sleep.

After turning the ambulance away, the nurse returned an hour later and found Scullark-Johnson face down in his cell and he was not responding. The ambulance then returned and the crew took him to a medical center where he was pronounced dead that night. He was taken off life support the next day.