Who can file an accident wrongful death lawsuit in Minnesota?
In Minnesota, a trustee appointed by the court has to file a wrongful death lawsuit, which is a lawsuit against a person or corporation for a wrongful act or omission that leads to someone’s death. The trustee is appointed to the court upon written petition by the surviving spouse or one of the next of kin. Family members who may seek the appointment of a wrongful death trustee include the following:
- surviving husband or wife
- children
- parents
- grandparents
- siblings
- nieces
- nephews
- aunts
- uncles
- cousins
The trustee acts on behalf of the family, and any money won in a settlement or by verdict is “for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death.”
The wrongful death trustee is not the family’s attorney. If the family wants legal representation, they have to hire a Minnesota wrongful death attorney, who will gather and analyze evidence, negotiate for a settlement and prepare for trial.
Contact our attorneys for a free consultation. There is a time limitation for filing accident wrongful death lawsuits called the “statute of limitations,” so time is of the essence.
Our accident wrongful death lawyers represent families throughout Minnesota, including Twin Cities, Minneapolis, St. Paul, Rochester, Duluth, Moorhead, Mankato, Brainerd, Bloomington, Eagan, Eden Prarie, Apple Valley, Maple Grove, Edina, Plymouth, Minnetonka, Stillwater, Thief River Falls, Bemidji, Grand Rapids, Austin, Worthington, Woodbury, Maplewood, Golden Valley, Shoreview, Blaine, Anoka, South St. Paul, White Bear Lake, Roseville, St. Cloud, Arden Hills, Brooklyn Park, Forest Lake.
Fatal Accident in Construction Zone on 35W
A tragic accident on 35W in Burnsville is a reminder that drivers need to use extra caution in construction zones.
Today, two Egan Co. employees were hit while working in a construction zone. One died at the scene and the other at the hospital. The names have been released by the Minnesota State Patrol, but out of respect for the families, we are not reporting them here. Our thoughts are with the families.
According to information just released from the Minnesota State Patrol, a Mitsubishi 3000GT driven by Kirk Deamos, 21, of Raymore, Missouri, was traveling northbound on 35W in the left lane when the driver lost control and struck the two construction workers. The updated State Patrol report states:
VEH 1 [the Mitsubishi driven by Deamos] NB 35W IN LEFT LANE, SLOWING FOR UPCOMING CONSTRUCTION. DRIVER FELT HE WAS TOO CLOSE TO THE CONSTRUCTION WALL, BRAKED AND STEERED RT. VEH TURNED RT HARDER THAN DRIVER THOUGHT IT WOULD. HE THEN TURNED LEFT TO COMPENSATE, THEN RT AGAIN. VEH THEN SPUN OUT IN THE RIGHT DITCH, STRIKING 2 CONTRACTED CONSTRUCTION WORKERS.
This is preliminary information. Some of the questions that need to be answered include the following:
- Did a defective car part contribute to the accident?
- Was alcohol a factor?
- Was there a problem with safety measures taken at the construction area?
Contact our attorneys for information regarding accident investigations and finding all liable parties.
Yasmin and Yaz Lawsuits
Yasmin and Yaz lawsuits filed throughout the United States allege these products caused serious injury to women who used the product. These injuries include stroke, heart attack, deep vein thrombosis, embolisms, kidney failure, gallbladder problems, and other problems that may be related to blood clot formation. Also at issue in these lawsuits is the alleged fraudulent marketing and sales practices of the defendents.
The defendants in these cases are Bayer Corp., Bayer HealthCare Pharmaceuticals Inc., on its own behalf and as successor by merger to Bayer Pharmaceuticals Corp., and Bayer HealthCare LLC (collectively Bayer).
FREE CONSULTATION WITH ATTORNEY: Call Pritzker Olsen Attorneys at 1-888-377-8900 (toll free) or at 612-338-0202, email Attorney Fred Pritzker, or submit our online free consultation form.
Federal Yasmin and Yaz Lawsuits Consolidated in Multidistrict Litigation (MDL)
The United States Judicial Panel on Multidistrict Litigation has consolidated pre-trial procedures for federal Yasmin and Yaz lawsuits in the Southern District of Illinois:
On the basis of the papers filed and hearing session held, we find that these 32 actions involve common questions of fact, and that centralization under Section 1407 in the Southern District of Illinois will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions share factual questions relating to at least one of the drospirenone-containing oral contraceptives Yaz and Yasmin, which are manufactured by Bayer. Plaintiffs in the products liability actions challenge the safety of those oral contraceptives and bring claims for personal injuries or wrongful death stemming from use of the drugs. Plaintiffs in the Brownfield action (Nichole Brownfield, et al. v. Bayer Corp., et al., C.A. No. 2:09-444) bring claims arising from the advertising of Yaz on behalf of a putative nationwide class of purchasers of Yaz. Centralization under Section 1407 will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.
For a free consultation regarding a Yasmin lawsuit or a Yaz lawsuit, please contact our law firm.
Tractor-Trailer Crash Lawsuit Settled for over 2 Million Dollars
Pritzker Olsen attorneys Fred Pritzker and Eric Hageman recently obtained a $2,560,000 recovery for the victims of a tractor-trailer crash.
The clients were a husband and wife in their sixties whose automobile was hit from behind by a tractor-trailer. The initial impact caused their automobile to lose control, cross the center median and collide head-on with an SUV traveling in the opposite direction. The husband suffered a traumatic brain injury and both the husband and wife had extensive orthopedic injuries.
The cause of the crash was hotly contested. The trucking company claimed the driver of the car allowed her vehicle to drift into the truck’s lane while the plaintiffs contended the semi-truck drifted into their lane. Eyewitness testimony supported each claim.
Pritzker and Hageman retained the services of an accident reconstruction expert able to identify and map out tire markings from the automobile that showed it was in its proper lane at the time the tractor-trailer crashed into it. Using that data, an animationist hired by our law firm created a short video demonstrating how the crash occurred.
The trucking company (defendant) hired its own reconstruction expert and an engineer, who prepared a computer simulation of the crash using a software program claimed to be more scientifically accurate than the plaintiffs’ animation.
Pritzker and Hageman attacked the scientific claims of the defendant’s engineer by retaining an expert in the same software program to testify that the software program was manipulated to reach a pre-ordained conclusion. They also brought a motion to exclude the testimony of the trucking company experts and the simulation on which it was based. The tractor-trailer crash lawsuit was settled for 2.56 million dollars the day prior to the hearing on the plaintiffs’ motion to exclude.
Toll House Cookie Dough Outbreak in Minnesota: Lawyer for E. coli and HUS Victims
Our Minnesota law firm is investigating a multistate E. coli outbreak that has been associated with Nestle Toll House cookie dough. Our Minnesota lawyers are nationally recognized in the area of E. coli litigation. Our lawyers have appeared on CBS News, Fox’s “Geraldo Live,” KARE-TV, KSTP-TV, WCCO-TV and other programs discussing food litigation and food safety. If you or a loved one has contracted an E. coli infection after consuming Nestle Toll House cookie dough, please contact our law firm for Toll House lawsuit information at 1-888-377-8900 (toll free) or submit our free consultation form.
Nestle USA has issued a recall of refrigerated Toll House cookie dough. The Toll House recall included the products listed at the end of this blog post.
At least six people in Minnsota ages 2 to 18 have been sickened in this Toll House cookie dough outbreak. This is just in from the Minnesota Department of Health:
E. coli O157:H7 cases linked to eating raw Toll House brand cookie dough
Consumers urged to discard or return Nestle’s cookie dough productsState health officials are investigating six cases of E. coli O157:H7 infection in Minnesota residents associated with eating a popular brand of raw, commercially packaged cookie dough.
Routine monitoring by the Minnesota Department of Health (MDH) found that the cases of illness were all caused by E. coli O157:H7 with the same DNA fingerprint. The individuals became ill between May 3 and June 11. All six reported eating raw cookie dough of the Nestle’s Toll House brand.
The cases range in age from 2 to 18 years of age; five (83 percent) are female. One was hospitalized. All have recovered.
Minnesota’s cases are linked by the same DNA fingerprint to cases of E. coli infection in at least 66 people in 28 states. In addition, according to the Centers for Disease Control and Prevention (CDC), the vast majority of the people interviewed reported eating raw cookie dough of the same brand.
The U.S. Food and Drug Administration and CDC are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7. The FDA advises that if consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home that they throw them away. Cooking the dough is not recommended because consumers might get the bacteria on their hands and on other cooking surfaces.
Toll House cookie cough products are typically stocked in the refrigerator cases of many grocery and warehouse- type stores in Minnesota and around the country. Over a dozen varieties are sold in plastic tubs, plastic tubes, and rectangular packages. Retailers, restaurateurs, and personnel at other food-service operations should not sell or serve any Nestle Toll House prepackaged, refrigerated cookie dough products subject to the recall.
It has not yet been determined how the E. coli bacteria got into the cookie dough, but the FDA is working with the Nestle company to answer that question. “Cookie dough, whether purchased in a tub from the store, or made at home from scratch, should not be eaten raw,” said Carlota Medus, epidemiologist in the foodborne illness unit with MDH.
The Minnesota Department of Agriculture (MDA) is assisting with the ongoing investigation in Minnesota. MDA’s lab is testing product collected from retail stores and from ill consumers’ homes.
Symptoms of E. coli O157:H7 illness include stomach cramps, and diarrhea, often bloody diarrhea, with little or no fever. Most people recover in approximately 5 to 10 days. E. coli O157:H7 infections sometimes lead to a serious complication called hemolytic uremic syndrome (HUS), which can cause kidney failure. People typically become ill two to five days after eating contaminated food.
Those who develop such symptoms after consuming this product should contact their health care provider immediately. E. coli disease should not be treated with antibiotics, which can cause additional complications.
Toll House Cookie Dough Outbreak:
Recalled Toll House Products
Consumer
Description Unit Code (UPC)
Nestle Toll House Cookie & Brownie Dough
COOKIE & BROWNIE DOUGH BAR
Chocolate Chip bar 16.5oz 0 50000 62231 3
Chocolate Chip bar 16.5oz 0 50000 11308 8
Chocolate Chunk bar 16.5oz 0 50000 62235 1
Walnut Chocolate Chip bar 16.5oz 0 50000 62233 7
Jumbo Chocolate Chip bar 16.5oz 0 50000 62237 5
Oatmeal Raisin bar 16.5oz 0 50000 06219 5
Sugar Cookies bar 16.5oz 0 50000 62244 3
Sugar Cookies bar 16.5oz 0 50000 12178 6
Mini Chocolate Chip bar 16.5oz 0 50000 62242 9
Mini Chocolate Chip bar 16.5oz 0 50000 12188 5
Mini Brownie Bites bar 16oz 0 50000 62227 6
Fudgy Brownie With Peanut Butter Filling 19oz 0 50000 00820 9
COOKIE DOUGH TUB
Chocolate Chip tub 40oz 0 50000 62246 7
Chocolate Chip tub 80oz (5 lb) 0 50000 00934 3
Sugar tub 40oz. 0 50000 62253 5
Gingerbread tub 40oz 0 50000 44060 3
Peanut Butter tub 40oz 0 50000 44062 7
TUBE (CHUB) DOUGH
Chocolate Chip tube 16.5oz 0 50000 62239 9
Chocolate Chip tube 32oz 0 50000 00400 3
ULTIMATES COOKIE BAR DOUGH
Ultimates Peanut Butter Cups, Chips & Chocolate
Chunks bar 16oz 0 50000 00922 0
Ultimates White Chip Macadamia Nut bar 16oz 0 50000 00923 7
Ultimates Chocolate Chip & Chunks with Pecans bar 16oz 0 50000 00925 1
Ultimates Chocolate Chip Lovers 16oz 0 50000 00926 8
Ultimates Turtles bar 16oz 0 50000 00928 2
Ultimates Peanut Butter Lovers bar 16oz 0 50000 00507 9
Ultimates Chocolate Chip with Caramel Filling bar 16oz 0 50000 44066 5
Ultimates Chocolate Chip with Chocolate Filling bar 16oz 0 50000 44069 6
SEASONAL COOKIE & BROWNIE DOUGH
Valentine Hearts Sugar Cookie Shapes 15.5oz 0 50000 12009 3
Valentine Swirled Chocolate Chip bar 16oz 0 50000 00931 2
Fudgy Brownies With Raspberry Filling 19oz 0 50000 20090 0
Easter Eggs Sugar Cookie Shapes 15.5oz 0 50000 52009 1
Easter Swirled Chocolate Chip bar 16oz 0 50000 00932 9
Easter Swirled Mini Brownie Bites bar 18 oz 0 50000 20093 1
Red, White & Blue Swirled Choc Chip bar 16oz 0 50000 00937 4
Halloween Pumpkin Pals Sugar Cookies 13.5oz 0 50000 06217 1
Halloween Swirled Chocolate Chip bar 16oz 0 50000 00929 9
Halloween Swirled Fudgy Brownies bar 18oz 0 50000 00088 3
Christmas Shapes Sugar Cookies 15.5oz 0 50000 00505 5
Christmas Swirled Chocolate Chip bar 16oz 0 50000 00930 5
Christmas Swirled Fudgy Brownies bar 18oz 0 50000 00089 0
Limited Edition Mint Swirled Chocolate Chip 16oz 0 50000 00827 8
Discontinued Varieties
Valentine Hearts Sugar Cookies 13.5oz 0 50000 44056 6
Easter Brownie Bar 18oz 0 50000 00518 5
Easter Bunnies Sugar Cookies 13.5oz 0 50000 44058 0
Halloween Sugar Shapes 15.5oz 0 50000 00829 2
Christmas Sugar Cookie Tube 16oz 0 50000 00448 5
Oatmeal Cranberry Cookie Tub 48 oz. 0 50000 62229 0
