Raelyne Cheek, 13, was killed, and her friend, 13-year-old Erica Wallace, was critically injured after their ATV was struck by a tractor trailer in Illinois

Mother mourns 13-year-old daughter killed in ATV accident


By Kara Berg

kberg@bnd.com
 

September 01, 2017 7:00 AM




Everywhere Briane Penny looks in her house, she sees reminders of her daughter.

Photos of 13-year-old Raelyne Cheek are scattered around the house. A ripped piece of notebook paper reads: “To mommy and Toddy from Raelyne. I love you very much.” The camera roll on her phone is filled with Raelyne’s selfies.

It all hurts to look at and reminds her of the life her 13-year-old daughter could have had before she died in an all-terrain vehicle accident in Jersey County on Aug. 11. Sometimes it helps to talk about Raelyne; other times it’s too painful to think about.


“She was my best friend; she was attached to my hip,” Penny said. “It doesn’t even seem like it’s real. I just want to hold you one more time, baby.”

Raelyne, who was about to start eighth grade at Southwestern Middle School in Piasa, was a social butterfly, wanting to be friends with everyone she met. A perfectionist about her looks, Raelyne always had to make sure her nails and hair — but only the front — looked perfect, her mom said. Her phone was her prized possession — so much so that she was even buried with it.


She loved horseback riding and taking care of her horse, Okie, and any outdoor activities. She learned how to shoot a bow and arrow, and loved that, Penny said. Most of all, she loved spending time with her mom.

“She was a big-time mommy’s girl,” Penny said.


Raelyne Cheek died Aug. 11 in an ATV crash in Jersey County.
Provided by Briane Penny

Just before the crash, when Penny called her daughter to check in with her at the home of the girl’s grandparents, Raelyne told her she was getting dressed up and going nowhere — just like mommy likes to do.

Then the call came.

“There’s been an accident,” Raelyne’s father told Penny. She couldn’t speak, she couldn’t breathe. What had happened to her daughter?

“God, please do not take my daughter, please,” Penny recalled thinking. “She’s all I have.”

Raelyne was killed on impact, something that brings Penny some comfort. At least she didn’t suffer, she said.

More than 280 people have died from ATV crashes between 1982 and 2014 in Illinois, according to the Consumer Product Safety Commission. Nationally, 13,617 people have died in ATV-related crashes in that same time frame.


Raelyne Cheek died Aug. 11 in an ATV crash in Jersey County.
Provided by Briane Penny

Illinois has some of the most lax ATV laws in the country. Riders aren’t required to wear helmets, and there are no age restrictions. One of the only state restrictions is to not drive on paved roads or highways: where Raelyne was killed, and her friend, 13-year-old Erica Wallace, was critically injured. Erica was moved out of an intensive-care unit Friday and is on her path to recovery, her mother said.

Raelyne and Erica were riding the ATV east on Challacombe Road, approaching Illinois 267 around 4 p.m. Aug. 11, and did not stop at a stop sign, Illinois State Police said. A man driving a tractor-trailer couldn’t avoid the ATV and struck it. Neither girl was wearing a helmet.

“I don’t blame (the truck driver) for anything,” Penny said. “It’s not his fault ... You can see his brake marks for 30 solid feet.”

As Penny and her fiance pulled away from the funeral, a double rainbow shone in the sky, brighter than she had ever seen. Friends and family were calling her: Did you see that rainbow?

Penny said she knew it was Raelyne, sending her mom one last message.



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Raelyne Cheek, dead ATV crash



RAELYNE CHEEK

SHIPMAN — Raelyne Emma Cheek, 13, died at 4:45 p.m., Friday, Aug. 11, 2017, from injuries sustained in accident just south of Challacombe Road on Illinois Route 267, in Jersey County.

She was born at St. Anthony's Hospital in Alton, on April 10, 2004, and was the daughter of Erik Travis Cheek and Heather Briane Penny.

Raelyne attended Shipman Elementary completing her sixth grade year at Medora Elementary due to reconfiguration. She currently was entering the 8th grade at Southwestern Middle School in Piasa, where she flourished being the social butterfly.

Like most girls her age, her phone was her prized possession, and she had perfected the art of the "Selfie." She enjoyed anything outdoors, especially taking care of her horse, Okie, and enjoyed swimming, watching Man vs. Food as well as Cupcake Wars.

Raelyne was very particular about her appearance, and her hair had to be just so, (only in the front though), and had a heart of gold, loving and caring for everyone she knew, especially her cousins.

Surviving are her father, Erik Cheek of Shipman; her mother, Briane Penny of Jerseyville; her grandparents, Marsha and Brad Stearns of Shipman and Lynn and Cathy Cheek of Brighton; her great-grandparents, Georgia Madson of Monmouth, Cecil Stearns of Lick Creek, Illinois, and Linda Cheek of Jerseyville; aunts and uncles, Samantha and Ryan Doolin of Brighton and Kory and Lisa Cheek of Godfrey; and her cousins, Addison and Quinn.

She was preceded in death by her great-grandparents, Chester Madson, Linda Stearns, James Cheek, and Carl and Emma Fritz.

Visitation will be from 2:30 until 6 p.m. Wednesday, Aug. 16 at Crawford Funeral Home in Jerseyvillle.

Graveside services will be conducted at 6:30 p.m. at the Kemper Cemetery in Kemper, Illinois, with Rev. Donnie Watson officiating.

Instead of flowers and plants, the family would appreciated memorials be given to the funeral home, which will be used to assist Raleynne's friend, Erica Wallace.

1 man critical, another broke his arm after their ATV ran off the pavement and into a group of pine trees in Moore County, NC

Critical injuries reported after ATV crash in Moore County

September 3, 2017

Jackson Springs, N.C. — Two men were injured on Sunday in an ATV crash.

Around 1 a.m., Moore County officials responded to the 1500 block of Flowers Road off of N.C. Highway 211. At the scene, they located two men reported to be in their twenties.

Both were transported to Moore Regional Hospital in Pinehurst.


One man was critically injured, officials said. The other appeared to have a broken arm and was able to walk at the scene.

An investigation suggests that the ATV ran off the pavement and into a group of pine trees. Flowers Road was temporarily closed in both directions while investigators were on scene.

The deadly fire at Sterling Knolls apartments in Sterling Heights, MI that killed Laura Ann Phillips, 33, and caused an estimated $1.5 million in damages, was caused by smoking

Investigation reveals fatal Sterling Heights apartment fire was caused by smoker
Fire ruled accident
By Amber Ainsworth

September 01, 2017



Investigations found a fire May 17, 2017 at Sterling Knolls apartments in Sterling Heights was caused by smoking. (WDIV)

STERLING HEIGHTS, Mich. - Investigations by the Sterling Heights Police and Fire departments determined that a fire at Sterling Knolls apartments that killed one in May was the result of careless smoking.


Investigators said someone who was smoking hookah on an upstairs balcony May 17 didn't properly extinguish coals.

More than 40 firefighters responded to the fire that killed Laura Ann Phillips, 33, and caused an estimated $1.5 million in damages.

The medical examiner ruled Phillips' death an accident caused by smoke inhalation and carbon monoxide toxicity.

The cause of the fire is considered an accident, investigators said. No one will be charged.





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Sterling Heights woman, 33, dies amid 'massive amount of fire'

Christina Hall, Detroit Free Press Published 2:30 p.m. ET May 18, 2017 | Updated 3:05 p.m. ET May 18, 2017



A Sterling Heights woman died and three other people, including two firefighters, were treated at local hospitals after a two-alarm fire at an apartment complex Wednesday night in Sterling Heights.

Fire Chief Chris Martin said today that Laura Ann Phillips, 33, died in the blaze about 11:30 p.m. Wednesday at Sterling Knolls Apartments on 15 Mile Road. He said she would have turned 34 on Saturday. She lived alone in a second-floor unit and was found dead in her apartment, Martin said.

Another woman was treated for smoke inhalation and two firefighters, one each from Sterling Heights and Clinton Township, were treated for heat-related injuries. All three have been released, Martin said.

He said fire crews found "just a massive amount of fire" when they arrived, with flames spreading from the roof line of one building to another building in the complex, which is west of Maple Lane and east of Dodge Park Road.

Martin said there were a total of 16 units in the two, two-story buildings, with all of those units occupied and residents now displaced.

He said the Red Cross was notified and two local churches have offered to help. There is a meeting this afternoon to talk with some of the displaced residents to discuss how to get their valuables.

Martin said the cause and origin of the fire remains under investigation, though investigators have a theory on what happened. He did not release the theory as the investigation is continuing.

He said a fire engine arrived within minutes because it was clearing from an EMS run. He said crews were met with an "intense amount of flames."

Martin said before crews arrived, people walked around, banging on windows, trying to notify residents of the fire. He said crews removed two people, including the woman treated for smoke inhalation.

Martin said investigators are trying to determine if smoke detectors were in the complex and if they were working.

He did not have a damage estimate, but said most of the two buildings -- at least the second floor -- are a total loss.

Pregnant mother Jennifer Wilder, 27, and her two children Gabriel Kalinoski, 5, and Julian Douglas Gust, 2, died when a home in Hamburg, PA went up in flames

HAMBURG, Pa. —

State police say a pregnant woman, and her two young children were killed in a fast-moving house fire in Berks County.

According to state police, the fire started just before 11:30 p.m. Saturday, on the 400 block of South 4th Street, in Hamburg. When firefighters arrived, the home was heavily engulfed in flames.

Investigators say the pregnant woman, and her 5-year-old and 2-year-old children were found dead inside the home by firefighters.

According to state police, a man was able to escape from a bedroom window of the home. He has been hospitalized.

The cause of the fire is under investigation by the fire marshal.



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Berks County Coroner identifies victims of deadly house fire in Hamburg 

Sunday September 3, 2017 12:01 AM
Written by Michael Yoder




The Berks County coroner's office identified three people killed early Sunday morning in a house fire in Hamburg. Jennifer Wilder, 27, Gabriel Kalinoski, 5, and Julian Douglas Gust, 2, died when a home in the 400 block of South Fourth Street went up in flames. Wilder was six months pregnant, the coroner's office said. Crews were dispatched shortly before 11:30 p.m. on Saturday for the report of a fully involved home on fire in the 400 block of South Fourth Street with entrapment. Initial calls said the first floor of the 2 1/2-story home was burning and electrical wires were lying on the ground in front of the structure.

One man escaped by climbing through a bedroom window. He was hospitalized for his injuries. 

Union Fire Co. of Hamburg, which is a block away from the fire, were on the scene within minutes and immediately called for a third alarm, indicating flames were coming from all four sides of the building at 440 S. Fourth St.Firefighters from around the region descended on the scene, laying hose lines in the front and the rear of the home. Two different ladder trucks were positioned alongside the house, with firefighters being ferried to open holes in the metal roof with a saw, sparks flying to the ground from the cutting.

At about 12:30 a.m., emergency sirens on several engines at the scene were sounded as the fire grew in intensity at the rear of the home. Firefighters scrambled out of the building, sliding down ladders as the flames started shooting out from the windows.

A steady rain continued to fall into the morning hours but did not have any measurable effect of helping to put out the fire. Crews were still putting out hot spots as late as 4 a.m.

The home was completely gutted by the intensity of the flames, with firefighters pulling down the plaster walls to get at the fire. The siding was melted off most of the structure.

The first victim was brought out of the house shortly after 5 a.m., a line of firefighters shielding the scene from onlookers who gathered on the block. The final victim was brought out about 5:30 a.m.

Several people came to the scene throughout the night in tears, being embraced by friends and family as firefighters continued their work. A recovery center was set up in the parking lot of the Die Washerei laundromat across the street, a fire company chaplain talking to and consoling family members.

Herb, who showed up at the fire in the early morning hours, began interviewing neighbors across the street from the house. The exact cause of the fire was still unknown early Sunday morning as the investigation continues.

South Fourth Street was closed between Maple and Windsor streets until just after 10:30 a.m.

Steven Meier, a 59-year-old security guard who worked for Securitas Security Services and Lost His Leg by Forklift at PennySaver Receives $16.9 M Jury Award; Steven Meier v. PennySaver USA, LLC, et al.

Riverside CA Security Guard Injured by Forklift Receives $16.9 M Jury Award

Sunday, September 3, 2017

 

When a person is injured in an accident in in California and share a part of the blame for the accident’s cause, he or she may still be able to recover damages for the losses that were incurred. California follows a rule called comparative negligence, which means that people who have some of the fault may still recover compensation. However, the amount that they may receive will be reduced by the percentage of fault that is allocated to them. Allegations of partial negligence may not always result in a finding that a person was comparatively negligent, however. A recent case in California, Steven Meier v. PennySaver USA, LLC, et al, Riverside Superior Court / RIC1507069, demonstrates the principle that if a person’s negligence did not contribute to the accident, the person may still recover all of his or her damages.

Factual background

Steven Meier, a 59-year-old security guard who worked for Securitas Security Services, was working at a PennySaver USA facility on Oct. 20, 2013. While he was patrolling, a Pennysaver USA employee who was operating a forklift reversed into Meier, dragging him 15 feet and pinning his leg under the equipment. Another piece of machinery had to be brought in to lift the forklift off of his leg. Doctors attempted to save his leg, but it had to be amputated below the knee. Meier filed a lawsuit against PennySaver USA for its employee’s negligence and the company’s vicarious liability for the employee’s failure to look in the direction of travel while he was reversing the forklift.

Issue: Is a security guard’s negligence in failing to use lights or wear a vest enough to prevent the liability of a forklift driver who fails to look while driving?

The plaintiff argued that the forklift driver was negligent because of his failure to look behind the forklift when he put it in reverse. The defendant argued that the forklift was equipped with a backup alarm and a strobe light and that Meier was negligent in being inattentive while standing behind it and ignoring the alarm and light. The defendant also contended that Meier was negligent because he was not wearing a reflective jacket while he was working. While the jackets were recommended, they were not required for Securitas employees. Meier had taken the jacket off because he was hot.

Rule: If an accident is caused by the negligence of both the defendant and the plaintiff, the damages will be reduced according to the percentages of fault each has.

California follows a rule called comparative negligence. Under this rule, juries and courts assess the percentage of liability of each party when more than one is at fault in an accident’s cause. California used to follow a rule called contributory negligence. Under that rule, if a plaintiff had more than a certain percentage of fault in an accident, he or she would be barred from recovering damages. That law was abolished as we previously discussed in our explanation of comparative negligence. Under comparative negligence, plaintiffs may still be able to recover damages even if they share some of the blame for their accidents. If they do share part of the liability, their awards will simply be reduced by the amount of the percentage assigned to them.

Analysis

In Meier’s case, the defendant admitted that the forklift driver failed to look behind him when he was reversing. Forklift accidents are common in many workplaces. Many of these accidents happen when drivers are not properly trained and are driving the forklifts in negligent and unsafe manners. As we have previously discussed, forklift accidents may give rise to several potential recovery sources. For instance, if a person is injured in an accident involving a forklift while he or she is working, the worker may recover workers’ compensation benefits through his or her employer’s workers’ compensation benefits. In some cases such as Meier’s, the forklift operator may be employed by a third party other than the injured worker’s employer. If that happens, then the victim may file for workers’ compensation benefits from his or her employer while also filing a negligence lawsuit against the third-party employer of the driver.
In Meier’s case, he was working for Securitas Security Services, which had a contract to supply security personnel and services to PennySaver USA. While Meier worked at the PennySaver USA facility, he was not employed by PennySaver USA directly. Since he was injured by one of PennySaver’s employees while he was working for Securitas, he was able to file a lawsuit against the defendant for the damages that he suffered because of his accident.

Conclusion: Verdict and award

The jury deliberated for one day after a trial that lasted for 10 days. The jury returned a gross verdict in the amount of $16,948,377.29 in favor of the plaintiff. The jury did find that Meier was negligent by being inattentive and not wearing his reflective jacket, but it found that his negligence was not a substantial contributing factor to the accident. This meant that he did not have comparative negligence, and he was entitled to receive the entire verdict amount.

Forklift backs up into security guard, drags him 15 feet; leg amputation. $16.9M. Riverside County.

Summary

Security guard at printing plant is run over by forklift operator.

The Case

• Case Name: Steven Meier v. PennySaver USA, LLC, et al.
• Court and Case Number: : Riverside Superior Court / RIC1507069
• Date of Verdict or Judgment: Tuesday, July 11, 2017
• Date Action was Filed: Friday, June 12, 2015
• Type of Action: Negligence, Workplace Accident, Misc., Highlighted Verdicts
• Judge or Arbitrator(s): Hon. Sharon Waters
• Plaintiffs:
  Steven Meier, 59, security guard.
• Defendants:
  PennySaver USA and Oliver Cervantes
• Type of Result: Jury Verdict

The Result

• Gross Verdict or Award: $16,948,377.29
• Net Verdict or Award: $16,948,377.29
• Settlement Amount: During the jury deliberations, the parties agreed to a high/low agreement of $4,000,000 (low) and $22,000,000 (high), which was put on the record. As a result, the entire verdict will be paid within 30 days.
• Contributory/Comparative Negligence: The jury found that Meier was negligent, but that his negligence was not a substantial factor in causing him harm.
• Economic Damages: Past medical cost: $464,291
  Future medical cost: $1,300,000
  Past lost earnings: $84,086
  Future lost earnings: $100,000
• Non-Economic Damages: Past non-economic damages: $7,500,000
  Future non-economic damages: $7,500,000
• Trial or Arbitration Time: 10 days.
• Jury Deliberation Time: 1 day.
• Post Trial Motions & Post-Verdict Settlements: None.

The Attorneys

• Attorney for the Plaintiff:
  Shernoff Bidart Echeverria LLP by Ricardo Echeverria and Kristin Hobbs, Calremont.
  Law Office of Dennis A. Thayer by Dennis A. Thayer, Riverside.
• Attorney for the Defendant:
  Harrington Foxx Dubrow Canter by Edward R. Leonard, Orange.
  Diederich & Associates by Robert E. Henke, Diamond Bar.

The Experts

• Plaintiff’s Medical Expert(s):
  Douglas Smith, M.D., orthopedic surgery.
  John Michael, C.P.O., prosthetics.
  Rhonda Renteria, R.N., life care planning, Anaheim.
  Timothy Lanning, economics, Santa Ana.
  Richard Andersen, vocational rehabilitation, Westminster.
• Defendant's Medical Expert(s):
  Kendall Wagner, M.D., orthopedic surgery, Fullerton.
  Sarah Larsen, R.N., life care planning.
  David Weiner, economics.
  Steve Molina, Ph.D., vocational rehabilitation, Santa Ana.
• Defendant's Technical Expert(s):
  Gavin Huntley-Fenner, Ph.D., human factors, Irvine.

Facts and Background

• Facts and Background: On Oct. 20, 2013, plaintiff Steven Meier, 59, a security guard employed by Securitas Security Services, was patrolling at a PennySaver USA printing facility in Mira Loma. During a patrol, Meier was struck from behind by a forklift being operated in reverse by PennySaver USA employee, Oliver Zavala Cervantes. The forklift dragged Meier 15 feet before stopping, and a second forklift was brought in to dislodge Meier’s leg from underneath the forklift.
  Meier sued Cervantes and PennySaver USA, LLC for negligence and negligence per se for Cervantes’ failure to operate the forklift safely and failure to look in the direction of travel.
• Plaintiff's Contentions: That PennySaver employee, Oliver Zavala Cervantes, was negligent by failing to look in the direction of travel while he was reversing.
• Defendant's Contentions: While Cervantes conceded that he was not looking in the direction of travel before the impact with Meier, defendants claimed that Meier was inattentive and was comparatively liable for the accident and his injuries. Defense contended the forklift was equipped with a working backup alarm and strobe light, to which Meier paid no attention. Defendants contended that Meier’s inattention was particularly negligent because his job as a security guard was to be attentive and to have his head “on a swivel.”
  Defendants further contended that while it was not a requirement that security guards wear safety vests or carry flashlights, vests and flashlights had been provided and plaintiff Meier should have utilized them to be more visible. The incident happened on a Sunday morning, which Meier admitted was the busiest time of the week for forklift operation in the area where the incident occurred. Meier had been wearing a vest earlier in his shift, but took it off because it was hot.

Injuries and Other Damages

• Physical Injuries claimed by Plaintiff: Meier sustained severe injuries, including degloving of his lower right leg and a crushed right ankle. Despite several surgeries over the next year and a half to save his leg, ultimately Meier’s right leg was amputated below the knee. Meier is expected to receive a permanent prosthetic in 2018, but because of his age and the condition of his residual limb, he will continue to require attendant care for the rest of his life. Further revision surgeries to his residual limb are expected in order to remove excess skin and improve the condition of his residual limb.

Special Damages

• Special Damages Claimed - Past Medical: Medical expenses were undisputed and the jury awarded $464,291.29.
• Special Damages Claimed - Future Medical: $1,300,000
• Special Damages Claimed - Past Lost Earnings: $84,086
• Special Damages Claimed - Future Lost Earnings: $100,000