Category: Uncategorized

End Distracted Driving Presentation at Fairview JHS: Hands-free isn’t harm-free!

by John McKiggan

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As part of my volunteer efforts with End Distracted Driving (EndDD.org) I have been speaking to students at high schools and junior high schools throughout Metro. Yesterday I had the pleasure of talking with 150 grade nine students at Fairview Junior High School. I was impressed with the interest shown by the students and the questions they asked.

EndDD.org’s Mission Statement can be found on their website:
“To preserve life and promote safety on a large scale through advocacy, education, and action. It is our hope that we can prevent families and friends from suffering the loss of a loved one because of distracted driving.”
Talking while driving a distraction

New Seatbelt Rules Coming for Canada: Using seatbelts is common sense.

by John McKiggan

Have you ever noticed that the middle-rear seat of most cars usually doesn’t have a shoulder seat belt strap? Ever wonder if the side seats that have shoulder straps are safer than the middle seat?

Studies have shown that passengers wearing lap belts alone are more likely to suffer separation of their lumbar vertebrae, causing paralysis.

Three point (shoulder strap) seat belts have been mandatory in all cars sold in the U.S. since September 2007.

Are Painkillers Causing Car-Accidents?

by John McKiggan

Opioid painkillers are prescription drugs (in Canada) that are used to relieve pain. The drugs increase the release of dopamine to the brain, causing intense happiness and pleasure. Opioids also help alleviate pain by interfering with the transmission of pain signals to the brain.

Common Medications

Popular pharmaceuticals in the opioid family include: codeine (Tylenol 2, 3, 4), morphine, hydromorphone, oxycodone (OxyContin, Percocet). Codeine is sold over the cou8nter, while the stronger opioids, morphine, hydromorphone and oxycodone are only available by prescription and are usually prescribed for sever or chronic pain or cancer.

Children’s Meds Causing Dangerous Allergic Reactions

by John McKiggan

Recently I was doing research for a client whose child had suffered an adverse reaction after taking a common children’s medication. That’s why this article in Reuters caught my attention.

It tells the story of a Massachusetts family that nearly lost their daughter due to an allergic reaction to a common household medicine. Seven year-old Samantha Reckis lost approximately 90 percent of her skin, suffered mild brain damage and is legally blind after taking children’s Motrin.

Following a decade-long trial, a Massachusetts jury has ordered Johnson & Johnson to pay $63 million to Samantha and her family.

March Break Travel Plans? Make sure you have insurance!

by John McKiggan

Next week is March Break here in Atlantic Canada and I know many families are planning on travelling during the break.

I recently wrote an article for the Atlantic Canada Legal Examiner in which I discussed the plights of two unfortunate Canadians who were stuck with extraordinary medical bills after their travel insurance claims were denied.

So I decided it might be helpful to write a follow-up article with some advice on purchasing travel insurance.

N.S. Court of Appeal Upholds “Minor Injury” Cap award: Awalt v. Blanchard

by John McKiggan

Almost two years ago I wrote about the trial decision in Awalt v. Blanchard: Accident Victim’s Claim Capped by Nova Scotia’s “Minor Injury” Law

Ms. Awalt was injured in a car accident in 2004. She returned to work shortly after the accident. A few years later she underwent surgery to repair a torn rotator cuff which she claimed was injured in the car accident.

The trial judge, Justice Coady found no causal connection between the shoulder injury and accident. He classified Ms. Awalt’s injuries as falling under the minor injury cap, which limited her general damages to $2,500.

Save your tears: No compensation for grief in Nova Scotia

by John McKiggan

Dog Day Afternoon

I was reading an article written by my colleague Brett Emison, a personal injury attorney in Kansas. Brett wrote about an interesting case in Texas that highlights the irony of the law in most U.S. states and in Canada.

In most states and several provinces in Canada, courts cannot award compensation for grief for the loss of a family member.

Increase in NS Traffic Deaths in 2012: What can we do?

by John McKiggan

Huge Increase in Traffic Fatalities

2012 was not a good year for Nova Scotia motor vehicle accidents with eighty-two (82) road fatalities. In fact, 2012 bucked the trend of a steady decline in motor vehicle fatalities that has been ongoing since 2007. Compare the 2012 numbers to those in 2011 when there were only sixty-five (65) people killed on the road. That’s a 21% increase!

Back in July of 2012, I voiced my concerns about the cause of the rising trend of fatal accidents on Nova Scotia roads: Increase in Nova Scotia Traffic Fatalities: Is Distracted Driving to Blame?

No Duty To Explain Statute Of Limitations To Someone Who Is Not A Client

by John McKiggan

Last week Antonin Pribetic who writes The Trial Warrior Blog posted the decision of the Ontario Court of Appeal in Broesky v. Lüst.

The decision is just 6 paragraphs and the Ontario Court of Appeal concisely dealt with the question of what duty a lawyer owes to someone who is not the lawyer’s client.

While it may appear obvious (to some) that a lawyer doesn’t owe a duty to someone who is not the lawyers client, the would-be client in this case went all the way to the Court of Appeal to get an answer to this question.