Friday, August 6, 2010

Jackpot Jackson Jury decides it takes a village, but not parents.

A Hinds County Circuit Court jury has awarded $4.7 million to the parents of two children who nearly drowned in 2007 in the swimming pool at the La Quinta Inn in Jackson. The jury found that the parents were only 15 percent to blame despite the fact that the parents left the 8 and 9 year old kids at the hotel alone. It's also important to note that the kids, who could not swim, were told by their parents not to go near the pool, but they disobeyed. It's also important to note that if not for the quick action of hotel employees the children likely would have drowned.

So, who's to blame, again?


$4.7M award in near drowning at Jackson motel


Motel blamed in swimming pool accident

A Hinds County Circuit Court jury has awarded $4.7 million to the parents of two children who nearly drowned in 2007 in the swimming pool at the La Quinta Inn in Jackson.

After a two-week trial, the jury returned an award of $5.6 million, affixing fault at 85 percent to the Inn and 15 percent to the parents. The percentage attributed to the parents reduced the award to the $4.7 million, said Ashley Ogden, attorney for the family.

"We hope this jury verdict will tell hotels that set up their own rules for safety ... to follow them," Ogden said Thursday.

The parents said in the lawsuit that the hotel was negligence. The crux of their case was that the gate on the fence surrounding the pool was supposed to be locked when the pool wasn't in operation - per company policy. The pool's operating hours were 9 a.m. to 10 p.m., according to court records.

Also, testimony during the trial established a self-latching device on the pool gate wasn't working, according to Ogden. Employees testified they did not lock the pool that night, according to the lawsuit.

Also, the lawsuit said La Quinta's corporate policy required the hotel manager, Dave Lehman, to maintain CPR certification, but his certification had lapsed.

La Quinta officials argued there was no duty to lock the pool gate during nonpool hours and that the children were not left in their care that morning.

Also, they said Lehman responded quickly to the emergency and helped saved the lives of the children.

Charlene Priester, one of the attorneys defending La Quinta, said no decision has been made on an appeal.

The near drownings took place July 30, 2007, at the La Quinta on Briarwood Drive. The children, ages 8 and 9, and their parents were staying there at the time..

The children were left at the hotel while their father, Robert Sproles Jr., took his wife to work at Central Mississippi Medical Center.

The parents said the children had been warned to stay away from the pool. Neither child knew how to swim.

Security footage from the hotel showed the Sproles left about 6:34 that morning. Sometime between that time and 7 a.m., the children ended up in the pool.

CL

Opinion Editorial: More Government Spending; Less Jobs

BY: Congressman Gregg Harper

Before I was elected to serve in Congress, I employed three people at a small business in Pearl, Mississippi. In my office, we had a budget. I had to make daily decisions to live within that budget, including making a monthly payroll.

The federal government is broke. By the White House’s own admission, the federal deficit could reach $1.47 trillion for Fiscal Year 2011, borrowing 41 cents of every dollar you send to Washington.

This unhealthy announcement comes after a failed $862 billion stimulus package that the Democrats claimed was designed to keep unemployment under eight percent, a trillion dollar health care overhaul that Nancy Pelosi said would create 400,000 immediate jobs, and an overreach of the financial system that assumes the federal government knows best how local financial firms should invest their assets.

Now – with nearly 15 million people unemployed – the Democratic leadership in Washington ignored their responsibility to produce a federal budget. The failure by the majority to sensibly construct a budget resolution threatens job creation, explodes spending and deficits, and intensifies America's debt crisis.

House Republicans understand the importance of balancing their checkbook. We also realize that the federal government’s checkbook is your checkbook. This is why we have launched AmericaSpeakingOut.com. This unprecedented initiative asks you – the taxpayer – to give your input and help direct the policies being debated in Washington.

Just around the corner, the Democrats have plans to enact the largest tax increase in American history. That’s right. On January 1, 2011, every single tax bracket is scheduled to increase. This means if you run a small business and pay 35 percent on your taxes, next year you will pay 39.6 percent. And if you file in the lowest tax bracket, next year you will be subject a 50 percent increase in your tax rate, not to mention the estate tax and the capital gains tax will return to their previous rates.

The President’s spokesman recently said, “I don’t think there’s an economist that believes there’s a stimulus to, or a good reason in terms of economic growth to, extend those tax cuts.” Ironically, the chairwoman of the President’s own Council of Economic Advisers has noted, “In short, tax increases appear to have a very large, sustained, and highly significant negative impact on output...the more intuitive way to express this result is that tax cuts have very large and persistent positive output effects.”

It appears that at least one of the President’s advisors share the same beliefs as me, Washington must give Americans immediate tax relief.

There is no denying that the economy is still fragile. But the verdict is in on government spending. America cannot borrow, spend and tax our way out of this economic downturn – plain and simple.

My family has a budget, my small business operated on a budget, and today my congressional office operates below our budget – voluntarily returning nearly 10 percent of my Members’ Representational Allowance. I urge Congress to follow this example by providing taxpayers with a fiscally responsible budget that spends much less, cuts taxes and reduces our national debt.

Gregg Harper represents Mississippi’s Third Congressional District. The freshman Republican serves on the House Budget Committee.

Officer rules against St. Dominic Madison hospital


An administrative hearing officer is recommending St. Dominic Hospital not be allowed to build a 71-bed hospital in Madison County.
In a 48-page recommendation released today, Cassandra B. Walter says the hospital hasn’t justified its case for a certificate of need from the state Department of Health to move 71 beds from its Jackson campus to Madison County.

HMA-owned Madison County Medical Center, which will open as Madison River Oaks next summer in Canton, opposed St. Dominic’s plans and welcomed Thursday’s recommendation.

State Health Officer Dr. Mary Currier has up to 30 days to make a final ruling.

CL