General News

Nate Bjerke has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in Minnesota and North America.

The induction ceremony at which Nate became a Fellow took place recently before an audience of approximately 500 during the recent Spring Meeting of the College in La Quinta, California.

Founded in 1950, the American College of Trial Lawyers is widely recognized as the preeminent organization of trial lawyers in North America, composed of the best of the trial bar from the United States, Canada, and Puerto Rico. Fellowship is extended by invitation only, following a rigorous investigation process, to experienced trial lawyers who have demonstrated the highest standards of trial advocacy, ethical conduct, professionalism, civility, and collegiality. Candidates must have at least fifteen years of trial experience before consideration for Fellowship.

The American College of Trial Lawyers includes more than 5,500 Fellows across the U.S. and Canada, all actively striving to preserve and enhance trial practice, civility, professionalism, and the administration of justice through support of an independent judiciary, the rule of law, trial by jury, and access to justice.

Nate Bjerke is a Partner at TSR Injury Law and has been a practicing attorney for nearly 30 years. The newly inducted Fellow is an alumnus of the University of Minnesota Law School.

TSR Injury Law congratulates Nate Bjerke on this distinguished achievement and his continued commitment to excellence in trial advocacy.

Steve Terry
Founding Partner, TSR Injury Law
612-TSR-TIME (612-877-8463)
8300 Norman Center Drive Suite 1275, Bloomington, MN 55437

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.

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.

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.

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.

The circus turned into a nightmare when the circus bleachers collapsed about 10 p.m. on Sunday evening at the Circus Juventas event, in Highland Park area, according to St. Paul Police.

There were about 400 people on the bleacher when it collapsed. Sgt. Paul Schnell reported that there were multiple injuries, many people suffered broken bones. At this time, none of the injuries appear to be life-threatening.

Circus Juventas is a performing arts circus school for youth between the ages of 3 and 21. It is based in St. Paul, at 1270 Montreal Avenue.

How Can a Lawyer Help In An Incident Like This?

There is a legal obligation to ensure a reasonable level of safety for anyone invited onto a property. This obligation is referred to in litigation as “premises liability”. Our Minneapolis personal injury attorneys are skilled, aggressive litigators with years of experience. Our partners are experts at establishing fault and proving liability. They have recovered millions for victims. Call (612) TSR-TIME or submit our free consultation form.

On May 23, 2012, a semi-truck driver was convicted by a Minnesota judge on one count of misdemeanor careless driving and three counts of criminal vehicular homicide that all stemmed from a fatal accident that had occurred two years earlier almost to the day. Two women were killed in the accident and one of those women was pregnant.

This is a case that shows how a truck accident can result in both criminal charges and a civil lawsuit.

The 38-year-old driver worked for Reinhart Foodservice and began his shift at 10 p.m. on May 23, 2010. This was the evening before the LaCrosse Wisconsin accident that killed the women. He drove all night long, making stops in Owatanna and Austin, Minnesota. At 11:30 a.m., he was northbound on Interstate 35 when he reached down to grab an energy drink from the passenger side floor of the truck. In his testimony, he stated that he took his eyes off the road for no more than 10 seconds when he looked up and saw that traffic was stopped due to road construction delays.

He was traveling at 68mph when his semi-truck slammed into the back of one of the victims’ vehicles, sending her vehicle into the rear of the other victims’ vehicle. The second victim’s car then slammed into the back of another semi-truck that was hauling 12 million bees. The bees were released at the scene of the accident because of the impact and this delayed the rescue efforts.

The judge came to the conclusion that the driver’s testimony regarding how long he took his eyes off of the road was not credible and that he operated his truck in a grossly negligent manner.

In addition to the criminal charges resulting from the accident, the families of the victims brought civil claims against the driver and his employer. The families settled early in 2012.

An explosion at a coal-burning power plant back in October injured a worker.

The explosion occurred at Minnesota Power’s Taconite Harbor Energy Center. The report from Minnesota power states that a call to emergency responders and firefighters was made at 9:20 a.m. to come to the facility that is located along Lake Superior’s North Shore. When they arrived, Joe Fredrickson, 41, was treated for injuries.

Fredrickson is an 11-year employee of the facility and he was in the coal bunker room where coal is transported on conveyor belts to boilers when the explosion occurred and he did sustain severe burns.

Firefighters from both the Schroeder and Tofte Volunteer Fire Departments fought the blaze. They got it under control and put out. They also stayed on site to ensure that all hotspots were extinguished, but a hotspot had started burning later in the day after they left. The hotspot was found in the insulation in the ceiling and in the coal. The fire chief said that the explosion appeared to be related to coal dust being ignited by an unknown source and that caused a number of spot fires within the building.

It was later determined by emergency crews that there were two explosions, but the cause of either one is still a mystery.

Fredrickson was taken to a Cook County hospital and was later transferred to St. Mary’s in Duluth. Minnesota Power says that he was communicative at the time he was transported. His injuries were determined to be critical, so he was listed in critical condition when he arrived at St. Mary’s.

A spokeswoman for the plant said that the coal bunker facility was in the process of being filled when the explosion occurred. Fredrickson was the only employee in the area and it is not certain how the blast happened. The cause is being investigated to ensure that the accident does not happen again.

If you are the vicitm of a serious burn injury due to a workplace incident, contact a Minneapolis personal injury lawyer from TSR Injury Law today for a free consultation.

Free initial consultation. Ph: (612) TSR-TIME.

A Stillwater man has been charged with homicide for the death of Adam McCloud.

Eric Kaprice Richard, 22, is facing second-degree unintentional murder while he was committing another felony. He is also charged with manslaughter because of a fight he had with McCloud, 29, on September 28. The fight occurred at Smalley’s Caribbean Barbeque and Pirate Bar in Stillwater.

The complaint says that Richard got into an argument with McCloud over a spilled drink and that Richard repeatedly punched McCloud in the face and head, causing him to fall and hit his head on the ground. This resulted in him dying of complications from skull fractures.

Richard claimed he was defending himself after McCloud pushed him several times.

The judge set his bail at $200,000.

In the complaint, it says that a surveillance video shows the two men on the dance floor when McCloud accidentally knocked a drink out of Richard’s hand. There was a conversation between the two men before they left the dance floor. When they returned, Richard had a new drink in his hand. From then on, it appeared the men were friendly with each other, even dancing with one another and with others.

Shortly after the bar closed, McCloud was seen on the video doing what appeared to be a pushing motion. Another man then grabbed McCloud to take him away from the situation. That is when Richard was seen on the camera suddenly punching McCloud, knocking him to the ground.

The man who tried to take McCloud away from the fight told police that the argument occurred after McCloud had replaced Richard’s drink, but that the altercation was due to McCloud’s refusal to pay for it.

The witness said that the two men exchanged words, which resulted in McCloud pushing Richard. He said that McCloud did respond in self-defense by punching McCloud. Richard said that McCloud pushed him approximately four times. He said he took this as an assault, so he acted in self-defense. McCloud then fell to the ground.

The witness told police the two men had words; McCloud pushed Richard, and Richard responded in self-defense by punching McCloud. Richard was then removed from the bar.

Due to the fight, McCloud had intracranial bleeding that was caused by the skull fracture. This bleeding caused respiratory failure, which is what led to his October 4 death.

Traumatic brain injuries can be life changing for all parties involved. If you or someone that you care for has suffered a brain injury that was caused by another person, contact a licensed personal injury lawyer in Minneapolis at TSR Injury Law today.

Free consultation. Ph: (612) TSR-TIME.