Law Office of Richard Rizk News

Hit, run, jail ...

Thu, 10 May 2012 08:53:25 MDT

On July 30, 2011 Artyom Pavlenko had someplace to go. Now he will be going someplace else…jail. He will go there following his “hit and run” conviction this week.

An investigation revealed 29 year old Pavlenko purchased beer the night of July 30. Then, at about 1am later that night, Mr. Pavlenko drove his vehicle on SE Mather Road in Clackamas, Oregon. Near S.E. Mather and SE Summers Lane Mr. Pavlenko’s vehicle struck 18 year Michael “Mikey” Vu who was then riding his bike home in a bike lane.

Vu was a recent graduate of Clackamas High School. At the time of his death he was working and caring for his disabled father.
Mr. Pavelenko eventually accepted responsibility for his action, but at the time of the event he did not. Evidence at the crime scene suggests that Mr. Pavelenko did not brake. And, after striking Mr. Vu, he drove off.

Over 10 hours after the incident Mr. Pavelenko turned himself in. He would eventually plead guilty to failure to perform the duties of a driver to an injured person.
This week Clackamas County Presiding Judge Robert D. Herndon imposed the maximum “hit and run” sentence for that offense: 18 months. That equals one month of confinement for each year of Mr. Vu’s life. Mr. Pavlenko avoided a drunk driving conviction although relatives of the victim suspect alcohol was played a role in Mr. Vu’s death.

When a motor vehicle collision occurs, Oregon Law requires motorist involved to do 3 things:

1. Stop
…in a safe place close to the collision site.

2. Help
…by reasonably aiding those injured. Stay until police arrive.

3. Inform
… others involved: 1.your name; 2.address; 3. DL #; 4. Plate #; 5. auto insurance

Richard Rizk is an Oregon lawyer helping persons hurt or killed in motor vehicle crash caused by another. He can be reached at (503) 245-5677 or rich@rizklaw.com.

Oregon�s Mandatory Boating Safety Courses ...

Wed, 09 May 2012 09:54:01 MDT

This weekend should be the first “real summer” of 2012. Temps will reach 80! So let’s jump in the boat and take off…

Not so fast. Boaters who operate a vessel powered by more than 9.9 horses must complete an approved boating safety course, available online or in person. The Oregon State Marine Board has approved a few private vendors to administer the course. Two of the three approved vendors charge about $30 for the online course. Boats U.S. Foundation is the only private vendor to offer a free online course. Go to www.elearning.boatus.org to sign up for that course. Passing the test requires a 70% or better score. Once you pass the test print out completion certificate, complete the application and mail it the Oregon State Marine Board with a $10 check or money order. Once your application is processed you and your friends are ready to enjoy Oregon Waterways.

In the late 1970s Richard Rizk taught boating skills and safety at Wisconsin Y.M.CA. camp. He has sailed and lived on vessels moored on Lake Michigan and the Columbia River. Richard Rizk can be reached at rich@rizklaw.com or by calling (503) 245-5677.

How is suicide linked to brain injury? ...

Mon, 07 May 2012 20:41:39 MDT

On February 17, 2011 Chicago Bear football great Dave Duerson killed himself after a painful struggle with neurodegenerative disease stemming from concussive syndrome. More recently, San Diego defensive football legend Junior Seau did the same. Junior received and administered many hard hits during his years on the gridiron. Still, the interplay between injury and sucide is not fully yet understood.

In 2007 suicide ranked 10th as a cause of death in the U.S. with over 34,500 dying from self- inflicted causes that year. For persons with a traumatic brain injury, the risk of death by suicide jumped fourfold.The best evidence of cause of death in these cases may be the brain itself.

After donating his brain to science, Boston University researchers confirmed that Mr. Duerson did indeed suffer from severe traumatic brain injury. Now, the family of Junior Seau is also considering a brain autopsy to clarify the role of traumatic head injury in Junior's death.

One thing is clear… traumatic brain injury plays a greater role in suicide than once thought. More studies will bring more clues. In the meantime, protect your head and avoid head hitting activities.

Richard Rizk is an attorney who helps people injured due to the fault of another. He can be reached at rich@rizklaw.com or (503) 245-5677. For more information go to www.rizklaw.com .

�The Birds-2012�...

Sat, 05 May 2012 16:17:17 EDT

In Alfred Hitchcock’s 1963 cult classic “The Birds”, unsuspecting beach town residents are brutally attacked from the sky by, well, birds. Terrifying in 1963, the Hitchcock coastal village bird attacks now seem ridiculous.

But birds are striking back… for real. Birds more recently re-gained international fame in 2009 when US Airways pilot Sully Sullivan heroically landed his jet on the Hudson River after birds struck the airplane he piloted.

Since 1990 bird/airplane collisions have increased from 2,119 annually to over 10,000 in recent years. Events of recent days foreshadow another possible serious air collision, or many.

For example, on April 19 Vice President Joe Biden’s “Air Force Two” collided with three birds while landing in Santa Barbra, California. That same day, a plane transporting Secretary of State Hillary Clinton was hit by birds somewhere over France or Belgium. And, last Tuesday a Jet Blue flight aborted a landing in Palm Beach, Florida because of flocks of birds near the airport.

The FAA attributes the increase in bird strikes to more flights, quieter engines and more birds. No solution is evident. Meanwhile, birds plot their next attack.
Richard Rizk can be reached at (503) 245-5677 or at rich@rizklaw.com

Oregon Attorney General Quits ...

Sat, 05 May 2012 16:17:17 EDT

Oregon Attorney General John Kroger announced today that he will quit his job this early this summer before the end of his term. Last year, citing a health concern, AG Kroger announced that he would not run again this year. Kroger said today he now intends to head Reed College instead.

Friday, a Marion Court Circuit Judge Thomas Hart ruled that the Oregon Justice Department deliberately withheld pertinent documents violation of Oregon's Public Records Act. Apparently, Mr. Kroger found another job over the weekend.

Richard Rizk endorses Judge Ellen Rosenbaum for Attorney General. Richard can be reached at rich@rizklaw.com or at (503) 2455677.

Oregon Justice Slipping Away...

Sat, 05 May 2012 16:17:17 EDT

Oregon courts have steadily cut staff over the last three years. On May 1 it will eliminate 95 additional full time positions for a total loss of 286 since 2009 (17% of total).

Who cares? You do. Layoffs translate to longer waits and less attention to detail.

But what if Oregon courts closed? To save money, Oregon courts will close its doors nine additional days over the next year. When courts are open, remaining employees will work fewer hours as after May judicial employees will be required to take five additional days off without pay.

If you have a case in the Oregon Court system and believe your access to justice has been compromised, tell your story. Oregon Supreme Court Chief Justice Paul De Muniz might be a good place to start.

Richard Rizk is a Portland personal injury attorney. He can be reached at (503) 245-5677 or at rich@rizklaw.com.

Commercial Drivers' Hang up ...

Sat, 05 May 2012 16:17:17 EDT

Businesses frequently communicate with employees—whether or not the employee is driving and whether or not the employee is using a hands free device. That may be changing.

Since January 2012 federal law prohibits hands free mobile telephone use by “commercial motor vehicle” drivers. A commercial motor vehicle is defined to be a vehicle weighing over 10,000 pounds crossing one or more state lines for business and all vehicles over 26,000 pounds. The new rule imposes a federal civil penalty of up to $2,750 per offense and suspension or revocation of commercial license for drivers who commit multiple offenses. Companies allowing drivers to use hand-held mobile phones while driving face a penalty of up to $11,000. The law applies to millions of drivers from mom and pop stores to giants such as Fed-Ex and Wall Mart.

In addition to fines, companies and drivers who violate the law can expect civil suits from victims where mobile phone use occurred at or around the time an accident occurred. Illegal mobile phone use can usually easily be verified by mobile phone company records. These records are especially should the truck company or its insurer deny responsibility for crash consequences.

Long lonely hauls create great temptation drive ‘n chat in violation of law. On the other hand, proper focus on the road will save thousands of lives. Think of that this April: National Distracted Driving Awareness month.

Richard Rizk is an attorney who protects the rights of persons injured in trucking accidents. He can be reached at rich@rizklaw.com or (503) 245-5677.

Kozlowski weary of bar scene ...

Sat, 05 May 2012 16:17:17 EDT

Yesterday, a New York state parole board ruled that former Tyco CEO Dennis Kozlowski will remain behind bars. In 2005 Kozlowski was convicted of looting about $600 million from global corporate giant Tyco. Meanwhile, Kowzlowski and his then wife lived a rock star lifestyle. In reaching its decision, the board stated:
“This panel concludes that discretionary release is not presently warranted due to concern for the public safety and welfare.“ Responding to the decision, Mr. Kowzlowski through his attorneys expressed “extreme disappointment”. No comment yet from the people he ripped off.

A Bridge to Somewhere ...

Sat, 05 May 2012 16:17:17 EDT

For years few ventured to Portland’s South Waterfront. The Willamette River cuts off east access while I-5 isolates the neighborhood from the west. Happily, Portland’s South Waterfront neighborhood will soon link to the Corbett-Lair Hill neighborhood via a 700 foot long pedestrian / Bicycle Bridge spanning I-5 at SW Gibbs Street ( from to S.W. Kelly to S.W. Moody Ave, above). The bridge dubbed the “Gibbs Street Pedestrian Bridge” is slated to open by late May, 2012.

The Gibbs sky bridge accesses Oregon Heath Science University with downtown Portland via street car, bike or walking path. The OHSU main upper campus is easily accessed from tram bottom, at the OSHU waterfront building near the banks of the Willamette. The bridge cost $6.7 million is constructed as steel box girder bridge type. On the lower waterfront end at S.W. Moody Avenue an elevator large enough for bikes and mobility devices will rise humans above I-5 for the crossing. Outdoor stairs with a wheel grove will help bicyclists navigater bikes there.

Attorney Richard Rizk is located at 0434 SW Iowa Street near S.W. Mac Adam & S.W. Iowa, about 1.5 miles from the Gibbs Street Pedestrian Bridge. He can be reached at (503) 245-5677.

U.S. Health Care 2.0 ...

Sat, 05 May 2012 16:17:17 EDT

Two years after passage of the federal health care law, the United States Supreme Court is considering its constitutionality. Early comments by Supreme Court Justices suggest that the Court is considering striking down the entire law.

But, salvaging the law after a Supreme Court wrecking ball may prove an impossible feat. Realizing this, some states including California are working on ways to keep key features of the law intact in their states. Key health care provisions which may survive in some states, regardless of Supreme Court decision, may include guaranteed coverage for children and mandatory health insurance purchase requirement. Stay tuned.