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The Wrongful Death Lawsuit Against Malibu Boats

Posted by David Brown 
· August 15, 2017 

The recent wrongful death law suit filed by Florida Personal Injury Lawyer, Don Fountain and the legal team working at Clark, La Vista, Fountain, Prather, Littky-Rubin, and Keen, and the co-counsel at the Copper Firm, has led to an NBC consumer investigation that focuses on the potential hazards of recreational boating. The lawsuit was filed on behalf of a family in Lake Worth, FL. The family lost their 7 year old son in an unfortunate recreational boating accident. The lawsuit alleges that the boat manufacturer, Malibu Boats, used an improper design for their boat and further failed to test the vessel.

 

How Did The Accident Take Place?

 

Ryan Batchelder, the 7 year old who died in the boating accident sustained fatal injuries after being washed out of the seat of the Malibu Response boat. The bow of the boat swamped and dipped causing it to take on water and washing Ryan and one of his family members overboard. The driver of the boat tried to reverse the boat to prevent it from sinking, but to no avail. Ryan was entangled on the boat’s propeller and died from blood loss and drowning.

 

Findings by NBC

 

Investigations into the case have found that the authorities at Malibu Boats had expressed concerns regarding the design of the boat that caused Ryan’s death. Their concerns address the new design of their boat that put additional seats to the bow and added more weight on the front of the boat. Malibu Boats claims that it tested this new design but they had no records or documentation of such testing.

 

Apart from highlighting the dangerous practices involved in designing recreational boats, NBC has raised questions regarding the regulations that allow manufacturers to test their own boats instead of a government agency such as the U.S. Coast Guard. Currently, the U.S. Coast Guard’s authority with regards to recreational boats is focused on the safety equipment stored in these boards and enforcing laws on the water.

 

The legal team representing Ryan’s family intends to use this lawsuit to get justice for the child and his family, and to lobby for changes in the recreational boating sector that will focus on public safety.

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Greenpeace to Bleed More than $900 Million

Posted by David Brown 
· August 10, 2017 

Recently, Energy Transfer Partners filed a lawsuit against Greenpeace.

The Dakota access developer accused Greenpeace as well as other environmental groups of inciting eco-terrorist groups to spread wrong information about the Dakota Access Pipeline. According to the lawsuit, Greenpeace launched the eco-terrorism campaign seeking to block the pipeline.

The suit has already caused the accused at least $300 million, and they could even end up bleeding more cash. Also, with the suit in place, the future of environmental activism could experience hurdles.

This federal lawsuit is set to be big, especially since it was filed by attorneys who also happen to work for the same New York firm that represents Donald Trump, the US president. The suit was presented at the US District Court for the District of North Dakota.

The Dakota pipeline operator and developer claims that Earth First, Greenpeace and the other rogue organizations took part in the misleading campaigns so they could solicit more donations and run their business or political agendas.

In the lawsuit, the Energy Transfer Partners continue to argue that the actions of the environmental activists caused damage not only to the pipeline but also to the people and property along the pipeline’s route.

The Dakota Pipeline began shipping oil in June 2017. It was constructed so that it could deliver oil from North Dakota to the Midwestern refineries.

There have been several other protests over the pipeline in the previous years. Tribes such as the Standing Rock Sioux vehemently protested against the pipeline in fear of their drinking water being polluted and their archaeological sites being tampered with.

During his reign, President Obama had ceded to the cries of the tribes and stopped the project. However in January this year, President Trump gave an executive order that facilitated the completion of the pipeline construction.

In the suit, ETP is seeking triple damages, which means that the accused could end up paying fines worth at least $1 billion. However, according to Greenpeace USA counsel, ETP is just another corporate bully out to harass public participants.

According to the USA counsel, Energy Transfer Partners is only seeking to silence free speech.

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“He can run anytime he wants. I’m giving him the red light.” ~ Yogi Berra

Posted by David Brown 
· August 8, 2017 

In 2014, the Chicago-Tribune  investigated Chicago’s “red-light camera system” responding to claims of increasing dangers on the city’s streets. Their investigation confirmed that nearly 40 percent of equipped intersections had become more dangerous!

  • Rear-end collisions increased by 22 percent.
  • Those intersections that rarely saw vehicle mishaps were now actively involved.

Their investigation exposed a $2 million City Hall bribery scandal. John Bills received a 10-year sentence for accepting hundreds of thousands of dollars for directing massive red-light camera contracts to Redflex Traffic Systems Inc. ~ an amount equal to thirteen percent of Redflex’s worldwide revenue.

Federal testimony revealed that Bills took bribes up to $2,000 for each of the 384 cameras installed. The investigation also discovered:

  • Malfunctioning cameras
  • Inconsistent enforcement policies
  • The issuance of millions of dollars in tickets despite the fact that transportation officials were aware that ‘yellow-light times’ had dropped below federal minimum guidelines

2015

Lawsuits were filed alleging that the city violated its own rules by mismanaging the $600 million red-light program. Allegations included:

  • Failure to send a second violation notice before guilt was determined.
  • The doubling of fines for late payments before allowed to do so.

2016

A Cook County judge approved “class action status” for the existing legal actions.  The judge’s rule created a significant increase in City Hall’s exposure to liability.

And today

Rahm Emanuel’s mayoral administration has agreed to pay $38.75 million to settle a class action lawsuit that alleges that the city failed to give sufficient notice to alleged red-light camera violators. Under the agreement, people who were ticketed from 2010 to 2015 will be reimbursed. More than 1.2 million people may receive a refund equal to half of their fines paid. Those eligible will receive written instructions as to how to collect their refund. Additionally, the city will:

  • Forgive $12 million in unpaid tickets
  • Disqualify violations that might result in car boots or suspended licenses

By 2018, the city will receive a $10 million bribery scandal settlement from Redflex . This amount will be added to the city’s allocation of $26.75 million within the budget. The city will first use available operating funds ,and then use bond proceeds when necessary.

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Lyft Policies Under Scrutiny in New Lawsuit

Posted by David Brown 
· July 27, 2017 

The rights and responsibilities of the major ride-sharing services have been called into question frequently over the past few years.  Lyft, which is one of the top ride share services in the country, is now a defendant in a civil lawsuit that is quickly gaining national attention.

The plaintiff in the lawsuit, Josie Saint Fleur, is the mother of Karenine Saint Louis, a 13-year old girl who died in a terrible car crash on July 9, 2017.  The lawsuit alleges that the girl took a Lyft ride to the home of Jimmy Aguirre, a 17-year old, at 5:30am.  When she arrived at his home, she got into his pickup truck and soon after died when the truck drove into two trees just outside of Lantana, FL.

The lawsuit has named several co-defendants including Aguirre, Aguirre’s mother, Lyft’s corporate entity, and the Lyft driver that is believed to have taken Saint Louis from her home to Aguirre’s home.  According to state records, Aguirre only has a Class E learning permit and not a full drivers license.  This means that Aguirre was required by law to have an adult over the age of 21 with him whenever he is driving a car.

Lyft and its driver are facing even further scrutiny for its role in the event.  According to Lyft’s corporate practice, the company is not supposed to pick up any passengers that are under the age of 17.  The lawsuit states that the driver of the Lyft should have requested the girl’s ID and refuse the ride if the girl could not provide a valid ID.  There is even a 24-hour call line for Lyft drivers to use in these types of events.

At this point the Palm Beach County Sheriff’s Office has yet to file any criminal charges, although it has acknowledged that the investigation is ongoing.  The local reporters looking into the case and lawsuit have not been able to receive any comments from Aguirre, his family, Lyft, or the Lyft corporate office.  Friends and family of Karenine have created a page online in hopes of raising enough money to pay for her funeral.

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Contaminated-scope law

Posted by David Brown 
· July 25, 2017 

After Richard Bigler’s death due to pancreatic cancer caused by a contaminated Olympus scope, Theresa Bigler filed a lawsuit against Virginia Mason Medical Center. In turn, the hospital filed a case against their supply company, Olympus. However, a 12-member jury determined that the hospital also shared some blame and thus they needed to compensate the affected family. The compensation was set at $1 million whereas Olympus was ordered to pay $6.6 million damage fee for a superbug outbreak which had affected the hospital’s reputation.

Olympus was impressed with the jury’s decision, and one of its officials gave a condolence message to the Bigler family on behalf of the company. In their statement, Olympus appreciated the jury for acknowledging that their duodenoscope design was safe and was not the cause of Mr. Bigler’s death. However, the jury blamed Olympus for failing to give adequate warnings regarding the scope and also instructions on how to safely use it. This, according to the jury, led to the death of Bigler and also ruined the reputation of Virginia Mason Medical Center. One member of the jury claimed that Olympus hadn’t been playing by the rules for a long time and hence the verdict was appropriate since it held the company accountable.

According to the jury, Olympus was supposed to prioritize patient’s safety over their profit gains. One of the Olympus experts admitted that trials and lawsuits could help in behavioral change hence the ruling would most probably convince Olympus and other device managers to work by the rules. Most medical and legal experts were surprised at how Olympus fared in the case considering that there were numerous similar lawsuits against the company.

There are more than 25 families and patients who have sued Olympus due to wrongful deaths, negligence, or fraud. As a result, federal prosecutors are investigating Olympus to determine their potential role in patient infections. Considering that Olympus duodenoscopes are used to treat and diagnose problems in the digestive tract such as bile duct blockages, cancers, and gallstones, it is imperative that the devices are made with utmost precision.

Evidently, Olympus acted recklessly by failing to warn U.S. hospitals about previous superbug outbreaks and also for not fixing an outright design flaw in their scope which made disinfection and cleaning hard. On the other hand, the hospital should have asked for a cleaning and disinfection manual from Olympus to ensure their patient’s safety. All in all, the decision was fair for all the affected parties.

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Bold Move by Orange School Board Approval of Joint Court case on New School Regulation

Posted by David Brown 
· July 20, 2017 

The School Board at Orange County agreed to support the proposed lawsuit challenging segments of a controversial education law passed by the Florida Legislature this spring. Orange School Board is the 10th district to join the multi-school-district campaign on the new school regulation.

Board members are outraged against the unconstitutional provisions contained in the law, HB 7069, linked to funded charter schools run by private groups publicly. “This is not about whether we are pro-charter or anti-charter,” Chairman Bill Sublette said. “This is about upholding the Constitution of the state of Florida.”

Orange County has more than 30 charter schools — requiring board approval to operate but overlook the law and go ahead without the necessary approvals.

Expressing further on his views regarding the contentious issue, Bill reiterated the importance of the new law to curb teaching malpractices and the need to share local taxes with all stakeholders. Orange County does not have public schools but wholly relies on school boards to regulate the available earning institutions.

The Orange board intends to send a letter to the county legislators expressing the importance of those questionable segments of the law, that if removed, the Board shall pull out from the lawsuit.

“We’re willing to work with you, but we want to see some changes,” said board member Joie Cadle. “And if we have to, we’re willing to fight this out in court.”

The deeply dissected Education Act— has been divisive since its inception. Many educationalists pushed for its veto, but Governor Rick Scott signed it in June, in Orlando.

Nevertheless, key supporters of the legislation, among them, House Speaker Richard Corcoran, said the bill seeks to progress public education. It gives students under the current public school’s system by giving students another studying option outside their district schools. Mr. Corcoran described the bill as being comprehensive and revolutionary. He insisted that the reforms will leave a mark on the state’s history.

In his article featured in the Sun-Sentinel, Corcoran retaliated at the school board members pushing for legal redress saying that certain school districts are terrified of innovations that school going children deserve while spending the taxpayer’s money to preach against this opportunity.

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Arm Amputation on Railway Attributed to Negligence

Posted by David Brown 
· July 18, 2017 

The allegation of negligence plays the central role in a recent lawsuit brought against Pan Am Railways. Matthew Larson brought the suit against his former employer, Pan Am Railways, claiming that their negligence is directly responsible for him losing his arm.

On the night of December 15, Larson was signaling a countdown of cars so that the engineer would know when to stop. The process involved Larson holding a lantern with his left arm while maintaining contact with the locomotive. As the train came around a slight curve, an unidentified object knocked Larson from the train, causing him to fall in such a way that his arm fell across the tracks. The train, which was traveling roughly seven miles per hour, amputated Larson’s arm just below the shoulder.

The suit alleges that Pan Am failed to clear objects that could pull an individual from a train out of the area of the train’s path—such as tree limbs, which is what purportedly knocked Larson from the train. Additionally, Pan Am is accused of failing to warn Larson of the dangerous conditions and of not suspending work due to those conditions, which included darkness and heavy snowfall that resulted in extremely poor visibility, reads the suit.

Larson was transported to a hospital for emergency care, but will have to undergo more surgeries, be outfitted with a prosthetic left arm, and receive training to use the arm. The suit describes Larson as a “strong able-bodied man” who is 22 years of age. The suit also states that “by reason of his injures, [Larson] lost considerable time from his regular occupation” and will likely not be able to return to employment with Pan Am. Larson is seeking unspecified monetary compensation. So far, Pan Am has not released a statement, citing a company policy against commenting on current litigation.

The accident happened in Glenville, New York, near the Glenville Industrial Park off Route 5. The Glenville police reported that the Pan Am police would be handling the investigation. The initial police report stated that Larson had slipped on ice rather than having been knocked from the train.

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City Reaches a Nearly $3 Million Settlement With Castile Family

Posted by David Brown 
· July 13, 2017 

The city of St. Anthony, MN has agreed to pay a settlement of $2.995 million to the family of Philando Castile. Mr. Castile was shot and killed in July 2016 by a police officer employed by the city. The officer, Jeronimo Yanez, was acquitted in June 2017 on criminal charges that included manslaughter. Valerie Castile, the mother of Philando, receives the settlement as the family’s trustee.

The original shooting and subsequent trial of officer Yanez made national headlines and sparked protests. Mr. Castile, who was African-American, was in his car with his girlfriend and her 4-year-old daughter when he was pulled over by the officer for a broken taillight. According to Castile’s girlfriend, the officer shot him five time despite Mr. Castile cooperating and  informing the officer that he was armed. The shooting was captured on a dash camera in the police car, and the aftermath was recorded by Mr. Castile’s girlfriend, Diamond Reynolds.

Officer Yanez claimed in court that he believed Mr. Castile fit the description of a man wanted for robbery, and that Mr. Castile was not listening to commands and reached for his gun. Prosecutors argued that Mr. Castile was trying to put the officer at ease by telling him he was armed, and Ms. Reynolds told the court that Mr. Castile was reaching for his driver’s license at the officer’s request. The jury believed Officer Yanez, and his acquittal sparked protests that included shutting down a Minnesota highway.

The $2.955 million settlement will be paid by the League of Minnesota Cities Insurance Trust, allowing the city to avoid a potential lawsuit from Mr. Castile’s family. His girlfriend Ms. Reynolds, does not receive part of the settlement, which leaves the door open for her to make her own claim. Because the city’s claim limit is $3 million per incident, if Ms. Reynolds wins a suit the insurance company would pay out only the remaining $5,000. The city of St. Anthony would be liable for the remainder of any settlement or court judgment. The city has undertaken a voluntary review of its police department’s interactions with the public through the Office of Community Oriented Policing Services at the Department of Justice.

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$10.7M Payment Ordered by Jury in Traumatic Brain Injury Case

Posted by David Brown 
· July 11, 2017 

In June 2017, a Los Angeles jury awarded $10.7 million to a young girl after determining that her traumatic brain injury was caused by an auto accident. The girl, who was ten years old at the time of the accident, received the verdict following unsuccessful settlement negotiations in which her lawyers asked for $2.25 million and the defendant countered at $1.25 million. Economic damages made up $6.78 million of the judgment, with the remainder awarded for non-economic damages.

The driver of the vehicle that struck the car in which the young girl was a passenger admitted his guilt in the accident. His lawyer argued that the girl had a pre-existing intellectual development disability that led to her brain injury. The girl’s attorney argued that while the girl did have a learning disability, it was the accident that caused the brain injury and led to an 11-day stay in a pediatric intensive care unit.

After a nine-day trial, it took the jury just two days to order the verdict in favor of the girl.

California law dictates that even if a plaintiff is unusually susceptible to injury, defendants cannot avoid their liability if they are responsible for injuries from car accidents in which they were at fault. While the girl in this case may well have been more susceptible to a traumatic brain injury because of her learning disability, this determination is not relevant in terms of whether the defendant had to pay for her injuries.

Defendants in California cases are not liable for damages related to a pre-existing condition, but they are responsible if that condition worsens or is aggravated. In this case, the girl suffered from moderate but permanent brain damage that was a direct result of the auto accident. The fact that she already had a visual processing disorder did not play into the jury’s decision under California law, as it was clear that the accident caused additional harm. The $10.7 million judgment against the defendant is to cover the costs the young girl will incur over the course of her lifetime due to her traumatic brain injury.

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18-Wheeler vs. Sagging Verizon Telephone Line

Posted by David Brown 
· July 6, 2017 

Court records indicate that a case was filed in Allegheny County Common Court in April 2016 against Verizon Communication Inc. This came after two brothers, Robert and Richard Hetrick, hit a sagging Verizon phone line while hauling a load of televisions during the night of November 17, 2014 driving on their way to New York City. This occurred on Route 40 in the rural area of Addison Township in Somerset County. The incident caused $16,000 in damages to the 18-wheeler by hitting and breaking the windshield and is said to have caused personal injuries to the two men as well.

According to the the lawsuit, a Verizon telephone pole and parts of its legacy copper-line networks owned by Verizon in Pennsylvania had not been maintained properly by the company which resulted in sagging lines.

The poles were not checked properly by the company when Verizon began their focus on investments with more updated wireless and FIOS TV and internet Services and failed to take measures to get rid of poles no longer needed for use by the company.

Verizon was unwilling to comment about the incident due continuing litigation; however, the attorney for the Hetrick brothers, Carlyle “CJ Engel” pointed out that there is proof that pole was installed in 1943 and was not a “double pole.” At the time of the investigation, Verizon still had not given proper records or documentation to prove that the pole had been inspected since its original install in 1943.

Furthermore, the lawsuit also claims that several poles near the crash scene along Route 40 are also leaning and a danger for future incident to occur if not removed. The poles were said to have some of the leaning poles also having “had makeshift ‘extensions’ bolted to the top of the poles with utility wires relocated to these extensions.”

In the settlement against Verizon brought on by the Communications Workers of America; the issue is to remedied by the removal of the estimated 15,000 poles over the next three years by Verizon in order to keep any future reoccurrences from possibly happening again.

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