Author Archive for Jen Petersen – Page 5

Injury Lawsuit in Lenawee County Will Go To Trial by Jury

Recently, a judge determined that a jury should settle the outcome for an injury lawsuit filed against Ervin industries. The jury will determine whether Ervin Industries should be held responsible for the injuries of an individual, Russell Albertson, who visited its Adrian plant. The visitor slipped on shotgun pellets on the plant floor.

The injury lawsuit is scheduled to go to trial by jury on August 16, 2016.

During the hearing that took place this past Monday before Circuit Judge Margaret M.S. Noe of Lenawee County, the attorney of the company argued that the visitor should be held responsible for failing to ensure his safety. After the hearing, Noe ruled that she could not grant a dismissal due to lack of certainty about the Russell-Albertson-Injured-at-Adrian-Plant-Lawsuit-quotefacts.

Russell Albertson, who was the man injured at the Adrian plant, claims that Ervin Industries should be held responsible for his severe knee injury. Albertson filed the lawsuit against Ervin Industries last year, but he suffered the fall on June 26, 2012. In the lawsuit, he claims that the shotgun pellets, which were manufactured at the Adrian plant, littered the concrete floor. He was on a business trip in the Adrian plant when he was invited to walk across the concrete floor. In the suit, Albertson states that he did not see the shotgun pellets before falling.

Rick Patterson of Auburn Hills, the defense attorney, argues that Albertson was informed of the risk that shot pellets could be on the concrete floors of the plant. Past rulings of the Michigan Supreme Court have determined that property owners do not need to inform visitors of a known risk. Patterson said there is no need to ensure premises are foolproof.

Patterson also argues that Albertson could have chosen not to go into the room of the Adrian plant with the spilled shotgun pellets.

The attorney of Albertson, Stuart Fraser of Mount Clemens, argued that it was not obvious that the floor was littered with shotgun pellets. Tom Howard, the plant manager, testified that he did not remember seeing the shotgun pellets on the floor before Albertson’s fall.

According to Fraser, this case should go to trial by jury, at the very least.

 

Lyft offers $27 million to settle a lawsuit filed by drivers seeking employee classification

This past Wednesday, Lyft Inc. made an offer to pay $27 million in order to settle a lawsuit filed by drivers in California. This is more than double what the company originally offered to settle the lawsuit. In this class-action lawsuit, the drivers asked to be considered employees. According to the drivers, Lyft classified Lyft-class-action-lawsuit-drivers-quotethe drivers as independent contractors while the drivers felt they should be considered employees.

The drivers claimed that Lyft classified them as independent contractors rather than employees to avoid reimbursements for various expenses. Lynx is a ride-hailing service and would have to provide employees reimbursement for expenses relating to vehicle maintenance and gasoline. Independent contractors, on the other hand, do not need to paid these reimbursements.

This lawsuit was originally filed by the California drivers in early 2013. In January, the company offered to pay $12.25 million to settle the lawsuit.

The original settlement agreement was rejected by U.S. District Judge Vince Chhabria in April. According to the judge, the settlement agreement was not reasonable and would not properly compensate the drivers.

In a prepared statement, plaintiff attorney Shannon Liss-Riordan argued that the new settlement agreement would provide adequate compensation to Lyft drivers who have invested a substantial amount of time into the company. According to Liss-Riordan, drivers who have worked for Lyft for more than half a year could receive about $6,000.

It is estimated that the settlement agreement would affect 100,000 California Lyft drivers.

In order to fulfill the proposed settlement, Lyft would need to update its terms of service so that policies regarding driver termination are more transparent. As of now, the new settlement agreement must be approved by Chhabria before it goes into effect.

Uber, which is a much larger competitor of Lyft that is also based in San Francisco, settled a similar lawsuit about a month ago. The payment could be as much as $100 million for the Uber workers. In this settlement, drivers who have worked with Uber for more than half a year could receive about $8,000. Just like with the Lyft suit, the Uber settlement does not offer a resolution in terms of whether the drivers should be considered employees rather than independent contractors.

 

Woman Sues Nye County Due to Lengthy Jail Stay of Daughter

A mother in Pahrump, Nevada claims that Nye County officials forced her daughter to unnecessarily stay in jail for more than year. In the lawsuit filed against Nye County, the woman claims that the officials ignored the orders of the court to send her daughter to the state psychiatric facility.

The mother filed the federal lawsuit on Tuesday against both Bye County and Sheriff Sharon Wehrly. According to the lawsuit, Caryssa Lennox was arrested by law enforcement in February 2014 for destruction of property and the misuse of an emergency phone number.

Two months after her arrest, Lennox was evaluated by two psychologists at the Nye County Detention Center. The two psychologists concluded that Lennox was mentally incompetent to go to court and stand trial. They recommended that Lennox receive treatment at Lake’s Crossing Center.

After another two months, a district judge in Nye County ordered that the sheriff’s office take Lennox to the maximum-security Lake’s Crossing, which is a psychiatric facility. The district attorney of Nye County and the lawyers of Lennox agreed that the 28-year-old would be treated at Seven Hills Hospital, which is a Lennox-mentally-incapable-of-standing-trial-quotebehavioral health treatment center.

The sheriff’s office neglected or refused to transport Lennox to either facility. Lennox was forced to remain in jail until October 2014 when the district judge again ordered Lennox to be transported to Lake’s Crossing. Three months later, Lennox was evaluated by psychologists and it was again deemed that she was mentally incapable of standing trial.

In the lawsuit, the mother claims that the sheriff’s office violated Lennox’s due process rights. According to Greg Cortese, who is the lead attorney of the lawsuit, an inmate is usually committed to Lake Crossing after two psychologists agree that the inmate is psychologically unfit to go to court. However, the sheriff’s office refused to fulfill these expectations in Lennox’s case.

For the third time in the span of year, the court ordered that Lennox be transported to Lake’s Crossing in February 2015. The charges pressed against Lennox were dropped in April and the court ordered that Lennox be taken to Seven Hills Hospital. Within six days after Lennox’s charges were dismissed, the women was taken to the private Henderson center.

 

Injured Woman Sues Police after High Speed Chase

Wilkes-Barre, PA

A Pennsylvania woman is suing both the city and two local police departments after being severely injured in what she claims was a mishandled car chase. During a Friday afternoon rush hour back in November, 2014, Donna Jackson’s car was allegedly struck by the vehicle of another victim of the three-car pile-up, sustaining what she claims are serious injuries.

The chase began after (now convicted) Douglas Johnson, 54, stole a 2007 dodge sedan from a local gas station. Several days later, local police spotted Johnson driving the stolen vehicle, and tried unsuccessfully to make him pull over. Sources say that Johnson then drove “dangerously and erratically,” over streets and sidewalks, with the police in hot pursuit. The chase ended when Johnson drove through a red light at the Wilkes-Barre intersection of River and West Market Streets, hitting a bystander’s car, which then hit the plaintiff’s vehicle. Jackson’s complaint states that, “Despite Johnson’s ‘aggressive driving actions,’ [the police] pursued Johnson, exceeded applicable speed limits, disregarded traffic signs and signals, failed to follow the rules of the road, and improperly pursued Johnson Jackson-high-speed-pursuit-quotethrough residential neighborhoods and commercial districts — on a Friday afternoon during rush hour.”

Jackson asserts that her alleged injuries, including “a traumatic brain injury, brain bleeding, memory loss, herniated disks, sight problems, and pain,” occurred as a direct result of police “improperly initiating and negligently maintaining the high-speed pursuit of Johnson in a manner inconsistent with policy, procedures, and law.” An affidavit filed by the police pursuer, Hanover Township police Officer Thomas Farver, primarily agrees with Jackson’s account of the geography and circumstances of the chase, but Jackson’s lawsuit goes further in assigning blame to the police for “improperly” entering the high-speed chase.

Representatives for the defendants, including spokeswoman for the city of Wilkes-Barre, Tyler Ryan, and Hanover Township police Chief Albert L. Walker, have not publicly commented on the lawsuit, each citing the grounds that it would be “improper” to comment on “pending litigation.”

The lawsuit, presented by Jackson’s attorney, Neil T. O’Donnell, seeks damages over $50,000 for what she claims has been a grueling process of medical treatment for her sustained injuries, as well as lost income, pain, and suffering. The complaint indicates that a full-recovery might not be possible for Jackson.

Tenneesee ACLU Demands End to Teen Solitary Confinement

The practice of solitary confinement has long been highly controversial both in the United States and many nations abroad. In recent years, this particular process has come under fire in the United States by many citizens and legal rights groups. America is one of the very few nations that use solitary confinement not only for adults but younger offenders. In Tennessee, officials at the American Civil Liberties Union have joined a lawsuit against the Division of Children’s Services that seeks to end the practice of putting juveniles in solitary confinement.

Solitary Confinement

Solitary confinement is the practice of placing prisoners in isolation. inmates are denied the ability to stay in contact with other inmates. Contact with family members is also restricted under this practice. “Lock down” as the practice is known, is intended as a last resort in order to help control certain inmates who may have engaged in violence against other inmates or correctional officers.

ACLU-files-suit-in-Tennessee-to-end-solitary-confinement-for-juvenilesThe Case in Tennessee

A fifteen year old male was arrested for armed robbery in the state of Tennessee. Officials at the ACLU of Tennessee argue that the Rutherford County Juvenile Detention Center wrongfully placed the young male in solitary confinement. The detainee has a history of documented developmental disabilities. He was placed in solitary confinement for five days after his arrest. Officials at the ACLU would like to see solitary confinement ended for all juveniles as well as for those prisoners with mental illnesses.

Released by a Judge

In response to this suit, a judge in Rutherford County has ordered the release of the detainee in question. The suspect had been ordered to undergo a mental health evaluation in March after he was arrested. However, this evaluation did not take place until the detainee was released from solitary confinement. Officials at the Detention Center have publicly stated that the boy probably does in fact suffer from a mental illness. The young man’s mother filed suit in Federal Court. Her lawyer and those at the ACLU hope her son’s ordeal will serve as an impetus to end this practice for all those who fall into such categories.

 

A Wrongful Death Lawsuit Delivers Justice for Grieving Family

A $250,000 judgment  awarded to a woman  in a wrongful death lawsuit relating to her baby’s death at a Topeka, Kansas daycare is being hailed for delivering a measure of justice that the criminal justice system failed to provide. The suit may also bring pressure for criminal charges to be brought in connection with the tragic case.

Mother-uses-civil-court-after-infants-death-mishandledIn 2013, Misty Durham brought her infant son, Caleb Stewart, to his daycare center, operated by Tara Johnson. According to a possibly incomplete police report, Johnson left the center after laying Caleb on a deeply-cushioned surface, rather than a crib. Her friend, Destiny McClusky, was placed in charge. At some point, McClusky realized Caleb wasn’t breathing, and contacted Johnson. Johnson returned with her boyfriend Russell Morris, called 911 and attempted CPR, according to the report. Caleb could not be revived, and was pronounced dead at Stormont Vail Hospital.

Johnson, McClusky, and Morris were named in the wrongful death lawsuit, and the Shawnee County District Court awarded Durham $250,000 — the maximum amount allowed. All three of the named defendants are ordered to pay Durham this amount.

Caleb’s mother has said that the lawsuit was her last resort in a frustrating process that resulted in no criminal charges brought against the three individuals. She alleges that the investigating officer, detective Erin Thompson of the Shawnee County Sheriff’s Office, failed to competently investigate the case. Even more troubling — Thompson may have actually falsified information in her incident report.

The Kansas Bureau of Investigation is currently looking into incidents in which Thompson may have falsified affidavits and mishandled investigations. Durham believes the investigation into Caleb’s death is one of those cases.

In cases such as these, a civil suit brings the only measure of justice currently available to Misty Durham. It is hoped that the police investigation may one day be re-opened and result in criminal charges — largely as a result of Durham’s successful civil suit. For now, Durham can find some measure of peace knowing that the day care operator and her friends have been found responsible for Caleb’s death in the civil court system.

Mother of 5 Files Wrongful Death Lawsuit

On April 26, 2016, Amber Jones, the mother of five children who were brutally murdered by her former husband, Timothy (Tim) Jones, Jr., in late August of 2014, filed a wrongful death suit against the state of South Carolina and the Lexington County Department of Social Services (DSS) for the deaths of her children.

The lawsuit alleges that DSS did not do enough to protect her children: Abigail, 1, Gabriel 2, Nathan, 6, Elias, 7 and Merah, 8, by placing them in their father’s care.  The lawsuit reports that Tim was a “well-documented child abuser” (2) and provides a timeline of reported investigations that began in 2011 following reports of neglect and “substantial risk of physical injury.” (2)  In 2013 and 2014, the children’s school filed reports with DSS; one of which was a report that Tim choked one of the children and threw one against the wall.  A babysitter made a report of abuse in 2014.  DSS reportedly showed negligence in 11 areas and only created safety plans Wrongful-death-lawsuit-5-children-father-Tim-Jones-quotein response to the investigations.

Following the murders in late August 2014, Tim was reported to be under the influence of drugs and believed his children were going “chop him up and feed him to the dogs.” (2)  Tim allegedly strangled the children to death in his home, placed them in plastic bags, put them in his vehicle, and drove around with them for six days prior to dumping their bodies in rural Alabama.  On September 11, 2014, he stopped at a traffic checkpoint in Mississippi and was taken into custody due to blood on the interior and the smell of death coming from the vehicle.  Tim is currently being held in Lexington County, SC where he waits to stand trial for five counts of murder in the deaths of his five children.

The lawsuit states, “Each child suffer[ed] a horrific, but entirely preventable death.” (1)  DSS was reported to be knowledgeable of the risks the children were in from their father and Amber is seeking damages for the “wrongful deaths and conscious pain and suffering of her children.” (2)

 

Lawsuit Alleging Discrimination Widespread at New York Times

The venerable New York Times, one of the nation’s most widely read papers, is facing an unexpected lawsuit from two employees claiming discrimination is widespread at the Times. Two black, female employees in their sixties have filed a federal lawsuit.

Widespread Discrimination

Ernestine Grant and Majorie Walker have filed the lawsuit. Both women work in advertising at the paper. The suit names two people at the times: Chief Revenue Officer Meredith Levien and Chief Executive Mark Thompson. The plaintiffs allege that Thompson actively worked to marginalize the role of women at the Times. The suit further alleges that strong older female voices are not welcome at the paper. The plaintiffs are seeking monetary compensation for the discrimination they claim to have suffered as a result of this belief system.

An Ideal Customer

NYT-quoteThe suit alleges that the paper has both an ideal customer and an ideal client in mind. They assert that the ideal New York Times customer is someone who is younger, at the top end of the pay scale and white. They further allege that the paper also has an ideal employee in mind and this employee is also young, white and in the top percentiles for income. The lawsuit asserts that Times editors do not wish to hire people who do not fit this image. Plaintiffs suggest that those with families who do not meet these criteria have been denied promotional opportunities. They also assert that any company commitment to hiring people of diverse backgrounds has been actively subverted by those in positions of power here.

Denial of These Claims

A spokesperson for the paper vigorously denies all the claims made by both plaintiffs. The spokeswoman asserts that such claims will be fought in court by the company and have no merit at all. Company officials fully expect these claims to be dismissed once the case is heard in court. As the plaintiffs point out, only four of the fourteen members of the paper’s Board of director happen to be female. A single woman has been part of the paper’s ten member of executive committee.

Allstate Lawsuit Still Class Action Despite Supreme Court Ruling Gray Area

In an effort to to avoid facing a class action lawsuit, Allstate attempted to offer a settlement to the named plaintiffs of the case Chen, et al., v. Allstate Ins. Co. To do this they set aside $20,000 dollars in an escrow account and offered a judgment on their part to Richard Chen and Florencio Pacleb, the two who are named for in lawsuit which alleges that Allstate violated consumer rights by sending texts and calls that were unsolicited. The two are seeking $500 in damages for each violation of the Telephone Consumer Protection Act that Allstate committed to go to all those affected by Allstate’s practices.

9th-circuit-allstate-rulingAllstate’s move is an answer to a Supreme Court case known as Campbell-Ewald v. Gomez, where it was decided that a defendant cannot simply pay off named plaintiffs to avoid a class action lawsuit. There was however a gray area open where it was possible for a defendant to place the monetary settlement in an escrow fund for the named plaintiffs and then enter their own judgment so as to try and avoid the class action portion, and this is what Allstate was attempting to use.

However, the Ninth Circuit Court that presided over this action that Allstate took has decided that the case still remains a class action lawsuit and that the plaintiffs, for the time being at least, can still move ahead with their case. The decision was rendered on April 16th 2016.

Allstate will most likely appeal the judgment all the way to the Supreme Court if they have to, according to the attorneys representing the plaintiffs in the case.

Whereas there had been question before about the hypothetical effect that Campbell-Ewald v. Gomez would have on cases like this, it seems there is a real world example that tests just what the decision means for large entities and those who would bring class action lawsuits against them. Going forward Chen, et al. v. Allstate Ins. Co., looks to define the legacy of the earlier Supreme Court ruling.

Woman claims she was bitten by bed bugs; Sues Albemarle County Super 8 Motel for $5 Million

Janie McFarland and her church group simply wanted to have a peaceful time in Virginia, worshiping at church services and forging connections with other Christians.  McFarland and her group from New York checked into a Super 8 motel in Albermarle County on September 13, 2014. She woke up the next morning to a horrifying sight.

She had “over 40” bites from bed bugs. When she inspected the pillow she had used, she saw spots of blood, a sight those who have suffered through bed bug infestations know all too well. This lead her to inspect the rest of the bed. According to her lawsuit, the bed was covered in bed bugs. She notified hotel management, who she claims were less than cooperative.

Bitten-bed-bug-quote“They were like we don’t know what you’re talking about, we didn’t find any bed bugs, everything is fine,” said McFarland. She claims that the mental and physical trauma, including an allergic reaction to the bites, convinced her to file suit. The alleged callous attitude of the hotel management was another factor. “Other people have probably complained and they didn’t do anything about it,” she said.

The hotel’s owners, Chaxu Incorporated, filed dozens of pages of insect inspection reports as evidence in their favor. A judge, however, recently agreed with McFarland’s claim that these reports do not pertain to bed bugs. Instead, they pertain to ants and other common insects. This ruling allowed the case to move forward.

The next step in the case is a jury trial. The trial is scheduled to last for two days. It will start on July 20th in Charlottesville. The jury will decide if the hotel is liable, and if so, how much they are liable for. The jury’s verdict may be appealed, which is commonplace in lawsuits asking for millions of dollars.