Author Archive for Jen Petersen – Page 7

Staten Island Hoverboard Accident Leads to Negligence Lawsuit

This past Christmas every kid wanted a hoverboard. The idea of gliding through the air like Michael J. Fox in Back to the Future proves appealing to them. Some parents bought the $400 boards to keep pleading kids happy.

Though many find this product too expensive, those who do make the purchase will find they now have the most popular kid on the block. Everybody wants to be friends with the owner of a futuristic hoverboard. That cultural relic known as the skateboard does not cut it any longer.

hover-board-lawsuitHoverboard Accidents Causing Concern

A ride on a hover board, a contraption straight from the sci-fi movies, can be a dream come true. That is until there is an accident. Then flying around on a hoverboard loses some of its appeal. Such was the case in New York when a hoverboard began emitting smoke, causing injuries to a 12 year-old boy and damaging the house.

Michael Cerullo, a Staten Island resident, received a Swagway X1 hoverboard as a Christmas gift from his grandmother. Perhaps his months of pleading wore down her resolve.

On January 3, Michael and his younger brother were playing with the Swagway X1 when smoke, fire and batteries began shooting from it.

A neighbor had to come help put out the flames. A few days later the boy experienced breathing problems. A doctor diagnosed him with severe smoke inhalation. His mother also claims her son suffers from trauma.

The family filed a lawsuit to recover for the physical damage to their home. They accuse Swagway of negligence. There was a safety misrepresentation, according to the court paperwork. Swagway placed a Underwriters Laboratories certificate on the Swagway X1 hoverboard box. Unwitting customers believed the device safe. It turns out the certification was not official.

Federal Recall Possible

Even the federal government has gotten involved. It sent a letter to Swagway demanding compliance with safety regulations. Between December 2015 and February 2016, Swagway hoverboards caused at least 52 fires. Families have lost up to $2 million as a result.

As for now, the hoverboards remain available for purchase. Only time will tell whether the authorities will recall the vehicles. Meanwhile, users should be aware of the possible danger.

Anyone hurt should contact a personal injury attorney to discuss just compensation.

 

Black Sunday Firefighters Receive Justice

On January 23, 2005, a fire in a Bronx apartment building located on E. 178th St. broke out. The New York Fire Department was called to the scene, where members of the department worked to rescue the people trapped inside the building. Unfortunately, six firefighters died or were seriously injured during the fire.

fire-fighters-diedDuring the subsequent investigation, of the fire, now known as the Black Sunday Fire, multiple sources cited the lack of safety ropes as the main reason why the firefighters died. The investigation also revealed that the landlord had illegally subdivided the apartment, making it next to impossible for rescue teams to navigate through the building. The poorly constructed dividing walls were not only difficult to navigate through, but also made it impossible for the firefighters to reach the exits of the building. Six of the firefighters on the scene choose to jump out of a window on the 5th story of the building rather than burn to death.

Two of the firefighters were immediately killed upon impact. A third firefighter, Joseph DiBernardo, had his feet and heels crushed from the impact. He died in 2011 from the physical and psychological impact of his injuries, according to court documents. Three other firefighters sustained injuries but survived.

As a result of the fire, families of the firefighters filed suit against the city and the landlord of the building. While one family settled out of court, the other five pressed forward with the suit.

During the trial, it was revealed that the firefighters had been issued safety ropes in the past, but all of the ropes had been removed from fire stations in 2000. The city claimed this was part of an attempt to reduce the weight of equipment carried by firefighters into the building, but was unable to show any documentation that this was, in fact, the reason the ropes were removed.

This week, a jury has awarded $183 million to the five plaintiffs. The ruling found that the city was 80% responsible for the deaths and injuries.

Chicago is No Flint: Citizens Fight Back Over Water Contamination

In the wake of the Flint water crisis and close scrutiny of municipal resource use, Chicago residents filed a huge class action lawsuit against the city. These residents allege that the city of Chicago began many construction projects knowing that they would increase the likelihood of lead in the drinking water supply. The city allegedly did not warn its residents of this increased risk, nor did they try to educate the populace on ways to reduce the risk of being contaminated by lead.

Drinking Chicago Water is Like Playing Russian Roulette?

Chicago-water-lawsuitMunicipal resource expert Marc Edwards made the above reference in response to the allegations of Chicago residents against the city. His statement seems to coincide with the behavior of city officials stated in the lawsuit. Chicago apparently gave inaccurate information to its residents about the ongoing construction, even as studies showed that the projects could actually release lead into the water supply for years after the construction had been completed.

The city currently states as policy that simply running the water through a tap in a household is enough to combat the release of lead into the supply. However, they fail to mention the corrosion of the pipes that the construction would likely cause according to the lawsuit.

Did the City Know the Risks?

The lawsuit is seeking medical compensation for residents of Chicago that have been affected. There is also a fund created specifically to educate Chicago about the hazards that the city’s construction projects are causing.

Are You Yuriy Ropiy?

Yuriy Ropiy is one of the named plaintiffs in the lawsuit. Ropiy suffered unexplained issues with his health including symptoms of a heart attack. Not surprisingly, Ropiy and his wife lived next to a construction project that the city recently conducted.

Steven Berman, managing partner of Hagens Berman, is the firm that is taking the class action to court. If you are a resident of Chicago and you believe that you are at risk of lead poisoning because of recent construction around the city, you are advised to contact Hagens Berman.

Woman from Hamilton County files $1.75 million lawsuit for excessive force

A woman from Hamilton County filed a lawsuit for $1.75 million. In this lawsuit, Nancy Mason, a 61-year-old woman, claims that six law enforcement officer used excessive force against her while she was in custody.

According to Nancy Mason, she cooperated with the law enforcement officers when they booked her on March 21, 2015 into the Hamilton County Jail. According to her, they patted her down, found no weapons, and began to take away her possessions. Nancy Mason refused to allow them to take her earrings and she told Sgt. Rodney Terrel that she would report the incident.

Jury-trial-

According to the lawsuit, Sgt. Rodney Terrell unholstered his taser and shot her without warning. Mason claims she fell to the floor and fractured one of her wrists in the process. As she was on the floor, Terrell still had the taser trained on the frail woman, according to the lawsuit. He then asked Terrell once more to give the earrings to them for safekeeping.

In the lawsuit, Nancy Mason claims that she was tazed after less than 25 seconds of talking to Sgt. Rodney Terrel. According to the lawsuit, the county has yet to take any action against Sgt. Rodney Terrell or the deputies for condoning the use of excessive force. Matt Lea from the Hamilton County Sheriff’s Office says the five deputies are on duty still. However, they have been assigned to the department’s Corrections Divisions.

According to Kyle Miller, who represents the Chattanooga Police Department, Nancy Mason made no complaints against Greg Tate, who is the police officer who initially arrested her. Mason was arrested for charges of theft of property of a value over $500. According to court records, Mason pleaded guilty and was put on house arrest for six months.

Robin Flores, Mason’s lawyer, declined to make a comment. The lawyer claimed that the lawsuit more than speaks for itself. The lawsuit claims that the city and county inadequately trained its law enforcement officers. The lawsuit mentions a few examples of abuse at the hands of law enforcement, such as the Adam Tatum case. The suit calls for a jury trial and compensatory and punitive damages of at least $1.75 million.

OxyContin Lawsuit Costs Manufacturer $24 Million in Settlement Agreement

OxyContin has been linked with drug abuse for years, and the prescription painkiller’s manufacturer is finally being held financially responsible for it. Purdue Pharma now has to pay a total of $24 million to the state of Kentucky as part of a legal settlement.

24-million-settlementKentucky officials sued Purdue Pharma back in 2007 after claiming that the manufacturer falsely marketed OxyContin as non addictive. While the drug was designed to be released gradually over a 12-hour period, it didn’t take long for some people who took it to find a way to get high from it. These users crushed OxyContin pills before taking them instead of swallowing them whole as the directions stated, making them instantly high. Kentucky officials stated that this discovery caused a large number of addictions in the state, especially among coal miners with injuries, which resulted in skyrocketing medical costs.

Although Purdue Pharma tried to settle the Kentucky lawsuit quickly with a proposed payment of $500,000, the state would not accept the offer. Instead, the state moved forward with the lawsuit, which officials believed to be worth millions of dollars or even close to one billion at the time. While the lawsuit continued, Purdue Pharma took steps to make OxyContin safer for consumers to take for pain relief. In 2010, the company released a newer version that is designed to prevent abuse.

Despite the recent settlement agreement, which was reached in late 2015, the drug manufacturer still has not admitted to doing anything wrong while marketing OxyContin. Instead, the company has been working on developing additional painkillers that deter abuse and offer safe forms of pain relief. Under the settlement agreement, Purdue Pharma must make two payments of $12 million to Kentucky. The company has a total of eight years to make these payments, which the state will then use to set up addiction treatment programs to help those who have been affected by this drug.

Milestone Study Links Sleep Deprivation with False Confession

When Damon Thibodeaux confessed to the rape and murder of his 14-year old cousin Crystal Champagne in Louisiana in 1996, he had been subjected to an all-night interrogation and had been up the previous night searching for his cousin. DNA evidence later confirmed that Thibodeaux was innocent, but his false confession proved costly. Thibodeaux spent 15 years in solitary confinement on death row until his release.

false-confession-studyFalse confessions occur with surprising frequency. The campaign group the Innocence Project estimates that up to a quarter of wrongful convictions in the US are a result of false confessions. In many situations like Thibodeaux’s, the suspect suffered from severe sleep deprivation during their police interviews.

A recent milestone study has provided evidence that shows a link between sleep deprivation and false confession. Eighty-eight study participants were asked to complete various computer tasks as part of a fake experiment. The participants later returned to complete more tasks, and then either slept or stayed awake all night. In the morning, the researchers falsely accused the participants of losing the data of the fake study by pushing the escape key. None of the participants had actually pressed the escape key or lost any data, but half of the sleep deprived participants agreed to sign a confession of guilt to losing the data, while only 18 per cent of the well-rested participants were willing to sign a confession. Legal experts predict that this study may be cited in future legal battles where false confession is believed to have occurred, as this is the first study to show a link between false confession and sleep deprivation.

Sleep deprivation has long been used as a tactic in police interrogations, but the practice has been outlawed in the UK after a rash of miscarriages of justice during the 1970s. But the US and many other countries do not have laws that prohibit sleep deprivation tactics.

To many, it might seem unbelievable that false confessions could occur with such frequency, but experts say that suspects often confess because they believe that the evidence will eventually prove their innocence. After being allowed to rest, these suspects often retract their confessions. But by then it is often too late as the police investigation changes course and the defense loses ground.

The study is not the perfect legal defense for false confessions in cases of sleep deprivation, but it is an important first step toward changing false confession trends and implementation of laws requiring interrogation suspects to be given a chance to sleep.

Lawsuit: 2-year-old dies after Colorado Springs police ignore warning

Mayra Juarez (left), Raul Alvarado (Credit: Colorado Springs Police Department)

Mayra Juarez (left), Raul Alvarado (Credit: Colorado Springs Police Department)

Police in Colorado Springs are under heavy scrutiny after completely ignoring the repeated warnings of an estranged parent about his two year old child, a child that is now dead. A December filing at the El Paso County District Court lists Luis Daniel “Danny” Juarez Molina, the child, as deceased. The lawsuit claims that the cause of death of the child was blunt trauma – repeated strikes from brass knuckles and finally being thrown into a wall. In his final hours, Danny was hospitalized for swelling in the brain and lacerations of the liver. He finally died after doctors at Children’s Hospital Colorado took out part of his skull to counter brain swelling. The operation caused Danny to fall into a three day coma from which he never recovered.

The Alleged Perpetrators

The lawsuit alleges that two year old Danny suffered these tragic injuries at the hands of his own mother, Mayra Juarez-Martinez. She is currently serving three years for child abuse resulting in serious bodily injury to Danny. At the time of death, Danny was apparently covered in injuries including bite marks, multiple bruises on his stomach and back and a missing tooth, among other injuries.

Mayra Juarez-Martinez’ 21 year old boyfriend Raul Alvarado Jr. faces charges of 1. first degree murder, 2. violent crime causing death and 3. child abuse recklessly causing death for actually killing the child.

colorado-springs-policeThe Incompetence of the Colorado Springs Police

Aside from Alvarado, the lawsuit also names Colorado Springs police officer Justin Carricato as a defendant. The lawsuit states that Carricato, along with other unnamed individuals of the police organization, violated the Child Protection Act by refusing to report Danny’s injuries to a county child protection agency.

The lawsuit notes that the city of Colorado Springs has a history of ignoring serious cases of child abuse, naming the police as a constant bottleneck. A previous case concerning four year old Tamyrii Randall upholds this narrative.

There has been no comment from the Colorado Springs police department about this case.

Lawsuit: Woman alleges she miscarried after cops battered her during arrest

A woman from Mariners Harbor filed a lawsuit against the city and four police officers. She claims that these police officers battered her during an arrest in her home about 15 months ago. The woman alleges that she told the police officers prior to the battery that she was carrying a child.  According to the woman, this incident caused her to miscarry and lose her child.

The complaint says that the incident occurred at about 1:45 p.m. Emelda Fitzroy alleges in the suit filed in a Brooklyn federal court that the police officers struck her repeatedly in the stomach. She also claims that the police officers stepped on her and threw her to the floor of her home. The police officers then approached Fitzroy, forcibly grabbed her, and arrested her without offering any legal justification.

Brooklyn-Federal-Court

In the complaint, Fitzroy claims that the injuries she sustained at the hands of the cops led to the miscarriage. In the complaint, she does not mention how many months pregnant she was. On November 3, 2014, she was released after 26 hours of being incarcerated.

In the lawsuit, Fitzroy does not note why the police officers went to her home. However, the suit does note that she was arrested on charges of misdemeanor assault, resisting arrest, harassment, and obstructing governmental administration. Fitzroy hired a lawyer and went to court several times to fight these charges. These charges against Fitzroy were dropped last week, according to the civil complaint.

Prosecutors have since confirmed that the charges against Fitzroy were dropped. However, they refused to make any further comments until the sealing of the court file. A spokesman from the city’s law Department also refused to comment on the suit until the end of the case. Fitzroy’s lawyer did not return any phone calls seeking comments on the suit. A spokeswoman from the NYPD also declined to comment due to the pending status of the suit.

In the suit, Fitzroy alleges that she was a victim of false arrest, deprivation of civil rights, unlawful search and seizure, excessive use of force, and assault and battery. She alleges that she has suffered deep and psychological pain as a result of losing her child. Fitzroy hopes to receive monetary damages.

E-Cigarette Company Sued Due to Explosion of Product in Florida

A man from Naples, FL has filed a lawsuit after things went incredibly wrong when he used an electronic cigarette. As he used the e-cigarette, it exploded in his mouth. The explosion not only burned his face, but it also burned the soft tissue of his throat and lungs. The accident briefly left the man in a coma, but he has since awoken from the coma.

E-cigarette-law-suitThis week, Evan Spahlinger filed a lawsuit in Miami-Dade County. This lawsuit targets the companies that manufactured the electronic cigarette as well as the company that sold him the e-cigarette. Spahlinger claims that he was misled, since electronic cigarettes are constantly referred to as a safe alternative to traditional cigarettes.

Millions of people across the United States use electronic cigarettes. These products work by delivering vaporized nicotine to the user via a heated liquid solution. However, in the past few years, many questions and concerns about health and fire risks of electronic cigarettes have arose. In fact, the U.S. Department of Transportation recently made the move to ban electronic cigarettes from checked bags on flights.

Spahlinger’s lawyer, John J. Uustal, has said that this accident has left Evan permanently disfigured and in extreme mental anguish. The Floridian man choose to file the lawsuit in Miami-Dade County because the companies involved in the lawsuit conduct major business in this county.

The lawsuit states that Spahlinger purchased the “Rig Mod V.2” electronic cigarette in Naples from the Vaping Station. VapeAMP, which is based in San Diego, manufactured the electronic cigarette. The companies involved in this lawsuit refused to comment.

Spahlinger used the electronic cigarette for a period of three months. In October, the e-cigarette burst into flames while Spahlinger had it in his mouth. This caused him to inhale a substantial amount of smoke, flames, and hot air. Due to these severe burn injuries, Spahlinger was rushed to Kendall Regional Medical Center’s burn unit. Due to the internal burns, Spahlinger’s lungs and esophagus began to swell as he was rushed to the burn unit.

In order to treat his injuries, doctors placed Spahlinger in a medically-induced coma. However, according to Uustal, the man’s injuries have been deemed permanent. He will require constant and extensive care for these permanent injuries.

 

Chipotle Blamed for Covering Up Norovirus Outbreak in California

Mexican restaurant Chipotle has been in the news in recent months due to numerous outbreaks of foodborne illnesses, including norovirus and E. coli, at a few of its locations. Six students and one parent in California recently filed a lawsuit against Chipotle in Simi Valley after suffering a foodborne illness. The students and parent ended up getting norovirus after eating at the restaurant in August 2015. This class-action lawsuit is seeking unspecified damages, as well as a trial by jury.

Chipotle-lawsuitThe lawsuit alleges that Chipotle took steps to cover up a norovirus outbreak by hiding evidence before getting in touch with health officials in Ventura County. According to the lawsuit, the restaurant bleached kitchen surfaces, had employees from nearby Chipotle locations replace sick ones and threw out potentially contaminated food items. This would have made it difficult for health officials to prove that the restaurant was responsible for the norovirus outbreak.

The trouble started on Aug. 18 when a kitchen manager at the Simi Valley Chipotle location continued to handle food while experiencing symptoms of norovirus. The manager was not officially diagnosed with the illness until Aug. 20 following a doctor’s visit. Although Chipotle closed on Aug. 20 and put safety measures into effect for handling foodborne illnesses, the lawsuit claims that the corporate office failed to contact county health officials right away and did not notify customers of what had happened.

As a result of the delay, health officials weren’t able to conduct tests on food samples or take other measures to check for norovirus. The lawsuit alleges that Chipotle acted out of concern for profits instead of customers, since the restaurant was also in trouble at the time for a salmonella outbreak in Minnesota. Since then, Chipotle has also been linked to cases of E. coli in nine states and norovirus cases at a Boston location. The class-action lawsuit recently filed in California claims that at least 234 customers became ill after eating at the Simi Valley location. Chipotle is currently under a criminal investigation launched by the government over these illnesses.