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Archive for News – Page 19

The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

Posted by David Brown 
· February 23, 2023 

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

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Mall of America Settles Infamous Balcony Tragedy

Posted by David Brown 
· February 21, 2023 

Among nightmare stories, the 2019 tragedy of a five-year-old boy at the Mall of America ranks way up there. That boy, Landen, was arbitrarily picked up and thrown off one of the Mall’s internal balconies randomly. The culprit turned out to be an individual who had a long history of creating problems at the same shopping facility. Landen amazingly survived the attack, even falling almost 40 feet to the hard floor below. The guilty party, one Emmanuel Aranda, ended up with a 19-year prison sentence via a guilty plea to first-degree attempted murder.

As it turned out, Aranda was well-known to the Mall security team. He had already earned the shocking and unwanted title of being banned not once, but twice, from the Mall, yet he kept returning to cause more problems. Only the last time he decided to rage his anger of rejection from women on an innocent five-year-old who tragically caught Aranda’s attention at the wrong moment.

Landen’s family sued the Mall after the boy’s recovery, blaming the Mall management and security for failing to have stopped Aranda from entering again or at least not paying attention to him when present. Given the fact that Aranda’s record of behavior was no secret, any presence of the individual allowed by the Mall security made the Mall liable for whatever he did inside if allowed to enter, according to the lawsuit.

Given the ugly facts of the case, as well as the fact that the Mall could likely have defended itself extensively, both sides decided a settlement was the better direction to follow, with a mutual agreement to improve the facility’s policies about risks going forward.

Landen’s was not a full recovery. The boy experienced 15 different medical corrections, which included surgical removal of his spleen, resetting two broken arm bones as well as a leg, and multiple head fractures. One estimate pegged the medical care provided to the boy to be well over $1.7 million and climbing.

The settlement will include resources deemed sufficient enough to offset the expense of Landen’s recovery as well as sufficient operational changes so that a similar criminal risk doesn’t happen again.

 

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SpaceX Sued for $20 Million After a Delivery Accident Leads to Death of a Husband and Father

Posted by David Brown 
· February 16, 2023 

In June 2020, Carlos and Lucinne Venegas took their three children camping on the beach. Rising tides forced them to end their trip early and hit the road before the sun rose. Little did they know that an 18-wheeler stalled outside of SpaceX’s facility would change their lives forever.

The family vehicle crashed into the 18-wheeler, leading to spinal and leg injuries for Mrs. Venegas and all three children. Unfortunately, the blunt force trauma of the crash killed Mr. Venegas.

What exactly led to this crash, though? There is a difference of opinion on that matter. The Venegas family sought legal counsel that claims negligence of SpaceX’s part and filed a $20 million lawsuit.

SpaceX denies any responsibility and places all blame on the Venegas family. The company states that any driver using a reasonable amount of care could have avoided this crash.

The Venegas’s attorneys disagree. They say that Highway 4 – the location where the crash occurred – is a busy, dark, and narrow area, one that is not suitable for deliveries. Due to this, no amount of caution – especially when it’s dark or with people unfamiliar with the area – would be enough to stay safe.

The attorneys’ claim of negligence is based on the belief that the company should have practiced a reasonable amount of care itself. If SpaceX is going to have delivery vehicles stalled on the highway, they should make the necessary updates to that highway.

Those updates should include widening the area, posting warnings, and making sure it’s well-lit enough that drivers can safely navigate through the zone. And attorneys say that had they not rushed to build the facility, SpaceX might have taken the necessary steps to address these issues – or created a different delivery avenue into their facility.

SpaceX was eventually cleared of responsibility, however, as the crash didn’t occur on the company’s property but on a public highway. Additionally, the 18-wheeler in question was not a SpaceX vehicle – it was a third-party delivery driver and vehicle. The resigning judge stated that the company had no reason to think this driver would not safely perform his duties.

Regardless of who lies at fault, a father is dead, a mother and her children are injured, and their lives are forever changed. Hopefully, this story will be a reminder to everyone – families, companies, and drivers, alike – to be cautious and vigilant at all times.

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Attorney General’s DNA Forensic Genetic Geneology Program Helps to Solve Decades-Old Murder of Marysville Teen

Posted by David Brown 
· February 14, 2023 

Washington Attorney General Bob Ferguson recently announced that the DNA forensic genetic genealogy program from his office helped to solve the cold case murder of a Marysville teenager. The 24-year-old cold case went unsolved in spite of the murder weapon, an axe, being left behind by the perpetrator.

Jennifer Brinkman, 19-years-old, was found dead inside her family’s home in Marysville in 1998. The case went cold for two decades, until the December 5, 2022 announcement of the arrest of a 52-year-old man from Renton, Washington.

Marysville Police Department Chief Erik Scairpon stated that when he became police chief in 2020, he found a team who would not let go of the memory of Ms. Brinkman, nor her cold case. He said that members of the police department now rest easier, knowing that they performed their duty to Jennifer Brinkman, her loved ones, and to the community.

The City of Marysville also provided funds for the testing, along with the $1,241.55 provided by the Attorney General’s program.

The Washington Office of the Attorney General’s forensic genetic genealogy program has assisted with more than 30 cold case investigations. Three other cases were solved with the assistance of the program. They include:

  • A 1995 murder in Kitsap County
  • A 2003 violent rape of a 17 year-old in McCleary, WA
  • A 2003 and 2004 violent home invasion sexual assaults in Pullman, WA

The cases were uploaded to CODIS, the national criminal DNA database, with no successful results. Law enforcement officials and prosecutors have had considerable success solving cold cases using forensic genetic genealogy in recent years.

A genealogist takes DNA evidence and then uploads it to a public DNA database. The DNA database then allows access to its data, then uses the information to construct a family tree which identifies potential suspects who may not have an available DNA profile. Companies with public databases can conduct genealogical research to determine familial links to the DNA samples. Examples include a familial link to a sibling or a cousin.

The Attorney General’s Office has dedicated $220,000 thus far towards assisting local law enforcement agencies with solving felony cold case investigations through forensic genetic genealogy testing. The Department of Justice’s Office of Justice Programs recently announced nearly $160 million in grant awards to support crime laboratories, fund forensics research, and to decrease DNA backlogs, including to identify human remains.

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Catholic Dioceses, USA Gymnastics, The Boy Scouts of America Among Nonprofits Filing for Bankruptcy Amid Sexual Assault Lawsuits

Posted by David Brown 
· February 9, 2023 

In 2019, 23 states, Washington D.C., and two U.S. territories passed new laws to extend the civil statute of limitations expiration date for victims of childhood sexual abuse. The recent legislation allowed victims of older cases to sue their abusers and the organizations that were supposed to protect them. Most of the statute extensions last one or more years, and we continue to see the passage of new laws regularly.

The Nonprofit Organizations Found Safety in Bankruptcy Court

Sadly, in response to the lawsuits, many organizations that are defendants in the cases filed for relief in bankruptcy court. Among those filing bankruptcy are nonprofit organizations such as the Boy Scouts of America, the Boys and Girls Club, and Catholic Institutions.

Four of the defendants are New York dioceses facing over 500 claims of sexual abuse. All nonprofit groups filing for relief cite recent law changes, extending the time frame for child abuse victims to seek justice. The filings stalled the current civil actions and blocked victims from filing new cases in the future. The lawsuit plaintiffs had no choice but to negotiate settlements within the bankruptcy courts.

More Trauma for the Victims of Childhood Sexual Abuse

Bankruptcy courts across the United States are diminishing the impact of statute of limitations reform. Moreover, if the defendant files for relief in bankruptcy court, it can force victims to come forward and settle who isn’t ready yet. Missing the bankruptcy-claims deadlines can mean losing the chance to seek justice.

An investigation uncovered at least 23 bankruptcies filed by nonprofit organizations involved in child sexual abuse scandals that forced victims to keep compensation from a trust. One organization is USA Gymnastics, and the outpouring of lawsuits alleging abuse by the convicted child molester, Larry Nassar.

It is essential to note that organization bankruptcies do not provide individual protection for abusers. However, they granted immunity to the nonprofits that allowed the abuse to continue after victims came forward. Even so, the bankruptcy filings have devastated countless victims of childhood sexual abuse after legislation granted them the legal right to seek justice from the institutions that failed to protect them.

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“Liver King” Fitness Influencer Faces Multi-Million Dollar Lawsuit

Posted by David Brown 
· February 7, 2023 

Influencers have a very large following in the current environment, and not all of them are exactly what they seem. That includes Brian Johnson, one of the biggest fitness influencers in the world, who typically goes by the name “Liver King.” Now, he is facing a significant class action lawsuit alleging that he used deceptive marketing to sell his products.

The complaint, which was filed in New York, names Brian Johnson and his companies as defendants. The lawsuit accuses him of deceiving his customers. The lawsuit claims that, in his social media marketing strategy, he claimed that he got buff by consuming raw offal. The lawsuit claims that, in actuality, he got buff because of his rampant steroid habit. Johnson himself recently disclosed that he used steroids to build his physique.

Furthermore, the lawsuit claims that the habits Johnson was pushing are incredibly unsafe. In numerous videos, the lawsuit claims that he consumed a variety of raw testicles and organ meats in an effort to build his physique. Many people who followed his alleged habit developed a variety of food-borne illnesses. Consuming uncooked meat can be dangerous because it could expose you to toxins hiding in the food that are otherwise destroyed when you cook them.

Previously, the fitness influencer had denied consuming steroids but recently admitted that he was spending approximately $11,000 per month on steroids, which allowed him to keep the physique that he shows off in a lot of his videos. Even though the lawsuit is still in its very early stages, the prosecuting attorneys have indicated that they have gotten a significant amount of interest from other people who may have been harmed by watching his videos.

This lawsuit shines a light on just how dangerous social media can be. It is important for everyone to view influencers with a healthy amount of skepticism, as they are not always what they seem. Regardless, it is likely that the lawsuit will grow and widen and scope as more people learn of the dangerous habits that were being pushed by this fitness influencer. It will also be interesting to see if he faces any criminal charges in addition to the civil lawsuit he is already facing.

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Litigation Begins Over Lack of Refunds in Southwest Flight Delay Debacle

Posted by David Brown 
· February 2, 2023 

The fallout continues from Southwest Airlines’ recent failure to get travelers to their destinations over the 2022 holiday season. Wintry weather conditions stranded airline passengers on over 15,000 flights in late December.

The Dallas-based airline blamed the crisis on outmoded software for scheduling flights, as well as a dearth of personnel to work their flight routes. Unlike most other airlines, passengers cannot purchase tickets using third-party global distribution platforms. Everyone who flies with them is required to purchase their airline tickets either online or by booking directly with Southwest ticket agents.

Plaintiff Eric Capdeville of Marrero, Louisiana, through his attorney, Matthew B. Moreland, of Jim S. Hall & Associates, filed a contract lawsuit, Capdeville v Southwest Airlines Co, on Dec. 30 in New Orleans U.S. District Court for the Eastern District of Louisiana.

Plaintiff alleges breach of contract since the airline pledged to refund ticket costs and reimburse reasonable expenses like meal costs, rental cars and hotel charges for their stranded passengers.

The case is set to be heard by Judge Jay C. Zainey.

Plaintiff, who is seeking class-action status for the lawsuit, claims he and many others have yet to receive any compensation from Southwest Airlines. The petition further notes the company’s Contract of Carriage “mandates refunds … [and] full compensation for … costs and … cancellations for the failure of the carriage contract.”

In addition to the claims of breach of contract, Capdeville also included a claim for redhibition and seeks pre-judgment interest, as well as actual compensatory damages or other alternative provisions available under the airline’s Contract of Carriage.

The airline spokesperson has not yet commented on the pending litigation. Previously, Southwest stated that they intended to “do right by [their] customers,” and that “high priority efforts [were] underway” to remedy the damages their passengers suffered.

Bob Jordan, CEO of the beleaguered passenger carrier, acknowledged that Southwest’s “legacy systems” were overdue for an upgrade. According to U.S. Dept. Of Transportation Secretary Pete Buttigieg, the flight disruptions were unacceptable and arose from decisions the airline made and actions they took.

Southwest did not fully restore services until after Dec. 30. Meanwhile, other airlines had already rebounded days earlier from the storm’s setback.

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Two Companies Ordered to Pay Over $24 Million to King County Small Business Owners

Posted by David Brown 
· January 31, 2023 

SEATTLE — Two companies and their owners have been ordered to pay over $24 million to King County small business owners.

A King County Superior Court judge has ordered CA Certificate Service and Labor Poster Compliance to more than 15,000 business owners that were deceived by the companies. The judge said that both companies based their business models on deceiving small business owners.

Both companies sent a total of 232,091 letters to residents that appeared to be from the government demanding payments of about $85 each for posters or certificates and implying they were mandatory for businesses. The companies bulked a total of $1.27 million out of area business owners for free posters and certificates that business owners can obtain from state and federal agencies.

The lawsuit was filed by Attorney General Bob Ferguson in March against Florida-based CA Certificate Service and Labor Poster Compliance as well as their owners. The Washington Secretary of State issued an alert about the scam by CA Certificate Service in March of 2019 yet the company continued to do business in the state until Ferguson filed the lawsuit.

King County Superior Court Judge David Whedbee ordered the companies to repay all Washington businesses involved their full payments in addition to pre-judgment interest.

The court found that the companies had committed 232,091 separate violations of the Consumer Protection Act.

The judge also ordered that both companies be permanently blocked from mailing any letters into the state of Washington that are associated in any way with an invoice or a bill that a consumer must pay. The companies also cannot send any more letters that appear to be from a government at any level or a person working for any level of government.

It is believed that the companies made more than $5.3 million in profits from their deceptive schemes across the nation. Although businesses and other states have also been affected by the two companies’ deception, the judgment, in this case, is the first one against the businesses that have resulted in the findings of the companies being liable for breaking the law.

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Apple AirTags Under Suit for Alleged Stalking Hazard

Posted by David Brown 
· January 26, 2023 

Two women have filed a lawsuit against Apple, claiming that their ex-boyfriends used AirTags to track their movements in real-time. The suit alleges that the technology company negligently released a dangerous device and minimized concerns about threats surrounding AirTags while misrepresenting the safety of the product. Since AirTags’ commercial launch, people have complained that they are easy to misuse and enable stalkers to keep tabs on their victims.

“AirTag was designed to help people locate their personal belongings, not to track people or another person’s property, and we condemn in the strongest possible terms any malicious use of our products,” a statement from Apple read.

The lawsuit further claims that Apple recklessly placed AirTags in the hands of stalkers and abusers. It alleges that the company should have foreseen the potential for misuse, adding that Apple was aware of reports of malicious AirTag usage before it released the product. The suit also says that Apple “failed to take reasonable steps to provide consumers with adequate disclosures about AirTag’s threat as a stalking device.”

Apple has taken steps to address safety and privacy concerns related to AirTags since its release. These include an alert when setting up an AirTag informing users that stalking is illegal and law enforcement can access personal information associated with an AirTag owner. However, critics have argued that these measures are not enough and do not adequately protect victims of stalking.

The lawsuit seeks damages related to the alleged misuse of AirTags, including emotional distress and punitive damages. It also demands that Apple take further steps to protect against possible misuses of its product, such as providing an opt-out option for users who do not want their personal information shared with law enforcement or making it more difficult for someone to access AirTag data without authorization. Additionally, the suit asks that Apple provide greater transparency about potential risks associated with using AirTags and impose a waiting period before allowing customers to buy multiple devices at once. If successful, this case could set an important precedent in establishing companies’ responsibility when designing products that can be potentially used for illicit activities.

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12 Arrested on Sexual Offenses Against Children

Posted by David Brown 
· January 24, 2023 

CHEHALIS, Wash.—Twelve people were arrested this weekend as part of a multi-agency investigation  of the sexual abuse and exploitation of children touted as “Operation Net Nanny.”

Michael A. Gillette, 31, and Tyler D. Clark, 23, both of Chehalis, Justin Hinchliffe, 43, of Olympia, Gerry G. Greatreaks, 50, Vancouver, Zachary Case, 21, Belfair, Adis Lao Cirlo-Hernandez, 23, Centralia, Leonardo Tranquilino, 31, Centralia, Wayne A. Rigby,72, Shelton, Douglas R. Clark, 45, Rochester, Robert E. Morrison, 65, Kelso, Antonio T. Nolasco, 36, Shelton, and Mario A. Fernandez, 33, of Napavine, were arrested as part of the investigation. They were taken into custody in Lewis County.

The investigation was conducted by the Washington State Patrol (WSP), local Lewis County law enforcement agencies and several partner agencies. It is the 20th operation spearheaded by the WSP’s Missing and Exploited Children Task Force (MECTF), an Internet Crimes Against Children (ICAC) affiliate. Since the first operation in August 2015, MECTF has made 312 arrests and removed more than 31 children from danger across the state through police intervention.

The cases will be reviewed by the Lewis County Prosecuting Attorney’s Office for charges against the 12 people arrested. They are facing possible charges of rape of a child, a first-degree felony, attempted rape of a child, a second-degree felony, communication of a minor for immoral purposes and sexual exploitation of a minor.

“It is unfortunate that there are some that are actively preying on children. However, it is reassuring to know that so many agencies are willing to respond to help hold those people accountable,” said Lewis County Prosecutor Jonathan Meyer. “We are thankful for the federal and state agencies that conducted this operation and the support of multiple local agencies. Coordination of law enforcement partners is vital to help ensure the safety of the people of Lewis County.”

The primary mission of Operation Net Nanny is to target anyone involved in child abuse and child exploitation via the Internet.

“We were proud to participate with the WSP MECTF and the other public safety partners in this very important operation focused on keeping children safe from those who prey on them in our communities,” said Lewis County Sheriff Robert Snaza. “Dedicated partnerships are what make operations such as these a success!”

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