Archive for News – Page 73

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

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.

Lyft Policies Under Scrutiny in New Lawsuit

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.

Contaminated-scope law

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.

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

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.

Arm Amputation on Railway Attributed to Negligence

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.

City Reaches a Nearly $3 Million Settlement With Castile Family

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.

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

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.

18-Wheeler vs. Sagging Verizon Telephone Line

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.

Former NBA player Marcus Camby being sued for nephew’s death

Former NBA player Marcus Camby is subject to a wrongful death lawsuit filed Thursday, June 22, 2017. The suit was filed by Marcus Kendall McGhee in the U.S. District Court in Houston. McGhee is the father of Camby’s autistic nephew, 9-year-old Marcus Carter McGhee, who drowned in the manmade pond at Camby’s home in November. According to the suit, the child was son to Camby’s sister.

In the suit, McGhee claims the former NBA Houston Rocket player’s pond was not fenced in — offering no protection to keep the child away from the water — which led to his son’s death while visiting family at Camby’s Pearland home. The report also alleges Camby did not properly supervise the child despite knowing of his nephew’s limitations.

Local news sources report that search crews and law enforcement conducted a search when the child went missing last Thanksgiving afternoon. The search concluded the weekend after Thanksgiving, with searches getting more community support when he was missing more than 24 hours. Locals were asked to check their home security footage and volunteers looked in a six-mile radius around the property. The boy was said to be shy around strangers and non-verbal, leading search parties to play ‘Wheels on the Bus’ — his favorite song.

When the body was found, Camby even expressed his gratitude to those who helped look when speaking with local news outlets:

“My family and I would like to thank the Pearland police department, search and rescue and everyone from the community who assisted in the search for my nephew Marcus. Losing a child is every parent’s worst nightmare and we are heartbroken.” He then claimed that he and his family would be “front and center” to help before requesting privacy.

Marcus Camby played in the NBA for 17 seasons and was named Defensive Player of the Year in the 2006-07 season, having the most blocked shots per game on average. Starting his career on the Toronto Raptors, he made his longest stays with the New York Knicks and Denver Nuggets, playing for the Houston Rockets in 2012 and finally retiring from the Knicks in 2013.

A Grand $100,000 Reward for Any Information about the Crash to Death of the Two Kvalvog Family Teenage Boys

It is unbelievable that two years have passed since the Kvalvog Family lost their two teenage sons. Their death was as a result of a crash on a journey to a baseball competition, in Wisconsin, along Interstate 94. During a radio interview on WDAY radio, Kvalvog recalled how he got the news an hour after he dropped the boys at the school parking lot.

Crash Report Analysis
Kvalvog confirmed that he is ready to pay a double price of $100,000 to anyone who might have a clue about his son’s cause of death. However, he narrated what  happened at the incident when the two brothers crashed. Based on an accident report by Minnesota State Patrol, Zach Kvalvog who was aged 18 was behind the wheel with his brother Connor, 14 years aged, in the passenger seat. They were also with other teammates from Park Christian School. A Semi-truck driver is said to have infringed on the young men’s path before they perished on June 23, 2015, near Dalton, Minn. As a result, Zach Kvalvog was forced to swerve out of the lane.

The semi driver never stopped, then the Dodge Ram 2500 pickup truck that the two brothers were in, uncontrollably overturned. They rolled into the middle and wound up on the interstate’s westbound lanes. The two had no chance of surviving; they succumbed on the spot whereas the rest of the passengers Mark Schwandt and Jimmy Morton got hospital admission and later recovered.

Life After The Loss
As what almost every father would do, Kvalvog had to hold someone responsible. He moved to court and filed a death case against Park Christian, Josh Lee who was the basketball coach, the truck manufacturer and the insurance company. He affirmed that his stand was not to seek for financial compensation but to know what and how this happened to his boys. He expressed that it was so hard for him and his wife to move on when their sons meant so much to them. Moreover, the memories and imagination of their young one’s lives keep coming back.

In his view, it is necessary for schools to be careful on how the transportation of students is carried out. He also advocated for proper road marks to be put at the crash site, to keep drivers informed of the road bends.