Archive for News – Page 85

Bicyclist Hit By Garbage Truck And Family May Finally See Justice

In Brentwood, New Hampshire in the summer of 2014, a woman was killed by a garbage truck that was traveling through a construction zone. Now, over a year later, her brother, James Rugg, is filing a lawsuit through the Rockingham County Superior Court on behalf of his deceased sister Margaret Rugg’s estate.

family-closureThe suit states that Margaret was forced into an area that was narrow and unsafe. This led to Ms. Rugg being hit by the back tires of the garbage truck. The commercial trash truck injured Margaret severely and eventually lead to her death. The state police reported that on July 22, 2014, Rugg rode her bike through a breakdown lane located on Epping Road in Exeter. She tried to maneuver her bike through a construction lane closure. During this time, Rugg lost her balance and fell. When she fell, she was in the path of a garbage truck driven by Pinard Waste System’s Mark Lancey.

Pinard Waste Systems Co. Inc. of Hooksett, Bourassa Construction of Stratham and Martini Northern LLC are the three defendants named in the suit. Martini and Bourassa are being accused of negligence. However, they claim to have retained traffic control personnel and flaggers. This wasn’t the only accusation. One of the other ones were that Martini Northern failed to comply with regulations on local, state and federal grounds regarding trenching. They’re being accused of failing to put up signs and roadside markings. Additionally, they didn’t leave enough space for cars, pedestrians large trucks or bicycles to pass safely. The suit makes similar allegations toward Bourassa. Margaret’s suit claims that Pinard didn’t train employees adequately in regards to operating a vehicle in a construction zone.
Rugg died at age 64. She retired the year prior to her death. She was in the education field throughout the entire course of her life. She retired as the preschool coordinator for the Windham School District. In addition to her passion for teaching, she was also very interested in biking.

Although nothing can bring her back, if the settlement is won, it may just give her family a bit of closure over the ordeal.

Tobacco Companies Ordered to Pay $35 Million in Damages

A jury awarded $35 million to a man who argued his wife was unaware of the dangers of smoking. The woman died of cancer prior to FDA requirements forcing tobacco companies to be more transparent regarding the risks of tobacco use.

Florida-cancer-verdictA Florida jury is holding two tobacco companies 94% responsible for the death of a woman who smoked for 41 years before succumbing to cancer. On December 22, 2015, R.J. Reynolds Tobacco Co. and Phillip Morris USA Inc., were ordered to pay a total of $35 million to the deceased woman’s husband – $12.5 million apiece in punitive damages, as well as $10 million in compensatory damages.

Legal counsel argued that the companies had deceived the man’s wife by failing to disclose the risks associated with tobacco use. She passed away in 1996, well prior to the 2009 Family Smoking Prevention and Tobacco Control Act, which gave the FDA control over aspects of tobacco sales within the United States. Among other requirements, the FDA now has the authority to require companies to disclose ingredients and nicotine content in their products, to modify product ingredients, and to display warning notices on at least 50% of the front and back of product packaging.

The lawsuit argues that the woman was never made aware of the risks of tobacco use because the companies withheld this information from her until the 2009 FDA requirements forced them to be more transparent. By that time, the woman was dead. Legal counsel noted, “there is no evidence whatsoever that the tobacco companies have done anything to mitigate what they’ve done in the past. You will see that they are the same companies.” Conversely, R.J. Reynolds’ attorney advised the jury that the company has made many changes over the years, and that they no longer attempt to conceal the dangers of tobacco use.

The woman at the center of the lawsuit had reportedly smoked two packs per day since the age of 14 and continued to use tobacco after her cancer diagnosis. “The attorney estimated that over the 41 years she smoked, the woman took about 6 million cigarette puffs.” The jury found the woman to be 6% responsible for her own death.

 

Father sues Atlanta Braves and MLB over injuries

On August 30, 2010 a six year old girl was sitting with her father behind the visiting team’s dugout at a baseball game at Turner Field.  At the bottom of the fourth inning, the Braves outfielder Melky Cabrera hit a foul ball.  That ball struck the child in the head, fracturing her skull in 30 places and causing a traumatic brain injury.

MLB-Commissioner-quoteThe girl’s father, Fred Fletcher, filed a lawsuit against the Atlanta Braves.  In the filing, Fletcher cited the fact that Cabrera (who now plays for the Chicago White Sox) was suspended for 50 games due to testing positive for testosterone.  The filing requested that MLB turn over documents relating to that investigation.  Lawyers for Fletcher contend that the use of steroids makes players hit the balls harder, giving fans in the stands less time to get out of the way of foul balls.

Previously, the Braves have stated that they would increase the size of the netting around the foul line from 10 feet to 35 feet.  This would raise the netting to the same height as the netting behind home plate.  It should be noted that these improvements will only be installed at Turner Field. It has not been disclosed whether SunTrust Park, the new stadium currently under construction, will have the extended netting.

Fletcher’s lawsuit seeks damages for his daughter’s pain and suffering, the cost of her medical treatment, and compensation for her diminished ability to work and her future earnings.  Recently, Fletcher and his lawyers added MLB as a defendant, citing that the League has a lot of input over decisions to install netting, the lawsuit contends that MLB was negligent by not taking steps to ensure that fans were safe during their games.

In response, Baseball Commissioner Rob Manfred stated last week that MLB clubs repeatedly warn fans about the dangers associated with foul balls and broken bats.  Still, he contended that the League could do a better job of making fans aware of the dangers associated with individual stadium seating sections.

The Montana Supreme Court to Decide on Out-of-State Business Being Sued There

There is an old adage about not being able to escape the “long arm of the law.” Well, Montana judges have to decide just how long this arm is in reality.

The Supreme Court of Montana heard a case on Wednesday, December 9, 2015, that could cause reverberations in the world of business. In general, corporations must have a viable presence in a state where someone files a lawsuit against them. The rules of civil procedure have always protected against outside litigation, ensuring that the accused have the ability to defend themselves. If able to file wherever they so choose, plaintiffs would “forum shop,” locating courts believed friendly to their cause, putting defendants in awkward positions.

Supreme-court-business-rulingThe Two SIdes

In this case, two employees of BNSF Railway have filed a legal claim against the company, despite serious questions about any connections to Montana. The two men, Brent Tyrrell and Robert Nelson, work for the Texas-based business. Neither railroad worker lives in Montana, nor did the alleged injuries occur within state lines. On its face, this case does not present the traditional fact pattern for a Montana court to accept jurisdiction.

The Legal Arguments For and Against

During the state Supreme Court testimony, attorneys for the workers put forth an argument that the Federal Employers’ Liability Act does allow courts to accept such cases, if a company operates within the state. Meanwhile, on the other side, legal representatives for BNSF countered that the highest tribunal in the land, the U.S. Supreme Court, just last year found that Daimler(Mercedes-Benz) did not have to face allegations of wrongdoing in California, despite having operations there, for actions committed in Argentina.

What Next?

Two prior rulings on this case have been inconclusive. On lower levels, Montana courts offered opposing opinions, one for the corporation, the other for the plaintiffs. It is now up to the state Supreme Court to put forth its decision.

New Witness Testimony Prompts Hearing in $21.5 Million Holland America Line Lawsuit

Holland America Line is asking for a dismissal of a $21.5 million dollar settlement awarded to a passenger in October of 2015. The passenger sued the cruise line in retribution for a purported injury sustained in a sliding-glass door accident. The cruise line is accusing the passenger of a laundry list of offenses: witness tampering, destroying evidence, and perjury.

Holland-america-lawsuitDuring a 2011 eight-month worldwide sailing trip on the cruise line’s M/S Amsterdam, James Hausman of Illinois was walking out to the pool deck when the ship’s automatic doors struck him on the side of the head. Following the incident, a physician diagnosed the successful businessman with a minor brain injury and post-concussive syndrome. Reportedly, Hausman continues to suffer from seizures, fatigue, and bouts of dizziness because of the injury. An eight-person jury came to a unanimous decision after hearing witnesses on both sides during the course of a nine-day trial. Holland America Line was ordered to pay Hausman millions for pain and suffering as well as emotional distress. Over the course of the trial, attorneys for Hausman accused the cruise line of suppressing documents for over 30 cases of automatic glass door incidents occurring on other sailings in the past three years.

New witness testimony from Hausman’s personal assistant has prompted a federal judge to review the case to determine if there are grounds for dismissal. Holland America Line filed hundreds of pages of evidence that they claim demonstrates misconduct on the part of Hausman. The cruise line states Hausman deleted evidentiary emails, lied about his drinking habits, and fabricated details about his sustained injury. In a sworn affidavit, Hausman’s former personal assistant, Amy Mizeur, claimed Hausman asked her to delete emails from his account, told her to lie about the state of his marriage, and admitted to exaggerating his injuries. Mizeur testified Hausman would watch online videos about seizures in order to mimic the symptoms.

In turn, Hausman has called his former personal assistant’s credibility into question. Hausman maintains her accusations are in retribution for firing Mizeur after catching her forging checks. When she was released from her position, Mizeur allegedly tried to extort money from Hausman.

U.S. District Judge Barbara Rothstein is presiding over the upcoming hearing and will decide if the verdict should be reversed or if a new trial should be granted.

Volkswagen Case to Be Conducted in Northern California

In move that Volkswagen hopes will begin to help put its recent bad publicity over lying to the government and to consumers in the rearview mirror now knows where the case will be conducted. Northern California was named as the venue for the Volkswagen A.G. Emissions litigation surprising some as both the plaintiffs and Volkswagen were interested in other venues. This case, which gained a great deal of publicity due to consumers being lied to about air quality of its “clean diesels”, deals with consumers who have joined a class action suit in 60 different federal courts. This venue decision was made by the United States Judicial Panel on Multidistrict Litigation.

Judge-Breyer-VWThis case involves more than 500 class actions that allege that Volkswagen purposefully set out to deceive consumers by claiming in advertisements that it was producing clean diesel cars. The truth is that Volkswagen vehicles which were produced under the clean diesel brand were actually as much as 40 times higher than the standards for nitrogen oxides allowed by the United States law. Volkswagen admitted that around 11 million of their purported clean diesels had a rigged system set up to “defeat” emissions tests when the system sensed it was being evaluated. The vehicles were temporarily cleaner while the testing equipment was connected to the cars, then went to normal operations when the equipment was removed.

Attorneys for the plaintiffs in the class action lawsuit and attorneys for Volkswagen attempted to have the cases moved to Michigan or Virginia. The plaintiffs also stated, through attorneys, that they would be satisfied if the cases were conducted in Tennessee or New Jersey. The United States Judicial Panel on Multidistrict Litigation opted instead for the case to be heard in the Northern District of California because one-fifth of all Volkswagen cases were filed there, and even more specifically, 30 cases were filed in the Northern District.

Another reason the Norther District was chosen is Judge Charles Breyer works there. Judge Breyer, the brother of Supreme Court Justice Stephen Breyer, has a great deal of experience in working with multidistrict court cases. Judge Breyer is currently presiding over a trial that concerns price fixing among airlines. Several of the airlines involved are the world’s largest.

Tesla Recalls Model S, Says Seat Belts are Potentially Defective

Tesla Motors has announced an official ‘voluntary’ recall for approximately 90,000 of the company’s cars, citing a potential defect related to the design of the front seat belts. The recall affects every single Model S car the company has ever produced.

The Silicon Valley automobile manufacturer said that the company’s lineup of Model S electric sedans have a potential seat belt issue related to the belts not correctly connecting to the ‘outboard lap pretensioner.’ The lap pretensioner is the part of the seatbelt mechanism that tightens up in the event of an accident, preventing the driver or passenger from swinging forward.Testla-Recal

The problem originally arose when a European owner of a Model S came forward with the issue.

Tesla broke the news to the owners in an email, stating that the original vehicle wasn’t involved in an automotive accident and that there were no related injuries. The company also stated, however, that if an accident occurred, a seatbelt in the same condition wouldn’t ensure the safety of the occupant behind the belt.

The company plans to inspect the outboard lap pretensioners in the Model S vehicles to ensure the seat belts are safe, and will provide any necessary repairs. Tesla stated that after inspecting approximately 3,000 vehicles, though, the technicians have not found any other problems.

This is the biggest recall in Tesla’s history. The company recalled the Model S one other time — in 2014 — because the vehicle’s underbody guard had the potential to catch fire due to a problem with the vehicle’s Li-ion battery.

Since the previous recall incident in 2014, the company has decided to take a different — and perhaps less adversarial — approach to their recalls. This recall is voluntary, and the company stressed the fact that the 3,000 vehicles that have been inspected so far have been issue-free.

Tesla said that anyone who wants to submit their vehicle for inspections can set up an appointment online, or just simply visit a dedicated Tesla repair shop.

The company also stated that it does not have any concerns regarding the vehicle’s rear seat belts.

California Regional Park Bucks Up $3 Million for Child Burn Case

The East Bay Regional Park District in Oakland, California, will be doling out $3 million dollars to the family of a 10-year-old boy after a jury determined the park was liable for severe burns he suffered at an unattended campsite.

The June 2012 incident happened at Anthony Chabot Regional Park in Castro Valley. A press release published at lawdragon.comsaid the boy was wandering through a campsite at Hawk Ridge when he slipped and fell, falling into a ring of burning embers in a raised fire pit. The pit was underneath a gazebo. The danger lurked within charcoal embers and branches that collected around the pit. The boy suffered second and third-degree burns to his hand and forearm and was hospitalized for two weeks where he underwent skin grafting treatment. He will require more surgeries over a period of time.Boy-Suffered-Burns

East Bay Regional Park rangers said the campsite was thoroughly inspected an hour prior to ensure the camp was secure and the fire extinguished. But the charcoal embers, still burning under a layer of ash at 1000 degrees, were completely overlooked.

The child’s family is represented by the Taylor and Ring Law firm in Los Angeles. Lead attorney David Ring said,
. This was a hidden danger. The main reason for the rangers’ inspection is to ensure any remaining fire is extinguished in order to prevent this exact type of incident from occurring.”

The Contra Costa Times reported that Carolyn Jones, spokesperson for East Bay Regional Park District called the incident egregious, adding, “We’re going to change things here, tighten up the protocol.”

After three weeks of evidence and testimony, the jury found the district liable for creating a dangerous condition on public property. A $500,000 portion of the settlement will come from a legal reserve fund held by the East Bay Regional Park District, with another $1.7 million to be paid out by the Girl Scouts of Americas’ insurer. It was not reported where the remaining balance will come from.

Flawed Medical Device Causes Numerous Deaths

A grieving widow is suing because what should have been a safe, routine medical procedure performed at the Carolinas Medical Center in Charlotte, North Carolina, has caused the death of her husband.

olympus-secretA Statesville, North Carolina resident, Bill Warner, died after being infected by “lethally drug resistant bacteria,” (called a “superbug”) which remained lodged in the crevices of a duodenoscope after failed sterilization of the instrument. Deadly design flaws apparently made it impossible to properly and adequately cleanse the scope of deadly brown scaly deposits after previous use.

The procedure leading to his death is called ERCP, endoscopic retrograde cholangiopancreatography. It is a test that checks the tubes that drain the liver, gallbladder and pancreas.

Mrs. Carla Warner suit reveals that after undergoing the procedure her husband suffered intense pain and lost 60 pounds. He subsequently died in November of 2013 at the age of 55. Aggravating the tragedy was the fact that the infection is contagious, causing Mr. Warner to be isolated from his friends and family prior to his death.

The suit names the culprits as the Food and Drug Administration (for not preventing the situation from unfolding in one hospital after another), and Olympus Corporation (Olympus America Inc) , a primary scope producer linked to deaths in at least six instances. Olympus is alleged to have kept secret from the government information about 16 patient infections that took place three years ago. Also blamed is Custom Ultrasonics Inc, which designs, produces and sells the scopes.

The problem is widespread, causing a nationwide health scare tied to diagnostic scopes. 179 patients treated with the scope at UCLA medical center in Los Angeles were exposed to the bacteria, eight were infected and three have died. A similar bacteria took the lives of 10 patients in Minnesota in 1987. Other outbreaks have occurred in Pittsburgh, in Illinois near Chicago, and in Seattle.

The widow’s lawsuit charges that the deadly medical devices are tied to health problems and warnings not only in America, but abroad, going back as long ago as thirty years. Approximately 670,000 ERCP procedures were performed in America in a recent year.

Advocates for a Young Victim of Neglect Seek Payback from a Washington State Health Agency

It’s taken three years but the Washington state Department of Social and Health Services now faces a $27 million lawsuit for allegedly dropping the ball on this one … the victim was a blind, disabled teenager.

Heathers-teachers-quotePolice say that in October of 2012, emergency responders arrived at a home in North Bend, Washington to investigate April and Jeff Henderson; a couple who was supposedly caring for then 19-year-old Heather Curtis. Detectives say they found Heather Curtis in a room with a bunk bed, lying on the mattress with only a light blanket to cover her. Among the dirty diapers, feces, garbage, smell and flies milling about was Heather; naked except for a very soiled diaper. Investigators say they originally thought Heather was a child of 7 or 8 years old because she was extremely malnourished, emaciated and writhing in pain. Heather Curtis is blind, has spastic quadriplegia and cerebral palsy. Her teeth had decayed to the point where she, after being removed from the home, required 19 root canals. At the time of her rescue she weighted only 68 pounds.

“I remember it like it was yesterday. It was one of the most horrible things I’d ever seen,” said King County Detective Belinda Paredes-Garrett. “She was wailing and moaning a sound I’ve never ever heard and the only thing I could compare it to would be a wounded animal.”

Court documents indicate that Heather Curtis was 10 years old when her caregiver died. Jeff and April Henderson then took her in and were paid by the Department of Social and Health Services to care for the disabled child. It was in 2003 — after the Hendersons took Heather Curtis into their home — that the DSHS received complaints of negligence. In 2004, according to state documents, Heather’s teachers noted that she wasn’t bathed and would come to school smelling of feces and urine. She had bad sores and would often come to school without a coat. The following year, more and similar reports were filed by educators and then later, in 2009, teachers formally claimed that Heather was being mistreated; the child was always dirty (with feces on her bottom, especially) and her hair missing. The child was missing a lot of school and by 2010; she was no longer in school.

The state of Washington’s King county Department of Social and Health Services’ records show that for the next couple of years, employees paid an occasional — previously announced — visit to the Henderson home but never went into Heather’s bedroom. On October 17, 2012, April Henderson took Heather Curtis to Children’s Hospital in Seattle, where a nurse documented a number of concerns. The complaint was sent to Adult Protective Services and on October 25th, police and firefighters removed Heather from the Hendersons’ home.

Heather Curtis’ new guardian and their attorney, David P. Moody, have filed a $27 million lawsuit against DSHS for failing to supervise the Hendersons’ care of the disabled child. They claim that DSHS didn’t require the Hendersons to go through training and social workers did not investigate neglect complaints. The Hendersons, who, according to police, were living a rather lavish lifestyle, received $4,000 a month from the DSHS for Heather’s care. The couple pleaded guilty to 2nd degree criminal mistreatment and received a nine month sentence of home detention.

If Heather wins her case, the multi-million dollar payout — or some type for settlement — would ensure private care for rest of her life. King County detective Belinda Paredes-Garrett visited Heather nine months after the rescue, saying that the young woman had gained weight and was back in school. It was in 2013, two months after Heather was rescued, that the DSHS enacted an automated database to better track complaints. The department says it has also increased its investigation staff.

Here’s the story from King5 News in Seattle.