Archive for Lawsuit – Page 7

Uber Facing Lawsuit in Death of Passenger in Miami

Popular transportation-on-demand company Uber is facing harsh criticism and a wrongful death lawsuit after a fiery crash claimed the life of a 20-year-old man in Florida’s Miami-Dade county in the early morning hours of December 27.

Shafena Mohamed and Pablo Sanchez Sr., mother and father of the man killed in the accident, filed suit in Miami-Dade Circuit Court on January 8 against the company and the two drivers involved in the crash, Uber drivers Jean Ralph Adam and Adam Shamma Chery.

 

According to the court filing, Pablo Sanchez Jr. called for a ride on the night of the 27th to take him and some friends from downtown Miami to his parents’ home in Country Walk approximately 30 miles away.

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The GMC Yukon he was riding in turned sharply into oncoming traffic, flipped on its side and caught fire. Sanchez was trapped inside the wreckage and died. The drivers and other passengers escaped.

The lawsuit claims that Uber is negligent in its driver screening process and takes no precautions to ensure that drivers aren’t driving while fatigued or otherwise impaired. According to the plaintiff’s attorney, Andrew Yaffa, “Many of these drivers are using Uber to supplement their lifestyle. You may have folks that have two and three other jobs and are coming on duty late in the day. Somehow, someway there needs to be safeguards that Uber is not putting people that are on the verge of falling asleep behind the wheel and responsible for our children.”

Although thousands of Uber drivers currently operate in Miami-Dade county, the service is technically illegal because it doesn’t comply with the county’s car-for-hire regulations. Miami Mayor Carlos Gimenez and the county commission are trying to reach a compromise on differing proposals on driver screening procedures that would lead to legalizing Uber operations in the county. The final proposal is scheduled for an initial vote on January 20.

Bill Gibbons, a spokesman for Uber, had no comment on the lawsuit or company policies but said, “We are deeply saddened by this tragic accident, and our thoughts are with all those involved and their families during this very difficult time.”

Uber does carry commercial insurance on its drivers, with a policy that offers $1 million in coverage once a ride has started.

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.

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.

High School Football Hazing Assault Results in School District Lawsuit

A six-month investigation into the suicide of a 17-year-old high school student from Milton High School that led to the conviction of five football players on various charges has now led to a lawsuit against the school district as well as several administrators.

HighSchool-hazing-deathLawsuit Overview

Milton High School, the Milton School District, Superintendent John Barone and Principal Anne Blake are all named as defendants in the lawsuit filed by the young man’s family. The lawsuit claims that the defendants failed to prevent the hazing and bullying of Jordan Preavy, who was a member of the Milton High School football team at the time.

Legal documents indicate that Jordan Preavy was the target of an assault by several of the other members of the football team, and that assault eventually lead to his death. The victim’s family has filed this lawsuit holding the school district and the named defendants responsible for not upholding their bullying and hazing policies to prevent the assault and the resulting hostile educational environment.

The lawsuit claims that the defendants had sufficient previous knowledge of the hazing traditions, which were long-standing among the football team. It goes on to assert that, despite this knowledge, no effort was made to protect the football players who were typically targets of this type of behavior.

Restitution Requested

According to the court records, the lawsuit doesn’t name a specific dollar amount that the family is seeking, but does ask that the courts order financial restitution for pain and suffering. It also asks the courts to take into consideration the emotional distress caused by the incident and the loss of dignity on the part of the victim after the assault. The family claims that the assault and hazing interfered with the victim’s ability to obtain an equal education because of the hostility of the environment after the trauma.

The School District Response

The report also indicates that the school’s now-retired athletic director and teacher-coach both attempted to report the incident, but did so directly to the principal and superintendent, who failed to act on the complaint. The superintendent is currently on paid leave pending the trial outcome with an interim superintendent being hired to fill the vacancy.

Planet Fitness transgender locker room policy lawsuit

As the march for LGBT rights has blazed through marriage equality and into new territories, businesses around the country have found themselves in hot water over transgender-related policies. Earlier this year, Planet Fitness in Midland, MI ran into some such trouble when a member was horrified by the presence of a transgender woman in the women’s locker room.

Planet-Fitness-quoteThe member, 48-year-old Yvette Cormier, noticed a transgender woman in the Midland Planet Fitness locker room in late February, and began to warn other gym members that “a man” was using the women’s locker room. When Cormier took her concerns to the front desk, she was told that the individual identifies as a woman. Unsatisfied, Cormier escalated her concerns to the corporate level, only to be met with one of the company’s regular slogans: Planet Fitness is a “no judgment zone.” Yvette Cormier says she then cancelled her membership and sought legal action. Cormier and her lawyer filed a complaint, charging that the Planet Fitness policy regarding transgender individuals puts women and children at risk, and encourages “possible criminal activity, including potential indecent exposure, disturbing the peace, and child abuse criminal actions.”

Now, representatives for both the Planet Fitness parent company and the Midland location are seeking dismissal for the case, arguing that Cormier’s complaint contains no allegation of legitimate criminal offense, or of any activity that may have created a hostile or sexually inappropriate environment. In their response, lawyers for the defendants cite a variety of cases, both open and closed, that concern transgender use of bathrooms, locker rooms, etc.–many of which have ruled in favor of transgender rights. They also point out that Cormier’s concerns are targeted toward existing non-discriminatory policies, and that to reverse it could invite a deluge of new lawsuits by transgender individuals charging Planet Fitness with discrimination. Ultimately, their response says, Cormier’s claims are “factually and/or legally deficient, and must be dismissed.”

Cormier’s representative, lawyer Dave Kallman, remains unfazed. Regardless of the motion for dismisssal, Kallman appears confident in the strength of the original complaint, and is ready for a judge to rule. A hearing is currently scheduled for September 25th, 2015.