Archive for negligence lawsuit

Are Wichita Children Safe at Daycare?

You expect your children to be safe when you drop them off at daycare in the morning. However, that isn’t always the case, as two recent cases in Wichita illustrate. One involves an 18-month-old who inhaled a piece of kernel corn in October 2017 that had to be surgically removed from his lung. Another case involves a nine-month-old who came home bruised and scratched in April 2017 after a daycare worker repeatedly yanked him up off of the floor. Both children had been attending their daycare facility for less than a week. Both sets of parents filed lawsuits, citing negligence.

Keeping children safe

” Every child deserves to be safe at a daycare and parents deserve the peace of mind to know that their children are safe when they drop them off,” said Richard James, a Wichita attorney representing one set of parents in their suit against Kindercare of Wichita. KinderCare’s Emily Snyder responded by saying, ” The safety and well-being of the children in our care is one of our highest priorities.”

The older daycare facility being sued is Snails and Puppy Dog Tails Daycare, a facility that Elizabeth West ran out of her home until she closed down the business in August of this year. However, she denied any wrongdoing, saying, ” Feed corn is offered at a lot of daycare centers. It’s sensory experience for children.”

These two cases aren’t the only ones involving daycare facilities pending in Wichita courts. Another case, this one involving a 10-month-old who fell or was dropped at a daycare center near K-96 and Woodlawn, claims the child was injured due to a staff member’s actions or negligence. Like the other two cases, these parents are seeking a settlement of more than $75,000.

How widespread is daycare neglect

The actual number of children injured in the Wichita area is difficult to ascertain since such injuries are not required to be reported. The official numbers state that 26 children died as a result of injuries at daycare centers in Wichita from 2010 to 2016.


SoCal Edison Sued for Deadly Wildfire, Mudslides

Southern California Edison (SoCal), the City of Ventura, and the regions’ Casitas and Montecito Municipal Water Districts are alleged to blame for one of Southern California’s largest wildfires, and its aftermath – deadly mudslides in Montecito. This is according to two class-action lawsuits brought on behalf of multiple victims, who lost homes, were unable to work, and whose loved ones died.

George Lewis vs. Southern California Edison Company filed December 15, 2017, in Ventura County Superior Court, alleges that during their construction activities in Santa Paula, Calif., SoCal employees failed to “ensure that surrounding trees and vegetation were trimmed and kept at a safe distance.” This negligence, the complaint states, caused the area’s dry vegetation to ignite. Plaintiffs’ attorneys also claim that the electricity provided by the City of Ventura and Casitas Municipal Water District was not adequate to power water pumping stations and fire hydrants.

As a result, the 8,500 firefighters battling what turned out to be the fifth largest fire in California history, were not able to contain the blaze early on. Nearly 100,000 residents in a 17-mile area were forced to evacuate.

The subsequent lawsuit, filed January 12, 2018, In Superior Court of Santa Barbara County, blames SoCal and The Montecito Water District for the Montecito mudslides that buried and closed Highway 101 in much of Santa Barbara County. According to the complaint, the Thomas Fire made the area vulnerable to runoff excesses, as well as erosion debris and mud flows during heavy rains.

The Thomas Fire claimed two lives and destroyed 281,000 acres and 1,000 properties. The Montecito mudslides were far deadlier, killing at least 20 people, destroying 1,000 homes, and damaging thousands more. Cost estimates of the dual disaster, in firefighting efforts, and land and property damage, well exceed $100 million.

Westlake Village Attorneys Robinson & Associates filed both lawsuits, joined for the second by attorney Joseph Liebman, and the law firm of Foley, Bezek, Behle & Curtis, LLP, both of Santa Barbara.

According to Southern California Edison, the California Dept. of Forestry and Fire Protection (Cal Fire), additional fire agencies, and the California Public Utilities Commission are investigating. The fire’s official cause has yet to be determined.

Suit Brought Against San Bernardino Starbucks Beverages Contaminated by Employee Bodily Fluids

The unsuspecting Vice family of Redlands strolled into a San Bernardino Starbucks on Feb 6, 2016. The family consisted of four patrons, husband and wife, Louis and Amanda, his mother, Rhonda Agles and their 2-year-old daughter Payton. The family took their drinks home and Louis’s mother noticed a red streak on her cup, she went to smell it and could smell something metallic. She didn’t really think too much of it until more red marks were discovered on the inner and outer portion of other cups. Together they deduced that it must be blood and since none of them were bleeding, it must have come from an employee.

Both mothers of the group called the Starbucks to find out if one of the employees were bleeding and it turned out that one had been. Both women complained that they or their family could be in grave danger due to this misstep. They claimed that the store manager offered them free drinks for a week due to the bad experience, but they declined, claiming that it was insensitive. The Vice’s wanted the Starbucks employee to have a blood test so that they would know if they were in danger of contracting, HIV or Hepatitis or some other blood-borne disease. Due to federal privacy laws, the best the family could do was to have testing done on themselves over the course of six months to see if they had in fact contracted anything.

The corporate office offered the family a total of $4,000 since they had to go to all of the trouble of being tested. This was not enough for the Vices, they filed suit to sue for negligence, emotional distress, assault and the list goes on. They claim that the whole experience has been overtly traumatic, due to the fact that Starbucks did not seem to care about the severity of the issue and they are demanding to be compensated. So far there has been no public response from Starbucks and the San Bernardino store remains open to this day about two years after the incident.

Washington State, Monroe School District, and Monsanto Sued Over Chemical Poisoning In Schools

The state of Washington, Monsanto and Monroe School District have been charged over a high level of toxic chemicals found in a learning center. The lawsuit has been filed by over forty females constituting of parents and teachers. They are blaming these three institutions for the contamination and its resulting poisoning at the Sky Valley Education Centre.

Children and teachers poisoned

The petitioners cite conditions such as skin peeling, seizure, and respiratory problems, among others as the effect of a chemical poison in the school. Some parents explain that their children always became sick in the school and felt better when they left. Some explain that their children developed asthma from a result of such poisoning.

Monsanto blamed

Monsanto appears as a defendant because it is the manufacture of the chemical in question, Polychlorinated biphenyls, PCBs. The firm produced these products without warning the public of its harmful nature. The compound was outlawed in 1970 but remains in use to date.

State of Washington and Monroe School District‘s failure

The lawsuit points out that the state and the School district allowed continued use of the building an education facility despite their knowledge that it had PCB. It refers to a study by the state in 2006 and 2007 that revealed a high level of contamination in the building. Despite the requirements of the state law on safety, the school did not close its door.

A plethora of health issues

Several health issues are alleged to have resulted from this neglect. Some of them include breathing and cardiac problems, autoimmune, skin problems, thyroid and endocrine disorders and stunted development in children. Others include early onset of puberty, asthma, liver damage, stomach pain, vision impairment, and reproductive disorders.

A good school

The only reason why most parents had kept their children in the school is that it felt like a second home to the students. Such is because parents are required to take part in the daily lives of their children.

Defendants’’ response

In response to the lawsuit, the attorney of the Monroe School District provided an elaborate statement of the steps it has taken to ensure the safety of students in the facility. Monsanto on the other end only pointed out to the fact that when it produced PCBs, they were legal and so has no question to answer in the matter.

Family Files $2.5 Million Negligence Lawsuit After Boy is Injured at Dublin Water Park

The family of a 10-year-old boy is asking for $2.5 million in a lawsuit over injuries the child sustained in a Dublin waterslide accident in May 2017. Although the parents originally filed a $25,000 claim against the city, they are now naming the city, the state of California, the Wave Water Park, and the waterslide manufacturer as plaintiffs in a larger suit, citing negligence and emotional distress.

Mother Susanna Jones and her son expected a day of fun and leisure when they showed up for the opening day of Dublin’s new city water park. A mere 90 minutes into the park’s launch, the experience quickly turned frightening as the boy flew off the side of the Emerald Plunge waterslide and skidded onto the concrete. Jones says she took her son to the park’s first aid station, which wasn’t adequately equipped to deal with the boy’s injuries.

Emerald Plunge is a three-story waterslide with an 80-degree decline that flattens out toward the ground. Footage of the incident shows the boy toppling over the edge near the bottom of the slide, and the family released photos of scrapes and bruises on his arms, legs, and back. The lawsuit alleges that the sides of the waterslide were poorly designed and the city failed to provide proper protection for children. It also questions whether regulators misjudged the appropriate height requirements for riders using the slide.

According to reports, city officials immediately closed Emerald Plunge and another waterslide while working with the manufacturer to test the rides and make sure they are safe for children. Jones is hoping to hold the state and manufacturer accountable, as regulators from both organizations were responsible for testing and approving the waterslide before the park opened.

For now, the matter remains unresolved as both sides offer up conflicting stories. According to the family’s lawyer, the city never responded to the $25,000 lawsuit, prompting the boy’s parents to file a new claim. On the other hand, the city issued a public statement claiming the family did not submit information to support the claim and bring the incident to an end. For the family, the most important thing is to compel the city and state to improve the regulation of city water parks, so other children feel safe playing in public facilities.

The Danger of The Baseball Rule And The Risks Involved

60-year-old John ‘Jay’ Loos filed a lawsuit for negligence against the Cubs after he got a blind left eye in August after being injured by a flying ball as he sat down near the outfield of Wrigley Field. He told reporters “When you are sitting behind the home plate, you can’t tell the speed of the ball or where it’s going until it’s on you.”

Similarly, in 2009 Juanita DeJesus broke some bones in her face leading to blindness in her left eye after she was struck by the ball. The Indiana Supreme Court dismissed her lawsuit.

In children the injuries can be catastrophic; in 2008 the Tribune reported that a Seven-year-old fan present at his first Cubs baseball game in Wrigley field got a head injury by a line drive that left him with swelling in his brain and a cracked skull. There is no evidence of any lawsuit filed by the family.

While seated behind the Cubs home plate, a fourth grader, Delbert Yates Jr., sustained an injury to his right eye by a ball from Leon Durham in 1983. The family won a $67,500 jury verdict after his attorneys presented evidence that proved the protective screen that was behind the base was not enough. The verdict was upheld in 1992 by a states appeal court.

Oakland U.S. District Judge Yvonne Gonzalez Rogers while ruling on a group-action lawsuit asked why the Major League Baseball had not done enough to mitigate danger especially to its young fans, “It’s a mystery why the league fails to highlight the danger to parents, particularly knowing the risky exposure to children.”

The more than century-old baseball rule frees the stadium owners from any liability in regards to injuries as long as the protective netting shields substantial seats in the home plate area. The rule also assumes fans seated in other areas are aware of the danger of injuries from a flying ball or a broken bat. A study conducted in 2003 found that 35 fans, per one million visits to the league stadiums, were injured by foul balls.

Plenty of lawsuits in regards to baseball injuries have been thrown out by judges across the country; Illinois, in particular, has enshrined the Baseball rule into law. The League, in 2015, recommended that any seats at the field level within seventy feet of the home plates should be behind netting; this was to be applied in all ballparks.

Firms’ Negligence Allegedly to Blame in Royal Palm Beach Teen’s Death

Royal Palm Beach — On the night of January 25, 2016, at 8:13 p.m.,16-year-old Yessica Angel-Moreno was riding her bicycle home from her first night of English language class at Royal Palm Beach High School, near Okeechobee Boulevard. At the same time, 36-year-old Jorge Manuel Pires was in his 2005 BMW 330I, driving through a shopping center on the same road.

As Angel-Moreno rode her bicycle onto the driveway of the shopping center, Mr. Pires drove onto it in his vehicle. Striking his driver’s side door, she suffered devastating injuries requiring emergency airlifting to St. Mary’s Medical Center. Six days later, she died.

On October 13, 2017, the attorney of Angel-Moreno’s mother, Jason Cornell, filed a lawsuit in Palm Beach County Circuit Court against two firms: Timothy J. Messler Inc., the civil engineering firm responsible for Okeechobee Boulevard’s lane expansion, and Royal Arnav, LLC, the company that owns Village Shoppes Plaza.

The suit claims the Jupiter, Florida-based firms’ negligence is to blame for the teen’s death and seeks an unspecified amount in damages.

Mr. Cornell alleges that on the night of January 25, 2016, Mr. Pires could not possibly have seen Angel-Moreno riding past him on her bicycle because of the shopping center driveway’s design. He asserts Royal Arnav should have been aware that the driveway, constructed in 1983 when Okeechobee Boulevard was a two-lane road, was intended only for temporary access to the shopping center and further use was not permitted.

Furthermore, Mr. Cornell alleges Timothy Messler, Inc. should have corrected safety issues with the driveway when it expanded Okeechobee Boulevard from two to six lanes, in 2013. He notes how a sign, trees, and shrubs obstruct motorists’ view of the sidewalk. The civil engineering firm was not available for comment.

Avani Patel, the in-house attorney for Village Shoppes Plaza owner Royal Arnav LLC, said Mr. Cornell is mistaken about the crash site — that it occurred in another shopping center nearby, not in front of Village Shoppes Plaza. “It seems it’s the wrong plaza,” Mrs. Patel said.

Jury Awards $18.5 million to Jefferson, Kentucky Hunter Injured in Fall

On Thursday, August 10th, a Jefferson, Kentucky Circuit Court jury reached a verdict in the case of O’Bryan vs Primal Vantage Co., finding in favor of the plaintiff, Kevin O’Bryan. Mr. O’Bryan was awarded $18.5 million in damages stemming from the injuries he sustained five years earlier while using a product manufactured by the company.

Mr. O’Bryan was out turkey hunting on May 3, 2012, in a tree stand made by Primal Vantage Co. which he had purchased at Dick’s Sporting Goods five years earlier. Polypropylene straps securing the tree stand to the tree failed, the tree stand collapsed, and Mr. O’Bryan was seriously injured after falling to the ground. Following the incident, he suffered from chronic pain and paralysis and endured a divorce.

The legal basis for O’Bryan’s suit against the product manufacturer was founded in negligence and product liability theories that hold a manufacturer or seller liable for placing a dangerous or defective product in the hands of a consumer. In this case, though the product itself was not defective, the product’s marketing was defective in that the labeling did not warn him of the dangers. The civil case presided over by Justice McKay Chuvin ended in the jury’s unanimous ruling that Primal Vantage Co. had not provided Mr. O’Bryan reasonable warning that the tree stand’s securing apparatus — polypropylene straps — were at risk of failure.

Per the verdict form, the jury awarded Mr. O’Bryan $869,975 for past medical expenses, $1.2 million for lost wages, and $13 million for pain and suffering. Sante O’Bryan, his ex-wife, was awarded $80,000 for loss of consortium. Court records state that O’Bryan did not use a safety harness or take other precautions (such as inspecting the tree stand’s stability) which may have prevented his fall; though the jury sided with Mr. O’Bryan’s claims, they found him 50% at fault for his injuries, which reduced the damages awarded to him by half.

Ann Oldfather, Sean Deskins and Michael Hasken represented Kevin O’Bryan; Sante O’Bryan was represented by Jeff Adamson and Paul Casi III.

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.

Parents File $10 Million Lawsuit after the Death of Their Daughter

Almost six months after Jordin Taylor was found dead underneath a party bus, her parents have filed a multimillion dollar suit with the Hays County District Clerk. Jordin, a Texas State Student, met her death when she was dragged by a party bus after a fraternity party she had attended in Martindale. Her parents have filed the suit against the bus company, the multiple fraternities that had hosted events and a number of other entities involved in the event.

Freddie Joey Taylor filed the lawsuit on March 21, seeking $ 10 million in damages and compensation. The court documents allege that Skyline Party Bus Company, the management officer, Brandon Burleson, B&B Shuttles, the driver of the bus, Gabriela Wilson, SMTX Properties, VCD San Marcos River and four different national fraternities at Texas State University were negligent in their actions. The plaintiff claims that the death of his daughter was as a result of the said negligence.
Jordin Taylor was found on the morning of October 28, lying lifeless between the ground and the axle of a party bus. These events unfolded ate Cool River Ranch, a venue that had been used by Pi Kappa Alpha, Alpha Tau Omega, Kappa Alpha Order Epsilon Lota and Delta Tau Delta Zeta Delta to host events. These are some of the national fraternities at Texas State University. In the lawsuit, the plaintiff argues that Jordin was trapped underneath the bus after the vehicle had struck her during the party. It is a mechanic who found Jordin’s lifeless body the following day.

In the lawsuit, Mr. Taylor argues that the negligence of all the parties led to the failure to create a safe environment for the party. The lawsuit goes further to claim that the parties failed to ensure that there was enough security for a party whose attendance went beyond 2,000 people. According to the document, the venue had poor lighting, the organizers allowed underage drinking and that the reckless driving of the party bus driver amounted to negligence. All these actions put the safety of those entering and exiting the property at risk. In the lawsuit, the plaintiff demands that the case proceeds to a trial by a jury so that they can get fair compensation for the damages suffered.