Archive for negligence – Page 2

Parole Officer’s Son Commits Suicide Using His Father’s Service Weapon

In the early morning hours of Valentine’s Day 2017, 18-year-old Marist High School senior William Han Manstrom-Greening committed suicide by using his father’s unsecured service weapon. William’s father Glenn Greening, along with Greening’s employer Lane County, have both been named as defendants by William’s estate in a wrongful death lawsuit filed just last week. According to the lawsuit. “On February 13, 2017, Lane County Parole and Probation Officer Glenn Greening left his Glock 19 duty weapon and ammunition readily accessible, loaded and unattended inside his home, and went to bed. His son, William Han Manstrom-Greening,” having gained easy access to the unsecured weapon then used the gun to kill himself.

The suit goes on to say that Lane County Parole and Probation, together with William’s father Glenn Greening, not only enhanced the dangerous circumstances surrounding the young man’s passing but in the end were the cause of William Han Manstrom-Greening’s wrongful death. “Lane County failed to ensure that Glenn Greening, an armed Lane County parole officer, properly stored his handgun.” Finally, the suit uncovers the previous history that Greening was suspended from carrying a gun in 2004 for threatening and harassing William’s mother. Despite this incident, the county re-authorized Greening to once again carry a gun in 2012.”

David Park, the attorney representing William’s estate says “law enforcement officers should be held to the highest standards of firearms safety. Doing so requires careful selection of the persons authorized to carry firearms as well as careful supervision of those persons, once selected.” Without access to his father’s gun, the wrongful death suit alleges that William would still be alive today.

Adopted at the age of just eleven months, William grew up In Eugene, Oregon as a well-liked scholar-athlete who ran cross country, played soccer, flag football, basketball, and baseball all while maintaining a 3.6-grade point average. William has been described an especially kind young man who was known to enjoy volunteering, traveling, playing a variety of board games and spending time with his family and friends. William’s future plans included attending Oregon State University with his fellow Marist High classmates following graduation this past spring.

Widow Sues Power Company for Negligence that Led to Husband’s Death

UHP Trooper Erick Ellsworth’s widow is suing Rocky Mountain Power and a teenage girl (not mentioned in the suit) for the deadly car crash that led to the death of her husband.

Erick was serving in a cleanup of a sagging cable which apparently had been sagging since 28th November 2016. Erick succumbed to his injuries 4 days later after being struck by a car being driven by the teenager who is not mentioned in the suit because she is a minor. The cable was not fixed by the time Erick was arriving there.

The lawsuit was filed on a 3rd district court on 2nd February, 2018 states that “Rocky Mountain Power by acts or omission, caused serious injuries to Erick Dale Ellsworth and ultimately his death.” Rocky Mountain Power had been informed about the cable though no one came to repair before the arrival of Erick.

Erick parked his car at the edge of the street for oncoming vehicles to spot the cable by shining his car head lights on the cable. Erick stopped a semitrailer truck at around 8:37 pm that would have snagged the cable if it attempted to go under it.

After efforts on trying to reach a spokesman for Rocky Mountain Power to speak on the accusations, he declined to comment on the charges. The company made no efforts to comment on any of the accusations against them.

According to the lawsuit, the teenager’s truck struck Ellsworth suddenly and without any warning. This has brought disorientation to the home of Erick Ellsworth. The lawsuit was made accusing the first defendant, Rocky Mountain Power, of negligence. The minor was sued for reckless driving and the issue of underage driving seemed to be a possible lawsuit that will also befall the minor.

Janica Ellsworth, the widow, is inquiring for compensation for Medical expenses, funeral, and other bills. She is also seeking compensation long run wages for loss of care, comfort, guidance, love, society, affection, support, associations, and services that Erick would have provided. Janica has requested for a jury to give the verdict on the case.

Erick Ellsworth was 31 at the time of his death and had served as a trooper for seven years. He left behind his wife and three sons.

A Chicago Father Sues Foster Care for Negligence After His 9-Month Old Baby Died

A Chicago northwest father has filed a lawsuit against childcare claiming that the program denied him his constitutional rights and freedom as a father and released his 9-month old daughter to her careless mother who later caused her death. Justin Freeman describes the program in question as an option to foster childcare and claims that the program blatantly declined to release Cherish to his care.

Negligence

Justin Freeman filed a lawsuit on February 7th, 2018 accusing the non-profit organization of negligence by declining to release his daughter to him without the mother’s consent after he was employed. He says that the organization, later on, conspired with the mother of the child and released the 9-month old toddler to her mother without him knowing.

The couple had voluntarily taken their baby to the SFC (Safe families for Children) program in early September after they were unable to provide for themselves. The organization, which is based in Chicago’ northwest side, is a non-profit organization that helps parents who are unable to provide for their toddlers.

The baby died on December 20, 2017, shortly after she had been released into her careless mother’s custody against the wish of her father. Justin Freeman believes that baby Cherish Freeman died as a result of Shanquilla Garvey’s actions inside her Joliet motel’s room.

The Lawsuit

The lawsuit further claims that Freeman believes that his child could not have died if her custody had been handed to him instead of the mother since he knew the nature of environment the mother was living in and the kind of people that hang around her although his plea was ignored despite raising these concerns. The lawsuit further states that there had been previous serious allegations leveled against Shanquilla Garvey by the father of her other kids.

Justin Freeman states how he loved his daughter so dearly that he wouldn’t allow anything wrong to happen to her if he was allowed to take her from the organization.

SFC organization declined to talk about the matter and only stated that the organization was shocked and saddened to learn about the death of baby Cherish Freeman and reiterated the fact that parents retain complete guardianship of their kids even when they are at the organization.

Shanquilla Garvey, the baby’s mother was arraigned in court and charged with provoked battery; denied cash bond and is still locked up in custody.

SoyNut Butter Co. Sued on the Grounds of E. Coli Contamination

Just a few days after recalling its I.M Healthy SoyNut butter, SoyNut Butter Co. gets sued by parents of an 8-year-old child hospitalized with E. coli after consuming the spread.

The Center for Disease Control and Prevention estimates that the boy is one of the 12 people infected with E. coli. So far, the outbreak has been reported in five states — Arizona, Oregon, New Jersey, California, and Maryland. Out of the 12 infected, eleven of them are children.

Erin Simmons and Mosby of California argue that their son was diagnosed with hemolytic uremic syndrome (HUS) after regularly eating the SoyNut butter, which is the company’s peanut butter substitute. The condition was so dire that the young boy had to undergo a blood transfusion and dialysis — hospitalized at Stanford Children’s Hospital for 21 days.

E. coli (Escherichia coli) is a bacterium that thrives in animals and human’s digestive tracts. A person can become infected with E. coli after getting into contact with stool, or feces, of animals or humans. It mostly happens when you eat food or drink water that is already contaminated by the E. coli bacterium. Out of the many types of E. coli, only a few of them are harmful and may cause the following:

  • Bloody diarrhea
  • Severe anemia
  • Kidney Failure
  • Urinary tract infections
  • Sometimes death

Although the case is still ongoing and we cannot predict what the final judgment will be, there are a few things to understand about this case, which can shape and influence the verdict. These are:

  1. Most cases arising from a food poisoning fall under product liability, meaning that SoyNut Butter Co. may be held liable for selling defective products.
  2. SoyNut Butter Co. could also be held liable for negligence. The company did not provide a safe environment for the production or manufacture of the SoyNut butter.
  3. There is also another possibility that the company may be held liable for breach of implied warranty. This concerns about the notion that products sold to the ordinary consumers should meet their expectations.

The New York MTA Will Sue City for East Harlem Fire That Wreaked Havoc for Metro-North Commuters

A neighborhood plant nursery, a place to pick up soil for windowsill herb gardens or some potted plants to give as a housewarming gift, hardly seems the sort of place likely to house the materials capable of creating an explosive situation, but on May 17, the Urban Garden Center in East Harlem turned out to be combustible. Workers mistakenly poured gasoline onto a generator, causing the lot, which the garden center used to store materials that included flammable fertilizer and wood pallets, to be quickly engulfed in flames. The four alarm fire occurred directly underneath Metro-North train tracks, severely disrupting service to three lines: the Hudson, Harlem and New Haven, all of which run out of Grand Central Station to points north.

MTA-fire-lawsuit-NY-quoteWhile no one was injured, the fire left between 30,000-40,000 commuters stranded in Grand Central on that Tuesday evening, as the MTA worked through the night to try and make enough repairs to allow for limited service for the morning commute on the following Wednesday. In the end, serious structural damage led to major delays and disruptions for a few days for the tens of thousands of people who use those lines during each weekday commute. Now, the MTA has warned that they will file a lawsuit against the city of New York.

Last Wednesday they filed a notice of claim, stating that the fire was due to the city’s “carelessness, negligence and recklessness” in allowing the storage of flammable and explosive substances underneath the elevated railroad tracks. Soon after the accident, Urban Garden Center, was served with four summonses for its storage of gas and propane and an illegal generator. They have since renegotiated their lease and remain open on the same land, which is owned by the Economic Development Corporation of the city, which has also been specifically named in the suit. While the MTA has not commented on the exact amount of damages it will seek in its suit, it has said that it is looking to recoup the lost income from the period of time when the trains were not running, or running at diminished capacity, as well as the cost of repairs to the tracks from the fire.

Both David Mayer, the MTA’s chief safety officer, and a spokesman for the mayor’s office have both stated that in the wake of the fire, an office has been set up to monitor and regulate safety measures regarding the property underneath the train tracks.