12.29.07

Dead Man Not Liable In Lawsuit Against Him

Posted in Frivolous Lawsuits at 8:11 am by kevin

In 2003, Walter Rich died in the infamous Station Nightclub fire in Boston, which took 100 other lives. But, this hasn’t stopped an old friend, Brian Sullivan from suing him. While at Rich’s home, Sullivan tripped over a 55-gallon drum buried in the garage floor. The fall caused Sullivan to tear his right rotator cuff, which required medical attention.

The judge in the case ordered that Walter Rich’s duty of care towards Sullivan and all other individuals ended upon his death. This case has set a precedent in the state, oddly enough, limiting the liability a person may incur only to the time in which they are living.

12.20.07

Utah Supreme Court Reinstates Snowbird Lawsuit

Posted in Negligence at 4:08 pm by kevin

While skiing, William Rothstein suffered internal injuries after he hit a poorly marked retaining wall. Rothstein sued the ski facility Snowbird Corporation citing negligence in failing to properly mark the railroad ties that were stacked as a barrier.

The lower court ruled in favor of Snowbird, saying that Rothstein had assumed the inherent risk of skiing and signed two waivers stating he was aware of the risks. The Utah Supreme Court overruled the lower court’s decision, however, restoring the lawsuit and clarifying state law as it pertains to negligence.

12.12.07

Summer Shipp’s Daughter Files Wrongful Death Lawsuit

Posted in Wrongful Death at 6:49 pm by kevin

The daughter of deceased door-to-door surveyor, Summer Shipp has filed a wrongful death lawsuit against the company her mother worked for. Brandy Shipp has stated that marketing research firm GfK NOP, Roper ASW did not do enough to protect her mother from the perils of door-to-door marketing.

The lawsuit says the marketing firm was negligent in several areas including not checking assigned areas for sexual predators and not giving employees equipment to protect themselves. After missing for three years, the remains of Summer Shipp were found in Jackson County, Missouri in October this year.

12.05.07

Dennis Quaid Sues Drug Maker for Twins’ Overdose

Posted in Negligence, Products Liability at 4:15 pm by kevin

Actor Dennis Quaid and wife Kimberley Buffington are suing Baxter Healthcare Corporation for $50,000 is damages. The lawsuit alleges negligence in having similar labels for 10-unit and 10,000-unit vials of heparin.

Twins Zoe Grace and Thomas Boone were given accident overdoses of the drug, used as a blood thinner at Cedars-Sinai Medical Center in Los Angeles last month. Cedars-Sinai has since apologized for the preventable medication error.