Arches National Park Service Sued for Decapitation

 Negligence  Comments Off on Arches National Park Service Sued for Decapitation
Dec 092020
 

Arches National Park

Lawsuits can often run to astronomical sums, but it is rare that a sum will reach a nine-figure settlement. However, this is the aim in a lawsuit opened up against the National Park Service. The suit is aimed at the Arches National Park in Utah. The family of Esther Nakajjigo, 25, is looking to begin a suit for more than $270 million in a wrongful death and personal injury claim. The claim is made after Esther and newlywed husband Ludovic Michaud, 26, were driving to pick up ice cream on a 13th June camping trip.

During the trip, though, a metal gate they encountered was blown at them thanks to a strong gale. The gate sliced into the car, tearing through the vehicle and narrowly missed Michaud. According to the claim, filed in October, the gate sliced through the car “like a hot knife through butter”. Michaud, a Parisian now residing in Denver, said that “we just don’t want this to ever happen again.”

Tragically, Esther was killed in the incident. Her parents are seeking a sum of around $30m, while Michaud is searching for around $240m in damages. According to the claim that was put forward: “For want of an $8.00 basic padlock, our world lost an extraordinary warrior for good; a young woman influencer who was destined to become our society’s future Princess Diana, Philanthropist Melinda Gates or Oprah Winfrey,”

The National Park Service put out a statement from Vanessa Lacayo, spokeswoman for the NPS, and expressed deep regret at the loss of Nakajjigo. However, the claim of wrongful death was not addressed in the statement.

The suit itself is being taken forward by Deborah Chang, who has filed the claim on behalf of Michaud and Nakajjigo’s parents. She said that the NPS has used entrance and exit gates which have “spear-like sharp ends” and have been shown to swing into the path of roadways when incorrectly secured in the past. Chang aims to push forward with a formal lawsuit should the claim be rejected.

The NPS, and Arches National Park, stand accused of not securing the gate which was installed to swing in the incorrect direction. The attorneys also suggest that local government was aware of the dangers of the fences following an incident in 1980 when a man was impaled by a gate that was not correctly secured.

Michaud has stated that his reasoning for the sum is to try and continue the numerous humanitarian and charitable programs that Nakajjigo had started in her life.

 

Citation

https://www.fox6now.com/news/national-park-service-faces-270m-wrongful-death-injury-claim

 

 Posted by at 2:22 pm

Woman Sues Chicago Cubs for Foul Ball

 Negligence  Comments Off on Woman Sues Chicago Cubs for Foul Ball
Jun 042020
 

Chicago Cubs

For years, one of the many appeals of going to a Major League Baseball game has been the chance to make a catch of your own. All it takes is the right moment and a little bit of luck, and you could catch that ball right out of the air. However, for one 28-year-old woman, the dream of catching the ball wasn’t one she shared. So, when Laiah Zuniga was hit by a ball at Wrigley Field almost two years ago, the damage was significant.

Zuniga was six rows up from the field when a foul ball was hit, striking her in the face when she was chatting with a friend. This took place on the fifth inning of a match between the New York Mets and the Chicago Cubs. The individual suffered permanent damage to her eyesight, as well as damage to her sense of smell, taste, and also the condition of her teeth and nose. The injury also resulted in what is known as a spider fracture which extends down the face of Zuniga.

Speaking about the incident, Zuniga said: “My friend and I were sitting along the third baseline, eating food, when a foul ball hit me in the face in the fifth inning. The ball knocked me unconscious.  And when I awoke, my beef sandwich was the only thing I had to catch the waterfall of blood running down my face.”

The force of the hit was such that her teeth were actively detached from the nerves, meaning that she lost several teeth even after undergoing significant dental work. Representing Zuniga is Clifford Law Offices, who said in the claim: “Major League Baseball and the Cubs were aware that severe injuries from foul balls could happen to its fans sitting in rows near the field because it had happened many times before,” her attorney, Trace Brammeier, said.

“Just late last year the MLB announced that all 30 teams would extend netting from foul pole to foul pole this year, but it’s too late for Laiah.”

The filing claims that more than 1,700 fans have been victim to baseballs entering the stands at high speeds. However, Zuniga made clear that despite the intensity of the situation and the horrible circumstances that it had not dulled her support of the club, saying: “I’ll always be a Cubs fan.”

More to come as the case unfolds.

 

Citation

https://wbbm780.radio.com/articles/woman-sues-mlb-chicago-cubs-over-foul-ball-injury

 

 Posted by at 1:43 pm

Family Sues After Inmate Found Unresponsive in Van

 Negligence  Comments Off on Family Sues After Inmate Found Unresponsive in Van
May 032020
 

The family of Abed Michael Naqshabandi, an inmate who was held at the J. Reuben Long Detention Center, is suing the Horry County Sheriff’s Office. This comes after Mr. Naqshabandi was found unresponsive in the back of a transport van. The lawsuit, which was filed against the county and the sheriff’s office, claims that Naqshabandi was booked into the detention center on  August 28, 2019, on two charges.

He was then being transferred back to his original location, the detention center, after a trip to Conway Medical Center. He was being treated for a heel injury on September 21st, 2019, when he was found unresponsive in the back of the van. Indeed, the coroner’s office found that Mr. Naqshabandi was found with a belt around his neck.

The family has now filed a claim of wrongful death, claiming that the Horry County Sheriff’s Office knew of his suicidal tendencies. In line with this knowledge, it’s alleged that they failed to take the steps needed to monitor his condition and his frame of mind. The lawsuit also states that he had suffered from a long-term history of mental illness and he had made several expressions of suicidal intent while in prison.

Indeed, documents show that the inmate had previously tried to commit suicide when at the J. Reuben Long Detention Center – and that this was why he was taken to hospital in the first place. In the lawsuit, it’s stated that “Mr. Naqshabandi suffered injuries to his legs, feet and elbow after jumping from the second-floor tier of his housing unit on multiple occasions in an attempt to commit suicide.”

After treatment, he was placed in the back of the van which is supposed to come with video monitoring equipment to directly supervise each individual. However, the plaintiff claims that there was no adequate supervision provided from the beginning of the journey until the end, which was around 20 minutes in total. This gave Naqshabandi the time needed to wrap the belt around his neck. While CPR was administered, he never regained consciousness and passed away.

The family is demanding that a jury trial is provided, and that damages for each independent cause of action are provided – as well as gross negligence. The State Law Enforcement Division is now investigating the incident to determine the potential for criminal liability. More to come as we get it.

 

Citation

https://www.wmbfnews.com/2020/04/15/family-sues-horry-county-hcso-after-inmate-found-unresponsive-transport-van/

 

 Posted by at 8:23 am

In Iowa, a Jury Awards Man $1.29 Million in Train Derailment Settlement

 Negligence  Comments Off on In Iowa, a Jury Awards Man $1.29 Million in Train Derailment Settlement
Apr 042020
 

BNSF Train

When you go to work, the last thing that you expect to deal with is some kind of personal injury. For Eddie E. Curl, an Iowa railway worker, though, this was not an issue he could avoid. The Quad Cities resident was injured during a train derailment in 2015 and has since been awarded a total of $1.29m.

He took his previous employer, Burlington North Santa Fe, LLC, to court in 2017. He carried out the suit in Polk County. He worked as a maintenance member of their team and was carrying out work on a belt train car in Melrose, Iowa, when the derailment took place. Moving at around 10mph or less, Curl leapt some 10ft backward to try and escape the car. He managed to hurt his ankle, spine, and back, according to the lead counsel on the case, Benjamin Tobin.

Thanks to legal team Tobin and Patrick Sullivan, the suit was finally finished, and the payment was made to Mr. Curl. Tobin claimed the BNSF knew the area was not suitable for work due to the washed-out tracks where the derailment has taken place. This was likely caused by recent flooding which had taken place in the area. After the case closed, Tobin said: “The railroad knew about the washed-out tracks in the area and that’s ultimately why the (derailment) happened,”

BNSF’s Midwest operations spokesman said that railroad firm is exploring options of appeal and does not intend to comment any further at the moment. The jury, made up of eight people, provided Curl with a $500,000 payout for future pain and suffering, $300,000 for future medical care, $390,000 for future and past loss of income, and $100,000 for past and future loss of household services.

The BNSF team admitted fault eventually and offered around $12,000 in payout fees. However, Tobin said: “They said that the ankle injury was only related to the ankle sprain and that the tarsal tunnel and complex regional pain syndrome (in his ankle) was not related,”

After going back to work post-injury, Curl found that he was unable to get over the continual pain caused by the incident and was now at the point where he was unable to keep working. He stopped working in the industry in 2016, and has not been able to return to his job since. With permanent injections placed in his spine to try and minimize the pain, the hope is that Curl – who has undergone numerous surgical treatments – might finally find some relief from the pain and suffering caused due to the incident.

 

Citation

https://www.desmoinesregister.com/story/news/crime-and-courts/2020/03/13/bnsf-railroad-worker-injured-job-awarded-1-million-lawsuit/5010874002/

 

 Posted by at 3:22 pm

Michigan Files DuPont PFAS Lawsuit

 Environmental, Negligence  Comments Off on Michigan Files DuPont PFAS Lawsuit
Mar 152020
 

Dark Waters Movie

The Michigan Attorney General Dana Nessel has filed a lawsuit at Washtenaw County Circuit Court. This lawsuit has been put up against 17 defendants, including 3M and DuPont, for damages and injury that has been inflicted on the State of Michigan. The main reason for this comes from the contamination from toxic polyfluoroalkyl substances. These are known as “forever chemicals” and are typically abbreviated as PFAS. If you’ve seen the movie Dark Waters then you’re already aware of some of the history of this in other states.

The lawsuit is the first major action to be taken by the state against companies that are in the business of manufacturing PFAS. Michigan has been one of the most aggressive states in fighting back against PFAS contamination. This has become a widespread issue, and this lawsuit appears to be the first key steps to fighting back against this pollution.

The lawsuit claims that all defendants had deliberately concealed the danger of PFAS, even going as far to withhold key scientific evidence. They also allege that the defendants knowingly sold, released, transported, and supplied, handled, and used PFAS and PFAS-like materials in Michigan. It goes on to state that the defendants not only done this, but they knew the risks of doing so and the potential for putting Michigan residents in the way of harm.

You can find a full copy of the lawsuit here: https://www.michigan.gov/documents/ag/Complaint_2020-01-14_final_678329_7.pdf. You can read the entire statement from the State of Michigan, and to work out why they have made such an aggressive push to do something about this.

The most crucial part of the statement, though, is to do with the impact of PFAS and its impact on human life. Part of the statement reads: “Exposure to PFAS is correlated with several harmful and serious health effects including but not limited to: Decreased fertility; pregnancy induced hypertension and/or preeclampsia; liver damage; thyroid disease; problems with cholesterol levels; immune system problems; and increased likelihood of cancer, especially kidney and testicular cancers.”

The case will continue, and we will provide updates as and when it is possible.

 

Citation

https://cedarspringspost.com/2020/01/17/michigan-files-lawsuit-against-3m-dupont-and-others-for-pfas-contamination/

 

 Posted by at 8:21 am

$7.3 Million Settlement for Families of Toddlers Struck by Tree Branch

 Negligence  Comments Off on $7.3 Million Settlement for Families of Toddlers Struck by Tree Branch
Feb 112020
 

Fallen Tree Branch at Day Care Center

When a child is harmed in a horrific accident, there’s always pressure to find a solution to help ease the suffering of the child and their family. When an Altadena, California toddler, then 2-year-old Adelaide Palmstrom, was struck with a falling tree branch in 2017, the reaction was the same. The child was at the Pasadena Day Center in 207 when the incident took place. With the case now finally concluded, the family will receive a $7m lawsuit settlement.

The parents first filed the lawsuit in a California state court in 2018, suing the city of Pasadena as well as the day care center. They also sued a local arborist as well as the Pasadena Unified School District. The property for the care center was leased from the PUSD, with the city controlling “a portion of the location involving the tree”.

Palmstrom was hit in the head by the falling tree branch, and suffered a fractured skull, neck, and the legs. The children were playing on their lunch break when the incident took place. Two other children, aged 3 and 4, were also hurt with minor injuries and their respective families joined in with the lawsuit. With this two-year lawsuit now finally coming to an end, though, it’s been noted that “multiple notices” were made regarding the condition of the tree.

With $7.3m in settlements paid out to the three families, the majority will go to the Palmstrom family. They will receive $2.4m from the city of Pasadena alone, with the other two families receiving a split of $100,000. The school district tree trimming contractor, Merchant’s Landscape Services, will pay around $2.48m, with $20,000 awarded to the other families affected. The Linda Vista Children Center will pay around $1.97m in compensation, with $30,000 to the other families.

The last party to settle, Pasadena Unified, paid out around $300,000, though there is no public information on the disbursements exactly. The award will be doled out to the child as she ages, with the aim to help cover the cost of medical bills and provide compensation and the loss of future earnings.

With a seven-week halo and leg cast experience, Adelaide also had to undergo plastic surgery for some of the scarring. She’s also believed to have had a traumatic brain injury from the incident.

By settling the lawsuit, though, no parties admitted liability.

 

Citation

https://www.pasadenastarnews.com/2020/01/20/families-of-toddlers-struck-by-pasadena-tree-branch-settle-lawsuit-for-7-3-million/

 

 Posted by at 2:41 pm

Disney Cruise Line Worker Awarded $4 Million

 Medical Malpractice, Negligence  Comments Off on Disney Cruise Line Worker Awarded $4 Million
Jan 192020
 

Disney Cruise Ship

Recently, a Florida jury provided a $4 million payout to a Disney Cruise Line worker. The staff member was able to claim the money from the company based on her claim that she was not provided with the adequate medical care. She was hit by a car during a port of call, and it’s alleged that ship doctors did not provide the right standard of care after the incident.

The decision was made by the Brevard County jury present on the case. They agreed that Maria Ana Reis Martins should be given due compensation for the incident that had taken place. The total, according to the Miami Herald, is made up of $2m in lost earnings, $1m for pain and suffering, and $1m for punishment.

This is the first time that the Disney Cruise Line has been on the wrong end of a personal injury judgement. According to Julio Ayala, Martin’s attorney, the car hit her when she was ashore in the Bahamas. This took place in 2013. The claim is that the medical staff onboard had failed to spot three broken ribs and said that she was instead fit to continue her job as a dining room server.

A doctor back in Florida found that she had broken a trio of ribs and spent five months back in Portugal receiving medical care. Returning to work in 2014, she left after a month due to nerve damage. With a 70% negligence assigned by the jury to the company, and only 30% to Martins, it was a clear victory for her.

For all parties involved, though, the incident is now over. With a near 7-year case finally over with, it remains to be seen what precedent this particular case has laid out moving forward into the future.

 

Citation

https://www.usatoday.com/story/travel/news/2020/01/02/disney-cruise-line-worker-awarded-4-m-florida-personal-injury-case-florida/2793923001/

 

 Posted by at 8:25 am

Auto Accident Injury Nets Paralyzed Man $2.1M

 Negligence  Comments Off on Auto Accident Injury Nets Paralyzed Man $2.1M
Nov 032019
 

 

On June 29, 2015, Donald Berger was driving his minivan east on Hulton Road, in Penn Hills Township. Unfortunately, he was involved in a head-on collision with Caleb Wilson, who was heading west. Caleb Wilson caused the accident, after he crossed the roadway’s center line.

Unfortunately, Berger suffered injuries, particularly on his back, head and one leg.

Berger sued Wilson. According to Berger, Wilson was driving negligently. Defense counsel conceded liability. The trial addressed damages.

Berger sued Wilson for negligent driving.

Berger was rushed to hospital by an ambulance. After his initial assessment, Berger was diagnosed with paraplegia due to various injuries including comminuted distal radial fracture of the left femur, a nasal fracture, nasal lacerations, dislocation of the left index and ring fingers, rib fractures, closed head injury, great toe fractures, and a fracture of the T5 vertebra.

Berger was admitted and an external fixator was placed on his left thigh. Later, Berger was taken in for open reduction and internal fixation with bone grafting, which involved fixing his left femur fracture with surgical plates and screws.

During his stay in the hospital, Berger experienced a heart attack and pulmonary embolism. Consequently, a blood-clot filter was implanted and removed in February 2017. After stabilizing, he was transferred to an inpatient rehabilitation facility where he underwent extensive physical therapy. Berger was also suffering from impaired word fluency due to a frontal lobe injury.

When Berger was discharged, he experienced various complications including vascular problems on his legs, chronic venous stasis on both legs, and edema and ulcers on his toes. Additionally, the broken skin on his toes needs to be wrapped and monitored on a daily basis. Other than that, Berger has developed muscle spasticity and neurogenic bowel and bladder dysfunction.

According to physical medicine and life care planning experts, Berger’s future medical needs include a total left-knee replacement, medication, neuropsychological testing and treatment, handicap modifications and medical monitoring.

Before his accident, Berger would sometimes use a wheelchair due to multiple sclerosis. According to his testimony, he was still able to live an independent lifestyle despite his condition. However, Berger is now confined to a wheelchair due to the various injuries caused by the accident. Consequently, he requires round-the-clock assistance for activities like dressing, bathing and using the washroom.

Berger sought to recover $2.3 million to $3.6 million in future medical costs, including damages for past and future pain. Additionally, Berger sought compensatory damages for suffering and disfigurement.

According to his wife’s testimony, she has become his caregiver due to his limitations. According to the wife’s testimony, wrapping and binding Berger’s swollen feet and broken skin is laborious and exhausting. Therefore, she sought damages for loss of consortium.

According to the testimony given by the defense’s expert orthopedist, Berger femur fracture healed well, and he does not need knee replacement. Additionally, the defense’s life care planning expert testifed that Berger’s future treatment for his auto accident injury would be minimal. According to the expert’s statement, if the accident had not occurred, Berger would have still required assistance with his day-to-day activities due to his multiple sclerosis.

According to the Jury, the sum total of Berger’s damages was $2.1 million.

This report is based on information from the plaintiff’s counsel. Defense counsel did not respond to calls for comment.

 

More info

Berger v. Wilson

Verdict: $2.1Million

Date of Verdict: May 22.

Court and Case No.: C.P. Allegheny No. GD-17-007297.

Judge: Patrick M. Connelly.

Type of Action: Motor vehicle.

Injuries: Back, head and leg injuries.

Plaintiffs Counsel: Joshua P. Geist, Goodrich & Geist, Pittsburgh and Gary L. Ciao, Ciao, Torisky and O’Connor, Pittsburgh.

Plaintiffs Experts: Edward R. Westrick, orthopedic surgery; Pittsburgh;  Varsha A. Desai, life care planning; Blue Bell;  Charles J. Burke III, orthopedic surgery; Pittsburgh;  Richard B. Kasdan, neurology, Pittsburgh; William M. DeMay, physical medicine; Johnstown.

Defense Counsel: Marc B. Zingarini and Elizabeth C. Grabey, McGivney, Kluger & Cook, Philadelphia.

Defense Experts: Kathleen Ryan Kuntz, life care planning, Jamison.

 

Citation

https://www.law.com/thelegalintelligencer/2019/10/24/jury-awards-plaintiff-2-1m-in-paralyzing-auto-accident-injury/?slreturn=20190924182307

 

 Posted by at 7:25 am

St. Louis Lawsuit Settles at $385,000 for Tilles Park Injury

 Negligence  Comments Off on St. Louis Lawsuit Settles at $385,000 for Tilles Park Injury
Sep 262019
 

 

When someone goes to a location like Tilles Park in St. Louis, Missouri, or any kind of fun-filled location, the aim is to have fun and to cut loose from the challenges of the normal day. However, when those trips become a challenge in themselves, it can be easy to see why people react with negativity.

A personal injury claim that was recently put against the city of St. Louis has now been settled. A young girl who was alleged to be smashed with a 200lb racquetball door that was left off of its hinges at Tilles Park has now been provided with a settlement.

The settlement, provided by St. Louis Circuit Court Judge Michael Mullen, awarded a settlement of $385,000. This included $128,333 in attorney fees, paid to the Zedan Davidson Roman law firm. Around $208,000 was set aside in annuity and trust for the girl, who is aged 7 at the time of writing. The remainder of the fees will pay for medical and miscellaneous costs.

With a cap of $430,000 on damages per person in a personal injury lawsuit against public entities like a city, this was pretty close to reaching the limit. The individual who was harmed was placed in a medically induced coma in 2016 for a period of close to one month. It’s believed that she could suffer from long-term harm due to the injuries that she has suffered.

It’s a major win for the family, as well as for anyone who has witnessed the kind of pain that can take place when a minor is injured. Speaking about the reason for the incident was the grandmother of the injured party, Tammy Poirrier. She said: “They need to take more responsibility and actually do their work orders in a more timely manner.”

 

A reward in kind

She also stated that if the city does not have time to correct broken and damaged equipment then it should be removed from the premises.

The door has previously been reported to park facility maintenance staff, but nothing was done about the repair in time. However, the city of St. Louis still claims that it has done nothing wrong. In settling the matter, the city “…intends merely to avoid further litigation and buy its peace,” according to the records now stored at the court.

The main thing is that the injured party has survived, and that some form of compensation has been provided for the individual who has been harmed. Hopefully, it will lead to an improvement of on-park standards and ensure that, in future, people will be cared for when they happen to be on the premises.

 

Citation

https://www.stltoday.com/news/local/metro/st-louis-settles-lawsuit-for-involving-girl-injured-at-tilles/article_90379e32-93f6-5e62-b104-05d154f4e15b.html

 Posted by at 4:41 pm

Plunging Elevator Results in Lawsuit

 Negligence  Comments Off on Plunging Elevator Results in Lawsuit
Mar 052019
 

Getting in an elevator (lift) can feel like a daring, worrying experience. Those who don’t like being in confined and tight spaces will know exactly just how this can feel. However, when a lift that we get into does actually lead to a problem, it’s easy to see why people react with so much fear and shock. Lifts are supposed to make our lives easier – so when one fails, people often take action as form of compensation.

Indeed, this is now the case of a court action in Fort Worth, where a nurse in a Fort Worth hospital is suing the Thyssenkruppt Elevator Corp. after the elevator that she was using was plunged a series of floors, causing significant injuries, according to the lawsuit which was filed in Tarrant County district court.

The nurse, named as Rogena Wright, works at the Texas Health Methodist Hospital, and is an administrative supervisor at Harris-Alliance, also. On January 23rd, 2018, she was riding the lift at the Harris-Alliance when it fell down several stories, causing her to suffer injuries in the landing.

Also, the lawsuit alleges that there had been other incidents involving the elevator in the time prior to the incident with Wright. There were also recorded incidents after the event – though the lawsuit itself is sketchy on the details of other such incidents.

Two inspectors are named as part of the lawsuit, too, having been accused of failing to detect dangerous conditions within the elevator. According to the lawsuit, Thyssenkrupp failed in their duty to maintain their elevator to the correct standard.

The injuries suffered were extensive, including a herniated disk, injuries to the left ankle and lower back, bruising to the arms and issues including headaches, dizziness and tingling in the back, arms, feet and also head. The lawsuit claims that Wright has been unable to work due to the issues.

Suing Thyssenkrupp and the inspectors for a sum of $1 million, the firm’s spokesperson said simply that the firm will not comment on impending litigation.

 Posted by at 9:56 am