Negligence | Major Injury Law Blog

Kickapoo ‘mud pit’ Lawsuit Settled

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Feb 042019

In one of the odder lawsuits we’ve seen in the Springfield, Missouri area, the ‘mud put’ injury lawsuit has finally come to an end. This lawsuit involved Springfield Public Schools and Kickapoo High School. While the Springfield Public Schools group denies any wrongdoing, they have agreed to pay a sum of $423,106 to settle a lawsuit filed by a former student of Kickapoo High School.

This lawsuit revolves around a 2011 incident, when the graduate was stomped into a muddy pit during a back-to-school program, leaving her with significant injuries. The student, Megan Taylor, at the time aged 17, suffered from significant damage whilst attending the “How Night,” a popular annual event at Kickapoo.

Taylor, now 25, was pushed from behind and fell into a muddy pit, face-first. According to one classmate, it was more akin to a “mosh pit” and was clearly dangerous. Taylor herself spoke about the incident at the 2017 deposition, saying: “I started screaming, telling them to get off because I was feeling really crushed. And I felt like everything was kind of just getting squished, “Then I felt my shoulder pop.”

Dragged away by a student who seen her fall unconscious during the incident, Taylor suffered significant injury due to the incident. The suit, brought against Springfield Public Schools and Lebanon Superintendent, David Schmitz – the principal of the school in 2010 – alleges that the muddy pit was nowhere near supervised enough, and that emergency aid was not delivered in a quick enough fashion.

While the district itself denies knowing any existence of the muddy pit event, the fact that sloganized t-shirts reading “There will be mud,” makes it hard to know what to expect.

The injuries suffered included a fractured collarbone as well as heart and chest tissue injuries. Indeed, the incident meant that Taylor suffered from four strokes, as well as permanent brain damage, severe dementia and even temporary total blindness that left her blind for a number of weeks.

Almost two months of missed term time was the result, and Taylor was also diagnosed with post-traumatic stress disorder.

While the full settlement details were not made clear in the settlement, Taylor had sought help with medical expenses and also an unspecified amount. When asked about the incident, Schmitz said: “I always wish every student the best, regardless of the circumstances, but I don’t want to comment beyond that.”

The Chief of Communications for the district, Stephen Hall, said: “The safety and well-being of our students will always be our first priority. We are committed to their best interests — always,” he said. “Any time one of our students is injured, our hearts go out to them, we seek opportunities to provide support, and we work to prevent future injuries from occurring. We are pleased that this case has been resolved and our very best wishes go with Megan as she moves forward.”

Water Slide Builder Settles Injury Lawsuit for $2.75 Million

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Jan 092019

When we head to a water slide park, we expect to have a tremendously fun time. It’s fun to be able to have some fun, to relax and to just let ourselves go wild. The fun is all there in front of you, and the fact you’re mostly landing in water makes it all good fun. However, accidents do happen – and when they do happen, they can often be terrifying. For Anthony Dos Santos, a construction worker, it was the latter.

Twenty-three at the time, he was injured at the Dorney Park & Wildwater Kingdom in Allentown, Pa. – Dos Santos has now settled with the ride’s builder for around $2.75m. Unfortunately, the plaintiff had lost his leg during the incident.

The court documentation showed that the incident took place on April 23^rd, 2014. Dos Santos was holding a tagline which is normally used to help control the suspended column, walking in front of and alongside the forklift. The forklift though, stopped suddenly and he was pulled directly over the wheel of the forklift due to the movement of the beam. It crushed his foot.

The lead plaintiff’s attorney from Stark & Stark, Tyler Tomlinson, said via a statement: “There was a much safer way to transport columns through the park, one that would not have presented hazards. Unfortunately, there also was not a supervisor on-site, as required by the contract, and the crew was understaffed.”

Unfortunately, post-incident surgical work was not enough to save his foot, suffering from necrosis. His right leg was amputated below the knee, with the aim of a prosthetic fitting. Dos Santos, sadly, suffered from several infections – and also suffered from phantom limb pain. Adding on top of this the emotional toll of the incident, and Dos Santos was diagnosed with post-traumatic stress disorder with depressed mood.

Married and with children, he was unable to work and, to this day, still suffers from chronic back pain and phantom limb pain. The secured fee would cover a fee for lost wages, pain and suffering as well as medical fees.

Whitewater West had a contract with Cedar Fair, which stated a supervisor was needed onsite. Cedar Fair was unaware, however, that a third party, KP Construction, was to take part in assisting the project. The owner of KP Construction, and second-in-command, were not present due to absence, and it meant a “skeleton crew” were moving the steel column on-site – a dangerous job.

However, the attorney for Dos Santos claimed that Whitewater was responsible as there was no supervisor at the Dorney Park construction site. Indeed, no Whitewater employee had been on-site for a considerable period of time prior to the injury. With claims that safer ways of moving the column were ignored, too, leading to the eventual resolution.

What You Don’t Know about the Famous Scalding Coffee Lawsuit

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Nov 052018

McDonald's Coffee

As one of the most famous (or infamous) law suits, the scalding coffee lawsuit has become a folk tale in itself. An example of how to best manage the legal system to make it work in your favor. An easy way to hold power when, in reality, the situation is out of kilter with anything you would traditionally expect. Personal injury lawsuits bring about all manner of interesting stories, and this one was easily one of the most recognized and known lawsuits of the last thirty years or so.

It took place in 1992, when 79-year-old Stella Liebeck got a cup of coffee from McDonalds in Albuquerque, New Mexico. Having got the coffee to go, she was in the passenger seat of a parked car when she placed the cup of coffee between her legs to add in some milk and some sugar. However, the coffee tipped over onto her legs and left her with severe burns.

Third-degree burns were proven, and she needed skin grafts carried out on her inner thighs and other parts of the body. Having suffered the injuries, she hired a personal injury attorney and sued the fast food chain for her damages. In the end, she was awarded almost $3m in damages from the company.

Not the first time

However, while that might sound extreme for a one-off scenario, Liebeck was not the first person to be hurt in a similar fashion. Indeed, more than 700 reports previously existed of McDonalds-related coffee injuries: including some previous paid-out settlements to others.

Admitting to the fact that their coffee was too hot to be served, served at around 180-190 degrees Fahrenheit, they also admitted that they done nothing to change the risk posed by the coffee itself. Indeed, a Quality Assurance manager even attested that it was not safe for consumption via the mouth when first poured as it was simply too warm.

Offering to settle at $20,000 to cover medical expenses and lost income, Liebeck was shocked when McDonalds would, at most, offer her $800. McDonalds’ unwillingness to correct their coffee policy meant too many people were injured and that played a part in the eventual outcome, which was described by one juror as a “callous disregard for the safety of the people.”

So, when you see this claim that McDonalds got torn to shreds in court for “just one” spilt cup of coffee, think again. It usually would take a pretty significant amount of evidence to succeed with the claim made; that has now been proven to be the case. So, the next time you hear someone use this case as an example of a legal system gone mad, correct them and ensure they know this wasn’t just a once off!

Brain Injury Lawsuit May Unravel NCAA Football

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Jul 102018

For some time now, National Collegiate Athletic Association (NCAA) football has been in the middle of a massive lawsuit that, if it goes a certain way, will change sports for good. The brain injury lawsuit currently underway will hold incredible repercussions for the sport, and could lead to transformative changes at all levels of not just football, but all sports.

The case argues that NCAA ‘dropped the ball’ when dealing with the protection of the brains of a football player. This is the argument put across by the widow of a now-deceased player. The lawsuit is built around chronic traumatic encephalopathy, otherwise known as CTE. It’s a neurodegenerative illness, and has become a major talking point in sport very quickly.

NCAA Football Injury

The National Football League (NFL) settled for around $1bn with the families of players who had suffered brain damage. The College Athlete’s League also agreed to provide free bi-annual medical screening for all athletes. Now, the NCAA is set to take the matter to public court as they head to Texas civil court to fight their corner.

Starting on June 11^th, the trial is a landmark case in that it’s the first time NCAA reps will be answering questions in a court with regards to brain injuries, their knowledge of CTE and whether information was concealed with regards to the potential for danger.

A landmark moment in sporting history

Debra Hardin-Ploetz, the plaintiff in the case, is the widow of Greg Ploetz. Ploetz was a linebacker and defensive tackle for the University of Texas, playing from 1968-1972. He died in 2015, and Boston University neurologists spent time looking at his brain. They found that he suffered from the ‘most severe’ form of CTE, and that this played a major role in what killed Ploetz.

Suffering from major symptoms including aggression and severe confusion, he eventually lost the ability to respond to questions outside of single answer response, and he needed full-time medical care.

Suing for $1m on the grounds of negligence in warning or protecting Ploetz and those like him about CTE, and also for wrongful death – a negligence claim made specifically about the case of Greg Ploetz.

While the NCAA argues that Ploetz was aware of the dangers of contact sport that they are not responsible, the argument is different. Indeed, there was no public policy during the time when Ploetz played: no rules existed either about what colleges had to tell players. While today such plans would be needed to help offer care for any concussed athlete, back then there was no such treatment plan in place.

They also must now sign a waiver, saying that they understand that this particular sport leaves them with the chance for severe head injuries. The addition of knee pads, shoulder pads, mouth guards and helmets are also mandatory now, as part of the National Operating Committee on Standards for Athletic Equipment procedure.

Naturally, this case will play a determining role in what happens in the future with many athletes previously impacted.

Student Awarded $7 million in Football Brain Injury Lawsuit

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May 072018

High School Football Game

As one of the most commonly discussed topics in sports today is the well-being of athletes. The stresses on the body and mind often become second to the ‘spectacle’ and with the massive sums of money involved. However, we may be on the verge of a major breakthrough in the way that athletes are treated with regards to head and brain injuries.

This is because of a landmark case involving Grossmont Union High School. The school has agreed to pay around $7.1m to settle a case with a former student. The boy, a football player, was left with permanent brain damage due to coaching staff failing to notice a concussion post-game.

The student, Rashaun Council, a 14-year-old freshman who played for Monte Vista High School’ football team, was diagnosed with concussion following a game in October 2013. The suit alleges that there was no call for medical assistance after Rashaun showed symptoms of concussion despite training on the coaching staff to spot such issues.

Filed in July 2014 the complaint looked to show Rashaun as a bright, capable and athletic student with high potential, achieving a 3.9 GPA and a promising history as a track and field all-star.

Supported by Brian Gonzalez, the family lawyer, Rashaun is now en route to graduating at the age of 19 following a period of recovery. He’s now at Clairemont High, which has a special program for those who suffer from brain injuries.

Gonzalez said that Rashaun is “the hardest working, inspirational individual I’ve known” and added that: “To go from being in a comatose state with concern about whether he’d be able to walk or talk again to be in a position where he’ll be graduating from high school in June, it’s a miracle,”

A teammate informed his coaches that he was playing well and that he should come out. The coaches, though, “shushed him” according to a deposition which was cited from March 2017. Rashaun appeared to be sick and was vomiting after the game, and informed his coaches that he had a headache. According to court documentation, Rashaun answered a series of questions “correctly and coherently” but the judge determined that there was a question about whether or not medical aid should have been called after learning of headaches and vomiting.

Rather than call 911, the coach called Rashaun’ mother. His father, Terry, arrived to find Rashaun slumped over on the ground, covered in his own vomit. Diagnosed with a subdural hematoma and a concussion, he underwent emergency surgery to relieve brain pressure.

Gonzalez said this was the first of many surgeries for Rashaun, including being placed in a medically induced coma. Nine months after the incident, the lawsuit was filed. At the time of filing Rashaun could not walk and was only just coming off his ventilator. Still suffering from vision issues today, which could stop him from driving, the suit is a landmark case that protects players from damage.

For football players & fans, this could spell a major change in rulings for years to come.

Southwest Airlines Faces Injury Lawsuit

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Apr 052018

Southwest Airlines Airplane

In March 2018, a lawsuit was filed against Southwest Airlines. The aviation firm has seen the wrongful death lawsuit filed against them on behalf of a Prairie Village resident who was injured on a Southwest Airlines flight. Filed on behalf of him by his family, the issue stems from how the man, who was disabled, wasn’t cared for appropriately on the flight he took.

Eugene Dreyer, 81, was the victim of serious injuries when on-board the flight. His seatbelt had become undone, and he was thrown against a cabin wall during the flight due to the seatbelt issue. His family has alleged a chart of wrongful death against Southwest Airlines, after Dreyer died months later from injuries sustained during the incident.

The claim is to point out and highlight the careless negligence of the airline and its employees during the flight. Dreyer, a financial advisor, was unable to use his legs after contracting polio. Wheelchair bound, he was on the flight with his wife and an assistant heading from Kansas City to Fort Lauderdale, FLA.

He was wheeled on their plane by Southwest Airlines staff, and was placed in the front row of the aircraft. Before the take-off took place, though, Dreyer asked for an extension to his seatbelt. He was buckled in by a member of staff who used both the seat belt and the extension. The suit states that neither Dreyer, his wife or their assistant touched the seatbelt during the flight operation.

“Loss of Cognitive functions and severe depression”

Taking place on February 21, 2017,Dreyer suffered heavily from the impact. The plane, upon landing, began the process of deceleration. At this point, it is claimed that the belt “failed to restrain him” and that he “flew forward into the bulkhead wall,” per the allegations made in the lawsuit itself. According to the suit, “Eugene Dreyer hit his head, leg, foot, shoulder and other parts of his body onto the front bulkhead wall.”

He suffered significant injuries to the head, shoulder, foot and leg – and broke his femur. “He suffered loss of cognitive functions and severe depression,” the lawsuit claims.

Eugene died on April 23, 2017, and the claim alleges that this was a direct result of the injuries that he had suffered on the plane. As his wife and two children chase the suit and seek an unspecified volume in the claim, Southwest Airlines said that they have no comment to make on the matter “ahead of the legal process.”

Lawsuit against Junior High School for Allowing Murderer and Rapist to Pick up 14-year-old Student

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Mar 062018

A Kansas City school is facing a lawsuit on the grounds of negligence and breach of duties that led to the rape of a 14-year old student in a motel room in 2010.

The plaintiff, now 21 years old, is suing the principal Dennis Walker and a school attendance secretary Jackie Green of former Lincoln College Preparatory Academy, now Kansas City Public Schools, for failing to protect her and for ignoring safety mechanisms that schools are supposed to have.

The convicted rapist, Roy Andrews, is currently in a state prison, serving time.

The events that led to the unfortunate event

The lawsuit filed in the Jackson County Prosecutors’ office alleged that Roy Andrews went to Lincoln Prep and managed to pick up his 14-year-old victim from school.

At that time, Andrews was already a convicted felon.

Due to the negligence of school officials, however, he managed to pick the girl up by simply saying he was sent by her parents.

The school allowed the girl to leave with Andrews, clearly ignoring its own policies and safety measures.

One of the attorneys representing the victim’s family, Gerald McGonagle, calls the school’s negligence “a parent’s worst nightmare.”

“You send your kids to school, you expect your kids to be safe, and the school allows a predator to come on the premises and walk out with your kid”.

How did the school fail the student?

Prior to the 2009-10 academic year, the victim’s mother filled out a form listing the names of people authorized to pick up the girl. Based on the policy set by the Kansas City Public Schools, students should only be released to authorized individuals.

Andrews name was not on the list.

But the school still released the victim to the convicted felon.

The Kansas City Public Schools also failed to inform the mother regarding Andrews picking up the girl.

The victim’s representative Rebecca Randles told The Kansas City Star, “This is why we have those safety mechanisms in place. He went to the school and said her mom told him to come pick her up, and they let her go.”

When the victim went home, her parents noticed something wrong and took her to the hospital. The test results came back positive for venereal disease that Andrews gave the victim, according to McGonagle.

Following the police report filed by the parents, the Children’s Division of the Missouri Department of Social Services carried out an investigation that was later turned over to the prosecutor’s office.

Before the 2010 incident, Andrews plead guilty to second-degree murder in 1990 where he shot a man. A year after he was released in 2006, he plead guilty to a felony assault for a crime he committed in Kansas City. He was also convicted of possession of a controlled substance.

In 2010, a 1990 sexual assault case was linked to him, where he forcibly raped a Kansas City woman and her daughter who’s only 11 years old. Andrews is currently serving an 18-year sentence for this crime but not for the crime he committed against the victim from the Kansas City Public Schools.

The school has yet to make a comment on the litigation.

Texas County Files Opioid Lawsuit

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Oct 162017

America has an opioid problem. The epidemic has resulted in addictions, deaths caused by drug overdose, and economic burden that totals $78.5 billion. Although drug makers have been sued by cities, states, and other agencies, the lawsuit filed by Dallas-based litigation firm Simon Greenstone Panetier & Bartlett in behalf of Upshur County is the first in Texas to hold drug makers responsible for the epidemic.

The lawsuit claims that deceptive practices by drug makers have created a marketplace that is both lucrative and illicit where pharmacy record falsification, prescription forging, and doctor shopping is a common occurrence. It also claims that an increase in heroin use is linked to the widespread use of opioids as addicted users turn to the other due to the unavailability of prescription drugs. The epidemic has also driven resident’s healthcare costs up.

Many residents of Upshur County have also cited opioid addiction as one of the reasons they sought treatment for substance abuse.

Opioid use doesn’t just affect the lives of those who use it, but their family as well. In Upshur County, parental drug addiction has caused a rise in children being placed in child protection agencies.

Dean Fowler, an Upshur County judge, said that the lawsuit’s goal was “to recoup the cost of the opioid epidemic.” The money used to treat opioid addicts come out of taxpayers’ pockets, and that the “cost to the public is very high.”

Jeffrey B. Simon, a Dallas attorney, says in the lawsuit that the epidemic “did not occur by chance.”

The lawsuit names more than 20 defendants, including Abbot Laboratories, Johnson & Johnson, Pfizer, Inc., and Purdue Pharma Inc. These companies manufacture brand-name drugs, such as Avinza (no longer sold in the market), Opana, OxyContin, Percocet, Percodan, Roxicodone, and Vicodin. Generic varieties such as hydrocodone and oxymorphone are being made as well. Some of these defendants also manufacture, market, distribute, and sell prescription opioids, such as fentanyl, Duragesic, Fentora, Ultracet, and Ultram.

The more than 20 defendants named in the lawsuit are all accused of using altering the view of doctors on opioids in the late 1990s and early 2000s through a “well-funded deceptive marketing scheme.” Drug makers use sales representatives and physicians – their “key opinion leaders”– to promote highly addictive opioids through souvenirs and toys that include, among others, bags, coffee cups, notepads, pens, and stuffed plush toys – all these bearing the name of the opioid brand.

The lawsuit also states that drug makers utilized “front groups” to help key opinion leaders negatively tinge continuing medical education programs, medical conferences and seminars, scientific articles, and treatment guidelines – sources that doctors and patients turn to for guidance.

After individual and coordinated efforts, the defendants also convinced doctors that opioids were “required in the compassionate treatment of chronic pain” rather than inform them of it being addictive and unsafe for long-term use.

The lawsuit claims that drug makers even upped their advertising costs compared to the previous decade. One advertisement showed how a writer used opioids to cure osteoarthritis but neglected to mention its risks.

A co-counsel of Simon, Jack Walker of the Martin Walker law firm, plans to file a similar lawsuit in the counties they represent.

Paralyzed Chicago Woman Receives $148 Million Settlement

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Sep 062017

On Wednesday, a Cook County jury awarded a woman $148 million, who was left paralyzed by a collapse on O’Hare International Airport bus shelter. The incident took place two years ago, when the woman was standing under the bus shelter during a storm in August, and the shelter collapsed.

The 26-year-old, Tierney Darden, from Vernon Hills, was greatly injured by the shelter collapse cried when Judge Clare McWilliams announced the jury’s final verdict. The trial took place at the Chicago Daley Center courtroom and took 7 days, and four hours of deliberation.

Her attorney Patrick Salvi during an interview outside the courtroom said: “Tierney was a victim of the wrongful conduct presented by the City at O’Hare, which caused her such a devastating injury.” He added, “We are grateful for the jury, who recognized the severity of Tierney’s injury, and the issues she will have to face in life”.

According to a spokesperson from Tierney’s law firm. The payable amount is the largest sum the city has ever had to pay for a personal injury case.

According to Patrick Salvi. On August 2nd, 2015 Tierney was a dance student and was standing right next to her mother and sister outside the airport. The street was on a lower level and offers direct access to Terminal 2. They have just returned from Chicago to Minneapolis, where they went shopping for bridesmaid dresses for a wedding. When the storm rolled in, they decided to take shelter under the bus shelter while waiting for their ride. As the storm gained more momentum, the shelter became loose and fell right on Tierney.

The fall was at such an angle that it severed her spinal cord, and she was left paralyzed. Now, she has no movement from the waist down, according to her lawyers. Before the accident occurred Tierney lived an independent life in Chicago, where she was attending the Truman College. However, due to the accident, she had to move back with her father and lives in Vernon Hills.

The extensive research and investigation showed the bus shelter has missing bolts that lead to the accident. The investigation confirmed that the bus shelters were hardly maintained, and were in poor condition. The mission bolts were paired with the broken brackets or the corroded parts. Which lead to the horrible accident that change Tierney life.

Her lawyers added that after two years, the city of Chicago finally admitted liability, for the injuries that Tierney suffered. The trial was taken on to ensure that the city realized its fault, and they must better maintain their shelters. Which turned out to be a great settlement for Tierney that will help live her life in as much comfort as possible. The jury decided that she has a long road ahead of her, and must be compensated accordingly.

When the city was asked for comment, they did not have anything to add on the matter, and later issues a public statement.

Why Are More Buses Not Revamping To Include Seat Belts?

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May 192017

Over the past several decades, seat belt laws have expanded to cover all 50 states. Although it is left to each state to determine the specific laws, in general, if you are riding in the car with a child then they need to be restrained unless they are over the age of 16. The reason is that car accidents remain one of the biggest causes of childhood deaths and injuries in America.

There is no argument that seat belts save lives, so instilling laws for parents to do the right thing just makes sense. However, when it comes to other forms of transportation, like school buses, not many states have mandates about what type of restraints they must have or how children must be transported. In Texas, after several school bus accidents with huge consequences, lawmakers are considering making it mandatory to wear a seatbelt when you get on the big yellow bus to go to school.

It would only make sense that your child should be as protected in someone else’s vehicle as they should be in your car, so the lack of seat belts on many school buses – not just across Texas but across the United States – simply doesn’t make any sense.

A Texas law that was established over ten years ago stating that school buses must be equipped with shoulder seat belts has barely caught on. In fact, only a minority of the buses are up to the law a decade later. After a fatal bus crash in 2006, Ashley and Alicia’s Law was enacted, mandating that every new bus purchased by a school have the three-point seat belt.

With the help of a bus accident lawyer, a woman who lost her daughter to a school bus accident in September of 2015 is just one victim lobbying to not only enforce the rule for buses to have seat belts, but to make sure that they use them. Sheanine Chatman lost her daughter when the child’s bus went over the overpass and plunged 21 feet onto the road below.

Chatman was one of two children who was killed. Two others sustained severe injuries. The biggest contributor to the deaths and severity of injuries is that none of the children were wearing seat belts, according to investigators who were at the scene. Advocates have been pushing for seat belt use on school and transportation buses since the law was passed, but it seems like their pleas are falling on deaf ears. With no real enforcement or consequences for not following the rules, there isn’t much incentive to take the extra initiative to ensure that children are following the rules.

Sylvia Garcia, a Democratic state senator, has presented a bill that would require each child to have a three-point seat belt on every school bus that operates in the state. A three-point belt has not just the lap belt, which does very little to secure a child when in a crash, but also has a shoulder belt – the same shoulder belt that is required in any other moving vehicle.

Garcia insists that everyone who gets behind the wheel with their child understands the gravity of what being safe in a car entails for their kid, but then they say goodbye at the bus doors and have no proof that their children are being taken care of safely.

Texas is one of the “click it or ticket” states and puts a large portion of their transportation budget into seat belt campaigns and enforcement at the private motorist level. However, they need to do a better job on buses, where there can be up to 100 children being transported at one time.

Even when it is most critical that kids be restrained, no one seems to be putting much effort into enforcement. Although over $10 million was earmarked to purchase new school buses that comply with the law, nearly 99% of the schools across Texas have not done so.

Many educators maintain that it might be because the money allocated only relates to purchasing new school buses, instead of just retrofitting school buses that are fairly new and can last for decades. According to experts, it only costs about $8,000-10,000 to retrofit an old bus, but since the state doesn’t include that in their allocation, school districts simply don’t have the money in the budget to comply.

To date, an average of six children a year die in school bus crashes. That is six too many. A new push needs to be focused on converting old buses and enforcing seat belt laws, so that another Chatman accident never happens again. It is now in the hands of the Texas government to figure out the best way to gain compliance, but they must do so.

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