On August 10, 2002, Jeffrey Klein(17) and Brett Birdwell(17) climbed atop a Norfolk Southern train car parked on an urban Amtrak train track and suffered electrical burn injuries from electrical wires above the trains. There were no warning signs on the trains, tracks or wires to prevent the personal injury accident.
A Federal court in Pennsylvania found Amtrak 70% responsible and Norfolk Southern 30% responsible for the boys railroad injuries. Lawyers for the boys proved both railroad companies were aware that parked trains under catenary wires posed a personal injury risk to juveniles. The Federal Railroad Administration issued a report to congress in 1971 recommending the railroads put warning signs near the wires to warn the public about the danger of electrocution.
Jesse Branham III was 12 when the Ford Bronco II his mother was driving rolled over and left him with serious brain injuries. A South Carolina State Court Jury found Ford 55% responsible for the personal injury accident because the Bronco has a high center of gravity causing it to rollover during tight maneuvers.
State law will require Ford pay for the entire South Carolina personal injury award which includes $15 million for punitive damages and $16 million for actual damages. The second largest automobile maker in the US will appeal the verdict on the grounds that Mrs Branham admitted she turned her head to talk to the kids in the back seat and allegedly did not make sure they had their seat belts on right.
American Family Mutual Insurance failed to offer Michael Whitehead enhanced personal injury coverage with his last automobile insurance policy renewal before he broke his neck in a automobile rollover accident. A Denver, Colorado jury found the insurance company liable for not offering Mr. Whitehead optional no-fault personal injury coverage as required by state law.
The award consists of $1 million for punitive damages and $250,000 for pain and suffering. The automobile accident left Michael Whitehead paralyzed and he is expected to need expensive medical care long into the future. American Family is also ordered to pay an estimated $250,000 for medical expenses and interest.
Many other drivers have filed lawsuits with Colorado personal injury attorneys against American and other insurance companies for the same type of negligence.
Colorado policyholders can expect to save an average of $50 per year on their car insurance when State Farm cuts rates this month. The tort reform enacted in 2003 requires only the insurer of the driver at fault to pay for damages in a Colorado personal injury automobile accident. Previously, Colorado had a more typical "no fault" personal injury payment system where the insurance companies for each person injured were required to pay the expenses no matter who was at fault in an automobile accident.
State Farm says expenses decreased steadily after the tort reform legislation went into effect three years ago.
Oceanside, California Officer Tony Zeppetella was shot and killed three years ago during a routine traffic stop, when a shooter’s bullet penetrated his supposedly bullet resistant vest. Second Chance Body Armour Inc., maker of the vest, agreed to pay $2.3 million to Jamie and Jakob Zeppetella, the wife and son of the officer.
A jury verdict last month awarded the family $2.5 million but they chose to take the slightly lower settlement to avoid years of appeals in California personal injury courts.
National Union Fire Insurance Company lost its last appeal and a New York Supreme court will now determine an amount the insurance company must reimburse rapper Heavy D for suits the rapper paid out to victims of a stampede in 1991.
Heavy D, whose real name is Dwight Myers, purchased an insurance policy from the insurance company in 1989 to cover him while working as an entertainer. Nine people died in a stampede at a basketball game where he promoted himself and other rappers.
The state Supreme Court in Manhattan has not yet determined the amount National Union will have to pay the rapper. Myers is requesting nearly $1.5 million for the personal injury and wrongful death claims he paid out plus interest and legal fees.
A Michigan personal injury attorney helped Jason and Julie Lowe received a favorable settlement in the malpractice suit for the negligent medical care Julie received while she was in labor with her son, Jason. The Michigan personal injury attorney argued that the doctors failed to continuously monitor the baby with a fetal monitor when there were confirmed signs of problems with the umbilical cord during labor. The judge in this case ruled that the doctors’ negligence forced the baby to lose oxygen which in turn caused brain damage resulting in cerebral palsy.
The $15.8 million personal injury award is for pain and suffering, current and future medical expenses, loss of future wages and the necessary care for the rest of Jason’s life.
The U.S. Supreme Court heard arguments on Monday from Phillip Morris and lawyers for Jesse Williams’ widow, Mayola Williams who was awarded $79.5 million in punitive damages against the tobacco company. The jury originally found Phillip Morris guilty of fraud and negligence for Mr. William’s lung cancer.
At the Supreme Court hearing, Ted Boutros argued for the tobacco company, challenging the punitive damages as arbitrary and not allowed by the constitution. He also stated that this award is not fair to future plaintiffs suing Philip Morris.
The lawyer for the Williams family, Bob Peck argues that no other plaintiffs have pursued suits against Phillip Morris since the verdict in 1999 and that a punitive award is intended to deter similar acts of misconduct not necessarily provide satisfaction to the individual plaintiff.
The Supreme Court is expected to make its ruling sometime in July of 2007.
A girl and her mother hired Kentucky personal injury attorney David Thomas to file suit against James T. Evans the man who sexually abused the girl three years ago. Evans did not hire a defense attorney and instead represented himself in court. The judge ruled in favor of the abused girl for $16 million with $8.5 as punitive damages. This personal injury case only took one day to try and the jury deliberated for a little more than one hour.
Even though Evans has minimal assets and is retired, Thomas agreed to pursue the personal suit because he hopes the family can collect as much as possible as a way to deter at least one sexual abuser in the future.