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Nov

3

New York Supreme Court Will Decide Settlement Owed Rapper Heavy D for New York Personal Injury Claims

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury News

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.

Nov

3

A Jury Awards $15.8 Million Verdict in a Michigan Personal Injury Case

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury News

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.

Nov

1

Should There Be a Limit On Punitive Damage Awards in Personal Injury Cases?

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury News

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 personal injury 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.

Nov

1

$16 Million Verdict Against Abuser In Kentucky Personal Injury Case

Posted by TotalInjury.com Staff Writer | Posted in Personal Injury News

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.

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