Home » 2008

Dec

29

Supreme Court May Tackle Exorcism Lawsuit

Posted by Editor | Posted in Personal Injury News

For years, a 29-year-old Georgia woman has alleged that members of her former Texas church abused her during a forced exorcism when she was just a teen.

The woman’s personal injury lawyers have now asked the U.S. Supreme Court to review her intentional injury lawsuit.

Laura Schubert alleges that members of the Pleasant Glade Assembly of God held her down, cut and bruised her and forced carpet burns on her back.

She further said she suffered hallucinations after being held down for hours while others tried to dispel a demon. Schubert reportedly attempted suicide after the ordeal.

The Texas Supreme Court threw out her $188,000 jury award this summer, saying that it drew the court into deciding on religious issues, which is unconstitutional.

But Schubert’s personal injury lawyers argue that the court improperly tried to expand the First Amendment’s religious protections, saying that someone’s religious beliefs don’t protect them from state laws prohibiting assault and false imprisonment.

The church’s attorneys argue that the case shouldn’t go before the U.S. Supreme Court because it’s a personal injury lawsuit for pain and suffering and mental anguish and because it concerns protected religious conduct.

Schubert’s lawyers expect to hear by late January as to whether the high court will hear the case.

Dec

26

Bedside Confession Releases Wrongly Convicted Death-Row Inmate; Court Says He Can Keep Injury Award

Posted by Editor | Posted in Personal Injury News

While dying of cancer, a former district attorney confessed to suppressing a lab report that would have exonerated John Thompson, a man who was convicted of murder and on death row for the 1984 killing of a New Orleans hotel executive.

Thompson spent 14 long years awaiting his execution before he was exonerated and finally released from prison.

Last year a jury awarded him $14 million - a million for each year he sat on death row as an innocent man. His award was appealed but this week the 5th U.S. Circuit Court of Appeals ruled that he will rightfully retain the $14 million compensation for pain and suffering.

If you’ve been wrongly convicted or have experienced pain and suffering because of another person’s wrongdoings, you may be able to receive compensation for your injuries. Talk to a personal injury lawyer today about your legal options and demand justice.

Dec

23

Railroad Employee May Be Able to See Light at End of Tunnel

Posted by Editor | Posted in Personal Injury News

In October, a Los Angeles County Superior Court jury verdict resulted in the largest award to a plaintiff under the federal law that covers railroad workers injured on the job.

This is an important case because railroads and their employees are not covered by state workers’ compensation laws that generally govern most other on the job injuries.

The Los Angeles Times reported that Eric Doi worked for Union Pacific Railroad last year when a work-related car accident caused by a co-worker’s negligence left him a quadriplegic.

He now lives with his parents and requires round-the-clock care and physical rehabilitation.

At the end of November, a judge approved the $48 million jury award.

Dec

22

It Took 5 Years, But Fair Compensation Was Finally Served

Posted by Editor | Posted in Personal Injury News

A Connecticut woman was awarded almost $300,000 last week for injuries she sustained when a taxi slammed into her car more than five years ago.

It took the jury about seven hours before ordering the taxi company to pay the 47-year-old single mother $292,000 for her spine injury.

The woman’s spine injury was so severe that it required surgery. Even though she went ahead with two surgeries, she still experiences extreme pain.

The woman’s personal injury lawyer said she “suffered a tremendous injury with significant pain as a result of the incident and appreciates the jury’s verdict.”

Dec

18

Brandy Faces Another Car Accident Lawsuit

Posted by meaghano | Posted in Car Accident Cases

R & B star Brandy is facing yet another lawsuit in connection with her 2006 automobile accident. That accident resulted in the death of 38-year-old Awatef Aboudihaj, whose family is seeking $50 million in damages from the singer. That case is scheduled for trial in April, 2009.

Now, Donald Lite, another party to the accident, has filed suit against both Brandy and Aboudihaj, claiming that each had failed to follow road regulations and thus contributed to the accident which left him with “serious and permanent” injuries.

The singer was not charged criminally in connection with the 2006 accident.

Dec

15

Just When We Thought Taser International Couldn’t Shock Us Anymore….

Posted by meaghano | Posted in Personal Injury News

The legal and societal controversy over Taser abuse may have reached a new level, with the revelation by a British Columbia television station that employees of Taser International had disclosed numerous safety violations, including failure to properly inspect and cull out faulty products and a practice of placing circuit boards returned as defective in new casings with new serial numbers and shipping them back out unrepaired.

The battle about whether or not Tasers are inherently dangerous and whether their benefits outweigh the “occasional” death rages on, but this information adds a whole new element. If the employee statements are accurate, it means that any given Taser may or may not work as anticipated, and that some may be more dangerous than others–a difference that would not be apparent to the officer using the Taser until the damage was done.

In response to these safety concerns, the B.C. solicitor general announced that B.C. police would no longer use Tasers acquired before 2006. We can only hope that U.S. officials will act as responsibly.

Dec

10

City of Los Angeles Sues Gang Leaders

Posted by meaghano | Posted in Personal Injury News

The city of Los Angeles this week filed a first-of-a-kind lawsuit against leaders of one of the city’s most troublesome gangs. The suit, which names 9 imprisoned gang leaders (including two members of the Mexican Mafia), seeks cash damages on behalf of residents of two neighborhoods where the gangs have imposed “street taxes”.

The suit, if successful, will create an important precedent because the neighborhood residents targeted by such gangs are usually unable or unwilling to pursue their own relief out of fear of retaliation. City officials seek compensation on behalf of residents for property damage, property devaluation, emotional distress, personal injury, medical expenses and time in which residents could not use public parks because of gang activity.

If judgment is entered against the gang leaders, property will be seized and distributed among residents who have been victimized by gang activity.

Nov

26

Stress in Workplace Will Rise as Economy Drags

Posted by Editor | Posted in Personal Injury News

Employers have been warned to take their employee’s stress seriously or risk the potential of costly personal injury claims.

Ginny Hallam, the head of employment at a large law firm, has warned that stress in the workplace is projected to increase as businesses brace for the hit of the spiraling economy. Hallam suggests employers offer counseling services for its staff if they are facing with too much stress.

But in a recent case, a judge ruled that providing counseling services for stressed-out employees without additional support was an inadequate defense to a personal injury claim.

If you feel like conditions at work are unbearable, unfair or illegal, you have the right to file a personal injury claim. Talk to a personal injury lawyer today.

Nov

24

Quadriplegic Awarded $11.3 Million in Weightlifting Accident

Posted by Editor | Posted in Personal Injury News

It was a normal day for Leon Bostick. Like usual, he warmed up on an elliptical machine at Gold’s Gym in Venice, California and stretched for a while before he moved over to a Flex Equipment Co. Smith machine to do squats.

He started with about 90 pounds of weight and gradually increased it after each set. After a few sets, the bar of weights fell because it lacked a safety device and Bostick went to floor with a couple hundred of pounds crashing down on his neck.

Bostick, a former Marine and lifelong athlete, is now confined to a wheelchair for the rest of his life.

He sued Flex and the gym. He offered to settle with Flex and its insurer, Atlantic Mutual, for its policy limit of $1 million, but the company never responded so the case went to trial.

Gold’s Gym settled for $7.3 million.

A Superior Court jury found Flex liable and awarded Bostick $14.6 million. Frustrated that its insurer didn’t settle, Flex gave Bostick the right to sue Atlantic Mutual for bad faith for refusing to settle earlier in the case.

After 7 years of litigation, a U.S. District Court jury ruled against the insurance company and awarded Bostick an additional $11.3 million.

For more information on filing a personal injury lawsuit, check out our feature section, Personal Injury Case Steps.

Nov

20

Lawsuit Against Victoria Secret: Woman Injured by Defective Intimate Apparel

Posted by Editor | Posted in Personal Injury News

A lawsuit was recently filed against Victoria Secret on behalf of a Florida woman who suffered itching and blistering of her skin after wearing one of the company’s undergarments.

The lawsuit alleges that Victoria Secret misrepresented the safety of its intimate apparel. It further charges that Victoria Secret knew—or should have known—that its products were defective and failed to warn consumers.

The victim who filed the defective products lawsuit is seeking compensation for physical and economic injuries related to the defective undergarments, as well as compensation for all medical expenses.

This isn’t the first time Victoria Secret has been under fire, numerous complaints have been filed alleging some undergarments have caused painful and serious rashes, hives, scarring, allergic reactions, contact dermatitis, blistering and other health problems.

Media reports have said that some Victoria Secret items have tested positive for the chemical formaldehyde, which is sometimes used in the textile industry to make fabrics crease-resistant.

If you’ve suffered any injury from defective products, talk to a personal injury lawyer today.

Nov

19

Lean Cuisine Meals Recalled–Plastic Shards Could Injure Consumers

Posted by Editor | Posted in Personal Injury News

Nestle Prepared Foods just recalled more than 875,000 pounds of frozen Lean Cuisine chicken meals because they contain small pieces of hard blue plastic that could injure eaters.

The recall, which was announced on Nov. 17, was initiated following numerous consumer complaints.

Here’s the Lean Cuisine meals that were recalled, which were produced between Aug. 18, 2008 and Oct. 27, 2008 and sold nationwide at numerous retailers:

  • Lean Cuisine Pesto Chicken with Bow Tie Pasta: Production Code 8280595912. Use-by date of “Best Before MAY 2010”
  • Lean Cuisine Chicken Mediterranean: Production Codes 8231595912, 8241595912, 8263595912, 8269595911, 8274595912, 8291595912 or 8301595912.Use by dates “Best before SEP2010, “Best before OCT 2010 or “Best before NOV 2010.
  • Lean Cuisine Chicken Tuscan: Production Codes 8234595911, 8253595911, 8269595912, 8292595911 or 8296595911. Use by dates “Best before SEP 2009, “Best before OCT 2009 or “Best before NOV 2009.

A spokesperson for Nestle Prepared Foods Company said that the plastic pieces entered the facility “in a single lot of incoming raw ingredient”. If you have questions about the recall, contact Nestle directly at 800/227-6188.

If you’ve suffered an injury because of the Lean Cuisine plastic shards, you may want to contact a personal injury lawyer. Remember, time is typically a factor in personal injury cases.

Nov

18

Teen Beats KKK in Hate Crime Lawsuit, Awarded $2.5 Million

Posted by Editor | Posted in Personal Injury News

Jordan Gruver was 16 years old in 2006 when he was severely beaten by several KKK members who thought he was an illegal immigrant.

Gruver, an American citizen of Panamanian and Native-American descent, suffered a broken jaw, bruised ribs and permanent nerve damage in his arm because of the hate crime.

The Southern Poverty Law Center sued the country’s second-largest Klan group on behalf of the teen. The Klansmen who beat Gruver were convicted and they severed two years in prison. Edwards represented himself and denied the charges, saying the group is not generally violent.

Last week a jury ordered Imperial Klans of America “grand wizard” Ron Edwards and two former “lieutenants” to pay Gruever $1.5 million for lost wages and medical expenses and for Edwards to pay him $1 million in punitive damages. Edwards said he would appeal the verdict.

The lead personal injury lawyer in the case said he plans to seize Edwards’ property (which serves as Klan property) and any other assets that could be found. The judgment against Edwards’ is good for 15 years, so they have plenty of time to pursue assets.

A similar lawsuit bankrupt the Idaho-based white supremacist group Aryan Nations in 1999.

If you’ve been a victim of a hate crime or any other intentional injury crime, you deserve fair compensation.

Nov

13

American Apparel Battles Wrongful Termination Lawsuit

Posted by Editor | Posted in Personal Injury News

Last week Roberto Hernandez sued American Apparel Inc. and its CEO for wrongful termination after he refused to stretch the company’s books to make them look more appealing to potential investors.

Hernandez, who worked in the company’s accounts payable and IT departments, brought the lawsuit in Los Angeles County Superior Court.

American Apparel disputes that he was an accountant for them and calls the lawsuit “fictional”. It said that Hernandez was fired for legitimate reasons.

“The best they can come up with was ‘legitimate reasons’,” Herndandez’s personal injury attorney said. “I don’t think it takes a rocket scientist—is it tardiness, is it insubordination?—if they had a single reason, they would’ve told you that.”

In a written press statement, the company attributed the allegations to Hernandez’s personal injury lawyer trying to get “phony leverage” because he’s been “engaged with the company in other litigation for over three years”.

His personal injury attorney also represents a client in a separate sexual harassment lawsuit, which in one of several that have been filed against the clothing company.

The company just reported that a third of its profit fell 61 percent after it spent $13.2 million on stock-based compensation; however, its revenues have risen 45 percent. Shares fell 35.2 percent after the new lawsuit went public.

Nov

12

Jury Finds Crash Victim Was Negligent and Rejects Personal Injury Award

Posted by Editor | Posted in Personal Injury News

An Ohio jury decided that the estate of a truck driver who died in a 2006 crash with a train should not be awarded any money for personal injury.

The jury ruled that the 62-year-old man was 51 percent negligent in the crash and that the railroad was 49 percent negligent but didn’t raise the level of “actual malice”.

The man was killed when his tractor-trailer hit a train when he was crossing the road. The intersection was not marked with light or gates at the time.

It’s a sad story when injured people and/or their families don’t get fair compensation for their injuries. If you’ve been injured, make sure you have a personal injury lawyer on your side.

Nov

10

First Dog Barney Bites Reporter–Could This be a Personal Injury Case?

Posted by Editor | Posted in Personal Injury News

Barney, the White House Scottish terrier, bit Reuters reporter Jon Decker who was doing on story on the dog when he reached down to pet the pint-sized pooch.

The bite wasn’t that dramatic; however, it did draw blood. Decker had to receive medical attention and antibiotics from the White house physician.

So, if he wanted, could Decker sue for damages?

Personal injury laws vary state by state, so we go to Washington, D.C.’s law on the matter, which presumes negligence of the dog’s handler. In this case, that would be a White House staffer.

The fact that Barney’s bitten before—(in fact, he’s not allowed on the lawn when tour groups come out because he’s been known to bite visitors)—and he wasn’t muzzled makes the case look even better for Decker.

If he decides to sue for the dog bite injury, he should probably contact a personal injury lawyer because under Washington D.C. law, if the person who was bitten was even 1 percent responsible for the injury, he/she can’t collect for personal injury.

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