Many plaintiffs have filed lawsuits against the Tennessee Valley Authority (TVA) for a coal ash spill that occurred in December 2008.

The plaintiffs had one year to file their lawsuit for personal injury claims.

According to the New York Times, the spill occurred at the Kingston Fossil Plant about 40 miles west of Knoxville.

The wall to an ash pond at the plant gave way, making the water rush out and flood around 5.4 million cubic yards.

The ash pond was located near the Emory River surrounded by a residential area. Three homes were allegedly destroyed by the spill.

River water was tested after the incident, and the samples showed high levels of lead and thallium. According to TVA spokesman John Moulton, these have been known to cause birth defects as well as nervous and reproductive system disorders.

According to the Environmental Protection Agency (EPA) the iron and manganese in the water exceeded the secondary drinking water standards.

The EPA governs the taste and odor of drinking water but not health effects.

The Associated Press reported that the spill has generated more than 20 federal lawsuits.

TVA stated they provide a government service and should be immune from these injury damage claims.
Attorney John Agee is representing clients in 28 different lawsuits against TVA.

Agee stated an administrative agency should be set up to handle the injury claims. He said that these types of agencies have been set up before with disputes over government entities and workplace injuries.

He claims that over 200 plaintiffs are seeking damages from injuries suffered from the spill.

TVA has paid Kingston and other neighboring communities a total of $43 million and agreed to pay settlements to owners of 150 pieces of property.

One suit filed by the Duncan family states they suffered injuries from the spill. They suffered from nosebleeds, frontal headaches, shortness of breath, chest pains and wheezing.

The family lives two to three miles away from the plant, but trucks pass by their house on a daily basis. The trucks are filled with ash as they are continuing the clean up process.

The Duncans are suing TVA for gross negligence and seek $1 million in compensatory damages for their personal injuries. They are also seeking additional punitive damages at an unspecified amount.

Agee stated that TVA has not offered to pay the family anything.

Cleanup for the plant is expected to last until 2013.

The holidays are notorious for being a hectic and dangerous time of the year to travel - but this year across many areas of the country, the weather conditions are adding to the danger on the roads.

According to a Weather Channel report, this holiday storm will primarily affect states west of the Mississippi River - with severe snow in Iowa, Nebraska and Montana. Reports call for snow, ice and rain over the next several days.

Illinois and Indiana will also be affected by a winter storm system, the Weather Channel reported.

Roads are already over-crowded during the holidays with people traveling to their holiday destinations - with this added factor of especially bad weather, it’s important to be extra careful to avoid any car accidents.

Car accidents are a leading cause of personal injury in the U.S. Keep your family and friends - and other drivers - safe this holiday by taking extra care when you’re on the road. Watch for ice, drive carefully, and have a happy holiday!

According to a New York Times article, Phillip Morris recently paid former smoker – Lucinda Naugle - $300 million in the state of Florida because of lung injuries she suffered.

As a result of her years of smoking she needed a lung transplant, and she sued the tobacco company as a result.

In the state of Florida, smokers can no longer file class action lawsuits due to a state Supreme Court ruling back in 2006. But the ruling also made it so that smokers who do file individual lawsuits have less to prove.

The Florida Supreme Court ruling made it easy to pursue tobacco lawsuits in the state. In the 2006 trial, the Supreme Court rejected a class action lawsuit for $145 million. The ruling stated smokers needed to file individually.

Even though the plaintiffs lost the lawsuit, the Florida Supreme court stated with individual lawsuits the individual has fewer burdens of proof.

The court stated plaintiff’s do not have to prove the following: nicotine is addictive, smoking causes disease, and that cigarette companies fraudulently hid these facts from the public.

In the case of 61-year-old Lucinda Naugle, she was awarded $56 million in compensatory damages and $244 million in punitive damages for suffering from lung injuries.

Naugle started smoking when she was 20, and quit smoking when she was 45 years old.

According to her lawyer – Robert W Kelley - Naugle suffers from “severe emphysema and needs a lung transplant that she cannot afford.”

The jury placed 10 percent liability on Naugle for choosing to smoke, thus causing her to suffer from lung injuries.
Law experts’ claim this verdict may open up the door for future lawsuits against tobacco companies.

Plaintiffs from the 2006 class action lawsuit have begun to file separate lawsuits from suffering their injuries.

The Altria Group - Phillip Morris’ parent company - claims it will appeal the verdict and that they do not agree with the state’s rules as they were “fundamentally unfair and unconstitutional.”

Spokesman for the Altria Group - Brendan J. McCormick - stated the company believes the federal court will reject Florida’s “standards of proof.”

The company is confident they will win the appeal. The counsel for Phillip Morris stated, “We believe that the punitive damages award is grossly excessive and a clear violation of constitutional and state law.”

So far this verdict is the largest sum awarded a smoker in a Florida state lawsuit against the tobacco companies, the New York Times reported.

Personal injuries don’t just happen on icy patches of sidewalk. Every year, thousands of people across the world are seriously injured and even killed by the wild creatures of the animal kingdom. Animal attacks may be more common than you think.

Check out these stats on personal injury in the wild and see which animal attacks are the most dangerous. Also, learn about domestic dog attacks, dangerous aquatic animals and what to do when you encounter a grizzly bear.

Personal injury statistics

Add this infographic to your site:
<a href=”http://www.totalinjury.com/blog/personal-injury-in-the-wildpersonal-injury-in-the-wild/” mce_href=”http://www.totalinjury.com/blog/personal-injury-in-the-wildpersonal-injury-in-the-wild/” target=”_blank” title=”Personal Injury Statistics”><img title=”Personal Injury in the Wild” src=”http://www.totalinjury.com/blog/wp-content/uploads/2009/12/inj_infographic.jpg” mce_src=”http://www.totalinjury.com/blog/wp-content/uploads/2009/12/inj_infographic.jpg” border=”0″ alt=”Personal Injury Statistics”></a>

According to a New York Times article, a Stamford, Conn. woman was attacked by a 200 lb chimpanzee called Travis. The beloved animal was shot down by the Stamford Police after the attack.

Travis lived with his owner, Sandra Herold, and was well known around town starring in several commercials.

Earlier in the day, Travis was being uncooperative and refused to go back inside the home. Herold gave the chimp tea laced with Xanax to calm him down. She claimed she did this only due to his extreme agitation and this was not a common occurrence.

Herold then called her friend Charla Nash over for help.

When Nash arrived at the Herold household, she received a less than warm welcome. As she stepped out of her vehicle, Travis ran at her full force and began to pounce on her. Nash suffered severe injuries to her hands and face.

Herold ran inside the house to call 911 and grabbed a butcher knife. She then ran back outside to the aid of her friend and stabbed her chimpanzee repeatedly to stop the attack.

After Travis attacked Nash, he roamed around Herold’s property; then focused his attention on the responding police officers. The policemen retreated to their vehicles.

When Travis attempted to open the doors, an unnamed police officer shot the chimp to protect himself as the animal had him cornered.

Herold had raised Travis since he was a baby chimp and she claimed he was a well trained chimpanzee. He was toilet trained, ate at the table, dressed himself, logged onto the computer and watched television.

But this was not the first time authorities chased Travis around. Back in 2003, the chimpanzee ran loose around the downtown area. It took police over two hours to get the animal subdued.

According to the New York Times, authorities claimed the chimpanzee may have had Lyme disease which is a tick born bacterial infection. In rare cases the disease can cause psychosis, severe anxiety, and delusional behavior.

Nash was taken to the hospital for her injuries and was in critical condition. According to an MSNBC article, Nash was permanently blinded from the attack and is still being treated at a clinic in Ohio for her injuries.

Nash’s family recently filed an injury lawsuit against Herold for $50 million. They claimed they might pursue lawsuits against the state of Connecticut and the city of Stamford for allowing the Herolds to keep the chimpanzee in the home.

The family also claimed both city and state ignored the warning signs of the potential dangers of keeping a chimpanzee in a domesticated area.

Herold and two other officers suffered minor injuries from the chimpanzee the day of the attack.

Texting – a seemingly harmless activity – appears to be far more dangerous than the general public thinks, especially when driving.

Sending text messages while behind the wheel can cause serious injuries and may even be deadly.

In Oxford, England, Phillipa Curtis was sentenced to 21 months in prison for texting while driving. The 22-year-old was texting her friends when she hit the car in front of her and killed Victoria McBryde.

Curtis rammed her vehicle into McBryde’s rear end, killing the 24-year-old instantly. McBryde’s mother and her personal injury attorney were upset that Curtis only received 21 month in prison. They feel Curtis deserves a longer sentence for her actions.

There appear to be mixed reactions about the incident, as many people claim they also text while they drive, and this type of incident could happen to anyone. According to phone records, McBryde allegedly was also texting and talking on her hand held phone prior to the incident.

According to a New York Times article, Britain has cracked down on texting and driving because of the serious injuries that have occurred. It is illegal in England to text or talk on hand held while driving a vehicle. Most European countries and a few states in the U.S. have banned the use of hand held phones while driving as well.

The new guidelines in British law state, “reading or composing text messages over a period of time” can be a distraction. The British courts have ruled that if the driver composes messages while driving the vehicle at any time, it could still be a distraction for the driver.

Even if the driver is not texting at the exact moment of impact; the driver could still be prosecuted if they composed a message during the duration of driving the vehicle.

Officials compare driving and texting to driving while drunk. Although a person may not be physically drinking an alcoholic beverage while they are driving, they are still affected by the alcohol previously consumed. The same idea holds true with texting, the New York Times reported.

British authorities claim any person using a hand held phone while driving who is involved in an incident involving death will receive severe punishment and jail time.

Many are finding this lax ideal of texting and driving a serious problem. In the future, other countries might follow suit and create severe punishments for drivers using their hand held phones while driving their vehicles.

England has made it a priority to stop future injuries or deaths as a result of texting and driving.

On June 21, 2007 an elderly woman walked into a Target department store in Rosemont, Ill. – completely unaware she was going to suffer brain injuries.

As Claire Putnam walked through the main entrance to the store, the automatic swinging door hit her - knocking her on the ground. When she fell, her head hit the ground – hard.

While Putnam was still on the ground the door swung back and struck her with another blow to her head.

NBC Chicago aired the video from Target surveillance cameras on the news. It showed Putnam’s attempt to walk through the doors and she just about made it through when the doors hit her.

She then fell to the ground, hitting her head. Before she could get up again, the doors closed on her hitting her head a second time.

She was hospitalized after the incident occurred and according to her attorney, Phillip Harnett Corboy Jr., Putnam suffered from brain injuries called “diffuse brain injuries,” which occur over a wide area of the brain. She can still speak but has trouble processing her words and thoughts.

Before the incident she cared for her adult daughter with special needs. Her attorney stated, “As a result of what happened two years ago, Claire has been robbed of that ability to take care of her eldest daughter as well as enjoying the remaining years of her life as she planned.”

He argued in the injury lawsuit filed against Target that the department store failed to follow the safety guidelines provided by the door manufacturer – Besam USA – and due to their lack of safety, the incident caused personal injury to his client.

Besam USA was also a defendant in the lawsuit, as the doors allegedly did not provide a way to turn off automatic functions in case of emergency. They claim the doors were poorly designed because they do not have any built in mechanisms to alert employees of the door malfunctioning.

Putnam was awarded $7 million in the lawsuit, and will use the money to help take care of her daughter. She will also use the compensation she received to move out of the nursing home and move back with her family.

Target at this point has not released any statements about the case, NBC Chicago reported.

Behind bars in Gilroy, Calif., Vincent Cardinalli filed a lawsuit against his case witnesses for personal injuries and won a $4.5 million lawsuit – per an article in the Gilroy Post-Dispatch.

Cardinalli is accused of more than 100 felonies related to his family-owned tow truck business and currently awaiting trial.

He sued the two witnesses – Maria Shiraki and her and her mother-in -law Clara Shiraki – for emotional distress, defamation of character, personal injury and breach of contract. Maria was served with the papers for the lawsuit but did not take it seriously as she thought it had no merit.

But when the Shirakis did not appear at the court hearing, they later learned Cardinalli won $4.5 million for a default judgment in their absence. Maria Shiraki has appealed the decision in hopes to reverse the court ruling.

The Shirakis previously met Cardinalli in a small claims court room where they attempted to retrieve money back from a customer who bounced a check at their local business.

Cardinalli offered his services to help track customers who bounced checks. He assured them he could get most of their money back for a small fee.

Cardinalli was familiar with small claims court because he owned his own tow company with his family and was constantly appearing in court because of people who owed the family money.

But the family allegedly ran a scam - taking people to court to retrieve fees and liens that they did not necessarily owe. These alleged scams put Caridnalli behind bars and spurred the 157 felony counts against him, the Gilroy Post-Dispatch reported.

The Shirakis learned of the disturbing information about Cardinalli and his business dealings and then decided to end the arrangement.

Maria Shiraki’s attorney, Stephen Heller, states the “lawsuit seems to have no legal basis” and he has “no idea where the $4.5 million claimed by Mr. Cardinalli comes from.” They feel it is one last attempt to take advantage of them once again.

Cardinalli decided to represent himself in the charges brought against him.

The Shirakis continue to state they will not be intimidated by this lawsuit and are hopeful the ruling will be overturned.

Swiss drug maker Novartis AG was asked to provide additional information to the Food and Drug Administration about its respiratory drug designed to help smoker’s cough.

The European counterpart to the United States’ FDA has already recommended the drug for approval, and in Europe it will be called Onbrez Breezhaler, according to a Wall Street Journal report.

The drug includes an inhaler to administer the medicine, and it treats chronic obtrusive pulmonary disease (COPD) - the medical name of smoker’s cough. This drug is the first of its kind that only requires one dose daily.

Novartis is willing to work with the FDA to provide any additional information needed to pass the drug for approval in the United States.

Executives for the drug company believe this smoker’s cough treatment will eventually bring in more than $1 billion per year, the Wall Street Journal reported.

The FDA now just has to determine if any more clinical trials need to be completed before approval.To help prevent the occurrence of dangerous or defective drugs, the FDA’s approval process can take longer than companies or consumers might like.

Past testing has proved that the drug noticeably improved lung functions in patients with COPD.

From beer not following through on the ladies it promised to produce to suing Nike for making Michael Jordan too famous - the lawsuit has been filed.

Great Britain’s news source The Independent selected some “out there” lawsuits to report on. Below are five that made the list.

• Michael Jordan lookalike Allen Heckerd filed a lawsuit against Nike Corp. alleging that he suffered permanent personal injury, pain and suffering because he was so recognized by others as being Michael Jordan. The lawsuit did not hold up.
• When he found out his wife was cheating, Richard Batista wanted her to return to him the kidney he had donated almost a decade before to save her life. The lawsuit requested either the kidney or $1.5M.
• After Anheuser-Busch ran some advertisements showing women appearing in front of men who drank Budweiser, a Michigan man bought the beer, drank it and waited for his women - who never showed. He sued the company for false advertising, requesting more than $10,000. The court dismissed the case.
• A speeding driver who killed a 17-year-old cyclist tried to take the boy’s family to court for damages done to his Audi in the accident. The driver wasn’t prosecuted because the biker had been riding at night without reflectors - and the driver eventually dropped his case against the boy’s family.
• 77-year-old German playboy Rolf Eden sued 19-year-old Katharina Weiss for ageism after she refused to sleep with him. The lawsuit claimed the teenager told Eden he was too old for her.

For more frivolous lawsuits, see The Independent.