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Feb

28

Fourth Wrongful Death Lawsuit Filed Against Toyota

Posted by Michael | Posted in Lawsuits in the News

The mother of a 21-year-old woman killed in a 2007 car crash recently filed a wrongful death lawsuit against Toyota, claiming a sticking accelerator in the woman’s vehicle led to the accident.

Sandra Livingston, a Long Island, New York resident, filed the federal suit against the Japanese auto maker on Feb. 22. A spokesman for Toyota said he would not make any comment about pending court actions.

The vehicle in question in this lawsuit is a Toyota Yaris, which at this time is not included in the eight different Toyota models that have been recalled due to braking and accelerating issues. About 8.5 million Toyota vehicles have been recalled worldwide.

Tyrene Livingston was driving on state Route 30 in east Pittsburgh around 8:45 a.m. on Oct. 26, 2007. According to the Pittsburgh Post Gazette, she was pursuing a master’s degree at the University of Pittsburgh and was on her way to a teaching internship at the time.

The personal injury lawsuit claims Tyrene Livingston’s Yaris started accelerating quickly, and she was not able to stop the vehicle with the brakes.

“The Yaris crossed four lanes of the highway at a high rate of speed, went over a curb, crashed through a guardrail, went down an embankment, and into some trees, eventually resulting in her death,” according to the suit.

Four days before the crash, Tyrene Livingston had taken the vehicle into an auto shop for a brake inspection and test. She was told nothing was wrong with her vehicle, according to the Post Gazette.

Bob Massie Toyota, the service shop that gave the inspection, was not named a defendant in the lawsuit. Sandra Livingston’s attorney Todd Walburg told the Post Gazette that he has not found any proof of wrongdoing on the part of the shop.

“Even though the Yaris isn’t included on any recall lists, our investigation shows that all Toyota vehicles, from 2002 to the present, can possibly have a defect in the electronic throttle system,” Walburg said to the Pittsburgh Tribune-Review.

Livingston’s suit is among two others filed by Pittsburgh-area residents against the automaker, citing acceleration problems. McMurray resident Robert Elmes, 76, sued Toyota in 2008 for about $75,000 in damages stemming from an accident he was in while driving a 2002 Camry.

Elmes claimed in his injury lawsuit that his Camry accelerated without any warning to a high speed and he drove off a bank. HIs 2002 model Camry was not included in the recent recall.

Feb

26

Widow of Austin IRS Worker Files Personal Injury Suit

Posted by Michael | Posted in Lawsuits in the News

A personal injury lawsuit was filed by the widow of an Internal Revenue Service worker who was killed when a man crashed his plane into an office building in Austin, Texas.

The lawsuit claims Sheryl Mann Stack, widow of the plane’s pilot Andrew Joseph Stack III, should have warned people that her husband might be dangerous and “owed a duty to exercise reasonable care to avoid foreseeable risk of injury to others.”

Valerie Hunter, wife of Vernon Hunter who was killed in the plane crash, filed the seven-page wrongful death personal injury suit on Feb. 22 in the Travis County Courthouse in Texas.

Joseph Stack, a software engineer, flew his Piper Cherokee PA28 single-engine plane into the side of an IRS office in Austin, Texas, killing himself and Hunter while also injuring 13 other people. Stack left behind a lengthy typed manifesto that was posted on his company Web site before he crashed the plane. The note described several years of anguish and contempt against the U.S. government and taxation within the country.

Stack was facing financial woes and set his house on fire before flying his plane into the IRS building, according to the Austin American Statesman.

The suit listed negligence under the causes of actions section against both Joseph and Sheryl Stack. It claims Joseph was flying in violation of FAA regulations by flying too low in an area with obstacles.

It also alleges that Sheryl Stack was negligent since she took her daughter and stayed at a hotel out of fear the night before Stack crashed the plane. The suit claims that action meant she had a responsibility to inform others that her husband could be dangerous.

Valerie Hunter’s injury attorney Dan Ross told the American-Statesman that the Hunter family wants to know if insurance proceeds given to the Stack family could be considered part of awarded damages in the lawsuit.

The suit requested a jury trial to be held and damages to be awarded. Within an affidavit filed along with the wrongful death lawsuit, Valerie Hunter requested that results of an autopsy performed on 67-year-old Vernon Hunter remain sealed from the public.

“This is an extremely difficult time for me and my family and the release of the autopsy report to the public will cause me and my family severe and irreparable emotional distress,” Valerie Hunter wrote in the signed affidavit. “Once the report is released, I will not have an adequate remedy at law as the damage will be done.”

Jan

24

Gary Coleman Settles Injury Lawsuit With Fan

Posted by Michael | Posted in Lawsuits in the News

Actor Gary Coleman opted to settle a personal injury lawsuit filed against him and his former wife by disgruntled fan Colt Rushton.

Dustin Lance, injury attorney for Rushton, said the suit was settled within the last 30 days. Court records revealed that the injury lawsuit against the actor, best known for his role in the sitcom “Diff’rent Strokes,” was dismissed on January 12, the Associated Press reported.

Rushton’s suit against Coleman stemmed from a September 2008 encounter at a bowling alley in Payson, Utah, about 60 miles south of Salt Lake City. Coleman was bowling with his bodyguard and wife Shannon Price, when Rushton took a few photos of Coleman with a cell phone camera, according to court documents.

While in the bowling alley parking lot, Rushton reportedly snapped a few more photos of Coleman’s pickup truck before Price reportedly snatched the phone out of his hand. While Rushton and Price were arguing, Coleman hit Rushton with his truck while backing out of his parking spot, AP reported.

Rushton’s attorney said he sustained during injuries to his knee from the accident that required the input of an orthopedic surgeon, although it was not clear if Rushton did undergo surgery since the incident.

“He’s not on crutches, but there is quite a bit of pain,” Lance told the AP in 2008.

In October 2008, Coleman pleaded not guilty to charges of disorderly conduct and reckless driving in Payson-area court. Coleman’s attorney, Randy Kester, originally said a plea deal was not considered, because Coleman was not guilty of doing anything illegal.

But about a month later, Coleman was back in court with a plea of no contest for the charges, according to AP.

“It was kind of a compromise. It’s the kind of case we could probably have taken to a jury trial, but it would’ve taken two days and wasted a lot of state resources and a lot of our resources,” Kester said in 2008. “We constructed it ourselves and just tried to come up with a way to resolve the city’s concerns and at the same time protect Mr. Coleman.”

Lance did not elaborate any further about the terms of the settlement and Kester declined to comment about the recent decision to settle out of court.

The bowling alley confrontation was not the first time Coleman dealt with Utah police. Earlier in 2008, Coleman was cited for disorderly conduct after a heated argument with Price while they were driving in his pickup truck.

Coleman was ordered to pay a fine for the charge.

Jan

14

Ski Trip Teacher Chaperone Sues School for Injury

Posted by mbrickley | Posted in Lawsuits in the News, On-the-Job Injuries

A Massachusetts school teacher was recently awarded worker’s compensation benefits after she was injured while chaperoning students on a school ski trip.

Karen Sikorski, a math teacher at Peabody High School in Peabody, Mass., injured her shoulder in 2004 during a trip to Mount Ascutney in Vermont with the school’s ski club.

Sikorski was reportedly skiing when she fell. The injury later required surgery as well as physical therapy for her to recover, according to the Boston Globe.

Sikorski’s claim asked to regain sick days spent on her recovery and any medical expenses not covered by the co-payment offered through her health insurance policy, through the city.

The city of Peabody government initially rejected her claim for personal injury compensation because the teachers are not required to participate with the school ski trips and other voluntary events, according to claims.

But in mid December, the Massachusetts Supreme Judicial Court ruled in favor of Sikorski. Alan Pierce, who served as Sikorski’s attorney for the injury case, told the Associated Press that while teachers volunteer to chaperone events such as the ski trip, she was still performing her duties as a teacher.

“The students could not ski unless there was a chaperone going down the trail with them,” Pierce said.”She engaged in the duties of a teacher, albeit on the ski slopes. She wasn’t teaching math, but she was maintaining order, re-enforcing rules and watching out for the well-being of adolescents.”

While the case itself did not involve “big money,” Pierce told the Boston Globe that the state Supreme Court’s ruling “needed to establish that when teachers are performing chaperoning duties [they] do not lose the protection.”

Pierce said Sikorski may recover about 10 of the 16 sick days she used for physical therapy and a small payment if her injuries turn out to be permanent, according to the Globe.

The city of Peabody tried to argue that a 1985 Massachusetts law excluded injuries from being covered by worker’s compensation if such an injury happened while an employee was voluntarily participating in an activity.

However, the SJC ruled that participation in the ski trip was a result of Sikorski working for the city in some form, and therefore Sikorski was awarded the compensation.

Judge Judith A. Cowin wrote in an opinion regarding the case that, “the ski club’s trips benefited the city by furthering the school’s educational mission.”

Judge Cowin also pointed out that the city encourages teachers to participate in events such as the ski trip.

Jan

9

NYC Woman Sues over Pole Dancing Injury

Posted by mbrickley | Posted in Lawsuits in the News

While more previously associated with damaged relationships and marriages, a New York City woman found that pole dancing can also cause personal injury.

Sue Ann Wee, a dermatologist living in Manhattan, was reportedly injured during a pole-dancing workout class at a Crunch Gym location. She filed a personal injury lawsuit last week against the company that owns the Crunch Gym chain, according to several media reports.

The New York Daily News reported that Wee was hanging upside down during the class at an upper east side Manhattan location, using her feet to support her on the pole. She then fell on both of her shoulders, causing “serious injuries,” according to the suit.

Wee’s attorney Nicholas Warywoda said the gym instructor convinced her to try the maneuver, even though Wee said it was too difficult for her to perform. The injury reportedly left Wee unable to work for six months, according to the New York Daily News.

“The problem is not with these types of classes,” Warywoda said. “The problem comes when you don’t properly supervise the people in those classes.”

The money amount asked for in the suit has not been specified.

Performing pole dancing as a twist on fitness is a recent trend. Various gyms now offer pole dancing classes and the exotic-dancing themed Flirty Girl Fitness program includes an option to purchase a pole for home use.

But injuries, on the other hand, are not a new companion to pole dancing.

In October 2007, Angela Hobson was awarded a settlement of over $11,000 for worker’s compensation benefits after she pulled her neck in 2001 while swinging around a pole at a Fort Wayne, Indiana nightclub, according to court documents.

The chief judge’s opinion stated that Hobson “began experiencing numbness and a sharp pain running down her right arm. She had no strength in her right arm and was unable to grip a soda can or make a fist.”

Hobson underwent surgery after emergency room doctors found she had herniated a disc in her upper spine, according to court documents.

Actress Teri Hatcher also was recently injured while pole dancing. Hatcher told David Letterman Friday, Jan. 8 on his late-night talk show that she broke a rib while performing an upside down maneuver during a pole dancing scene shot for the show ‘Desperate Housewives.’

Hatcher continued to film for six hours after the injury, she said.

“Sneezing is the worst part,” Hatcher said about breaking he rib.

Dec

30

Coal Spill Triggers Injury Lawsuits

Posted by mbrickley | Posted in Lawsuits in the News

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.

Nov

24

Chimp Attack Brings Eventual Injury Lawsuit

Posted by mbrickley | Posted in Lawsuits in the News, Setting the Record Straight about Personal Injury Cases

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.

Oct

28

Attacked by Swinging Doors

Posted by mbrickley | Posted in Lawsuits in the News

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.

Oct

24

Jail Inmate Won $4.5 Million in a Personal Injury Lawsuit

Posted by mbrickley | Posted in Lawsuits in the News

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.

Oct

13

They Sued for What? Ridiculous Lawsuits

Posted by mbrickley | Posted in Lawsuits in the News

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.

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