Oct

31

Grandmother Files Injury Lawsuit After Drug Agents Raid House

Posted by guest-writer | Posted in Personal Injury News

A wild incident in Colorado Springs in which a SWAT team stormed an elderly women’s home has left local residents questioning the aggressive tactics of federal law enforcement officials in their efforts to win the so-called “war on drugs.”

Recently, 71-year-old Rose Ann Santistevan filed a personal injury lawsuit against the FBI and local police authorities after she suffered a heart attack during a misguided drug raid in 2009.

According to The Gazette, a Colorado Springs newspaper, Santistevan was alone in her house receiving oxygen treatment for her emphysema when a SWAT task force stormed into her home with their guns drawn.

Immediately before storming into her home, the SWAT team also lobbed a “flash-bang” grenade into the home. The shock of the grenade and the fear induced by the guns caused Santistevan to suffer a major heart attack.

After the incident, the grandmother spent several days in critical condition at a local hospital while she was recovering from the heart attack.

In her lawsuit, Santistevan is seeking compensation for her medical bills, as well as non-physical injuries such as pain and suffering. She also claims that, even though the officers had a valid search warrant, their actions were “extreme, unreasonable and outrageous.”

Sources indicate that this embarrassing incident represents another black eye for a large-scale drug fighting operation called—and this is honestly what it is named—Operation Jeez Luis.

The indelicately named operation was a seven-month operation aimed at apprehending several different drug dealers in the Colorado Springs area. The FBI led the operation, but it was joined by city and county law enforcement officials.

Previously, Operation Jeez Luis received negative press after one of its paid informants tried to kill a man from whom he was supposed to be gathering information for the FBI. The relatives of the man who was nearly killed in this incident are also seeking a personal injury settlement in federal court.

In the case of Santistevan, law enforcement officials allege that some of her sons were implicated in the drug ring that was the focus of Operation Jeez Luis.

A local judge issued a search warrant for the elderly woman’s home after police saw one of the sons bring a birthday cake into Santistevan’s home.

The FBI theorized that the son was hiding drugs in her home, and possibly shuttling drugs in and out of the home in items such as birthday cakes.

Unfortunately for the police, a thorough search of the home after Santistevan’s heart attack revealed no signs of illegal narcotics.

In the woman’s lawsuit, she alleges that the police should have known she was alone in the home, and that she was susceptible to potential health troubles due to her disabled condition.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Oct

26

Sarah Palin Threatens Libel Lawsuit Over Unflattering Book

Posted by guest-writer | Posted in Personal Injury News

According to a recent report in the International Business Times, Sarah Palin is considering filing a lawsuit against the author of a biography that lists salacious details about the former vice presidential candidate’s past life.

The book, “The Rogue: Searching for the Real Sarah Palin,” was written by Joe McGinniss, who prepared for the book by moving into a house next door to the Palin’s Alaska estate.

McGinniss was heavily criticized by Palin and her supporters for moving in next door, but the contents of the book have proven far more controversial than the author’s living arrangements.

The book contains a number of tawdry anecdotes, including stories about Palin’s alleged romance with former NBA star Glen Rice, as well as the former governor’s alleged use of cocaine on a snowmobiling trip.

In his book, McGinniss also alleges that Palin was a wildly ineffective governor, and that she spent most of her time worried about her rise to national fame rather than tackling the state’s pressing problems.

Palin has not taken the publication of the book lightly. In a recent email sent by her attorney, Palin accuses McGinniss and his publisher, Random House, of publishing “lies and rumors presented as fact.”

Palin and her attorney are reportedly mulling the possibility of filing a defamation lawsuit. If the book did, indeed, publish lies or rumors as facts without substantiating their validity, then Palin may have some traction in a defamation lawsuit.

The potential problem, however, with a defamation lawsuit is that Palin would have to conclusively prove that the allegations in the book were untrue. This poses a very difficult burden of proof for Palin, particularly because most of the events happened several years ago.

In addition, Palin and her personal injury lawyer would have to disprove embarrassing allegations, such as the liaison with Glen Rice or the use of illegal drugs, which would likely keep these events in the news for a longer period of time.

And winning a libel or defamation lawsuit in the United States can be very difficult for celebrities, as courts tend to view public figures as fair game for criticism and satire.

Palin might also have a hard time discrediting McGinniss, a seasoned reporter who does not seem flustered by her threats.

McGinniss also took steps when he wrote the book to protect himself from litigation. For example, he corroborated many of his stories with details from multiple sources, though many of them remained anonymous.

Due to the potential difficulty of disproving the book’s allegations, and the likelihood that a lawsuit would lead to further negative media attention, most experts believe that Palin will not actually file a legal claim.

However, given the unpredictability of Palin’s actions, and her strong defense of her public reputation, Palin v. McGinniss may soon be coming to a courtroom near you.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Oct

12

Injury Lawsuit Filed in Wake of Indiana Stage Collapse Deaths

Posted by guest-writer | Posted in Personal Injury News

An ambitious personal injury lawsuit recently filed in Indiana is asking a state court to overturn a state limit on punitive damages, while also pushing for enhanced litigation rights for gay and lesbian partners in wrongful death lawsuits.

According to CNN, the lawsuit stems from a tragic accident in August at the Indiana State Fair, where seven people were killed and 40 people were injured after a stage collapsed during a freak wind storm.

The woman who filed the lawsuit, Alisha Brennon lost her long-time partner, Christina Santiago, during the stage accident. The two partners had been civil rights activists for several years, and had recently obtained a civil union partnership in Illinois.

In the lawsuit, Brennon and her attorney are pushing for the court to relax the state’s mandated $5 million cap on the amount of punitive damages personal injury plaintiffs can seek at trial.

Brennon’s suit alleges that this cap unfairly limits the amount of damages injured parties can pursue in court.

If the court decided to relax the punitive damages cap, it would be an unprecedented decision, as such limits are set by state legislatures and rarely challenged by courts.

Nevertheless, Brennon believes that the law establishing the cap is unfair, particularly its “first come, first serve” provision, which limits potential damages stemming from a single accident to the victims who file lawsuits first.

In the words of Brennon’s attorney, by limiting the potential damages victims may receive in a personal injury settlement, the Indiana legislature is “attempting to throw a bowl of crumbs to a bunch of pigeons.”

In her lawsuit, Brennon is also challenging the state’s position on gay and lesbian rights in wrongful death lawsuits involving their partners or spouses. According to Brennon, gay and lesbian victims are not afforded the same legal rights as same sex couples.

While Brennon’s lawsuit has a very wide scope, she is also seeking compensation for severe head injuries suffered after the stage collapsed.

The collapse occurred when the stage’s scaffolding fell during a thunderstorm. The stage then toppled onto fans in the front row of the concert venue. The collapse occurred just minutes before the country band Sugarland was planning to perform.

In her claim, Brennon alleges that the concert organizers negligently failed to prepare the stage for the concert, and were also reckless in allowing the show to proceed during a serious storm.

She also alleges that the limited amount of punitive damages injury victims may seek in Indiana allows large businesses to act recklessly, knowing that they won’t be punished too severely in an injury lawsuit.

While this argument may have some merit, Brennon faces an uphill battle as she tries to convince an Indiana court to overturn a state-imposed cap on punitive damages, a feat that has never been accomplished before.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Oct

5

Gay Employee Sues Jesse Jackson for Sexual Harassment

Posted by guest-writer | Posted in Personal Injury News

Rev. Jesse Jackson is facing a nightmare legal headache after a former employee of Jackson and his Rainbow PUSH Coalition, a nonprofit organization, filed a discrimination lawsuit alleging sexual harassment.

According to Gawker.com, Tommy Bennett, a former Rainbow PUSH staffer, claims in his lawsuit that Jackson and other employees discriminated against Bennett because he was gay.

In addition, Bennett alleges that Jackson himself sexually harassed him, and that he was often forced to bring women to Jackson’s hotel rooms and “clean up” after Jackson’s sexual encounters.

Bennett, who worked for the Rainbow PUSH Coalition as the National Director of Community Affairs for two years, further alleges that a fellow staffer, Caroline Wiggins, asked to be transferred out of his department after learning he was gay.

In his complaint, Bennett also claims that Wiggins led a prayer saying “bind these homosexual spirits that are in the office” and asked God to “get these homosexuals out of there and do it in Jesus’ name.”

In a rather sophomoric display, Wiggins also allegedly made a “limp hand gesture towards Bennett” whenever he walked down the hallway.

After these incidents occurred, Bennett filed formal complaints with Jackson and the human resources department at PUSH, but never received a response. Bennett also filed a sexual discrimination complaint with the Illinois Department of Human Rights in 2010.

Even after Wiggins left the organization in 2008, Bennett claims that he was subjected to further humiliation by Jackson himself.

Bennett’s lawsuit alleges that he was often asked to escort women to Jackson’s room and “clean up his room after sexual intercourse with women.”

Another bizarre incident allegedly occurred when Bennett was packing Jackson’s bags for a trip to Tanzania, and Jackson expressed his displeasure with Bennett’s packing abilities by screaming unprintable obscenities at him.

Perhaps the most damning allegation in the lawsuit surrounds Bennett’s claim that Jackson made sexual advances towards him by describing, in lurid detail, a time when Jackson received oral sex from a teacher.

In their defense, both Jackson and the Rainbow Push coalition have strongly denied what they describe as Jackson’s “false claims of harassment, retaliation and discrimination.”

Jackson has had a long and storied career fighting for civil rights, ranging from his early days as a companion of Dr. Martin Luther King, to his failed presidential campaign, to his current status as a respected veteran of the civil rights movement.

In a statement, Jackson and the Rainbow PUSH Coalition say they do “not condone or tolerate discrimination in any form,” and plan to fully cooperate with any investigation.

In his lawsuit, Bennett, with the help of his personal injury attorney, is seeking $98,300 in lost income and benefits and the much larger sum of $350,000 for punitive damages.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Sep

28

Two Maryland Police Officers Charged with Felony Assault After Beating Students

Posted by guest-writer | Posted in Personal Injury News

Police officers have an extremely difficult job. The challenges brought on by their line of work only increase when the police are tasked with controlling unruly crowds.

There is, however, a distinct line between the use of necessary force and engaging in gratuitous acts of violence. Two Maryland officers may have recently crossed this line.

According to the Washington Post, two police officers in Prince George’s County, Maryland, have been indicted on felony assault charges after beating a young college student, who suffered a serious personal injury in the altercation.

The allegedly unprovoked beating occurred in 2010 after the University of Maryland defeated Duke University in a marquee basketball game.

The injured student, John McKenna, who is now 22, was celebrating in the streets of College Park, Maryland, after the Terrapins’ victory.

Sources indicate that a video taken by another student shows James Harrison and Reginald Baker, the two officers charged with felony assault, pushing McKenna into a concrete wall and striking him repeatedly with a police baton.

McKenna had approached a gathering of mounted police, but had stopped short of the officers. As he began to back away, the video’s grainy footage allegedly shows the two officers moving forward and pushing the student into a wall.

After McKenna struck the wall, a third officer allegedly dismounted from his horse and struck McKenna with his baton.

McKenna’s personal injury lawyer claims that his client suffered a concussion and needed staples to close the wound in his head.

The incident came in the midst of police concerns after the victory of Duke, an event which typically fosters feelings of great joy on college campuses across the country.

Harrison and Baker, among other police officers, had been dispatched to the area in full riot gear.

For his efforts, McKenna was also charged with attacking policemen on horseback, but sources suggest that video of the event does not reveal such an action.

Harrison and Baker are both being charged with first-degree assault for the alleged act of police brutality. This crime carries a maximum sentence of 25 years in prison.

An investigation into the matter didn’t begin until the footage of the incident was released by a student. The film caused a public outcry in College Park, and brought unwanted national attention for the local police force.

In his defense, Baker’s attorney says his client has an “unblemished” record after serving the police department for more than 18 years.

Undoubtedly, Baker and Harrison will cite the unruliness of students on the night of the assault as the reason for their allegedly aggressive behavior.

However, in a match between an unarmed student and police on horseback, the court may conclude that the police took advantage of their superior strength.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Sep

22

Texas Man Sues Aloe Vera, Inc. After Barrel Explodes in his Face

Posted by guest-writer | Posted in Personal Injury News

A Texas man recently received an unwelcome surprise when an empty barrel exploded while he was modifying the barrel with a cutting torch. The explosion tossed the man 20 feet and caused him to suffer severe injuries.

In search of justice, the unlucky Texas resident, Allan Lynn Clyburn, and his wife, Nina, have filed a personal injury lawsuit against Aloe Vera of America Inc., the original manufacturer of the barrel.

The cause of the explosion is as bizarre as the incident itself. According to the Southwest Texas Record, the incident occurred in 2009 when Clyburn was using a cutting torch to modify an industrial barrel so he could use it as a deer feeder.

When the cutting torch first made contact with the barrel, the torch initiated a massive explosion. The force of the explosion sent Clyburn flying several feet, and he allegedly suffered several broken bones, as well as second and third degree burns.

After the explosion, further investigation revealed that the barrel had originally held more than 300 pounds of rubbing alcohol, also known as isopropyl alcohol.

After the barrel was emptied of most of the rubbing alcohol, Aloe Vera of America, Inc. allegedly sold the barrels to someone in the small town of Ben Wheeler, Texas. Later, this individual resold one of the barrels to the unlucky plaintiff in this dispute.

Sources indicate that Clyburn had been under the impression that the barrel was chemical-free and safe for modification. Alas, this turned out to be a mistaken assumption.

The success of Clyburn’s lawsuit will likely depend on whether he is able to prove that the defendant negligently failed to clean the barrels after their original use.

Regulations set forth by the Environmental Protection Agency and the Department of Transportation provide rules for the proper disposal of barrels that may hold trace amounts of rubbing alcohol residue.

In his negligence lawsuit, Clyburn alleges that the defendant failed to follow these regulations.

Specifically, Clyburn claims that the defendant committed gross negligence by selling the barrels despite knowing that they still contained dangerous residue, as well as selling the barrels to a reseller whom they knew did not have the necessary equipment to properly clean the barrels.

Under negligence tort law, the defendant in this case may very well be liable for Clyburn’s actions if the lawsuit’s allegations are true.

Manufacturers and distributors of toxic or dangerous materials often have very strict responsibilities for the disposal of their products, even after they have been sold.

In other words, Aloe Vera’s sale of the barrels to a middleman did not automatically cut off their legal liability.

Incidents such as the one suffered by Clyburn are more common than many people think. If you’ve been injured in an industrial accident, contact a local injury lawyer today to learn more about your legal options.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Sep

14

Girl’s Ecstasy Overdose at Rave Prompts Wrongful Death Lawsuit

Posted by guest-writer | Posted in Personal Injury News

Raves fueled by drugs like ecstasy are a popular source of entertainment for adventurous teenagers, but they usually occur in abandoned buildings and other nondescript locales.

The consumption of dangerous drugs and loud music tend to drive these gatherings underground.

However, it seems that a Los Angeles company actively promotes and creates large rave parties. The company may be questioning its bizarre business plan after the death of a 15 year-old girl has her stunned parents searching for justice.

The parents of the late teenager, Sasha Rodriguez, have filed a personal injury lawsuit against Electric Daisy Carnival (EDC) after their daughter died of an ecstasy overdose at an EDC event at the publicly-owned L.A. Coliseum in 2010.

In addition to its claims against the promoter, Sasha’s parents have also filed suit against the L.A. Coliseum Commission and a former Coliseum official, Todd DeStefano.

According to sources, the lawsuit alleges that the 15 year-old should not have been admitted into the party, which marketed as event for teenagers above the age of 16.

In addition, Sasha’s parents claim that event employees were unable to attend to her ill daughter for 20 minutes due to understaffing and overcrowding.

Finally, the lawsuit claims that the event organizer puts corporate profits ahead of the health of its attendees, as the EDC events are “virtually synonymous with possession, distribution, and consumption of illicit drugs, predominantly MDMA or ‘Ecstasy.’”

In its defense, the company has claimed that it bears no responsibility for Sasha’s use of ecstasy, as she alone made the decision to use the drug, and the company allegedly did not have any connection to the drug’s distribution at the event.

The lawsuit raises a number of uncomfortable questions. First, some critics argue that the parents should also bear some of the responsibility for allowing their daughter to attend the event in the first place.

Moreover, other observers are stunned that a company with such a public profile can organize events known for the use of dangerous drugs. In particular, the presence of such an event at the L.A. Coliseum has alarmed some Los Angeles residents.

After Sasha’s death last year, a large volume of public outcry led the Los Angeles mayor to call for a review of EDC and similar party-hosting companies.

A Los Angeles Times investigation uncovered an unsettling connection between Todd DeStefano, a former Coliseum official, and rave promoters.

Allegedly, DeStefano received compensation from rave promoters for helping them hold events in the large venue. The lawsuit alleges that this conflict of interest clouded DeStefano’s professional judgment.

In response to the troubles in Los Angeles, EDC has decided to move its next event to Las Vegas.

In the meantime, with the help of a local injury lawyer, Sasha Rodriguez’s parents will use their wrongful death claim to try to seek some justice for the premature death of their teenage daughter.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Sep

6

Disfigured Stuntman Files Personal Injury Lawsuit Against Tom Cruise and Others

Posted by guest-writer | Posted in On-the-Job Injuries

The special effects in the “Mission Impossible” movies are remarkable, though they can push the bounds of the viewer’s credulity. Unfortunately, these daring feats are often dangerous for the specialists hired to perform them.

In a recent personal injury lawsuit, a stuntman on the film “Mission Impossible 3” alleges that he received third-degree burns over 60 percent of his body after a stunt involving pyrotechnics went horribly wrong.

According to sources, the stuntman, Steven Scott Wheatley, claims he suffered a severe injury when performing a stunt that was supposed to simulate a missile attack on a Chevy Suburban.

In the stunt that led to the negligence lawsuit, the vehicle was supposed to roll over and burst into flames after all the actors had gotten out of the way. However, during filming, equipment involved in the stunt allegedly malfunctioned, causing a “gasoline bomb” to explode.

According to Wheatley’s complaint, the explosion, which apparently happened prematurely as the stuntman was standing only a few feet away, allegedly engulfed Wheatley in a “ball of fire.”

The lawsuit was filed against several different entities, including Paramount Pictures and Tom Cruise’s production company. The accident occurred at the Agua Dulce Movie Ranch in Los Angeles County, California.

The suit brings several different claims against the defendant, including negligence, provision of unsafe equipment, breach of regulatory duty, and strict liability. In the suit, Wheatley’s wife also claims a loss of consortium, or loss of marital relations.

In his complaint, Wheatley states that the film production crew had a duty to provide, among other things, safety meetings, protective equipment, fire protection suits, and fire extinguishers to protect against pyrotechnic accidents.

Wheatley alleges that the film crew failed to provide these necessary fire safeguards, and that it should have ensured that local fire crews were on hand to prevent such a disaster.

In addition to his request for compensation for his physical injuries, Wheatley also claims that has suffered pain, anxiety, and suffering.

The ability of Wheatley to win this case may turn whether the film crew provided adequate safeguards for the stunt.

In addition, a court may find Wheatley partially liable for his own injuries if he agreed to assume a certain amount of risk involved in such a dangerous stunt.

When individuals engage in obviously dangerous activities, personal injury laws sometimes dictate that a portion of the blame for the accident be placed on the injured party himself.

However, if the gas explosion was indeed due to a lack of oversight by the film crew, Wheatley may have more success in court.

While stuntman face unusually high levels of risk, people with safer forms of employment also suffer on-the-job injuries.

For more information about pursuing a worker’s compensation claim, contact a local injury lawyer today.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Aug

26

Megabus Accident Lawsuit Says GPS Would Have Prevented Tragic Wreck

Posted by guest-writer | Posted in Car Accident Cases

Megabus is an increasingly popular bus company known for its low fares and lack of physical stations.

The company, however, found itself in hot water last year when a fatal crash in upstate New York killed four people and left several others severely injured.

According to sources, one of the victims of the crash recently filed a personal injury lawsuit against the company, claiming that the use of a GPS navigation system would have prevented the wreck.

The accident occurred when a Megabus driver accidentally slammed a double-decker bus into a low-clearance railroad bridge after missing several signs warning of the impending danger.

The woman who filed the bus accident lawsuit, Lo Wah Chu, was sitting in the upper deck of the bus when the collision occurred. She reportedly suffered catastrophic injuries to her brain and spinal cord, and also broke her hip, ankle, and other bones.

In her lawsuit, Chu alleges that the crash would have been prevented if the Megabus driver had access to a GPS navigation device, which would have prevented the wrong turn that led the driver to strike the railroad bridge.

According to the bus company, Megabus does have GPS systems on its buses, but these devices are used to track the course of the bus, and are not intended for navigation use by the drivers.

Oddly, the driver of the bus was allegedly using a personal GPS device with audio at the time of the crash. Some reports speculate that this may have distracted the driver.

Coach USA, the parent company of Megabus, claims that it is against company policy for drivers to use GPS devices when driving.

Chu’s lawsuit against Megabus is one of several different lawsuits filed in the wake of the accident. Sources report that the driver of the bus, John Tomaszewski, has pleaded not guilty to a criminal charge of negligent homicide.

At the time of the accident, the bus was carrying 29 passengers and was traveling from Philadelphia to Toronto. The accident occurred near Syracuse, New York.

While the accident may call into question the safety of the discount bus company, Megabus had carried more than 7 million passengers since its inception in 2006 without a single fatal accident.

The company now operates roughly 100 double-decker buses on its routes in the Midwest and Northeast.

With gas prices continuing to climb, bus and train travel are increasing in popularity. Unfortunately, bus and train accidents sometimes occur.

If you or someone you love has been injured in a bus or train accident, you may be able to seek legal relief by filing a personal injury lawsuit.

To learn more about your legal options after a bus or train accident, contact a local injury lawyer today.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Aug

19

Parents File Injury Lawsuit After Baby Gets Salmonella from Ground Turkey

Posted by guest-writer | Posted in Personal Injury News

Food poisoning can lead to a prolonged, uncomfortable illness, but the dangers of contaminated food are often increased when children are exposed to unsafe bacteria.

A recent lawsuit highlights the dangers that occur when children eat contaminated food.

A 10-month-old girl recently contracted salmonella after eating ground turkey made by a unit of Cargill Inc., and her parents have filed a personal injury lawsuit against the company for her troubles.

According to sources, Ruby Jane Lee ate ground turkey produced by Cargill Meat Solutions Corp. that was contaminated by an antibiotic-resistant strain of salmonella. The ground turkey was part of a spaghetti and meatball dish created by the girl’s father.

Sources indicate that the allegedly contaminated turkey was part of a batch of roughly 36 million pounds of ground turkey recalled by Cargill this month.

The dangerous strain of salmonella that may appear in both fresh and frozen ground turkey has already been connected to one death in California and more than 100 illnesses in other states.

After ingesting the tainted turkey, Lee reportedly suffered from severe diarrhea and a high fever. She spent a week in the hospital before she was discharged.

The defective product lawsuit, which was filed in federal court in Oregon, seeks compensation for medical bills, pain and suffering, emotion distress, and lost wages for Lee’s parents, according to Reuters.

According to the attorney representing Lee and her family, Cargill allegedly has a shaky public health record, as recalls due to outbreaks of salmonella and E. coli bacteria have occurred fairly frequently.

In its defense, the embattled company, based in Wichita, Kansas, has apologized to the people made ill by the ground turkey and promised to improve its food handling procedures to ensure greater product safety.

The products recently recalled by Cargill were manufactured in Arkansas, and include popular brands such as Honeysuckle White, Shady Brook Farms, Safeway, and Kroger.

Unfortunately Ruby Jane Lee’s case of salmonella is not a rare occurrence. According to the Centers for Disease Control and Prevention in Atlanta, one in six Americans suffer from food poisoning each year.

In some cases, food poisoning may be due to poor or unsanitary cooking. In others, the food may have been tainted before it even arrived in a store or restaurant.

To protect yourself and your family, pay close attention to recall orders when they are announced. Companies rarely recall products without cause, so these warnings should be treated seriously.

If you or a loved one has become seriously ill due to contaminated food, you may be eligible to seek compensation in a personal injury lawsuit. Personal injury laws vary by state, so a local attorney may provide further information about your legal rights.

Learn more about seeking legal relief through a defective product claim by contacting a local injury lawyer today.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Aug

12

Wrongful Death Lawsuit Says Homemade Plane’s Errant Landing Killed Pedestrian

Posted by guest-writer | Posted in Personal Injury News

A personal injury lawsuit filed recently in Beaufort, South Carolina accuses the manufacturers of a kit-built airplane and the pilot of the aircraft of sharing responsibility for the death of a bystander struck by a falling aircraft.

The wrongful death and negligence lawsuit comes in the wake of a terrible accident that took place last year on Hilton Head Island on the South Carolina coast.

The lawsuit alleges that a Georgia resident, Robert Gary Jones, was jogging along the beach and listening to his iPod when the small plane fatally struck him from behind as it tried to make an emergency landing, according to the Atlanta Journal-Constitution.

According to sources, the pilot of the plane, Edward Smith, was flying with a passenger from Orlando to Virginia at 13,000 feet when he heard a loud bang.

Immediately after the loud noise, the windshield became covered with leaking oil from a damaged engine, and Smith had lost his propeller. Having lost forward velocity and losing altitude at a rapid rate, Smith decided to make an emergency landing on the beach.

Sources indicate that Jones was unaware of the falling plane until it struck him. Both Smith and his passenger were able to walk away from the accident without serious injuries.

According to a recently completed investigation by the National Transportation Safety Board, the plane’s crankshaft had been damaged by a previous impact by a foreign object against the propeller. This impact had not been recorded.

Investigators also said that the crash was likely a result of a loss of engine power due to the failure of the previously damaged crankshaft.

The wrongful death lawsuit, which was filed by Jones’ family, claims that the pilot and four different companies involved in the manufacture of design of the aircraft each share responsibility for the accident.

The four companies named in the suit were involved in either the manufacture, design, or servicing of the airplane. The lawsuit alleged that these companies failed to properly test, design, or manufacture the airplane and its various parts.

In addition, the lawsuit alleges that these companies were aware of other fatal accidents involving the same type of aircraft.

In their defenses, the manufacturers of the airplane deny responsibility, claiming that the parts of the airplane that led to the crash were either misused or altered after they were sold to Smith.

Smith, the pilot, also denies legal responsibility for the accident, and alleges in his answer to the lawsuit that the manufacturers of the plane hold sole responsibility.

Kit-built airplanes are fairly popular amongst do-it-yourself airplane enthusiasts, but accidents such as these call into question their safety.

If you or someone you love has been injured or killed in an airplane accident, learn more about your legal rights by contacting a local injury lawyer today.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Aug

8

Car Accident Lawsuit Accuses Alonzo Mourning of Hit and Run

Posted by guest-writer | Posted in Car Accident Cases

Last year, the Miami Heat faced a flood of scrutiny after signing two of the three greatest basketball players on the planet. The team had a disappointing season, but its troubles pale in comparison to the legal woes faced by a former Heat star.

Recently, a college student in Miami filed a personal injury lawsuit against Alonzo Mourning, alleging that the former basketball player struck him with his car and then left the scene of the accident.

According to the Sun-Sentinel, the car accident lawsuit claims that Mourning crashed his Porsche into a car that had been parked on the side of a Miami highway after being involved in a previous accident earlier that night.

The plaintiff, William Candelario, had remained in the car after it broke down, and claims that he was disabled and disfigured in the second crash. According to Candelario, Mourning left the scene of the accident prematurely and also failed to contact emergency responders.

The alleged victim’s lawyer claims that charges filed against Mourning do not amount to a “witch hunt.” A local police official also states that several questions remain unanswered, including whether Mourning notified police of the accident and whether either party took a sobriety test.

The circumstances of the accident only further obscure the events of the accident. Prior to the incident with Mourning’s car, Candelario was involved in another accident that disabled his car.

Sources also indicate that the alleged collision with Mourning’s car occurred in the middle of the night, between 3 and 4 a.m.

In a somewhat bizarre statement, Candelario’s lawyer claimed he did not know whether his plaintiff was in his car at the time of the collision, although he claims that Mourning’s car did significant damage to Candelario’s Audi.

Speaking from a basketball camp, Mourning told reporters that his name would soon be cleared, and claimed that no one was injured in the accident.

In contrast, Candelario’s attorney claims that his client suffered a concussion and memory loss, and has had to take two separate trips to a local emergency room for treatment.

Another interesting piece of information is that Mourning allegedly returned to the scene with his wife roughly 45 minutes after the accident. This fact may prove beneficial for Mourning if the case goes to trial.

During his long tenure with the Miami Heat, Alonzo Mourning was known for his defensive prowess. If this lawsuit has merit, Mourning may have to play defense once again.

Of course, car accidents don’t always involve celebrities. Tens of thousands of car accidents occur every year. Personal injury laws are designed to compensate victims for their losses suffered during auto accidents.

For more information on your legal options after a car accident, contact a local injury lawyer today.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Jul

29

Model’s Family Files Wrongful Death Claim Against Chicago After Car Accident

Posted by guest-writer | Posted in Car Accident Cases

A recent night on the town for a successful young woman turned into a disaster, and the woman’s family is seeking legal relief for what they believe was poor street construction by the city of Chicago.

Irma Sabanovic, 25, was recently found dead in her Ford Focus after it leapt over a small curb and plunged into the North Branch of the Chicago River.

In response to the accident, the victim’s family has filed a personal injury lawsuit against the city of Chicago, alleging that the presence of more substantial barricades and better warning signs would have prevented Sabanovic’s death.

According to sources, Sabanovic, a model and college student, had sent a text message to a friend earlier that night indicating that she was headed to a nightclub but was temporarily lost. This is the last communication Sabanovic made.

At some point later that night, her Ford Focus careened off West Blackhawk Street into the Chicago River. Her car was not discovered by Chicago police until the next morning, when she was found dead inside her vehicle.

The car was not visible above the water line when it was discovered on Sunday morning. In fact, it may have remained there indefinitely if not for a Chicago Police Marine Unit sonar that picked up a signal showing that a large object had become submerged in the river.

Sources indicate that the family did not know if the impact of the crash killed Sabanovic, or if her allegedly wrongful death was instead due to drowning after the car quickly filled with murky river water.

In their lawsuit, Sabanovic’s family claims that she was headed west on West Blackhawk Street when the street abruptly ended at the Chicago River. The family alleges that there are no traffic signs warning drivers of the impending end of the road.

The family further claims that the current design of the road creates a sort of optical illusion, suggesting that the road continues across a bridge over the river. This illusion apparently is more convincing at night.

Through a spokesman, the city of Chicago said its employees had placed a curb in front of the river that reached a height of eight to nine inches, almost twice as high as regular curbs.

This large curb was intended to prevent cars from going into the river. The family, however, contests that other similar spots along the Chicago contain larger concrete barriers and warning signs.

In its defense, the city further stated that there was a “no outlet” sign placed at the beginning of the road, and that the curb at the end of the street was four times higher than regular city curbs.

Car accident lawsuits may be filed in the wake of all kinds of auto injuries, ranging from head and neck injuries to fatalities.

If you or someone you love has suffered a serious injury in an auto accident, contact a local injury lawyer today to learn more about your legal rights.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Jul

28

Vegetarians Raise Beef with Restaurant in Negligence Lawsuit

Posted by guest-writer | Posted in Personal Injury News

A recent personal injury lawsuit filed in New Jersey raises interesting questions about religion, the purposes of personal injury law, and the level of precautions a restaurant must take when serving vegetarian customers.

According to sources, an appellate court has allowed a negligence lawsuit filed by 16 vegetarian Hindus against an Indian restaurant in Edison Township, New Jersey, to proceed.

In their lawsuit, the vegetarians allege that the restaurant negligently served them meat-filled samosas. This error occurred after the vegetarians explicitly requested vegetarian samosas in their take-out order.

One of the plaintiffs, Durgesh Gupta, claims that a restaurant employee assured him that the restaurant only served vegetarian samosas, so there was no need for concern.

However, the restaurant admits that the take-out order placed by the plaintiffs was accidentally switched with another order of meat-filled pastries. Upon learning of the mistake, the restaurant immediately offered a free order of vegetarian samosas.

On the surface, this case seems to involve a mundane food mix-up. The plaintiffs, however, are strict Hindus who claim that eating meat, even accidentally, affects their “karma and dharma,” or the purity of their souls.

As a result of their ingestion of meat, the plaintiffs claim they have to pay for a trip to India to conduct a purification ceremony. The trip requires visiting the city of Haridwar, a pilgrimage destination in northern India along the Ganges River.

If they fail to conduct this cleansing ceremony, the plaintiffs believed that their souls are in dire risk.

Thus, in their personal injury lawsuit, the Hindus are seeking compensation for the cost of their trip to India for the purification, as well as compensation for spiritual injuries and emotional distress.

Initially, the trial court dismissed the claim, saying that the plaintiffs did not have grounds to sue. A recent appellate court decision, though, reversed this finding, and said that the vegetarians could proceed with their claim.

While the lawsuit may seem frivolous for people who do not place a strong spiritual premium on their dining choices, these plaintiffs seem to have suffered a genuine perceived harm.

The combination of religion and law has always made for controversial lawsuits, but the appellate court found that a so-called spiritual injury counts as an injury that may lead to a lawsuit.

The plaintiffs may very well lose their claim, but this case shows that not all personal injuries have to involve calamitous physical wounds.

On the contrary, spiritual and emotional distress are very real forms of trauma, and legal relief may be sought for these injuries under the right circumstances.

If you have suffered emotional distress or other psychological trauma as a result of poor treatment, negligence, or abuse, contact a local injury attorney today to learn more about your legal options.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

Jul

27

Horse Chomps Off Woman’s Finger, Personal Injury Derby Ensues

Posted by guest-writer | Posted in Personal Injury News

In the popular imagination, horses are noble, gentle creatures who, when not carrying small men on their backs in mile-long races, spend their days leisurely chewing hay and oats.

This image may be partly true, but even many animals lovers theorize that horses are a few pegs below cats and dogs in the animal intelligence department.

Solid evidence of this theory was recently presented when a horse allegedly bit off part of an Illinois woman’s finger in a gruesome farm incident. In the wake of this disaster, the injured woman has filed a personal injury lawsuit against the owners of the equine nibbler.

According to sources, Linda O’Leary claims that she was bitten by a chestnut-colored gelding while she was taking pictures of her grandchildren feeding other horses at Wagner Farm in the Glenview Park District of northern Illinois.

In perhaps the most graphic description of an animal attack ever recorded, O’Leary boldly told the Chicago Tribune that, after the horse got hold of her hand, she could feel a “sucking feeling and then a crunch, and he opened his mouth, and I pulled my hand out, and [my finger] was gone.”

In her personal injury claim, which names the Glenview Park District as the defendant, O’Leary says the horse took off her right index finger above the first knuckle.

O’Leary had been visiting the park with her two grandchildren, who were six and eight years old at the time. She claims the horse “came out of nowhere” when she backed out of a crowd to take a picture of her grandchildren.

She also expressed her concern that the horse could have done much more damage to the smaller children, and felt fortunate that they were not harmed.

The injury is particularly debilitating for O’Leary, who is right-handed, because she works in the payroll department for a Chicago business, and claims that she cannot use the finger for turning a key in a door without experiencing severe pain.

In response to the lawsuit, the executive director of the Glenview Park District did not offer a comment, but did state that the horse in question had not previously bitten any visitors before this incident.

Animal attack lawsuits occur in a number of different ways, including dog bites, horse attacks, and other forms of animal violence.

In order to bring an animal attack lawsuit, most victims of these attacks must be able to prove that the animal’s owner, or the person in charge of monitoring the animal, negligently failed to properly supervise the animal.

These cases often turn on nuanced bodies of tort law, which vary widely by state.

To learn more about the laws governing animal attacks in your area, contact a local injury lawyer today for further information.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

PAID ATTORNEY ADVERTISEMENT. THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Injury is not a law firm. Total Injury does not endorse or recommend any lawyer or law firm who participates in the network. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total Injury may not be protected by attorney-client privilege. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 510, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here.

If you live in Florida, Mississippi, Missouri, New York or Wyoming, please click here for additional information.

The content found on the TotalInjury Blog is not legal advice and is purely for informational purposes. Total Injury, Inc. does not guarantee the accuracy, integrity or quality of submissions. The information provided by the bloggers on this site may not represent the opinions of the site editor(s), Total Injury, Inc. or its affiliates. The information contained herein is not a substitute for the advice of an attorney. For additional disclaimers, please visit our Terms & Conditions. All photos are of models and do not depict clients.