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.

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Jan

21

Lawsuits Filed Against Anti-Smoking Drug After Deaths

Posted by Michael | Posted in Defective Drugs

Three different personal injury lawsuits were filed against Pfizer Inc. last week claiming that suicide attempts and a death stemmed from use of the drug Chantix to help alleviate symptoms of nicotine withdrawal.

The crux of each personal injury lawsuit is that staff at Pfizer did not properly inform both doctors and potential users about the potential for psychological disturbance caused by the drug, according to Reuters. All the cases were filled at the New York State Supreme Court based in Manhattan.

The suits claim the company knew that use of Chantix could possibly lead to feelings of depression and suicidal thoughts before distributing. While warnings are packaged with Chantix containers, attorneys representing those who filed against Pfizer said the warnings do not accurately describe potential side effects.

Attorney Marc Grossman wrote in one of the suits that the pharmaceutical company “intentionally, recklessly, and/or negligently concealed, suppressed, omitted, and/or misrepresented the risks, dangers, defects and disadvantages of Chantix,” Reuters reported.

Claims in two of the injury lawsuits read that two people tried to commit suicide after using the drug for help with smoking cessation. Further details about the suicide attempts were not reported.

The third suit is for wrongful death, and was filed after Indiana resident Annette Pine allegedly committed suicide after using the drug. Specific details about Pine’s case also were not reported, according to Reuters.

Pfizer spokespeople released a response after the suits were filed where they praised the drug’s effectiveness, and pointed out that it had been approved in 86 countries as an aid to quit smoking cigarettes.

“At all times, Pfizer has clearly communicated important information about the safe use of Chantix, which is available only with a prescription,” Pfizer spokesperson Sally Beatty said in the statement, also adding that Chantix has helped many smokers to quit.

“We intend to vigorously defend this medicine,” Beatty said in the statement.

All three lawsuits claim that each plaintiff used the drug as it was prescribed.

The suits also state that both the patients and their doctors were “not aware and through diligent efforts were not able to discover the risk of serious injury, and/or depressed mood and/or suicide associated with and/or caused by Chantix.”

According to Chantix.com, the drug blocks receptors in the brain that would ordinarily link with nicotine, but also causes the hormone dopamine to release. Nicotine also cause dopamine release but at a higher amount than what Chantix causes.

The site also lists that as of August 2008 over 6 million people in the United States have been prescribed Chantix for smoking cessation.

Pfizer first released the drug in 2006. Sales have since fallen while reports and concerns about side effects increased, Reuters reported.

Chantix sales fell about 15 percent in the third quarter of 2009.

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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.

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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.

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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.

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Dec

23

Weather: Your Worst Nightmare for Holiday Travel This Season

Posted by mbrickley | Posted in Car Safety, General

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!

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Dec

8

Lung Injuries from Smoking? Just Sue the Tobacco Company…

Posted by mbrickley | Posted in Uncategorized

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.

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Dec

5

Personal Injury in the Wild

Posted by Michael | Posted in Setting the Record Straight about Personal Injury Cases, Uncategorized


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

Personal injury statistics

Add this infographic to your site:

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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.

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Nov

4

Texting - Deadly Encounters

Posted by mbrickley | Posted in Car Accident Cases

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.

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Disclaimer: 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.