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News

VA Man Pleads Guily To Disability Fraud

A man from Greene County, Virginia has entered a plea of guilty to charges of fraudulently receiving close to $100,000 in disability benefits from Social Security.
According to authorites, 65-year-old Irven Jones had received approximately $97,000 worth of payments from Social Security disability. After an investigation by the Social Security Administration, Jones pled guilty in U.S. District Court to one felony count of theft of money or property belonging to the United States with an aggregate value in excess of $1,000.
The evidence revealed that Jones had been attempting to hide work had had been doing at a home for the elderly while at the same time receiving Social Security disability benefits.
Jones will be facing a maximum prison sentence of 10 years in addition to a fine of $250,000.

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Grill Near Kent State University Shut Down After Diners Suffer Illness

Nearly 50 people at Kent State University suffered personal injury through illness after consuming food from a resataurant that has since been closed for investigation by Ohio state health officials.
Health department officials from Kent carried out an inspection of Chipotle Mexican Grill on April 19, a day after receiving reports from the university's health center and Robinson Memorial Hospital of students showing similar symptoms: severe vomiting, diarrhea, and nausea.
According to John Ferlito, Kent Health Commissioner, all of the students who complained of the symptoms at burritos at the restaurant. Apparently, many of the patients had received a coupon for free food after donating blood.

According to Robinson Memorial emergency medical coordinator Robert Walker, seeing a combination of the same things typically means food poisoning.
The Ohio Department of Health said officials were testing food and workers for any illnesses.

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Hockey Arena Operator Not Liable For Injury From Ricocheting Puck

On April 10, the state Supreme Court of New Jersey ruled against a woman from Mercer County, New Jersey who filed a personal injury suit after being struck in the forehead by a ricocheting puck while in the stands during a warm-up before a 2003 Trenton Titans (now the Trenton Devils) hockey game. The court said that some risk is assumed by a spectator in attendance at a sports event.

The high court reached a 4-3 decision that Mercer County Improvement Authority, the operators of the Trenton arena, the Titans, and the East Coast Hockey League protected spectators through the placement of Plexiglas and netting between the ice rink and the most dangerous seating areas. The court overruled an appellate court decision that 38-year-old Lawrence, New Jersey resident Denise Sciarotta was able to file suit.

When the incident occurred, Sciarotta was sitting six rows from the ice and above the Plexiglas. A heavy, frozen puck hit a goalpost and caromed above the Plexiglas, striking her as the Titans, who are owned by the New Jersey Devils, and the Johnstown Chiefs were in pre-game warm-ups prior to a January 3, 2003 game. As a result, she received a concussion and serious cut to the head.

According to Sciarotta’s attorney, the arena operator and franchise had a duty to warn spectators of the dangers of stray pucks. The state Supreme Court ruled that the duty is satisfied if protected seating is provided for the most dangerous sections of the stands.

The result in this case is similar to a case recently reported in this web site in which the Court held that the operator of a baseball park was not liable to a fan who was hit in the face by a baseball.

 


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Defective Product Suit Brought Against Medtronic Defibrillator

A lawsuit has been filed by Illinois native Donald Shewmake against Medtronic, Inc. claiming that a defective and dangerous defibrillator caused him personal injuries and economic damages. He claims to have a heart condition that requires him to use an implantable defibrillator.

Shewmake says that he was implanted with a Medtronic defibrillator which has a “Sprint Fidelis” lead for the purpose of aiding his heart to maintain an appropriate cardiac rhythm and prevent sudden cardiac arrest. However, the complaint alleges that on or about April 28, 2006, Shewmake was given a series of shocks by the defective lead, culminating in his suffering a myocardial infarction.

 

According to Shewmake, during his April 2006 hospital stay, the broken lead was removed and replaced and a year later, in July of 2007, because of damage from the previously broken lead the battery had to be prematurely replaced.

Shewmake alleges that because of the defective lead, he suffered permanent and continuing damage. He also alleges a breach of duty on the part of Medtronic for failing to make a reasonably safe defibrillator and lead. He seeks damages in excess of $100,000 in addition to costs of suit.

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Samuel Adams Beer Bottles Recalled

A voluntary recall has been announced by the Boston Beer Company (BBC) of select 12-ounce glass bottles of its Samuel Adams beer and ale that may have the potential of personal injury because of possible small grains or bits of glass in the bottles.

The following products are the only ones that are not being recalled:

  • Samuel Adams draft beer
  • 24oz bottles of Samuel Adams
  • Samuel Adams Utopias
  • Samuel Adams Triple Bock
  • Twisted Tea
  • Bottles the code “N08” followed by “OI” embossed
  • Bottles the code “N17” followed by “OI” embossed
  • Bottles the code “N26” followed by “OI” embossed
  • Bottles the code “N31” followed by “OI” embossed

The bottles potentially affected by the recall can easily be identified by an embossed letter and number visible on the bottle’s bottom edge. The bottles with the code “N35” followed by “OI” embossed in them are the ones affected. If you have purchased these bottles, do not drink them.

If you have purchased the defective bottles of beer or ale, you are advised to not drink it and immediately dispose of it. You will receive a full refund from the BBC for products that are potentially affected.

Consumers can contact the BBC at 1-888-6744-5159 or access their recall Web site at http://consumerinfo.samadams.com for more information.

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Asbestos Settlement Proposed By W. R. Grace

A proposed settlement has been reached by W.R. Grace & Co. Inc. regarding all current and future personal injury claims related to asbestos against the company.

In 2001, the Columbia, Maryland-based chemical company filed Chapter 11 bankruptcy faced with huge liabilities because of asbestos. On April 7, the company said that it had reached the tentative settlement with a committee of claimants for personal injury suits related to asbestos, a representative handling future claims, and a group of the company’s stockholders.

The settlement would reach a total of over $2 billion and would include:

  • $250 million in cash.
  • Deferred payments of $110 million each year for five years beginning in 2019 and $100 million each year for 10 years beginning in 2024.
  • Warrants for the purchase of 10 million shares of Grace common stock at a $17 a share. The warrants would expire one year after Grace’s reorganization plan goes into effect.
  • Rights to proceeds of Grace’s insurance coverage related to asbestos.
  • The value of cash and stock under settlements of litigation with Sealed Air Corp. and Fresenius Medical Care Holdings.

Grace manufactures silica and aluminum-based catalysts for use in industry and specialty chemicals and materials for use in construction and the packaging of food and beverages.

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Xerox Settles Discrimination Lawsuit for $12M

 

Thanks to six former African American employees of Xerox, Corp. who sued the giant office equipment manufacturer, blacks will divide $12M, according to RTT News.

 

Xerox settled the class action lawsuit out of court. The six former black employees filed suit in May of 2001, alleging race discrimination. The group said blacks were given less lucrative sales territories, a different set of sales quotas and were passed over for promotion.

 

The settlement followed preliminary approval by U.S. District Judge, John Gleeson. The lawsuit was filed in New York Federal Court by six black former Xerox sales representatives from New York, California, Texas and Georgia.

As usual in out-of-court settlements, the defendant denied it practiced unlawful discrimination. The Stamford, Conn. based company avoided extended litigation by settling, which it said was in the “best interests” of its shareholders and employees. The judge also demanded Xerox establish a task force -- that includes a diverse group of company employees -- to make sure African-American sales representatives are compensated by assigning sales territories on an impartial basis.

The lawsuit said blacks were given less-profitable sales territories compared to white workers. The plaintiffs maintained they also were passed over for promotions and were denied commissions they had earned.

Frank Warren one of six plaintiffs, said he was assigned a sales territory in the Bronx that required a car. When he told supervisors he would have a hard time managing the territory since he didn’t own a car, he said he was told by a company vice president he (Warren) was assigned to the Bronx because “blacks and the Bronx go hand in hand."

But Anne Mulcahy, Xerox chief executive, said she was pained to settle the lawsuit and that Xerox's record on diversity "is a source of corporate pride and competitive advantage," according to USA Today.



 

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Former Inmate Sues over Lax Medical Examination

 

A former Utah inmate has filed suit in U.S. District Court in Salt Lake City against a staff nurse whom he said rendered him sterile.

The suit claims negligence by the nurse and a violation of his constitutional rights. The suit seeks unspecified damages but explicitly states permanent medical care will cost $500,000 according to the Deseret Morning News in Salt Lake City.

The newspaper reported that in December, 2006 the claimant complained of severe pain and swelling in his genitalia before being seen by the prison nurse. He said the nurse’s examination was incomplete and said he was not seen by a physician until three days later. Court documents state the delay in treatment caused permanent damage requiring long-term hormone replacement therapy. The claimant fears he now is incapable of fathering children."

Attorney for the claimant, Brian Barnard said a medical malpractice claim will be added to the suit. Barnard went on to say, “One would hope a jail nurse would know when one needs immediate medical attention and one would also hope an inmate with a major medical emergency would not be dismissed because it was the Christmas weekend.”

 

 

 

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Slaughterhouse Worker Files Suit after Becoming Ill

After 13 employees at the Quality Pork Processing Plant (QPPP) in Rochester, Minn. contracted a neurological disease from exposure to vaporized pig brains, one of them is taking legal action.

Susan Kruse and other employees had used pressurized air hoses to pulverize the brains for food processing at the Minnesota slaughterhouse. Because of the alleged contaminated exposure, Kruse has been out of work for months and her employer has denied her workers' compensation.

"In this particular case, given the expenses that these people are running up with their medical treatment alone, without the work comp coverage they can't afford it," her attorney, Ray Peterson said.

QPPP president Kelly Waeding said her company is processing workers compensation for other workers.

"Several of them have had the enough information gathered and they've taken depositions to make a determination that it will be covered under worker's compensation,” she said. “ Susan Kruse is in that process right now. They haven't finished gathering information on this particular case."

The Minnesota Department of Health (MDH) still is investigating. KAAL-TV, the ABC affiliate in Minneapolis said MDH officials confirmed workers breathing in mist from processed pig brains became sick. MDH termed the illness “progressive inflammatory neuropathy.” Kruse told the station she still suffers pain and fatigue a year after the exposure. KAAL reported since the lawsuit, QPPP has stopped harvesting pig brains.

Kruse walks with a limp, two years after she began experiencing symptoms from the slaughterhouse exposure. "It started in my left leg then it went to my right leg. I had tingling in my finger tips and my body wanted to go but my body wouldn't let me," Kruse explained

Similar symptoms were reported by employees at slaughterhouses in Indiana and Nebraska.  The U.S. Centers for Disease Control and Prevention still is trying to determine the exact cause of Kruse’s illness.

 

  

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Walgreen Co. Settles $24M Race Discrimination Class-Action Suit

An Illinois federal judge approved a $24 million race-discrimination settlement between Walgreen Co. and the U.S. Equal Employment Opportunity Commission (EEOC). One of the largest-ever monetary settlements in a race case filed by the EEOC will benefit thousands of African Americans, according to the Associated Press.

Legal counsel will share about $4.5 million in fees separate from the settlement amount, according to theledger.com.

The EEOC filed its suit in March 2007, alleging the suburban Chicago-based Walgreen discriminated against African American retail management and pharmacy employees in terms of promotion and compensation.

The settlement resolves the EEOC's litigation and a private class suit filed in June 2005 on behalf of 14 African American current and former Walgreen employees. The settlement will be shared by 10,000 African American past and present Walgreen management employees.

Walgreen denies wrongdoing but will follow the judge’s decree, said Walgreen spokeswoman Tiffani Bruce. "We do not tolerate discrimination in any aspect of employment. We're the drug-store industry leader when it comes to the employment and promotion of African-American managers and pharmacists."

Walgreen reported it has 230,000 employees in 6,237 stores across 49 states and Puerto Rico.

The judge’s ruling mandates Walgreen make recommendations regarding its employment practices, including non-discriminatory promotion.

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Doctors Cleared of Medical Malpractice in John Ritter's Death

Doctors were cleared of medical malpractice in the death of actor John Ritter.

 

“Dr. [Joseph] Lee started doing what he had to do when John went to the hospital,” said jury forewoman Adriana Goad, speaking for nine jurors who sided with the defense. “There was no time. There was nothing else that could be done,” she told the Burbank Leader.

 

Ritter’s widow, Amy Yasbeck, filed suit against Dr. Lee and Dr. Matthew Lotysch for $67 million, claiming the surgeons could have done more to prevent her husband’s death. Ritter became ill while filming ABC’s “8 Simple Rules for Dating My Teenage Daughter” in September, 2003. He died of a ruptured aorta.

 

“We all loved John Ritter, but the celebrities had no bearing on the case,” said Goad, who added “we were there to look at Doctors Lotysch and Lee.”

 

The prosecution said Dr. Lee should have ordered a chest X-ray which would have revealed Ritter’s heart condition. The plaintiff also claimed that had Dr. Lotysch should have told Ritter his aorta was enlarged during a 2001 body scan.

 

But juror Goad was unconvinced of medical wrongdoing. “There were so many experts that disagreed during trial about what was an enlarged aorta,” she said. “If they can’t agree, why hold Dr. Lotysch accountable?”

 

While dismayed with the verdict, Yasbeck hoped the trial would expose the threat of aortic dissection, a condition she said is commonly misdiagnosed.

“This trial was necessary because mistakes like this one are made every day,” she said. “I will continue to work to raise awareness of aortic dissection and the John Ritter Foundation for Aortic Health, which is a movement to change the way people think about aortic dissection.”

 

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Federal Maritime Law Used To Enhance Workers' Compensation Claim

In a workers' compensation case with a bit of a twist, there is a debate over whether or not a riverboat casino that has rarely moved from the dock in nearly six years still falls under the jurisdiction of federal maritime law.

The claimants lawyer, Karl Truman with offices in Kentucky and Indiana cleverly used a federal law known as the Jones Act to seek greater money for his client.

Tina Conder, a former employee of the Glory of Rome riverboat, which serves as the Caesars Indiana casino, claims that she has had serious medical complications due to flea bites she received while working as a dealer for the Harrison County, Indiana casino. She and her attorneys argue that the casino is still considered a boat and are seeking unspecified damages under federal maritime law.

Conders attorneys say that this case could change how gambling boats in the U.S. are regulated and will determine if their workers are covered under the Jones Act. The Jones Act is an 88-year-old federal law that provides significantly higher benefits to maritime workers who are injured than they could typically expect from the state workman’s compensation laws.

In April of 2005, Conder filed suit for damages including medical expenses, legal fees, and pain and suffering. It has been rare for casino workers to succeed when invoking maritime law, but Conder took a big step toward success when a judge concluded that she was indeed covered.

In her suit, Conder says she allegedly suffered disabling health problems due to flea bites on her legs, arms, head, and torso. Parts of her body were covered in blisters that filled with blood, leading her to be diagnosed with a blood disorder called hypereosinophilic syndrome (HES).

Conder also claims in her suit that the large steroid doses she received as treatment for the bites resulted in two heart attacks. The casino has been accused by the suit of negligence for failure to maintain a seaworthy vessel in accordance with the Jones Act.

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Church Wins Dog Bite Case

Connecticut Supreme Court justices upheld the ruling of an Appellate Court which overturned a $143,000 jury award in the personal injury case of a Norwalk, Connecticut woman who was attacked at the Norwalk United Methodist Church by a pit bull.

Supreme Court Justice Richard Palmer  agreed with the decision of the Appellate Court that the evidence was not sufficient enough to support a finding that the church was the dog’s “keeper.” The church’s sexton was the owner of the dog, who lived with him at a building owned by the church for several years.

 

Palmer also noted that during the February 2004 trial, the fact that at the time of the 2000 attack, the church was covered by liability insurance was improperly admitted into evidence by the court.

After the state’s high court turned her efforts to find the church strictly liable for damages, Virginia Auster’s remaining option would be a return to the state’s Superior Court to retry the negligence suit. Her attorney hopes to bring the case back before a jury as soon as possible.

Auster went to a July 27, 2000 meeting of the Nagarote Sister City Project at the church. After finding the door of the parish house locked, Auster went to the living quarters of sexton Pedro Salinas in hope of having someone unlock the door.

Auster, 74-years-old at the time, then asked if someone was home, when the pit bull, Shadow, appeared in the doorway. After spotting her, he ran through a damaged door, biting her leg.

Auster incurred $11,000 in medical costs as a result of the attack. She was willing to accept $75,000 in negotiations for medical costs, distress, and disfigurement.

The incident was not the first bite for Shadow, since euthanized. He bit the preschool director of the church on the foot sometime before 1999.

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Not Guilty Verdict in Criminal Trial Does Not Stop Civil Lawsuit To Recover Personal Injury Claim

A man from Kaukauna, Wisconsin who was acquitted earlier in March of causing injury by driving drunk is preparing to face a personal injury suit next spring that stems from the same accident.

In addition to that, a second person who received personal injuries after she and another woman were struck by the SUV of Randall Ashauer while they were walking on a street in Kaukauna on April 1, 2007 has filed suit against him.

Outagamie County, Wisconsin Circuit Judge Mark McGinnis, who heard the six-day criminal trial of Ashauer, scheduled a three-week trial on the personal injury suit 19-year-old Kaukauna native Tiffany Pohl, who was paralyzed from the neck down by the accident, filed against Ashauer.

The other woman walking with Pohl, 21-year-old Kaukauna native Kayla Lamers, received minor injuries in the accident and filed a personal injury suit on March 7, four days after 53-year-old Ashauer’s acquittal of criminal charges.

This  civil case should not surprise those who closely followed the O. J. Simpson trials involving the death of his wife.

Simpson was found "not guilty" in criminal court of murdering his wife. However, in a later civil trial in which a "wrongful death" claim was made, the jury found that Simpson did indeed kill his wife.

How can this be ?

The answer lies in the fact that there are different issues raised in criminal trials than in  civil trials. In  Simpson's  criminal case the issue was: is the jury convinced beyond a reasonable doubt that the state of California carried it's burden of proof that Simpson murdered his wife.

In the civil case the issue was : did the estate of Simpson's late wife convince a jury by the greater weight of the evidence that more probably so than not, Simpson killed his wife.

The burden of proof is much different in a criminal case where life and liberty is at stake than in a civil case where the issue is whether the defendant should pay money to the plaintiff.

Also the there is a different jury. In Simpson's case the civil trial was thought to have been tried in a venue which was less sympathetic to Simpson than to his late wife's family.

What about the legal doctrine known as the defense of double jeopardy? This defense provides a constitutional protection against having to stand trial for the same offense  for which the accused was previously found not guilty.

The double jeopardy  defense only applies in criminal cases.

If Randall Ashauer is found by the greater weight of the evidence to have negligently injured 19 year old Tiffany Pohl, he will have a judgment imposed against him  for the huge damages suffered by Pohl. The fact that he was found "not guilty" of drunk driving in the criminal case will not help him escape his responsibility to  the victim of his negligence.

Unfortunately, unless Ashauer has a big liability insurance policy, Pohl may have the same difficulty collecting that was experienced by Simpson's late wife's estate.







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Proposed legislation would strengthen Consumer Product Safety Commission

Lawmakers in the U.S. are pushing a bill that would give the US product safety watchdog a much-needed boost, providing it with more money and authority after a wave of recalls of dangerous products which could cause personal injury.

On Thursday, March 6, the U.S. Senate voted for an increase in funding for the Consumer Product Safety Commission (CPSC), which had to deal with low finances and staff levels last year while dealing with a record number of product recalls, most of which involved toys and other children’s products laced with lead.

The CPSC Reform Act also promises to update the testing facilities of the CPSC, as well as raise the bar for safety certification standards of products intended for children and impose stiffer punishment for those who violate product safety laws.

Legislators still need to resolve the differences between the Senate’s bill and another version the House of Representatives backed in December.

Regardless, consumer advocates and lawmakers are welcoming the draft legislation, believing that it will bring about much tighter control, especially over children’s products.

According to Nancy Cowles, head of child safety advocacy group Kids in Danger (KID), more than half the recalls last year involved products intended for children, the majority of which dealt with lead in Chinese-manufactured toys. She said that she believes children in the U.S. will be “much safer” after the CPSC Reform Act goes into effect.

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Vioxx Manufacturer Faces Additional Litigation

Merck & Co may be on the verge of settling most of the major personal injury suits filed over the drug Vioxx, however, the company still faces a great deal of litigation over the painkiller that was pulled from market shelves in the year 2004 due to cardiovascular risks.

Merck announced a proposal in November for a settlement of $4.85 billion for personal injury cases in the U.S. that involved a heart attack, stroke, or death. According to the company, over 44,000 plaintiffs have enrolled.

However, the company, which is based out of Whitehouse Station, New Jersey, still has lawsuits over the drug coming from all directions. The plaintiffs range from patients in 18 different countries, to health care providers, to customers who want refunds after purchasing Vioxx, and to stockholders who are looking to recover losses they incurred because of the drug. New suits are continuing to be filed against the company.

Charges totaling $6.773 billion have been taken by Merck in order to pay for the settlement in addition to an army of the lawyers to handle the litigation, including approximately 20 personal injury cases which went through trials before the deal was proposed by Merck.

However, there are thousands of former users of the drug who have claimed personal injuries, including dangerous chest pain and abnormal heart rhythms, that are excluded from the settlement. Many of their cases continue.

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Defective booth causes injury to Denny's customer

A man from Miami Dade County, Florida, Winslight Baptiste filed a personal injury suit on November 28, 2007 against KS & P Restaurants, LLC. According to the complaint, Baptiste’s damages are in excess of $15,000, not including attorney’s fees and costs of suit.

The complaint states  that Baptiste was dining at a Denny’s restaurant, owned by KS & P, in North Miami, Florida when the table at the booth he was sitting in “flipped up” as he was getting up to leave, causing him to fall. The suit claims that KS & P was negligent by creating a dangerous condition by failure to provide a seating environment that was safe for customers, failure to keep the premises in a condition that was safe and proper for use, and failure to warn Baptiste of the dangerous condition.

The complaint alleges that KS & P’s “reckless or negligent” maintenance, operation, or control of the restaurant was the cause of Baptiste’s fall and subsequent personal injuries. It further says that the defendant’s negligence caused the restaurant to be unsafe and that KS & P knew, or should have known, that the area was not in a reasonably safe condition.

Also according to the complaint, KS & P employed people who were incompetent, unskilled, or careless and failed to exercise proper employee supervision in maintenance of the area.

The complaint states that as a result of the incident, Baptiste suffered bodily injury that resulted in pain and suffering, disability, disfigurement, mental anguish and pain, loss of earnings, loss of ability to earn, and  medical expenses for past, present, and future medical care. It says that Baptiste will continue to suffer losses in the future, as well.

North Carolina law requires restaurant owners to provide a safe environment for its' customers. Although restaurant owners are not guarantors of the safety of their customers, they are required to act reasonably and prudently to protect its' customers from harm.

If the Miami case described above had happened in North Carolina, the restaurant owner would be liable only if it had reason to know that the booth was defective and potentially dangerous and that it did nothing to correct the problem.



 

 

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Drowning Death Leads To Products Liability Lawsuit

The family of David Darr, a Kentucky man whose wrongful death was caused by his track loader flipping and submerging in a pond, drowning him, last year, has filed suit against the manufacturer of the equipment as well as 11 other defendants involved in either the sale or manufacture of the equipment or ownership of the property on which Darr died.

 

According to documents filed on Monday, March 3 in the Circuit Court of Whitley County, Kentucky, Takeuchi Manufacturing Company, based in Japan, and Takeuchi U.S., based in Georgia, allegedly caused “tortuous” personal injury through the rubber track loader purchased by Darr and were negligent because their product was dangerous and carried no adequate warnings.

 

Brinke Equipment, which sold the loader to Darr in June 2006, and its owner, Richard Brinke, were also accused of negligence by the suit in addition to BrushMonster, LLC, which sold a rotary cutter attachment to Darr that he was using with the track loader at the time of his death.

 

Brinke is alleged by the suit to be negligent for providing information that was false or inaccurate concerning the abilities, capabilities, and possible uses of the loader. The suit also alleges that the attachment sold by BrushMonster was not safe, of merchantable quality, or fit for the intended purpose.

 

On March 11 of last year, 53-year-old Darr was operating the loader next to a pond at the back of a neighbor’s property when it overturned and fell into the water.

 

Officers said the cab was fully enclosed at the time of the rescue attempt and the door latches were inside. Rescuers broke the window to extract Darr, but were unable to revive him. They estimated that he had spent approximately 15 minutes underwater from the time they arrived.

 

The suit alleges that Darr was unable to escape the cab due to design defects.

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Faulty Sling Dumps Workers Who Fall To Their Death

According to a report by the mine safety agency of Indiana, three men died of the personal injuries they received at a southern Indiana coal mine when a nylon sling used for transporting supplies up and down a shaft was caught, causing the bucket the men were riding in to tip, resulting in them plummeting to their deaths.

 

The report, released Monday, March 3, said that the bucket traveled down the shaft approximately 20 feet before a shackle attached to the sling got wedged in a mine shaft door, which caused the bucket to tip, sending the men falling about 550 feet.

 

The independent contractor constructing the mind shaft was cited by the federal Mine Safety and Health Administration for failure to ensure a worker was controlling the hoist during the bucket’s descent  and  the failure to require the workers to wear harnesses that could have potentially protected them from falling.

 

Frontier-Kemper Constructors Inc., received no citation for having the sling attached to the bucket, but the state’s report said a safety plan was submitted by the company to the MSHA on August 17 including a prohibition of the attachment of straps, lanyards, or rigging to the bottom of a bucket transporting people.

 

Donald McCorkle, deputy commissioner of the state mine bureau, said that it was a “shame” that such an accident had to occur before the company realized the practice needed to be banned.

 

The men killed in the accident were 38-year-old Cedar Bluff, Virginia native Christopher Todd Richardson, 66-year-old Greybull, Wyoming native Daniel McFadden, and 23-year-old Henderson Kentucky native Jarred A. Ashmore. McFadden was there to celebrate the 30th anniversary of the merger of Frontier and Kemper Constructors, which included touring the site. Ashmore and Richardson were managers for Frontier-Kemper.

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Trial Set for Surgeon Whose Patient Died Days after Plastic Surgery

<p>Three years ago, Kay Cregan of Limerick, Ireland flew to New York City for a facelift operation. She kept it a secret, wanting to surprise her husband. But three days after the procedure, Cregan went into cardiac arrest in the doctor’s recovery clinic and died en route to St. Luke’s Roosevelt Hospital, reported the Limerick Leader.</p>

<p>Now, her husband, Liam, is suing the surgeon and anesthesiologist for medical malpractice. A trial is set for September. The defendants are cosmetic surgeon Dr. Michael Evan Sachs and Dr. Madhavrao Subbarao, the anesthesiologist. The suit blames Sachs of negligence, carelessness and gross indifference, reported the Irish Voice.</p>

<p>The 42-year-old Cregan paid Sachs $32,000 for the procedure. She had read about Dr. Sachs performing a similar procedure on another woman from Ireland.</p>

<p>Sachs since has been struck from the register of physicians in New York by the New York State Board for Professional Medical Misconduct. The board previously had investigated Sachs’ medical procedures on four patients, including Cregan, in 2005.</p>

<p>However, Sachs’ lawyer contends Cregan suffered from an irregular heartbeat. Still, New York’s Medical Examiner ruled Cregan’s operation factored into her death while determining no pre-existing medical condition could have contributed to her death.</p>

<p>The Irish Voice referred to Sachs as “Dr. Botch,” due to his involvement in 30 malpractice cases over 10 years. The newspaper said the lawsuit set monetary damages to reflect the loss of a wife and mother of two young children, in addition to accounting for pain and suffering.</p>

<p>Agnes Kelly, sister of the deceased, said the article her sister read about Dr. Sachs never mentioned anything negative. According to infowars.com, Sachs was one of the most sued doctors in New York. The web site said the New York Daily News had first reported incidents of medical malpractice five years prior.</p>

<p>The web site went on to report Sachs made 33 malpractice payments in the last 10 years -- more than any other doctor in New York state -- according to the National Practitioner Data Bank.</p>

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Mississippi Workers Rally To Increase 60 Year OLd Ceiling on Workers' Compensation Benefits

On Monday, February 18,  gathers held a rally at the state capitol of Mississippi on behalf of all the workers in the state, in hopes of changes in the worker’s compensation policy of the state.

The members of the Mississippi Workers Center for Human Rights are hoping to see better benefits for employees who have personal injuries occur while on the job. They are calling for the lawmakers in the state to increase the comp days for workers who suffer personal injuries from 450 to 500.

According to supporters of the worker’s comp legislation, the money that injured workers are provided are not enough to cover the medical costs they incur, in addition to the other bills that pile up while they are injured and unable to perform their jobs.

According to Jaribu Hill, president of the Center for Human Rights, there have not been any changes in the worker’s compensation system of the state since the year 1948. That means a total of 60 years since the last time the law was changed or received an “overhaul,” which is why Hill says they want to see changes. Hill says that they want the people of the community to be more aware of what is happening with the workers of the state.

In 2006, more than 12,000 workers in Mississippi were injured while on the job. The state is one of only 17 that have a ceiling on the amount of benefits that an injured worker can receive from worker’s compensation.

North Carolina law provides  one of the better workers' compensation  befefits. In North Carolina there is no limit to the number of weeks a totally disabled worker will collect workers compensation benefits. The amount of weekly payments is linited to two-thirds of the workers pre-injury average weekly wage.

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Three Year Old Attacked By Pitt Bull: Owner May Face Felony Charges

Dog bite by Pitt Bull sends three year old to hospital. Tougher dangerous dog bite laws needed.

On the night of Saturday, February 16, a 3-year-old Texas boy was listed in critical condition from the personal injuries he received in an attack by a pit bull-boxer mix earlier that day in front of his home.

Late that Saturday evening, the boy, whose name hasn’t been released, was in surgery and the dog was being held by animal services.

Shortly before 1:00 p.m. on the day of the mauling, the child and his mother were walking to their Lubbock, Texas home’s front door. According to Kevin Overstreet, director of animal services for Lubbock, the dog charged across the road and attacked the child despite his mother’s attempts to protect him. The grandfather of the boy came out of the house and beat the dog until the boy was released.

Overstreet said that even though he received serious facial injuries, they were thankful the child’s injuries were not more severe.

According to Overstreet, he spend much of that afternoon working the attack and was finally able to track the dog’s owner down around 4 p.m. He voluntarily spoke with investigators and told them the dog was his after being contacted, Overstreet said.

Within 20 days, a dangerous-dog hearing will be scheduled that will determine the fate of the dog. Overstreet said that if the owners were shown to be irresponsible, it is likely the dog will be put down.

The owner of the dog may face felony charges. 

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Employer Guilty of Workers Compensation Fraud

The insurance and industry public relations machines work full time churning out propaganda in an effort to convince the public that injured workers who make a claim for workers compensation benefits are cheaters and that their claims are  not legitimate. This impression is incorrect.

Fraud is wrong and destructive , whether committed by workers or management. A recent report of employer fraud shows that employer fraud , unfortunately, sometimes occurs and possibly is more prevalent than the public realizes.

A man from West Hamlin, West Virginia has entered a plea of guilty on charges of two counts of worker’s compensation fraud.

According to the West Virginia Insurance Commissioner, the plea was entered earlier in the week by 52-year-old Chlamar Elkins in the Circuit Court of Kanawha County, West Virginia.

In the month of November, 2007, Elkins received an indictment on 14 felony counts of worker’s compensation fraud and one felony count of fraudulent schemes.

According to a press release, in his guilty plea Elkins admitted that in the year 2001, he had failed to file premium tax reports for the First and Second Quarters. In addition to that admission, he also admitted to the fact that he owed a total of $18,284.19 in repayment of premiums for worker’s compensation which he had not paid to the West Virginia Offices of the Insurance Commission in addition to a total of $7,759.79 to Emmis Television Broadcasting.

The State of West Virginia has agreed to a dismissal of the additional 13 counts of fraud that Elkins would have been facing as an exchange for him entering a plea of guilty. He is expected to receive sentencing for the charges remaining against him in April.

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Wal-Mart has case removed to federal court

Negligent defendants usually think they get a better resolution of cases filed against them when they can have their cases resolved in federal court. One possible reason is that in state court lawyers have more freedom to question jurors during the jury selection process. There are various other reasons why defendants would rather be in federal court.

For the same reasons lawyers for injured victims would rather have their cases tried in state courts.

The usual way that negligent defendants can avoid state court is by showing that the defendant is a "citizen" of a state other than the state in which the negligent victim lives. Lawyers call this "diversity of citizenship" and the "trick" usually works to give the defendant a free ride into federal court where they think judges treat them better.

Even though a large corporation may do business in every state in The Union, and may have hundreds of stores in North Carolina, federal judges will allow defendants to "pretend" that they are not "citizens" of the state in which it had done hundreds of millions of dollars in business every year. The corporate defendants argue that because they are incorporated in some other state (usually Delaware) that there is diversity of citizenship. By using this diversity of  citizenship argument, corporate defendants get their cases transferred to federal court.

In a recent case Wal-Mart was able to get the case filed against it in state court in Illinois transferred to federal court.

On January 10, a negligence suit over allegations of a man receiving personal injuries from a ladder falling on him against Wal-Mart was removed by the defendants to the U.S. District Court for the Northern District of Illinois.

According to the complaint, filed on November 13, 2007, Wal-Mart was negligent in the maintenance of its dressing room for customers who are disabled. A ladder fell on Larry Collier, the plaintiff, causing personal injuries as a result of the alleged negligence. According to the complaint, a “metal rack, debris, containers, and bundles of plastic” were also part of the “dangerous condition.”

Collier argues that had it not been for the failure of Wal-Mart to warn or barricade the dressing room, the accident would have never taken place.

The nature of Collier’s injuries was not stated in the complaint, but he is seeking damages in excess of the jurisdictional minimum of $50,000 for each of the seven counts.

The same allegations have been brought against each of the seven defendants named in the suit: Wal-Mart Stores, Inc., Wal-Mart Real Estate Business Trust, Wal-Mart Associates, Inc., Wal-Mart.com USA, LLC, Wal-Mart Realty Company, Wal-Mart Stores East, Inc., and Wal-Mart Transportation, LLC.

Wal-Mart Stores, Inc. responded by denying all allegations of liability. All of the other defendants have also denied liability in the incident as well as ownership, lease, management, operation, or control of the premises at which the incident occurred. In its answer, Wal-Mart also demanded a jury.

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ReNu State Court Lawsuit Moved To Federal Court

It has been predicted by analysts that Bausch & Lomb could end up paying more than $1 billion in settlements for product liability suits related to their Renu MoistureLoc contact lens solution.

More than 400 suits have been filed against the company across the U.S. stemming from the recall of the product in 2006 after an outbreak of corneal infections that prompted a press release from the FDA to warn contact lens wearers and health professionals of “rare but serious fungal infections in the eye” resulting from fusarium keratitis.

Through an investigation of 30 of the cases of infection, the Centers for Disease Control discovered that 26 of the patients had used ReNu MoistureLoc.

The defendants in the case of Josephine and Scott Zapalik, one couple who filed a product liability suit against the company, decided to remove the case from the Circuit Court of Cook County, Illinois to the U.S. District Court of Northern Illinois on January 14. 

The couple originally filed the suit on December 7, 2007 alleging that both of them had developed fusarium keratitis from using the ReNu solution in December of 2005 and January of 2006. They alleged negligence, breach of implied warranty, and strict liability against the company and seek at least $30,000 in damages for each count.

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Icy Hot Is Too Hot!

On Friday, February 8, a voluntary nationwide recall was announced by Chattem, Inc. of its Icy Hot Heat Therapy products, including consumer “samples” included on a promotional basis for a limited time in cartons of the 3 oz. Aspercreme product after receiving reports of personal injuries from consumers. The recall is being conducted to the consumer level.

The recall of the products was announced due to Chattem receiving reports from some consumers of receiving first, second, and third degree burns as well as skin irritation as a result of consumers using, or possibly misusing, the products.

The lots and sizes of Icy Hot Heat Therapy products affected by the recall are the Icy Hot Heat Therapy Air Activated Heat – Back, Icy Hot Heat Therapy Air Activated Heat – Arm, Neck, and Leg, and Icy Hot Heat Therapy Air Activated Heat – Arm, Neck, and Leg single consumer use “samples” included in cartons of 3 oz. Aspercreme Pain Relieving Creme on a limited promotional basis. If the products are removed from the holding cartons, the products being recalled are packaged in a red colored plastic pouch that says “Icy Hot Heat Therapy” and either “Back” or “Arm/Neck and Leg.”

The products are sold over the counter at grocery stores, pharmacies, and mass merchandisers.

Anyone who has purchased the products being recalled should immediately cease usage of them and either discard them or return them to Chattem, Inc. Consumers can return the product for a full refund by calling the Consumer Affairs Department of Chattem, or visiting the company’s website.

Anyone who experiences adverse reactions to the use of the products should immediately notify the Adverse Event Reporting Program of the Food and Drug Administration either by visiting www.fda.gov/medwatch/report.htm or sending a fax to 800-FDA-0178.

North Carolina citizens who sustain personal injury from the use of these products have a products liability claim against the manufacturer. If victims can prove their case, they can recover full damages including all medical expenses, pain and suffering, scaring and any other consequential damages which can be proven.

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Male Nurse Accused of Abusing Over 100 Nursing Home Residents

Jurors in Sandusky, Ohio will determine the fate of a male nurse accused of abusing over 100 nursing home residents during a 22-year career. Included in physical and mental abuse charges is one of rape against a blind and partially paralyzed resident of the Concord Care & Rehabilitation Center, according to the Sandusky Register.

John Riems is being held at the Erie County jail on $100,000 bond while he waits for a grand jury's decision on his case. Riems was arrested at Concord, where he had worked for almost three years, according to police.

Suspicious of foul play at Concord, two sons from Sandusky have since sued the nursing home for $175,000 on charges Riems physically and mentally abused their father, Vincent Bilgen, who had resided at Concord since 2005.

During police questioning after his arrest, Riems admitted to abusing 100 patients in 22 years. In addition, he 49-year-old nurse admitted to abusing 13 residents at Concord, police said.

In its lawsuit, the Bilgen family claims Riems and Concord are liable for abuse. The suit says Concord was negligent in hiring Riems and is in violation of state law, which protects residents of nursing homes, the Register reported. Riems worked at 12 other nursing facilities since earning his nursing degree in 1985, the Register said. That averages to one nursing venue every year and a half.

Counsel for the Bilgens, James Murray, said, "It's hard to imagine the behavior continued for years and years and no one had an idea there might have been some patient abuse occurring," he said. "The Bilgen family was not aware of the abuse until Mr. Riems was charged criminally," the attorney added. "But they suspected their loved one might be one of the abused."

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Rottweiler sends 6 year old North Carolina Boy To Hospital

A six-year-old boy from Midland, North Carolina had to undergo surgery on Wednesday, February 6 due to the personal injuries he received from being attacked by a Rottweiler during a family visit to a neighbor’s house, authorities said.

Authorities and residents are now attempting to track down the owner of the dog.

The dog was chained in the backyard of the neighbors’ house because they had been asked to watch the 3- or 4-year-old pet. However, according to Captain Phillip Patterson of the Sheriff’s Office of Cabarrus County, they haven’t heard from the owner in five months. He said that the couple was trying to get rid of the dog since they couldn’t get into contact with the owner.

According to Patterson, the incident occurred at approximately 4:15 p.m. at the home of Jimmy and Carol Smith as they were celebrating Jimmy Smith’s birthday. Two children played in the back yard while the adults were inside the house.

According to Patterson, one of the children came too close to the dog and was bitten on the face, neck, and leg.

The dog was shot and killed by Jimmy Smith before deputies arrived, said Patterson. The boy was taken to Carolinas Medical Center-Northeast for treatment and remained in surgery much of the evening.

According to Patterson, the dog was properly chained and had a shelter provided for it by the Smiths.

The dog was taken by the authorities for rabies testing.

The Raleigh North Carolina News and Observer has been reporting about the dangers of vicious dogs. 

On February 8, 2008 the News and Observer published an editorial urging the enactment of tougher dog control laws, writing:

"An increasingly urban state, in other words, could use some updating of its dog laws. Lawmakers need to consider standardizing the definition of 'dangerous' and 'aggressive' dogs, and make sure bite victims have a fair chance to recover expenses for medical care."

North Carolina does need tougher dog control laws. However , even under existing North Carolina law, it is possible for victims of negligence to recover for personal injuries caused by dog bites.

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Obese Less Likely to Wear Auto Seat Belts

Someone obese is less likely to use an automobile seat belt, says recent research. That’s not good news, considering over 50 percent of those killed in auto accidents were not wearing seat belts, according to the Associated Press.

The reason for declined seat belt use among the obese is size – not of the person but of the belt length.

Federal standards require seat belts accommodate a 215-pound passenger. Some manufacturers offer longer belts or those with extenders but some automakers worry about liability with the conversion-style belt.

According to research from Meharry Medical College (MMC) in Nashville, Tenn., 70 percent of obese passengers used a seat belt while 83 percent of average-weight passengers used them. MMC analyzed 250,000 telephone-response surveys conducted by the Centers for Disease Control and Prevention.  The same study determined seat belt use declined as “body mass index,” a component of height and weight, increased.

Peggy Howell, the public relations director for the National Association to Advance Fat Acceptance, said seat belts are uncomfortable for obese people. “I hate them because they seem to ride up and strangle me,” she said. "But I wear them for my own safety and because it is the law." Howell said people contact her advocacy group to get information on extenders for their vehicle seat belts.

Federal regulations governing seat belt dimensions do not consider “body mass index.” The standard stipulates seat belts must fit up to a 215-pound man who has a hip circumference of 47 inches while seated. That guideline was established in the 1960s.

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Social Security Commissioner Astrue says improving process for disability determinations is his top priority

According to Social Security Commissioner Michael Astrue, he is aware of the difficulty of going through the process of Social Security disability because of taking care of the application for his father’s disability several years ago. He said it revealed to him the complicated rules associated with the programs.

Nearly 2.5 million people apply for benefits from Social Security disability each year. One-third of applicants receive approval upon the initial application, which requires an average of three months per decision. However, for those who have their applications denied and make an appeal can have a long wait in front of them. A period of time that Astrue believes is much too long.

There are currently over 750,000 cases awaiting hearings and on average, it takes 499 days to receive a decision. Since the year 2001, the number of pending hearings has doubled. Astrue said that during the last seven years the number of applications for disability benefits has been “extraordinarily high” and he expects the coming years to yield even higher numbers.

Astrue says that improving the process of determination for disabilities his top priority. He presented new initiatives to the Senate Finance Committee last year that he believes will eliminate the backlog and prevent a reoccurrence.

One example is the Quick Disability Determination, which is a computer-based process that allows cases with high approval potential to be screened. Another is Compassionate Allowances, which allows for medical conditions that invariably qualify under the SSA’s listings, usually rare diseases unfamiliar to reviewers, to quickly be identified.

Astrue admits that there is no “magic bullet” that will solve all problems, but believes the initiatives being taken will help make a dramatic reduction in backlog and wait times.

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Nightclubs can be dangerous places

 A football player for the New Orleans Saints received personal injuries in what is sure to be a much talked about incident. During an altercation at a Georgia nightclub, Charles Grant, a defensive end for the Saints, was stabbed in the neck and a pregnant woman was shot to death.

According to a statement from Captain Will Caudill of the Sheriff’s Office of Early County, Grant was assaulted and received a personal injury to his neck. He received transport to Early Memorial Hospital for treatment after the attack and was later released.

Deputies from the Sheriff’s department responded to reports they had received of a fight at approximately 1 a.m. on Sunday, February 3 at a nightclub in Blakely, Georgia.

According to the police, during the incident, 23-year old Korynda  Reed was shot. She received transport to the Southeast Alabama Medical Center in Dothan, Alabama, where she eventually succumbed to her injuries and died. According to Sheriff Murkerson  of Early County, she was pregnant.

According to Caudill  there was no known connection between the  two victims.

The case is still under investigations and no arrests have been made.

Grant’s attorneys assured that the police would have his cooperation and assistance to recount the night’s events.

If this event had happened in North Carolina, would the nightclub be liable to Grant and to her dead woman's family?

The answer is that it depends upon the facts.

 Night club owners are required to use ordinary care to protect its' patrons. If the night club had reason to know that such violence would likely occur on its' premises and that the patrons would be exposed to harm, and did nothing to protect the customers from this danger the night club would be liable for all damage and injuries and the death which occurred as a result of such violence.

If however such violent acts were not foreseeable by the management of the night club, the club would not be liable.


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Hawaii Considers Legislation to Protect Doctors against Malpractice Suits

The Hawaii state legislature is considering medical malpractice reform legislation that would protect the medical profession from liability lawsuits and prevent doctors from fleeing the island for mainland states that have such legislation in place.

The issue concerns Hawaii's insurance commissioner JP Schmidt, who supports a medical malpractice bill. "We're losing our doctors to Texas, California and other states that have medical liability reform. We're having a tough time getting new doctors here," he said as reported by KHNL-TV, the NBC affiliate in Honolulu.

The bill would limit certain kinds of damages awarded in malpractice suits. "It puts a cap on non-economic damages, pain and suffering and emotional distress – things that aren’t guided by standards," said Schmidt. Supporters say caps on damages would make malpractice insurance more affordable for doctors while leveling off premiums for the public.

However, critics of the bill say a cap would not affect insurance premiums. They also say with such a law on the books, it would be hard for plaintiffs to retain counsel in medical malpractice cases. State Representative Rida Cabanilla (D- Waipahu, Honouliuli, West Loch, Ewa), who supports the bill, doubted it will pass in the current session. "There's a lot of resistance from the legal community and there's a lot of lawyers in this building."

Cabanilla happens to be a nurse and realizes this is a hot-button issue. "This state is in a bad position,” she said. “We are losing doctors every day and we don't have anybody to replace them."

The bill passed its first reading in both the House and Senate, and is currently in committees.

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Teen Awarded $3.2M from Kaiser Permanente for Complications at Birth

A 14-year-old girl who suffered brain damage during her Cesarean section birth at Kaiser Permanente's Anaheim, Calif. hospital in 1994 received a $3.2 million settlement this month. Ariana Ehtemam wasn't breathing when she was born and since has suffered physical and behavioral problems, according to court documents obtained by the Orange County Register.

The money from Kaiser has purchased an annuity worth $20 million over her lifetime. She will receive the first payment at 18.

"We were surprised by the verdict but want to extend our sympathy to the family," Kaiser spokesman Jim Anderson told the Register.

Court settlement papers maintained the birthing operation on the mother, Ela Ehtemam, wasn't performed in a timely matter. The baby had to be resuscitated and now suffers from hearing loss, poor impulse control and attention deficits.

"She is keeping up with her schooling," Frank Barbaro, an attorney for the family, said. "She has a lot of accommodations and a school district that responds to her needs."

In California, malpractice judgments are capped at ,000 for pain and suffering but additional judgments for lost wages and rehabilitative care may be sought. Some Orange County medical malpractice judgments have exceeded $15 million, according to the Register.

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Contaminated meat could lead to lawsuits

A nationwide recall has been issued by Rochester Meat Co., which is based out of Rochester, Minnesota, for ground beef patties produced by the plant for fear of personal injury and product liability risk after reports of six people becoming ill after consuming the product.

Approximately 188,000 pounds of ground beef patties, as well as some other products, were recalled by the meat processing company due to concerns over E. coli bacteria.

The Food Safety and Inspection Service of the U.S. Department of Agriculture (USDA) said that the meat could be contaminated with a strain of bacteria known as E. coli O157:H7, which is potentially lethal and can result in bloody diarrhea and dehydration.

According to Neal Karels, chief operating officer for Rochester Meat Co., the company’s products are not sold by retailers.

The company sells its products across the U.S. to be used in restaurants and other food service institutions.

According to a report from the USDA, there were four reports of illness from Wisconsin and one report from California.

According to Karels, the production date of the affected beef was October 30 and November 6. He also said that it had been identified by the company’s tracking system.

If this contaminated beef is sold in North Carolina and injures someone in North Carolina, the victim would have a products liability claim.

All food products sold in North Carolina carry an implied warranty that the food will not make you sick. Unfortunately, it is usually difficult to prove which food products (of all those eaten) made the victim sick.

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Computer sellers are responsable for damage caused by defective computers.

Computers are not usually considered to be dangerous equipment. Two recent computer fires however demonstrate that any equipment powered by electricity can be dangerous.

Two unrelated product liability lawsuits, one involving a personal injury, have been filed against Dell and Hewlett-Packard for the alleged manufacturing of faulty computers that sparked fires.

Both incidents involved the destruction of a building, but one also resulted in a girl being injured and disfigured.

In one case, the owner of an auto lube shop in North Dakota claims the Dell monitor he purchased caught fire, which resulted in his business burning down.

According to attorneys for Big Sky Battery of Williston, North Dakota, the manner in which the monitor was assembled caused the electrical system to malfunction, causing the fire.

Big Sky claims that the business was “destroyed” by the fire, resulting in property damage totaling almost a quarter million dollars. Reimbursement and other damages are being sought by the company.

In the other case, a man from Arkansas has filed suit against Hewlett Packard, alleging that the Compaq Presario PC he bought at Wal-Mart burst into flames, which resulted in a fire that caused his house to be destroyed and his daughter to be seriously injured.

According to the claim of Keith Price, his daughter Magdelyn had to jump from an upstairs window in order to escape the blaze. According to papers filed in Conway, Arkansas’ county court in the month of December, she suffered “burns and physical injuries” and permanent disfigurement due to the fire.

Price is also claiming to have suffered “extreme mental anguish” and is accusing HP of negligence, seeking damages that have not been specified.

Price also claims to have suffered "extreme mental anguish." He's accusing HP of negligence and is seeking unspecified damages.

North Carolina law requires that when the consuming public buys a product , the customer gets an implied warranty (or guarantee) that the product if fit for the purpose for which it was purchased.

Of course a computer which catches fire is not fit for the purpose for which it was purchased. Therefore, if the two fires had occurred in North Carolina, the victims of the fires could bring a products liability claim.

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Law professor says San Francisco Zoo liable for death of teenager from tiger attack

The law regards keeping a caged tiger in the same manner it does hauling dynamite or storing uranium. The activity is so dangerous, that no matter how cautious the proprietor is, they are still responsible for any personal injuries received by bystanders.

That is the rule that will apply to personal injury lawsuits stemming from the Christmas Day incident involving a tiger at the San Francisco Zoo escaping its outdoor grotto, killing a 17-year-old San Jose, California boy, and injuring two of his friends.

According to John Diamond, a professor at UC Hastings College of the Law in San Francisco, the admission of the zoo director that the moat wall around the grotto was four feet under the national standards for safety and 7 ½ feet shorter than zoo officials claimed it was makes it “a clear-cut case of negligence.”

He also noted that an incident a year earlier in which the same tiger attacked a trainer and ripped much of the skin from her arm would aid in showing that zoo officials were aware of the danger. In that incident, it was concluded by a state investigation that the zoo was at fault because of the configuration of the tigers’ cages.

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