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$8.8M Awarded In Defective Product Suit

A New York jury has awarded a 21-year-old woman $8.8 million for injuries she suffered when the pocket of her coat was caught on a bolt of a digger being operated by her stepfather.

The bolt was protruding from the drive shaft of an auger-like post-hole digger and her arm wrapped around the digger when the pocket was caught on the bolt, resulting in the loss of her arm in 2004 when she was only 16-year-old.

The jury cited the manufacturer of the digger, Ford New Holland (now known as Case New Holland) for selling a defective product.   The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke under normal use and was removed by Peter A. Smith, the owner of the digger, in 1999.  The lawsuit alleges the shield was always inadequate and there is nothing to support the fact it was ever tested.

The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the  owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

Products are often made carelessly, designed without using the most appropriate design standards, are haphazardly tested, or have insufficient instructions, warnings or labels. This includes products around the home.

Personal injury cases involving defective products often involve serious injury and permanent disability. A qualified and experienced personal injury lawyer is needed to make sure you receive the maximum compensation for your loss.

 

 

 

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Posted by 3:13 pm

Medical Negligence Often Not Reported

I have known for sometime that most acts of medical negligence are never reported, let alone brought into litigation.  In a previous post I have also decried the fact that legislators are limiting the rights of these people who have been harmed by medical negligence – medical malpractice – without addressing the source of the harm – mistakes made by our medical profession including doctors, hospitals and drug companies.  Read the rest of this entry »

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Posted by 2:43 pm

Starbucks Faces Wrongful Death Lawsuit Over Tip Jar Scuffle

The family of a Missouri who man who fought a 19-year-old thief and died from his injuries has filed a wrongful death lawsuit against the coffee giant.

Mr. Kreutz was ordering coffee at a Starbucks when a 19-year-old snatched the tip jar from the counter.  Mr. Kreutz followed the man outside, had a fight with him and was thrown to the ground.  As the 19-year-old sped off, he hit Mr. Kreutz with his car.  Mr. Kruetz later died from his injuries.

The lawsuit blames Starbucks for inviting criminal activity by leaving the tip jars so near the customers and alleges they “did not employ security to prevent the perpetration of such crimes.”  The younger man was not named in the lawsuit.

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Posted by 4:11 pm

Lawsuit Follows Truckee Tahoe Airport Crash

A negligence lawsuit has been filed by a 15 year-old girl because of injuries she suffered in a 2009 plane crash at the Truckee, Nevada airport.

On Sept. 7, 2009, the then 14 year-old girl was flying from Truckee to San Jose with her friend in a plane piloted by her friend’s parents. The lawsuit claims the pilots of the Cessna P206B filled the plane with an excessive amount of fuel – because fuel is cheaper in Truckee than in San Jose – and therefore made the plane too heavy for takeoff.

The young girl suffered multiple injuries including her back broken in six places and a brain hemorrhage with a concussion.  She continues to suffer from her injuries.

One of the pilots, now a paraplegic from the crash, claims they were not “tankering” fuel to save money and that she had planned the flight including the weight of the fuel.  Her daughter and her husband also suffered injuries in the crash.

The lawsuit claims the pilots disregard for the high-density altitude or “thin air” was the major cause of the crash.

The amount of damages asked requested for personal injury has not been released.

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Posted by 6:07 pm

John Deere Faces Wrongful Death Lawsuit

The family and estate of a young man killed when he was thrown from a John Deere Dozer and killed during heavy equipment operator school at Associated Training Services of Texas, reports the Southeast Texas Record. 

The lawsuit has been filed against Indiana Mills & Manufacturing Inc. and Deere & Co. The original complaint states the student traveled over a ridge of dirt and then on to a slope when he was thrown from the bulldozer to the ground.  The Dozer continued moving and ran over the young man, killing him. 

Indians Mills & Manufacturing is accused of negligence and strict liability over the design and function of its seatbelt and buckle. John Deere is accused of negligence and strict liability for using an unsafe seatbelt and for failing to use due care and caution in the design and manufacture of the Dozer. 

The family is asking for wrongful death damages, survival damages, compensatory damages, interest, and court costs.

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Posted by 3:00 pm

$175K Awarded In Escaped Race Horse Injury

A Madison County, Illinois, jury has awarded $175,000 to a man injured when race horses escaped from their pasture in 2008, according to the Madison Record. 

According to the lawsuit, the owners did not take proper precautions to keep their horses contained.   The plaintiff claimed the horses came out of nowhere onto Illinois State Road 159 and he saw them strike a mini van that was in front of him.  When he swerved to avoid hitting another horse, he heard a “pop” from his right shoulder and although he refused an ambulance the night of the accident, he sought medical help the following day. 

His lost wages and medical bills have cost him over $59,000. 

The owners of the horse farm have over 40 years experience with horses and this was only the second incident in the farm’s history.  Although they speculated the horses jumped the fence, they never found out how the horses escaped.

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Posted by 3:00 pm

Family Of City Worker Killed In Mower Accident Settles Lawsuit

A confidential last minute settlement has been reach in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram& Gazette of Worcester, Mass. 

The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill.  The man had stopped the mower and shut off the engine before the mower started to roll – he was run over as he tried to halt the machine. 

His widow filed a wrongful death lawsuit against Textron, Inc which owns the Jacobsen Company, manufacturer of the mower.  The lawsuit accused Textron of selling an unsafe and defective product and of breaching its implied warranty of merchantability.  The lawsuit contends the accident was cause by a defective parking brake in which the cable corroded and broke because the vinyl coating did not cover the entire length. 

Textron denied any negligence and claimed the mower had not been properly maintained.

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Posted by 1:52 pm

Parents Sue When Stove Tips And Kills Two-Year-Old

On July 11, 2010, a two-year-old was crushed to death when the stove in his family’s kitchen tipped over on him, reports stltoday.com.  The parents have since filed a wrongful death lawsuit in St. Louis County Circuit Court seeking damages from the Oak Tree Apartments for an undisclosed amount.

The lawsuit claims the accident could have been prevented and the child’s life saved if the landlord had secured the stove with a simple bracket. 

 At least 34 people have been killed since 1980 in similar accidents.  The U.S. Consumer Product Safety Commission counted 107 incidents of injury or death from 1980 through 2006 – half of the fatalities were children under age 2.  Most of the injuries were from burns from hot liquids when the range tipped.  

Accidents such as these are frustrating for safety advocates who have tried for years to prompt people to install the inexpensive bracket.  Pressure on an open oven door – even from a small climbing child – may be enough leverage to cause the stove to pitch forward.  Children often use an open door as a step to be able to reach something on the counter – too often with deadly results.

The making of lighter weight stoves made the industry provide anti-tip brackets since 1991.  Even with the warnings of danger, consumer experts estimate as many as 45 million American homes have not installed the anti-tip device.

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Posted by 3:32 pm

Hyundai Settles In Death Of Motorcyclist

The Orange County Register reports Hyundai has made a confidential settlement with a family whose son was killed while riding his motorcycle in 2005.  The incident was caused by a Hyundai executive who was driving drunk. 

The 23-year-old musician and motorcyclist was killed when the executive lost control of his Hyundai SUV after drinking at a company –sponsored dinner, hitting the young man causing him to be thrown from his motorcycle onto the freeway where he was run over by several other vehicles.

 The family of the young man sued the executive and Hyundai claiming the company had a corporate culture of promoting drinking at company functions and that Hyundai helped the executive flee the country shortly after the accident.

 The family stated it is pleased with the settlement.  Their son was a college student and participated in a band that often played at Disneyland.

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Posted by 1:43 pm

Wrongful Death Lawsuit Filed In Maryland Medical Helicopter Crash

The husband of a medical technician killed when a Maryland State Police helicopter crashed in September 2008 has filed a $7 million wrongful death lawsuit against the federal government. 

In March, relatives of the paramedic on board filed a $15 million lawsuit.  A personal injury claim for $50 million was filed by the  lone survivor of the crash only to have the FAA deny the claim. 

The helicopter was en route from a traffic accident to a hospital when it was diverted to Andrews Air Force Base because of bad weather.  The pilot had trouble with the foggy weather as he was trying to land and radioed for help twice before crashing 3 miles from the base.  His calls for help were never answered by the air traffic controllers.

The lawsuit claims “negligence” on the part of the Federal Aviation Administration air traffic controllers. 

Four of the five on board were killed including one of the traffic accident victims. 

 Helicopter Wrongful Death

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Posted by 10:10 am

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