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Legislative Folly in North Carolina

A few comments on portions of the so-called “tort reform” bills now in the North Carolina legislature being pushed by lawmakers who are supported by the insurance industry.

The product liability portion of the current legislation is setting up a constitutional challenge in the aviation area. The Federal Aviation Act of 1958 and cases say that the federal regulations as to aircraft are “minimum standards” and do not establish a level or guarantee of safety. Every aircraft design is approved, to various degrees, by the federal authorities. But there are federal cases saying that these approvals, and the Federal Aviation Regulations (FAR’s) themselves, are not determinative of the legal safety of a design (that’s my summary of 40 years of case law—there are exceptions). I have not fully thought this all through, but it seems to me that this provides ample constitutional and preemptive challenges to be in the courts for years. Read the rest of this entry »

Equipment Company Sued After Sacramento Kings Player Injured

In a lawsuit filed in U.S. District Court in Sacramento, California, the Sacramento Kings are suing the makers of an exercise ball after one of their guards was injured and missed most of last season’s games. 

According to the lawsuit, Francisco Garcia “suffered severe personal injuries” when an exercise ball called the Gymnic Plus Ball burst.  The ball’s Italian manufacturer and the two U.S. distributors are named in the lawsuit which asks for at least the $4 million in wages the team paid Garcia under the terms of his contract.

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.

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.

Claim Of Defective Seats Brings Wrongful Death Lawsuit Against Honda

A lawsuit has been filed in Texas against Honda Motor Co., Ltd. by the parents of a young woman who died in her 2005 Honda Civic in April of this year, reports the Southeast Texas Record. 

The young woman died when she lost control of her car and skidded off the rain slick road. She hit several trees and even though she was wearing a seatbelt, she was killed when her seat collapsed and she was thrown into the back seat. 

The lawsuit claims the Honda Civic violated the principles of crashworthiness by failing to provide adequate restraint and failed to prevent ejection.  It also claims the car was unreasonably dangerous and defective because the collapsing seat exposed the driver to the risk, hazard and danger of ejection.  Honda is accused of not conducting adequate testing and proper engineering analysis.

$132M Awarded In Ford Rollover Crash

A Jasper County (Mississippi) jury has awarded the family of a young man killed in a rollover crash in 2001 $132 million – the largest award ever against Ford in a lawsuit involving a Ford Explorer or a Ford Expedition reports the Clarion-Ledger.

The 22-year-old, a Meridian High School standout and a top New York Mets baseball prospect, was killed in March 2001 when he was thrown from a 2001 Ford Explorer.  He was driving to spring training in Port St. Lucie, Fl., when he veered to avoid a vehicle and the Ford SUV rolled over.  The lawsuit blamed the death on a defective seatbelt and the tendency for that model Ford to rollover.  Ford settled for an undisclosed amount in the punitive-damage phase of the lawsuit. 

A passenger in the Ford Explorer received $1.5 million for the injuries he sustained in the crash. 

Ford’s corporate spokesman stated excessive speed and the fact the victim was not wearing a seat belt caused the young man’s death. 

Last year, the U.S. Supreme Court upheld an $82.6 million verdict awarded to a woman in California who was paralyzed in an Explorer rollover.

At Crouse Law Offices we have vast experience in product liablity and wrongful death.  If you have been injured or have had a loved one  killed due to a defective product, call us at 1-919-861-0500 or contact us online.

$1.8M Award Against Hyundai Following Teen’s Death

A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff – the father of a 19-year-old girl killed in 2007. 

The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over.  Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined.  She was pronounced dead on arrival at the hospital.  Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position. 

 In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined.

 The issue of the reclining seat got national attention in 1988 when the NTSB asked the National Highway Traffic Safety Administration to research the problem. 

If you have been injured or a loved one killed in an auto accident, it’s important to make sure you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability.  Contact the experienced car accident attorneys at Crouse Law Offices for a free evaluation of your case at 1-919-861-0503 or fill out our confidential online form.

$3.8M Paid To Man Injured In Boating Accident

The Dallas Morning News reports a federal jury has ordered a boat manufacturer to pay $3.8 million to a man who was injured in a boating accident on Lake Austin.

An 18-year-old lost part of his leg while he was wakeboarding on July 4, 2007. The lawsuit alleged the boat, made by the Brunswick Corp., did not have proper safety devices in place to prevent such an accident. The suit claimed the young man’s leg became tangled in the propeller because the boat did not have guards and covers to protect him from becoming stuck in the propeller.

The company is considering an appeal.

North Carolina’s beautiful lakes and coastline present plenty of opportunity to enjoy every type boating and unfortunately, every type of boating accidents which result in personal injury. Crouse Law Firm has the technical and legal experience, both nationally and internationally, to sucessfully handle your personal injury concerns. If you or someone you care about has been injured or killed due to a faulty product, contact us today online or call us at 1-919- 861-0500.

Boating Personal Injury

$33M Awarded In Deadly Accident Due To Faulty Tires

Tire Review reports an Iowa jury has ruled against Cooper Tire & Rubber Co. in a deadly rollover crash in 2007 and awarded seven passengers $33 million.

In the lawsuit, the plaintiffs alleged a manufacturing flaw in the tires caused the tread separation and the driver to lose control of the vehicle. The 1997 Plymouth Grand Voyager minivan carrying the passengers rolled over, killing one passenger, paralyzing another, and injuring the other five.

Cooper denies the tires were at fault and is expected to appeal the verdict.

Crouse Law Firm has the technical and legal experience, both nationally and internationally, to sucessfully handle product liabiltiy cases. If you or someone you care about has been injured or killed due to a faulty product, contact us today online or call us at 1-919- 861-0500.

Car Crash Due To Faulty Tires

Dad Sues Wheelchair Company In Son’s Death

The Boston Herald reports the father of a quadriplegic has filed a $10 million lawsuit against Tennessee based National Seating & Mobility in his son’s death. The father stated the lawsuit is about fair treatment for the disabled.

In December 2007, two technicians from the Tennessee company were in the young man’s home conducting routine repairs on his wheelchair. The technicians neither removed the man from his chair nor did they disconnect the battery while doing the repairs. As the repairmen were working on the electrical wiring, the wheelchair “jumped” pinning the man under the table, injuring his legs and causing him to have uncontrollable seizures.

The 29-year-old man was taken to the hospital by the rescue squad where he died the next day from his injuries. He had been a quadriplegic since a car crash at the age of 17.

The father said any settlement would go to the JPT Foundation, a non-profit foundation he set up in his son’s honor to help people with disabilities.

Crouse Law Firm has vast experience defective and faulty products at home or in the work place, and general negligence – where someone is injured because someone else was not careful. If you or a loved one has been injured or killed due to the negligence of another, please call us at 919-861-0500 or contact us by using our online form.

Wheelchair Negligence