Personal Injury News

Amusement Park Ride Operator Has Permit Renewed Even in Light of Dangerous Practices Which Led to Injury of Several Children

The amusement ride operator whose faulty Ferris wheel injured three Tennessee girls last week has lost its contract with that county — but it has still been approved for another county fair this summer. The state has renewed its permit for the Georgia-based Family Attractions Amusements Co., even after the Tennessee accident that put a girl in critical condition, according to  new sources. The permit was set to expire on Saturday. The renewal gives the company the go-ahead to operate rides at the Fentress County Fair, which starts on Monday. But the Greene County Fair agreed with the company to end its contract after the accident on Monday. Family Attractions Amusements garnered controversy in 2013 after the owner’s son and another employee tampered with an attraction, leading five people to suffer injuries at the North Carolina State Fair. The state fined the company $56,000 for alleged willful violations of safety, and the company confidentially settled a lawsuit from a family who was seriously hurt, WAVY news reported. Before the Tennessee accident, Greene County Fair Board President Bobby Holt said the fair could not afford to get out of its contract with Family Attractions early, even after the North Carolina incident, news sources reported. The county and company only severed the deal upon a mutual agreement following the Monday accident. Three girls on one of the operator’s Ferris wheels plunged more than 30 feet because of the ride's damaged rivets, officials said. A state inspector wrote that the ride was “NOT safe to operate at time of inspection,” and the ride was sent back to the manufacturer for repair. The accident left Briley Rae Reynolds, 6, with a traumatic brain injury, and her family said she is still recovering in a hospital. Her 10-year-old sister Kayla broke her arm. A third girl, who is 16 and has not been named, was treated and released for injuries.

The amusement ride operator whose faulty Ferris wheel injured three Tennessee girls last week has lost its contract with that county — but it has still been approved for another county fair this summer. The state has renewed its permit for the Georgia-based Family Attractions Amusements Co., ... Read More

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Amusement Park Company Gets New Contract After Ferris Wheel Accident Injures 3

The amusement ride operator whose faulty Ferris wheel injured three Tennessee girls last week has lost its contract with that county — but it has still been approved for another county fair this summer. The state has renewed its permit for the Georgia-based Family Attractions Amusements Co., even after the Tennessee accident that put a girl in critical condition, according to public records. The permit was set to expire on Saturday. The renewal gives the company the go-ahead to operate rides at the Fentress County Fair, which starts on Monday. Family Attractions garnered controversy in 2013 after the owner’s son and another employee tampered with an attraction, leading five people to suffer injuries at the North Carolina State Fair. The state fined the company $56,000 for alleged willful violations of safety, and the company confidentially settled a lawsuit from a family who was seriously hurt, WAVY reported. Before the Tennessee accident, Greene County Fair Board President Bobby Holt said the fair could not afford to get out of its contract with Family Attractions early, even after the North Carolina incident, TV station WJHL reported. The county and company only severed the deal upon a mutual agreement following the Monday accident. Three girls on one of the operator’s Ferris wheels plunged more than 30 feet because of the ride's damaged rivets, officials said. A state inspector wrote that the ride was “NOT safe to operate at time of inspection,” and the ride was sent back to the manufacturer for repair. The accident left Briley Rae Reynolds, 6, with a traumatic brain injury, and her family said she is still recovering in a hospital. Her 10-year-old sister Kayla broke her arm. A third girl, who is 16 and has not been named, was treated and released for injuries. Their fall came during a week with at least four major injuries reported at amusement parks nationwide, including the deadly decapitation of a 10-year-old boy going down the world's tallest water-slide in Kansas.

The amusement ride operator whose faulty Ferris wheel injured three Tennessee girls last week has lost its contract with that county — but it has still been approved for another county fair this summer. The state has renewed its permit for the Georgia-based Family Attractions Amusements Co., even ... Read More

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Boy Jumps to his Death Taking First Skydive With Uncertified Instructor

Tyler Turner was really looking forward to his 18th birthday adventure; his first jump out of a plane. However, what he did not know was that the skydiving instructor who was training him and doing the jump in tandem with Tyler was not certified by the United States Parachute Association-- which is a violation of FAA regulations. The instructor was also killed. At Turner's home, his life is displayed in pictures, showing some of his accomplishments from age 8 to 18. He was a musician, a scholar and his mother, Francine's best friend. "He was just special, there was something extraordinary about him," Francine Turner said. Her son's dreams ended in a freefall from a plane on Saturday in tandem with a skydiving instructor near Lodi. It was his first jump - a moment he wanted to share with his friends but something went wrong. "I'm his mom," Francine said, "I wanna know what happened-- I wanna know what happened." Most of her questions remain unanswered. However, Francine believes there was a problem with her son's parachute and she just found out the man who led the jump, Yong Kwon, wasn't certified-- not with the USPA or the manufacturer of the equipment. Association representative, Ed Scott said the FAA requires instructors to have certification with one or the other. He also said the Lodi Parachute Center isn't a USPA member. Membership, Scott said comes with a set of safety standards. "We can't speak to what standards the parachute center operate to," he added. Francine said, "It crushed my heart because I thought, how could this place do this to us? How could they do that? Why would they do that?" We called the company but the person who answered the phone said, "no comment," and hung up. On Saturday though, the owner Bill Dause said, "We didn't stop because we don't like the guy, we didn't stop because we weren't interested in the guy, we didn't stop because life goes on." Francine responded, "That's the most insensitive thing you can do in humanity is to not care about a person's life." She says her son's life mattered to a town full of people in Los Banos. She plans to file a lawsuit in hopes of shutting the parachute center down and to spread awareness so Tyler's death won't be in vain.

Tyler Turner was really looking forward to his 18th birthday adventure; his first jump out of a plane. However, what he did not know was that the skydiving instructor who was training him and doing the jump in tandem with Tyler was not certified by the United States Parachute Association-- which is... Read More

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Anton Yelchin dies after being pinned between 2015 Jeep Cherokee and brick wall

27-year old actor Anton Yelchin, best known for his latest role in Star Trek, recently died after the 2015 Jeep Grand Cherokee he was driving mysteriously reversed and pinned him to a brick wall surrounding his house. In April, Fiat Chrysler announced 1.1 million 2015 Jeep Cherokees like the one Yelchin was killed by would be recalled for complications with the vehicle’s electronic gear selector. On the night of the accident, authorities believe Yelchin exited his vehicle at which point the car reversed and crushed him against the brick wall of his house. The young man was reportedly on his way to a rehearsal and when he did not show up his friends came looking for him.

27-year old actor Anton Yelchin, best known for his latest role in Star Trek, recently died after the 2015 Jeep Grand Cherokee he was driving mysteriously reversed and pinned him to a brick wall surrounding his house. In April, Fiat Chrysler announced 1.1 million 2015 Jeep Cherokees like the one Yel... Read More

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Illinois man says teen’s games of “ding-dong-ditch” caused emotional distress, weight loss, financial problems: lawsuit

This ding dong ditch was damn near deadly, a new lawsuit says. An Illinois insurance agent has filed a $50,000 lawsuit against the family of a teen neighbor who allegedly rang his doorbell and ran away so many times the man suffered financial and health problems. The suit from Shorewood resident John Wright accuses the 14-year-old ringer of obsessively targeting his doorbell for several weeks, according to Paste. The teen chose Wright, the suit says, because he works with the boy’s father. The teen “repeatedly rang the doorbell at the Wright residence, then when (Wright) went to answer the door, no one would be at the door,” court papers say. “(T)his is commonly known as ‘ding dong ditch.’” The teen darkened the doorway so many times that Wright “suffered severe emotional distress, severe anxiety, sleeplessness, extreme and rapid weight loss, and required treatment medication in order to function in his daily living,” the suit says. Wright also somehow lost $30,000 in income from the rampant ring, the suit says, though it does not specify how. Wright eventually called the police over the doorbell games, and the teen confessed to cops that he rang Wright’s doorbell and ran off at least once. The suit, filed in Wills County Circuit Court last week, names the teen as a defendant, as well as his parents, Rick and Sara Papp

This ding dong ditch was damn near deadly, a new lawsuit says. An Illinois insurance agent has filed a $50,000 lawsuit against the family of a teen neighbor who allegedly rang his doorbell and ran away so many times the man suffered financial and health problems. The suit from Shorewood reside... Read More

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Civil Case Arising out of Sandy Hook Elementary School Shooting May Be Coming to Settlement

It's been roughly two years since the terrible massacre and shooting of numerous children who were students attending Sandy Hook Elementary in Newton, CT.  Two families of first-graders killed in the attack brought wrongful-death claims against the town and the school district arguing that security measures were not adequate at  Sandy Hook Elementary School, allowing Adam Lanza to enter the school and carry out the attack. The two families have now offered to settle the case for $5.5 million each. The offer, filed Monday, gives the town and the school district 30 days to accept or reject the settlement. Lawyers on both sides of the case refused to speak about the offer on Tuesday. The two sides are scheduled to be in court for a pretrial conference on June 28. The parents of slain first-graders Jessie Lewis and Noah Pozner filed their wrongful-death suit against the town and school district following the slayings of 26 first-graders and educators in 2012. Among the allegations in the lawsuit: That 20-year-old gunman Adam Lanza was able to get past the locked front doors by shooting his way through a large plate-glass window. That the school had practiced a lockdown and evacuation plan, but did not implement it during the shooting That the school failed to train a substitute teacher about the lockdown procedure and did not give her a key to lock her room once she heard shots being fired. That teacher and all but one of her students were killed. The parents of the slain students — Leonard Pozner and Scarlett Lewis — are involved in the higher-profile lawsuit against Remington, the maker of the AR-15-type rifle used by Lanza. That lawsuit has drawn national attention because it became a debate point in the Democratic presidential primary and because of its potential as a precedent-setting case. A third lawsuit brought by 16 victims of the 2012 Sandy Hook shooting against the estate of Lanza’s mother was settled in August. Those families received about $94,000 each. Lanza shot his mother to death before driving to the Sandy Hook school, killing 20 students and six educators, and turning a handgun on himself. The Lanza home was turned over to the town, which later had it demolished.

It's been roughly two years since the terrible massacre and shooting of numerous children who were students attending Sandy Hook Elementary in Newton, CT.  Two families of first-graders killed in the attack brought wrongful-death claims against the town and the school district arguing that sec... Read More

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Former Ohio State Football Players Sue Big Ten Over Head Trauma

As reported in the Columbia Dispatch, Former Ohio State football player Ray Griffin is one of four former college players who had lawsuits filed on their behalf Wednesday alleging they suffer from the effects of concussions suffered during their college careers. Griffin’s suit named the NCAA and the Big Ten as defendants.A representative for law firm Edelson PC of Chicago did not identify the other three players but said they were from Michigan, Tennessee and Duke. The actions follow similar lawsuits filed in May on behalf of players from six other universities. Wednesday’s lawsuits were in separate federal courts, Griffin’s in U.S. District Court in Illinois.Ohio State was not named in the lawsuit, and athletic director Gene Smith had no immediate comment.Griffin, younger brother of two-time Heisman Trophy winner Archie Griffin, played at Ohio State from 1974 to ’77 before going on to a seven-year NFL career with the Cincinnati Bengals.The suit seeks to be a class action, representing “all individuals who participated in Ohio State’s varsity football program between 1952 and 2010.” The date range coincides, the suit alleges, with when NCAA and Big Ten should have been fully aware of the growing dangers of multiple concussions (1952) and when protocols finally were started (2010) to actively monitor, treat and try to prevent them. The suit alleges that “between 1974 and 1977, (Griffin) was subjected to repeated head impacts and (traumatic brain injury) in practices and games, and suffered numerous concussions each year as a result. Over time, Griffin began to experience the consequences of these concussions. He began to struggle with severe depression, anxiety, short term memory loss, impulse problems, anger issues, and other debilitating problems.” Griffin was told he “displayed every marker” for chronic traumatic encephalopathy during a Boston University study on the effects of concussions on players, the lawsuit states. The NCAA and Big Ten constituted “negligence, fraudulent concealment (of the effects of brain injuries), breach of contract (to protect players), and unjust enrichment (the burgeoning revenues generated from an increasingly popular sport),” the lawsuit states. It seeks “economic, monetary, actual, consequential, compensatory, and punitive damages caused by defendants’ conduct, including without limitation damages for past, present, and future medical expenses, other out of pocket expenses, lost time and interest, lost future earnings, and other damages.

As reported in the Columbia Dispatch, Former Ohio State football player Ray Griffin is one of four former college players who had lawsuits filed on their behalf Wednesday alleging they suffer from the effects of concussions suffered during their college careers. Griffin’s suit named the NCAA a... Read More

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The Effect of a Pre-Existing Condition on Your Car Accident Claim

Insurance companies are businesses that make money by taking in more from premiums than they pay out in claims. There have been many occasions when insurance companies have seized upon the existence of a pre-existing condition to reduce liability for a personal injury claim arising from a car

Insurance companies are businesses that make money by taking in more from premiums than they pay out in claims. There have been many occasions when insurance companies have seized upon the existence of a pre-existing condition to reduce liability for a personal injury claim arising from a car ... Read More

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Johnson & Johnson Has Been Lying to You for 40 Years about Cancer and Talcum Powder

When you use talcum powder, you think of the clean, classic scent and the silky smooth feeling it gives to your skin. You don’t think about it causing cancer, which is exactly what Johnson & Johnson wants you to

When you use talcum powder, you think of the clean, classic scent and the silky smooth feeling it gives to your skin. You don’t think about it causing cancer, which is exactly what Johnson & Johnson wants you to ... Read More

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J&J Appeals $127 Million in Awards in Talc Cancer Cases

Johnson & Johnson is appealing two recent jury verdicts awarding a total of $127 million to women who blame their ovarian cancer on talc in the company's iconic baby powder. The monetary awards have raised the specter that women's use of talcum powder may be to blame for some cases of Read More

Johnson & Johnson is appealing two recent jury verdicts awarding a total of $127 million to women who blame their ovarian cancer on talc in the company's iconic baby powder. The monetary awards have raised the specter that women's use of talcum powder may be to blame for some cases of Read Mo... Read More

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Medical errors may be third leading cause of death in the U.S.

In a new study from Drs. Makary and Daniel at Johns Hopkins, suggest medical errors may kill more people than lower respiratory disease like emphysema and bronchitis do. That would make these medical mistakes the third leading cause of death in the U.S. That would place it right behind heart disease and cancer. And the problem goes far beyond our borders. Through their analysis of four other studies examining death rate information, the doctors estimate there are at least 251,454 deaths due to medical errors annually in the United States. The authors believe the number is actually much higher than that as home and nursing home deaths are not counted in that total. The annual list of the most common causes of death in the United States, compiled by the Centers for Disease Control and Prevention (CDC), informs public awareness and national research priorities each year. The list is created using death certificates filled out by physicians, funeral directors, medical examiners, and coroners. However, a major limitation of the death certificate is that it relies on assigning an International Classification of Disease (ICD) code to the cause of death. Medical error is not included on death certificates or in rankings of cause of death. As a result, causes of death not associated with an ICD code, such as human and system factors, are not captured. The science of safety has matured to describe how communication breakdowns, diagnostic errors, poor judgment, and inadequate skill can directly result in patient harm and death.

In a new study from Drs. Makary and Daniel at Johns Hopkins, suggest medical errors may kill more people than lower respiratory disease like emphysema and bronchitis do. That would make these medical mistakes the third leading cause of death in the U.S. That would place it right behind heart dise... Read More

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A Study Finds that Medical Errors Are Leading Killer After Heart Disease and Cancer

After heart disease and cancer, medical errors kill more Americans than anything else, claiming a quarter of a million lives a year, according to a study by researchers at Johns Hopkins University.If bungles and safety lapses in the hospital were accounted for as deaths from disease and injury are, they would be the third most common cause of death in the U.S. , leading to more fatalities than respiratory disease, the report in the British Medical Journal argues. More from Bloomberg.com: The Super Rich Were the First to Bail During the Financial Crisis Medical error is a broad label. It could include delivering the wrong drug, misreading a patient's chart, or operating on the wrong organ. A famous report by the Institute of Medicine in 1999 alerted America to the toll, estimating that medical errors killed between 44,000 and 98,000 people a year. Even at the low end of that range, they would have been the eighth leading cause of death at the time, more deadly in the late 1990s than car crashes, breast cancer, or AIDS. Since that landmark report was published, U.S. hospitals, doctors, insurers, and regulators have taken halting steps to improve the safety of medicine. It's an ongoing, decades-long effort to makehealth care more like aviation, a high-risk environment where safety is paramount, systems are designed to prevent mistakes, and fatalities are rare. More from Bloomberg.com: Hedge Funds Under Attack as Steve Cohen Says Talent Is Thin

That doesn't mean deaths from medical errors have increased since the 1990s. Because different methodologies were used to come up with the numbers, it's hard to say what the trend looks like. More from Bloomberg.com: China's Improbable Commodities Frenzy Leaves Stocks in the Dust But the problem may well be undercounting, as the researchers warn, not overcounting. Public health authorities routinely tally deaths from diseases such as lung cancer and injuries such as auto crashes and drownings. They use that data to craft interventions—policies to discourage smoking or safety standards for cars and pools. There is no equivalent data for deaths from medical errors. Researchers can try to estimate the incidence, but they don't have precise tallies that show trends over time. As a means of recording reliable data, the authors of the BMJ study call for a space on death certificates where doctors can indicate that a medical error contributed to the death. It may seem far-fetched to ask doctors to report their own mistakes, but at least one attempt to collect that information had high response rates and found that 5 percent of deaths may have been preventable. At Brigham and Women's Hospital in Boston, staff are even blogging about case studies of medical mistakes and the hospital's attempts to prevent them from happening again. Perhaps because doctors and hospitals would worry that admitting errors might invite lawsuits, the Johns Hopkins authors alternatively suggest a system in which hospitals can investigate whether errors contributed to a death, assured that "data acquired for quality improvement is not discoverable" in court. The need for better data is clear. "Measuring the consequences of medical care on patient outcomes is an important prerequisite to creating a culture of learning from our mistakes," the authors write.

After heart disease and cancer, medical errors kill more Americans than anything else, claiming a quarter of a million lives a year, according to a study by researchers at Johns Hopkins University.If bungles and safety lapses in the hospital were accounted for as deaths from disease and injury are... Read More

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NCAA to Face Lawsuit Over Death of Frostburg State Football Player

A judge in Maryland has stated that the NCAA will face a lawsuit over the death of a football player from Frostburg State University. The player died of head injuries he suffered in 2011 during football practice. The parents of the player filed the wrongful death lawsuit and contend that NCAA downplayed the risks of repeated head injuries and did not stress the risks of suffering a head injury before a previous one had healed. The NCAA alleges that the player knew the risks prior to the incident. Montgomery County Circuit Judge David Boynton denied the motion for a summary judgment and set a trial date for June 20. Staff Report, The Baltimore Sun 04/08/2016

Read Article: The Baltimore Sun

A judge in Maryland has stated that the NCAA will face a lawsuit over the death of a football player from Frostburg State University. The player died of head injuries he suffered in 2011 during football practice. The parents of the player filed the wrongful death lawsuit and contend that NCAA ... Read More

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Fisher-Price Infant Cradles Recalled for Fall Hazard

Fisher-Price has issued a recall on their infant "Cradle 'n Swings" due to a risk of falling. The recall states that "when the seat peg is not fully engaged the seat can fall unexpectedly, posing a risk of injury to the child." Fisher-Price has received two reports of a seat peg coming out from the seat, causing the seat to fall. However, no injuries have been reported to the company. The recall applies to about 34,000 of the infant cradles which were sold from November 2015 through March 2016 at buybuyBaby, Target and other stores nationwide and online at Amazon and other websites. Staff Report, PR Newswire 04/14/2016

Read Article: PR Newswire

Fisher-Price has issued a recall on their infant "Cradle 'n Swings" due to a risk of falling. The recall states that "when the seat peg is not fully engaged the seat can fall unexpectedly, posing a risk of injury to the child." Fisher-Price has received two reports of a seat peg coming out fro... Read More

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UC Berkeley Students File Complaints with State Over Sexual Harassment

Two students from the University of California at Berkeley have filed a complaint with the state alleging that the school failed to discipline a professor for sexually harassing them. The two female graduate students allege that the school did nothing last year when the women reported they had been sexually harassed by the professor. Even after an investigation found the professor violated the school’s anti-sexual harassment policies, the women allege that UC officials did nothing. Official complaints have been filed with the state’s Department of Fair Employment and Housing against the University of California, Berkeley, and the professor. Meg Wagner, New York Daily News 04/12/2016

Read Article: New York Daily News

Two students from the University of California at Berkeley have filed a complaint with the state alleging that the school failed to discipline a professor for sexually harassing them. The two female graduate students allege that the school did nothing last year when the women reported they had... Read More

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A staggering number of retired NFL players have shown signs of traumatic brain injury

If you've ever watched a football player get leveled on the field, you probably weren't surprised when the National Football League admitted a link between concussions and traumatic brain injury in March. But new research shows how bad the problem really is.

In a paper released Monday, researchers at the Florida Center for Headache and Sports Neurology and Florida State University College of Medicine found that more than 40% of retired NFL players showed signs of traumatic brain injury.

By administering memory tests and brain scans on 40 retired players aged 27 to 56, the researchers found, on average, players got 8.1 concussions in their careers.

Twelve other former players said hits they took were just below the threshold of an official concussion, which seems like splitting hairs when we're talking about getting your head smashed.

"This is one of the largest studies to date in living retired NFL players and one of the first to demonstrate significant objective evidence for traumatic brain injury in these former players," Dr. Francis Conidi, the study's author, said in a statement. "The rate of traumatic brain injury was significantly higher in the players than that found in the general population."

Read the source article at Business Insider

If you've ever watched a football player get leveled on the field, you probably weren't surprised when the National Football League admitted a link between concussions and traumatic brain injury in March. But new research shows how bad the problem really is. In a paper released Monday, research... Read More

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IKEA Floor and Table Lamps Recalled for Shock Hazard

IKEA has issued a recall on their Gothem floor and table lamps due to a shock hazard. "Cables damaged during manufacturing can come in contact with the metal body of the lamp, posing a shock hazard to consumers," the recall states. Included in the recall are about 30,600 of the lamps which were sold exclusively at IKEA stores nationwide and online from October 2015 through February 2016. IKEA has received three reports of individuals being shocked by the lamps. Staff Report, PR Newswire 03/18/2016

IKEA has issued a recall on their Gothem floor and table lamps due to a shock hazard. "Cables damaged during manufacturing can come in contact with the metal body of the lamp, posing a shock hazard to consumers," the recall states. Included in the recall are about 30,600 of the lamps which were sold... Read More

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Trash Bin Injury Lawsuit to Move Forward in Court

A lawsuit over a boy's injury when a trash bin fell on top of him will move forward in court. The lawsuit was filed by the boy's mother against Modern Waste Systems of Napoleon, Michigan. The incident took place while the 8-year-old boy "was doing pull-ups with a bar on the front of the bin." The bin tipped over and fell onto the boy, resulting in a cut to the boy's leg. The lawsuit accuses the waste company of negligence. The complaint states that the company improperly placed the bin on soft ground and that the slanted-front design was banned in 1978 for a tipping hazard. Dennis Pelham, The Daily Telegram – Adrian, MI 03/21/2016

A lawsuit over a boy's injury when a trash bin fell on top of him will move forward in court. The lawsuit was filed by the boy's mother against Modern Waste Systems of Napoleon, Michigan. The incident took place while the 8-year-old boy "was doing pull-ups with a bar on the front of the bin." The bi... Read More

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Lawsuit May Be Filed Over Officer-Involved Collision

A lawsuit may be filed in an officer-involved car crash that took place in Ypsilanti, Michigan in September 2015. According to an attorney, the man injured in the collision continues to suffer from his injuries. The crash took place when a police officer was driving 20 miles per hour over the posted speed limit without her sirens on and hit the plaintiff. The officer was responding to a silent alarm that had been triggered at a local bank. The officer was determined to be at fault for the crash and disciplinary action was taken against her. She is still employed by the police department. Darcie Moran, MLive 03/16/2016

A lawsuit may be filed in an officer-involved car crash that took place in Ypsilanti, Michigan in September 2015. According to an attorney, the man injured in the collision continues to suffer from his injuries. The crash took place when a police officer was driving 20 miles per hour over the posted... Read More

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Pittsburgh Woman Hit by Foul Ball Files Suit Against MLB

A woman from Pittsburgh has filed a lawsuit against Major League Baseball over an incident in which she was injured by a foul ball at a Pirates baseball game. The woman was struck in the head by a foul ball at the Pirates baseball game last spring. According to the lawsuit, the defendants failed to provide protection for spectators when they allowed them to site behind a "flexible, lightweight screen" behind home plate. The plaintiff suffered a traumatic brain injury, concussion, and continues to have migraines, vertigo, sleep disorder and neck pain, along with several other injuries. The lawsuit names as defendants Major League Baseball, the team and the Sports & Exhibition Authority. Staff Report, Pittsburgh Post-Gazette 03/15/2016

Read Article: Pittsburgh Post-Gazette

A woman from Pittsburgh has filed a lawsuit against Major League Baseball over an incident in which she was injured by a foul ball at a Pirates baseball game. The woman was struck in the head by a foul ball at the Pirates baseball game last spring. According to the lawsuit, the defendants fail... Read More

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Uber Faces Crash Lawsuit by Woman with Brain Injury

A lawsuit has been filed against Uber over a crash caused by one of its drivers in Florida which led to a passenger's brain injury. The lawsuit was filed by the woman, who sustained a brain injury, and her husband, whose leg was broken. The couple, both medical professionals, were in Miami for a medical conference when they hailed an Uber ride. Shortly after the ride began, the Uber driver pulled into oncoming traffic and was hit by another car, causing the wife to suffer a severe brain injury and the husband to break his leg. The lawsuit states the woman has undergone several brain surgeries since the incident. David Ovalle, Miami Herald 03/15/2016

A lawsuit has been filed against Uber over a crash caused by one of its drivers in Florida which led to a passenger's brain injury. The lawsuit was filed by the woman, who sustained a brain injury, and her husband, whose leg was broken. The couple, both medical professionals, were in Miami for a med... Read More

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Drug Makers Routinely Submit Incomplete Reports of Side Effects

When researchers analyzed the serious adverse event reports made to the U.S. Food and Drug Administration (FDA) in 2014, they found that reports filed by drug makers were incomplete more than half of the time, while more than 86% of those filed directly by health professional and consumers were complete. The FDA’s Adverse Event Reporting System Read More

When researchers analyzed the serious adverse event reports made to the U.S. Food and Drug Administration (FDA) in 2014, they found that reports filed by drug makers were incomplete more than half of the time, while more than 86% of those filed directly by health professional and consumers were comp... Read More

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Lumber Liquidators Flooring Cancer Risk Higher Than Was Reported

It has been reported that the cancer risk from Lumber Liquidators flooring is higher than was previously believed. It was revealed last year in an episode of "60 Minutes" that flooring made by Lumber Liquidators contained toxic levels of formaldehyde, which can lead to cancer. However, a report was released by the Center for Disease Control which stated that the flooring had a low chance of increasing cancer risk. The CDC recently released a revised report that its calculations were incorrect and that the cancer risk caused by the flooring is much higher than previously reported and is actually "now closer to 6-30 cases per 100,000 people." Staff Report, personalinjury.com 02/24/2016

It has been reported that the cancer risk from Lumber Liquidators flooring is higher than was previously believed. It was revealed last year in an episode of "60 Minutes" that flooring made by Lumber Liquidators contained toxic levels of formaldehyde, which can lead to cancer. However, a report was ... Read More

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Maytag Cheese Recalled for Potential Listeria Contamination

Maytag has issued a recall on several lots of "Maytag Blue" blue cheese wedges and wheels and 15 batches of blue cheese crumbles due to potential Listeria monocytogenes contamination. According to reports, listeria monocytogenes is an organism which can be fatal to the young and the elderly. The organism is also known to cause miscarriages and stillbirths among pregnant women. The recalled cheese product was distributed through retail stores, restaurants, and direct mail orders nationwide between December 11, 2015, and February 11, 2016. No illnesses have yet been reported in connection with the recall. Staff Report, PR Newswire 02/19/2016

Maytag has issued a recall on several lots of "Maytag Blue" blue cheese wedges and wheels and 15 batches of blue cheese crumbles due to potential Listeria monocytogenes contamination. According to reports, listeria monocytogenes is an organism which can be fatal to the young and the elderly. The org... Read More

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UT Seeks Dismissal of Peyton Manning’s Name From Lawsuit

The University of Tennessee has asked that Peyton Manning's name be removed from a recently filed lawsuit. The lawsuit, filed over a locker room episode that took place 20 years ago, alleges that the school permitted a culture which coddled its student athletes. The lawsuit cites an incident in which Peyton Manning pulled down his pants in a school training facility. The lawsuit alleges that the incident violated the rights of the students who were present for the incident. According to the school, the addition of Peyton Manning was intended to inspire negative press coverage about the school. John North, 9NEWS - Colorado 02/23/2016

The University of Tennessee has asked that Peyton Manning's name be removed from a recently filed lawsuit. The lawsuit, filed over a locker room episode that took place 20 years ago, alleges that the school permitted a culture which coddled its student athletes. The lawsuit cites an incident i... Read More

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Defective Bath Mat Leads To Lawsuit After S.D. Woman’s Fall

A South Dakota woman has filed a lawsuit against the makers of a now-recalled bath mat after a fall in the shower. The lawsuit alleges that the makers of the "AquaRug" bath mat marketed the product as slip-proof, when in fact it was prone to slippage. According to the complaint, by the time the plaintiff ordered the bath mat from a home shopping network, the maker of the product was already facing a federal lawsuit. The plaintiff suffered a broken right leg, a surgical revision of her hip replacement, four weeks of assisted living care and physical therapy as a result of the fall, the lawsuit alleges. The incident took place one month after the plaintiff underwent a hip replacement surgery. The lawsuit was filed last month in U.S. District Court in South Dakota and seeks monetary damages for liability, negligence and breach of warranty. John Hult, Sioux Falls Argus Leader 02/16/2016

A South Dakota woman has filed a lawsuit against the makers of a now-recalled bath mat after a fall in the shower. The lawsuit alleges that the makers of the "AquaRug" bath mat marketed the product as slip-proof, when in fact it was prone to slippage. According to the complaint, by the time the plai... Read More

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University of Delaware Faces Lawsuit Over Bike, Pedestrian Collision

A lawsuit has been filed in Delaware Superior Court by the family of a University of Delaware student who remains unconscious months after being struck by a bicyclist on campus. The lawsuit alleges that the student was injured because the school failed to create rules to keep bicycles off busy campus sidewalks. The incident took place at an outdoor campus event near the Trabant University Center on Oct. 23. The student was struck by a bicyclist, causing him to fall backward and hit his head. He has been unconscious since the accident. The lawsuit names the university and the student bicyclist as defendants. Jessica Masulli Reyes, Delaware Online 02/16/2016

A lawsuit has been filed in Delaware Superior Court by the family of a University of Delaware student who remains unconscious months after being struck by a bicyclist on campus. The lawsuit alleges that the student was injured because the school failed to create rules to keep bicycles off busy... Read More

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Lawsuit Filed Over Cancer Misdiagnosis

A lawsuit has been filed over the death of Rex Morgan, a basketball legend from Jacksonville, Florida. Morgan died of cancer last month and his widow has filed a lawsuit alleging that his death could have been prevented. According to the complaint, a doctor at Quest Diagnostics misdiagnosed the plaintiff when he had a recurrence of tonsil cancer. The patient was first diagnosed with cancer in 2010 and underwent radiation therapy. In 2011, his doctor reported that he no longer showed signs of malignancy. The lawsuit contends that the patient and his wife relied on that information for two years before they discovered that he did in fact have cancer. He died of oral carcinoma on January 15. Anthony Austin, First Coast News 02/15/201

A lawsuit has been filed over the death of Rex Morgan, a basketball legend from Jacksonville, Florida. Morgan died of cancer last month and his widow has filed a lawsuit alleging that his death could have been prevented. According to the complaint, a doctor at Quest Diagnostics misdiagnosed the plai... Read More

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Recall on Macadamia Nuts, Butter for Salmonella Risk

Due to potential Salmonella contamination, a recall has been issued on Organic Macadamia Nuts and Organic Macadamia Butter produced by Living Tree Community Foods of Berkeley, California. The macadamia products were recalled after FDA testing done with Living Tree's supplier, Mahina Mele, of Captain Cook, Hawaii, revealed a salmonella contamination. The products were sold in retail stores in California and Connecticut and to online customers. Living Tree is offering a full refund to consumers. Staff Report, personalinjury.com 02/10/2016

Due to potential Salmonella contamination, a recall has been issued on Organic Macadamia Nuts and Organic Macadamia Butter produced by Living Tree Community Foods of Berkeley, California. The macadamia products were recalled after FDA testing done with Living Tree's supplier, Mahina Mele, of Captain... Read More

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Uber’s Next Steps

Uber, a company that allows consumers with smartphones to submit a trip request which is then routed to Uber drivers who use their own cars.  Uber was founded as "UberCab"  in 2009 and the app was released the following June.  Beginning in 2012, Uber expanded internationally. As of May 28, 2015, the service was available in 58 countries and 300 cities worldwide.   In 2014, it experimented with carpooling features and made other updates. By late-2015, Uber was estimated to be worth $62.5 billion. The legality of Uber has been challenged by governments and taxi companies, who allege that its use of drivers who are not licensed to drive taxicabs is unsafe and illegal.  Uber has been involved in over 173 lawsuits. The company is involved in a separate legal action about the compensation of Uber drivers.  On September 1, a federal judge in Northern California determined that 160,000 current and former Uber drivers could take part in a class-action lawsuit against Uber.  The drivers want to be classified as employees and not as independent contractors.  As employees, the drivers could qualify for benefits like health insurance and they would get to keep tips.  Uber has argued that its drivers are a diverse group and the company has many types of contracts for drivers, so a single class of driver doesn’t exist. Northern District Court Judge Edward Chen didn’t agree with that argument. On December 11 Uber came out with a new arbitration agreement for its drivers. This has attracted significant media attention and has led the plaintiffs to file an emergency motion to enjoin Uber’s communications with class members on the same day. The Arbitration Agreement The new 21 page arbitration agreement, titled “Technology Service Agreement,” contains edited provisions that inform Uber drivers of pending litigation against the company, and contains an opt-out provision as well as a class, collective, and representation action waiver. And the new agreement specifically addresses PAGA claims  (California adopted a novel approach to enforcing the Labor Code of California when it enacted the Private Attorney General Act of 2004 (“PAGA”) codified in Cal. Lab. Code § 2698, et seq.  This law allows a private citizen to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency (“LWDA”) provided the formal notice and waiting procedures of the law are followed), in three significant provisions.  These provisions seem to try to address deficiencies that Judge Edward Chen’s December 9 order found in the predecessor arbitration agreement. These provisions also establish a procedure for when PAGA claims must be resolved in court and the remaining individual claims are arbitrated. Plaintiffs’ Response to the New Agreement As should be expected, the plaintiffs were unhappy with the new Uber arbitration agreement. In their Emergency Motion to Enjoin Uber’s Communications, filed on December 11, the plaintiffs posited that “without any warning to or communication with Plaintiff’s counsel – Uber sent new arbitration agreements to its drivers in an apparent attempt to deceive unwitting class members into giving up their right to participate in litigation.” Plaintiffs continued by stating that “. . . by distributing a new arbitration agreement within days of this Court’s ruling on class certification, Uber has potentially tricked thousands of class members into being required to arbitrate their claims and effectively opting out of the class action . . . ”  As a result, the plaintiffs asked the district court to refuse to enforce the new arbitration agreement, to enjoin future Uber communications with class members that could discourage their participation in the case, and to warn Uber against future attempts to discourage participation in the case. The Uber litigation will result in new precedents being set with regard to the interpretation of arbitration agreements, PAGA waivers, and the scope of allowable communications with class or prospective class members. Sources: John Lewis on December 15, 2015Posted in Class Certification, Independent Contractors, PAGA,                https://en.wikipedia.org/wiki/Uber_(company);                http://blog.constitutioncenter.org/2015/09/uber-fighting-big-legal-battles-on-two-fronts/

Uber, a company that allows consumers with smartphones to submit a trip request which is then routed to Uber drivers who use their own cars.  Uber was founded as "UberCab"  in 2009 and the app was released the following June.  Beginning in 2012, Uber expanded internationally. As of May 28, 2015,... Read More

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Traffic deaths in the U.S. up by 8% this year

After mostly decreasing for the past decade, traffic deaths spiked 8% in the first half of 2015, prompting a call from the nation's highway safety chief to find ways to prevent the human errors that cause most deadly accidents. The new estimate released yesterday by the National Highway Traffic Safety Administration comes just as Read More

After mostly decreasing for the past decade, traffic deaths spiked 8% in the first half of 2015, prompting a call from the nation's highway safety chief to find ways to prevent the human errors that cause most deadly accidents. The new estimate released yesterday by the National Highway Traffic S... Read More

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Holding Dating Website Liable for Affairs?

Incredible though it sounds, there is a dating website that targets married individuals interested in having an affair. Ashley Madison is the website, and it was recently hacked. Cyber hackers claim to have obtained clients’ personal information, to include names and addresses. Over 30 million people subscribe to the website and their personal information was compromised. Another data breach is hardly news these days, but the nature of the website is what may catch the eyes of attorneys around the country. Divorce attorneys will certainly be interested, but there may be grounds for other civil claims against the company. Joseph Welborn, III notes that one possible theory of liability arises from a little used common law tort: alienation of affections. This concept is extinct in all but seven states, but has, in fact, been employed against Ashley Madison prior to the data breach. In 2012, a North Carolina man sued the company after discovering that his wife used the website to meet another man. Perhaps not surprisingly, they eventually divorced. While others could use the theory absent the data breach, what the data breach has done is brought to light so many married individuals who previously lurked under a cloak of darkness. Now unsuspecting spouses will have knowledge, and with that knowledge comes possible ammunition. On the other hand, that unsuspecting spouse still needs to prove proximate causation and the intent to alienate affections. And, again, only seven states still recognize the common law tort, which will likely limit any real risk to the website. Perhaps a more likely theory of liability is a quasi-contractual theory that former clients who deleted their Ashley Madison accounts in the past may use against the company. The company allegedly offered its clients the option of deleting their account and all associated personal information for a fee of $20. It appears, however, from at least one former client and the cyber hackers themselves, that despite collecting the fee and promising to delete old records, Ashley Madison retained that information. The potential liability from a misrepresentation or breach of contract theory could be devastating, if the company did in fact promised to delete information, but failed to do so. Mr. Welborn explains that, “first, an individual could sue based upon the $20.00 they paid for deletion, but the economics of such a lawsuit would not make much sense without some additional harm like a subsequent divorce or loss of reputation caused by the disclosure. The more dangerous prospect would be a class action lawsuit for every individual who paid $20.00 for a deletion that purportedly did not occur. Even this type of lawsuit, which it appears may be contemplated by some firms, may not become ripe until the hackers make good on their threat to release such information. Even if such disclosure does not occur, however, it may still be that a class or even a governmental entity could bring state consumer protection law claims based on the alleged misrepresentation.” All that being said, given the unsavory purposes for which clients provided their personal information to Ashley Madison, the company could very well try to knock down each potential claim by asserting the legal doctrine of “unclean hands.” Source: http://www.jdsupra.com/legalnews/cheatin-ain-t-easy-potential-theories-81013/

Incredible though it sounds, there is a dating website that targets married individuals interested in having an affair. Ashley Madison is the website, and it was recently hacked. Cyber hackers claim to have obtained clients’ personal information, to include names and addresses. Over 30 million peo... Read More

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Chrysler Accused of Neglect in 23 Recalls

The New York Times reported in early July that Federal regulators are investigating Fiat Chrysler Automobiles for “putting lives at risk by repeatedly failing to perform timely vehicle recalls and inform consumers of dangerous defects.” The National Highway Traffic Safety Commission (NHTSC) held a rare public meeting aimed at looking solely at Fiat Chrysler’s apparent pattern of neglect and sharply criticized the auto manufacturer for not complying with federal laws in 23 recalls dealing with over 11 million vehicles. The article suggests that the government will seek stiff penalties from Fiat Chrysler, and perhaps seek to make an example of the Detroit based company. The government can fine the company up to $35 million per recall. The NHTSC itself, however, has been criticized by Congress for its failure to enforce safety laws surrounding the recall of small General Motors cars and defective air bags produced by the firm Takata. The Agency indicated that it would not be so lax with regard to Fiat Chrysler. Fiat Chrysler was cited by NHTSC officials for failure “to promptly notify vehicle owners of recalls, delayed initiating repairs of defective models and neglected to notify regulators of changes in recall schedules. The recalls under scrutiny date to 2013 and cover a wide variety of models and parts, including faulty airbags, ignition switches and electrical wiring. In some cases, the agency has linked deaths and serious injuries to the problems — specifically rear-mounted fuel tanks in Jeep sport utility vehicles that are prone to catching fire in high-speed collisions.” At the public hearings last week, a parent of a 17 year old boy who was killed when his Jeep burst into flames after it was rear ended, testified that his son would still be alive, had Chrysler issued the recalls immediately. Chrysler had reportedly decided to issue recalls with regard to the Jeep defect months before the boy was killed, but the family did not receive a notice until six months after his death. Based upon information available from the public hearing, it appears as though this is not a unique situation, but that Chrysler repeatedly failed to promptly issue recall notices to consumers, and then once issued, failed to promptly initiate repairs on the defective parts. The public is encouraged to provide comments and feedback to the NHTSC with regard to any Chrysler defects or problems they have encountered. The public comment period ends on July 17, but the Commission indicated that it will continue to investigate and gather evidence. If you or a loved one has been injured by a defective product, including a Chrysler, please consult the Law Offices of Stuart Plotnick at 301.251.1286 today. Read the entire New York Times article here http://www.nytimes.com/2015/07/03/business/fiat-chrysler-accused-of-neglect-in-23-recalls.html?_r=0

The New York Times reported in early July that Federal regulators are investigating Fiat Chrysler Automobiles for “putting lives at risk by repeatedly failing to perform timely vehicle recalls and inform consumers of dangerous defects.” The National Highway Traffic Safety Commission (NHTSC) held... Read More

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Vehicle Recall Search Tool Unveiled

Every year in the United States, millions of vehicles are recalled due to safety defects or noncompliance with federal standards. Unfortunately, a large number of consumers remain unaware of defect issues and fail to have their vehicles appropriately serviced. Defective vehicles on the road can turn minor car accidents into fatal crashes that may have been preventable. For more than 25 years our experienced Bethesda car accident attorneys have handled cases like these, and we understand how devastating the damage can be. Thanks to a new, free, online search tool from the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), you can now be more informed when it comes to vehicle recalls. To find out if the car you own, rent or are interested in purchasing is being directly affected by a recall, you just enter the vehicle identification number (VIN) into the new NHTSA search tool online and then you will instantly be provided with up-to-date safety information regarding any defects or safety issues related to recalls. Accompanying the launch of the new search tool is a mandate requiring motorcycle manufacturers and other light-vehicle makers to provide VIN search capability for uncompleted recalls on their own websites. With the launch of the new mandate and the free search tool, you will now have a quick and easy way to find out if the vehicle you drive is as safe as it seems. Still, even the safest drivers can end up in car accidents with other motorists. If you have been injured in a car accident and you believe your injuries may be a result of a defective vehicle, contact the Law Offices of Stuart L. Plotnick, LLC at (301) 251-1286 to schedule a free consultation with our Bethesda car accident attorney today.

Every year in the United States, millions of vehicles are recalled due to safety defects or noncompliance with federal standards. Unfortunately, a large number of consumers remain unaware of defect issues and fail to have their vehicles appropriately serviced. Defective vehicles on the road can turn... Read More

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Car Accident Kills Relatives of Pope Francis

A fatal car accident near Cordoba, Argentina has claimed the lives of three relatives of Pope Francis. The accident occurred Tuesday morning when the Pope's nephew, Horacio Bergoglio Emanuel, struck the back of a truck carrying corn on a mountain road near the town of Villa Maria. Emanuel, 38, survived the accident and was hospitalized in serious condition, but the other occupants of the vehicle were killed. Amongst the deceased victims were two of the Pope's great nephews and their mother, Valeria Carmona. The driver of the truck also survived the crash and has since been charged with aggravated manslaughter. This devastating event is a sad reminder that auto accidents can happen to anyone, including Rockville and Bethesda residents. Even the safest drivers can find themselves in harm's way on our Maryland highways. At the Law Offices of Stuart L. Plotnick, we understand the dynamics involved with car accident cases, and we know how to fight for your rights and to seek the justice you deserve. If you have been injured in a car accident, please call (301) 251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with our experienced Rockville car accident attorney.

A fatal car accident near Cordoba, Argentina has claimed the lives of three relatives of Pope Francis. The accident occurred Tuesday morning when the Pope's nephew, Horacio Bergoglio Emanuel, struck the back of a truck carrying corn on a mountain road near the town of Villa Maria. Emanuel, 38,... Read More

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Maryland Car Accident Causes Vehicle to Split in Half

Despite serious vehicle damage from a high-speed impact car accident in Anne Arundel County of Maryland that left one car split in half and another vehicle off-road in a nearby creek, both victims have survived the wreck with non-life threatening injuries. Police say the two-car collision occurred at approximately 9 a.m. on Brockbridge Road in Laurel. Both victims were hospitalized, and following medical treatment one of the victims was taken to a shock trauma center. Unfortunately, these types of car accidents are not uncommon, and though there are a number of things you can do to avoid being involved in similar high-speed impact collisions, sometimes they are unavoidable. At the Law Offices of Stuart L. Plotnick, our Maryland car accident lawyers know how to handle all types of crash related injuries and damages. Whether you incur a mild personal injury or you suffer from debilitating damages, we can help you get the compensation you deserve. If you have been injured in a car accident, please call (301) 251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland car accident attorney.

Despite serious vehicle damage from a high-speed impact car accident in Anne Arundel County of Maryland that left one car split in half and another vehicle off-road in a nearby creek, both victims have survived the wreck with non-life threatening injuries. Police say the two-car collision occurre... Read More

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Wrongful Death Suit Over Tough Mudder Death

Imagine a Saturday afternoon with friends running a fun muddy obstacle course with hundreds of others. Sounds like an exciting way to spend a weekend, however last April 2013, the event turned tragic for one participant who died during the event, due to the negligence of staff and organizers, according to the wrongful death lawsuit filed against Tough Mudder LLC. The lawsuit filed by Mita Sengupta alleges Tough Mudder LLC failed to follow basic safety precautions that led to 28-year-old, Avishek Sengupta’s death. Tough Mudder is a 10-12 mile obstacle course-mud run event designed by the British special forces claiming to test the toughest of the tough. This New York based company started in 2010 and runs events all over the world. Avishek death occurred at the “walk the plank” obstacle where the participants climb a wooden wall up to a platform and then jump 15 feet into the muddy waters below. The lawsuit states that the volunteer at the top of the platform was ushering participants to jump, while their back was turned to the muddy pit, unable to see when it was “clear” for the next participant to jump. The lawsuit explains that Tough Mudder focused on increasing flow of participants on that obstacle and not safety. Witnesses state that when Avishek jumped, the volunteer allowed three more jumpers, not realizing he had not surfaced. It’s believed a collision occurred and that’s what caused him not to surface. It was only when Avishek’s group panicked because he hadn’t surfaced, that volunteers and the safety diver took notice. He was pulled from the muddy waters, and his death was ruled a drowning. It’s clear that this was a case of negligence on the organizer’s part. Avishek's grieving loved ones quickly sought justice with the help of a wrongful death attorney. Wrongful death cases like these are unfortunately caused by the failure to follow safety guidelines. If you have a loved one that was killed due to other people’s careless actions, please contact the experienced wrongful death attorney Stuart Plotnick for your free consultation. We represent clients throughout Maryland, Virginia, and Washington DC.

Imagine a Saturday afternoon with friends running a fun muddy obstacle course with hundreds of others. Sounds like an exciting way to spend a weekend, however last April 2013, the event turned tragic for one participant who died during the event, due to the negligence of staff and organizers, accord... Read More

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Man Paralyzed After Being Released from Hospital with Fractured Neck

In 2009, a 64-year-old man was involved in a car accident and treated at the Suburban Hospital in Bethesda. He had complained of weakness in his right arm and pain in his left shoulder and pain in his neck when he tried to move it. A nurse performed a "road test" and determined that the man was mobile enough to be considered "close to baseline." However, a neurosurgeon did not examine the man or review his records. A neurological examination is required for patients with spinal fractures according to hospital policy as stated in the lawsuit. The man was released from the hospital and returned home. His neck fracture shifted during the night and he woke paralyzed from the chest down. A Montgomery County jury awarded the man and his wife almost $3.6 million for past and future medical expenses, nursing services, loss of consortium, and noneconomic damages. If your injuries have been worsened by negligent medical care, please call 301-251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Bethesda medical malpractice attorney.

In 2009, a 64-year-old man was involved in a car accident and treated at the Suburban Hospital in Bethesda. He had complained of weakness in his right arm and pain in his left shoulder and pain in his neck when he tried to move it. A nurse performed a "road test" and determined that the man was m... Read More

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$55 Million Verdict Against Honda for Rollover Car Accident

A 57-year-old man was on his way to work in Baltimore when his tire blew out and caused him to lose control of his car. In the rollover accident, the seatbelt in his Acura Integra failed to keep his head from impacting the roof of the car. The man suffered severe injuries and was left paralyzed. His car accident attorney argued that Honda knew from its seatbelt testing that such a serious injury was possible and they did not correct the defect. The man's nephew was riding in the car with him and suffered no injuries. His seatbelt performed as it should. The jury awarded the man $55 million for pain and suffering, lost wages, loss of consortium, and medical expenses. It's an unfortunate reality that companies put profit before safety and allow defective products on the market. If you have been injured in a rollover accident, please call 301-251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland car accident attorney.

A 57-year-old man was on his way to work in Baltimore when his tire blew out and caused him to lose control of his car. In the rollover accident, the seatbelt in his Acura Integra failed to keep his head from impacting the roof of the car. The man suffered severe injuries and was left paralyzed. ... Read More

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Airbag Leaves Imprint on Passenger’s Eye

A teenage passenger in Michigan went to the emergency room with an unusual injury after a recent car accident. Although faulty airbags commonly cause serious injuries, this girl presented to doctors with pain and burning in her eyes. After examination with a special florescent dye to highlight scratching or tearing on the cornea under blue light, the doctors saw that the airbag had imprinted its mesh pattern on the girl's cornea. The airbag had deployed so quickly that she didn't even have time to close her eyes. Luckily for the teen, the imprint injuries healed within 24 hours and bleeding in the eye healed within a couple of weeks. Doctors say that eye injuries from air bags are actually not that unusual and that this case was mild compared to the serious injury that airbag deployment can cause. Even if the passenger has time to close their eyes, airbags can cause nerve damage and retina detachment or even rip apart tissue in the eye, leading to long-term consequences. If you have been injured in an accident, please call 301-251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland injury attorney.

A teenage passenger in Michigan went to the emergency room with an unusual injury after a recent car accident. Although faulty airbags commonly cause serious injuries, this girl presented to doctors with pain and burning in her eyes. After examination with a special florescent dye to highlight sc... Read More

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Is Uber Safe?

Do you need a ride to a downtown trendy restaurant?  It’s as easy as clicking on an Uber App on your phone, and you can have a private driver at your door in minutes. Uber is a private driver service that comes to you. Seems too good to be true?  You might be right. Uber has had several safety issues come up with their drivers, which has led passengers to ask the question, is Uber safe to use in Maryland, or will you need a car accident attorney after riding with them? Over the past several months Uber drivers have been linked to several alarming safety incidents including the death of a six-year-old girl last New Year’s Eve. More recently, a car accident involved a recently hired Uber driver and his passenger, both of which were badly injured, in San Francisco. Uber drivers are regular people that decide to use their cars for hire. Uber offers a minor background check, virtually no training, and Uber has been known to just put ads on Craigslist or contract out the hiring of drivers. NBC investigative reporters in San Francisco also discovered Uber employing several drivers with criminal histories of assault, burglary, and drug possession. The obvious problem with this is, how safe are you when you get into the Uber car and how will you know if they carry commercial car insurance (required for using cars for hire) to cover you in case of an accident? Personal car insurances doesn't cover you when you use your vehicle for hire, so that makes driver’s personal insurance worthless for their Uber gig. Case in point, the recent accident in San Francisco left the Uber driver and his passenger with thousands of dollars worth of hospital bills, because the driver only carried personal car insurance, which he stated Uber knew. Uber insists customers and Uber drivers would be covered by the driver’s personal insurance and an excess policy – taken out by Uber. However, they can’t explain why that hasn’t been happening. It should make you think twice as a passenger. If you’ve been a victim of a car accident involving a car for hire contact Maryland’s car accident attorney Stuart Plotnick. We represent clients throughout Rockville and Bethesda, Maryland and Virginia and Washington DC.

Do you need a ride to a downtown trendy restaurant?  It’s as easy as clicking on an Uber App on your phone, and you can have a private driver at your door in minutes. Uber is a private driver service that comes to you. Seems too good to be true?  You might be right. Uber has had several safety i... Read More

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Judge Rejects Motion in CSX Crash Case

When an Alban Waste truck was struck by a CSX train in Rosedale in 2013, no one was killed, though several people were hurt. In April of 2014, a US District judge decided not to allow Alban's insurance company to combine its legal claim with the action CSX pursued after the incident. The company, Harford Mutual Insurance, has filed what is known as an "interpleader," which is an attempt to force parties to litigate a dispute. It had recently attempted to consolidate its interpleader, which named CSX and 42 insurance claimants as the parties, with CSX's claims against Alban Waste. Judge James Bredar rejected this. At The Law Offices of Stuart L. Plotnick, our Maryland injury attorneys understand the complexities of the law. Cases like the CSX claim make clear how difficult and convoluted the law can be. CSX has alleged that the driver of the truck failed to exercise proper caution at the railroad tracks, and police charged him with seven traffic violations. Alban claims that the intersection was poorly marked and maintained. You can always trust our injury attorneys to keep up on new legal developments that could impact our clients' ability to pursue justice and compensation. If you're a Maryland resident considering speaking to an injury attorney about the accident that hurt you, please contact The Law Offices of Stuart L. Plotnick today for a free consultation.

When an Alban Waste truck was struck by a CSX train in Rosedale in 2013, no one was killed, though several people were hurt. In April of 2014, a US District judge decided not to allow Alban's insurance company to combine its legal claim with the action CSX pursued after the incident. The company,... Read More

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Stent Cases Settled

Cases brought against St. Joseph Medical Center and Catholic Health alleging the unnecessary placement of stents have been settled, the former owner of the two hospitals has confirmed. The Daily Record reports that the settlements, which put an end to two class-action suits, could reach $37 million. At The Law Offices of Stuart L. Plotnick, our Maryland medical malpractice lawyers have long experience pursuing claims against negligent medical providers. Stents are placed in weak arteries in order to encourage and ease the flow of blood vessels. They're frequently used for patients who have significant plaque build-up in their arteries blocking the flow of blood. If left untreated, these blockages can eventually lead to heart attacks. However, our injury lawyers understand that these are difficult, sensitive procedures that patients should only undergo when truly necessary. The cases here revolved around Dr. Mark Midei, who worked at St. Joseph and eventually lost his medical license as a result of the stent cases. Catholic Health Initiative, which used to own St. Joseph, did not admit fault as part of the settlement. If you've been the victim of medical malpractice in Maryland and need an experienced injury lawyer, please contact The Law Offices of Stuart L. Plotnick today for a free consultation.

Cases brought against St. Joseph Medical Center and Catholic Health alleging the unnecessary placement of stents have been settled, the former owner of the two hospitals has confirmed. The Daily Record reports that the settlements, which put an end to two class-action suits, could reach $37 million.... Read More

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Case Against Football Helmet Maker Can Move Forward

The parents of a Frostburg State University football player who died after a series of head injuries can move forward with their claim against the manufacturer of their son's helmet, a Montgomery County judge ruled. Derek Sheely was 22 and had taken place in four days of bruising practice activities when he died. Sheely's parents allege that Schutt Sports, the helmet's manufacturer, falsely and negligently marketed their products with the claim that they "prevent head injurie." Sheely's parents are also suing the NCAA and the former head coach at Frostburg State. Our Maryland personal injury attorneys are keeping a close eye on cases related to severe brain injuries. More and more information is coming to public attention that shows the dangers football can pose to our brains. The Sheely case will continue to make its way through the court system. However, our personal injury attorneys will move pro-actively to help individuals who suffered devastating and debilitating injuries as a result of the negligence of other parties. If you're a Maryland resident in of an experienced personal injury attorney, please contact The Law Offices of Stuart L. Plotnick today for a free consultation.

The parents of a Frostburg State University football player who died after a series of head injuries can move forward with their claim against the manufacturer of their son's helmet, a Montgomery County judge ruled. Derek Sheely was 22 and had taken place in four days of bruising practice activit... Read More

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Maryland lawmakers vote to increase penalties for drivers using cellphones

The Maryland General Assembly approved legislation Monday that will stiffen penalties for drivers who cause fatal or serious crashes while talking on a cellphone or texting. The legislation now goes to the governor to be signed. The Maryland House and Sentate had passed different versions of the legislation, but in a compromise reached on the last day of the session, lawmakers agreed to these conditions: The law would apply to drivers using a cellphone in a variety of ways, not just texting. Those found guilty would face up to one year in jail and a fine of as much as $5,000. And prosecutors could charge drivers with this law in addition to other laws. A provision was removed from the bill that would have allowed police to collect information about a cellphone, such as its number and carrier, from drivers suspected of killing or seriously injuring another while distracted by a cellphone. Del. Luke Clippinger (D-Baltimore), who sponsored the legislation, said that police and prosecutors have other ways of obtaining that information. The legislation has been named “Jake’s Law,” in memory of Jake Owen, a 5-year-old from Baltimore who was killed in a 2011 crash caused by a driver who was talking on his cellphone. Jake’s parents and older sister were in Annapolis for the vote Monday evening. Susan Yum, Jake’s mother, said that she hopes the legislation will raise awareness of the dangers of using a cellphone while driving and motivate drivers to not do “anything that causes you to take your eyes off the road or hands off the wheel, even for a second.” “Nothing can bring Jake back,” Yum said, standing between the two chambers following the votes, “but we can make sure that other families do not have to go through what we have gone through.”

The Maryland General Assembly approved legislation Monday that will stiffen penalties for drivers who cause fatal or serious crashes while talking on a cellphone or texting. The legislation now goes to the governor to be signed. The Maryland House and Sentate had passed different versions of th... Read More

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Jury Awards $1 Million in Wrongful Death Suit Against Long-Term Care Facility

Marie A. Brockmeyer died at the age of 86 after spending the last night of her life in a distressed state at the Hart Heritage of Forest Hill long-term care facility. Her children claimed the staff was liable for not providing the proper emergency care until it was too late. After six hours of jury deliberation Hart Heritage was found to have breached the standard of care owed to Brockmeyer, which caused her pain and suffering but not her death. The $1M award will be reduced to $710,000 because Maryland places a cap on medical malpractice damages. The verdict is believed to be the first in Hartford County that directly addresses negligence for a long-term care facility. The family alleged that after the staff found Brockmeyer to be exhibiting fever-like symptoms the facility made numerous mistakes rendering it negligent and liable for malpractice. First, a certified medicine aid failed to examine Brockmeyer after stating this would be done. Next, Brockmeyer was moved from her upstairs room to the first floor of the facility where despite numerous aides stating she must go to the hospital she remained. Hart Heritage claimed it was instructed not to call her son Philip, her emergency contact, after 9 p.m. – a claim he denied ever making. The defense argued Philip was contributorily negligent in her death, but the jury disagreed. Philip Brockmeyer was eventually called at 12:30 a.m. on the morning of her death, but her injuries were downplayed. After a 5 a.m. call he requested the facility contact her doctor, but by the time he himself arrived at the facility at 8 a.m. no doctor had been called nor had his mother gone to the hospital. His mother would die in her recliner before paramedics arrived at the scene to bring her to hospital that morning. If your loved one has suffered an injury or death because of someone else’s negligence or medical malpractice, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda medical malpractice attorney. Our office is conveniently located in Rockville, Maryland.

Marie A. Brockmeyer died at the age of 86 after spending the last night of her life in a distressed state at the Hart Heritage of Forest Hill long-term care facility. Her children claimed the staff was liable for not providing the proper emergency care until it was too late. After six hours of jury ... Read More

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Maryland Child Car Seat Requirements

According to the CDC between 1400 to 1600 children between the ages 1-to-4 die each year in motor vehicle crashes.  In fact, this is the leading cause of death for children in this age group. Although this number is staggering to every parent, the number of deaths of children in car accidents has been reduced by half since 1975.This is due in large part to the child passenger safety laws that require children to be secured with protective equipment (safety seat) while riding in a vehicle and the innovations in the child, safety seat technology. To protect your child, you should know and follow Maryland's child passenger safety laws. These requirements include:

• Children under the age of 8 should ride in car seat or booster seat unless they are 4'9" or taller.
• Children between the ages of 8 and 16 must be secured with a seat belt.
• Children under 16 may not ride in an open pick-up truck bed.

As a driver, you are responsible for ensuring that these rules are complied with. These rules apply to both in-state and out-of-state vehicles. Ignorance of the law is no defense. If your child has suffered injuries in a car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville injury attorney. Our office is conveniently located in Rockville, Maryland.

According to the CDC between 1400 to 1600 children between the ages 1-to-4 die each year in motor vehicle crashes.  In fact, this is the leading cause of death for children in this age group. Although this number is staggering to every parent, the number of deaths of children in car accidents ha... Read More

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The Case of the Trespassing Toddler

A three-year-old crawled through a fence and almost drowned in a Burtonsville apartment complex in June 2010. The toddler had been playing with his older half-brother. When the brother ran for a ball down a hill, the toddler made his way through the holes in the six-foot fence that surrounded the pool area. By the time the family found the toddler, he was submerged in the pool. He was resuscitated, but suffered severe brain damage because of the incident. The landlord defendant's argument throughout the premises liability case has been that the toddler was trespassing because he was at the pool during hours that it was closed to tenants of the complex. Typically, Landlords have no legal duty to protect trespassers. The trial court found for the defendant. On appeal however, The Court of Special Appeals revived the lawsuit, and The Court of Appeals should rule in the case by the end of August 2014. If your child has suffered a severe injury because of someone else's negligence, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda injury attorney. Our office is conveniently located in Rockville, Maryland.

A three-year-old crawled through a fence and almost drowned in a Burtonsville apartment complex in June 2010. The toddler had been playing with his older half-brother. When the brother ran for a ball down a hill, the toddler made his way through the holes in the six-foot fence that surrounded the po... Read More

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Former Dallas Cowboy Sentenced to Six Months for Fatal Car Accident

Josh Brent, former player for the Dallas Cowboys received a 180-day jail sentence and 10 years of probation for the fatal car accident that took the life of his friend and teammate, Jerry Brown. He faced up to 20 years in prison for the intoxication manslaughter conviction. In December 2012, although Brent was drunk, he chose to get behind the wheel anyway. He and Brown had been partying with Dallas teammates. Brent’s blood alcohol level was .18 percent, more than twice the legal limit in Texas. His bad decision cost his friend his life on a Dallas highway. Brent’s sentence is lighter than some expected and could be due to the testimony of Brown’s mother who said she had forgiven Brent and that he shouldn’t be punished for life. Coming just weeks after the “affluenza” defense of a teenage boy who received no prison time for killing four people in a drunk driving accident, many are outraged that the court is sending a message that it’s okay to drink and drive.  This type of behavior particularly troubling when persons of Brent's financial means could easily arrange alternative transportation from the bar, home. If you are suffering from the loss of a loved one in a fatal car accident or one involving a drunk driver, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland car accident attorney.

Josh Brent, former player for the Dallas Cowboys received a 180-day jail sentence and 10 years of probation for the fatal car accident that took the life of his friend and teammate, Jerry Brown. He faced up to 20 years in prison for the intoxication manslaughter conviction. In December 2012, alth... Read More

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Former Hockey Players Sue NHL for Concussions

In a class-action lawsuit against the National Hockey League, ten former players are alleging that the NHL has not acted to protect its players from the severe brain injuries associated with concussions. This action by the players, although the outcome is not yet known about this case, reiterates the science that has developed around contact sports over the past decade, that the risk of traumatic brain injury or TBI is heightened to participants and may result in long term impairment and even death.  Stay tuned, as there is also data now coming from the area of girls/women's soccer indicating a higher rate of TBI occurrence. The lawsuit includes All-Star defensemen Gary Leeman and Blair James Stewart who are seeking compensation for their concussion-related injuries and was filed on behalf of players who had retired prior to February 14, 2013. The former players claim that the NHL did not take steps to reduce injury to players and protect them from the effects of concussions, even after establishing a program in 1997 to study the effects of concussions on the brain. Players allege that they were not informed of the risks associated with concussions and that they are now suffering the consequences of multiple concussions received during play. The NHL lawsuit comes on the heels of a similar suit against the National Football League, which resulted in a $765 million settlement to compensate players who had suffered health problems due to numerous concussions during their careers. Some had even developed dementia after retirement from the NFL. If you or a loved one is suffering from injuries related to repeated concussions, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland injury attorney. Our office is conveniently located in Rockville, Maryland.

In a class-action lawsuit against the National Hockey League, ten former players are alleging that the NHL has not acted to protect its players from the severe brain injuries associated with concussions. This action by the players, although the outcome is not yet known about this case, reiterates th... Read More

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$1 Million Awarded to Man Who Lost an Eye

Michael and Amanda Spence were awarded 1 million dollars in a lawsuit against Mardela Springs-area farmer Thomas Edward Shockley and co-defendant John Thomas because of an auto collision with a semi-truck that was hauling farm equipment. The accident occurred in 2009 when the seeder-planter machine that the defendants were hauling collided with the Spence's vehicle. The seeder-planter extended beyond the northbound lane into the southbound lane by approximately 3 feet. The defendants had not taken the precautions normally used for hauling machinery of the size, such as a placing "wide vehicle or load"  warning sign, or using a lead vehicle to alert other drivers of the wide load. Michael Spence lost his right eye in the accident and suffered leg injuries that cause him to walk with a cane. The verdict includes $500,000 for his pain and suffering. The case raises issues of the safety of transporting farm equipment along narrow stretches of rural roads and sets the precedent that persons can be held responsible for causing hazardous driving situations if they do not properly warn other drivers about wide loads and take the necessary precautions to prevent tragic accidents like this one. If you have been involved in car accident and are suffering with your injuries, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda car accident attorney. Our office is conveniently located in Rockville, Maryland.

Michael and Amanda Spence were awarded 1 million dollars in a lawsuit against Mardela Springs-area farmer Thomas Edward Shockley and co-defendant John Thomas because of an auto collision with a semi-truck that was hauling farm equipment. The accident occurred in 2009 when the seeder-planter mach... Read More

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Truck Driver Charged in Bay Bridge Accident

The tractor-trailer driver responsible for sending a passenger vehicle plummeting into the waters of Chesapeake Bay last month has been charged with exceeding a reasonable speed, failure to control his vehicle, negligent driving, and making an unsafe lane change. The Maryland Transportation Authority released a statement that identified distracted driving as the cause of the accident. The driver of the truck, Gabor Lovasz, told authorities that he was watching lights and sounds behind his vehicle in his side mirror at time right before the accident and by the time he looked back at the road in front of him, traffic was no longer moving, and he could not stop in time to avoid hitting the car in front.  Fortunately, the victim in the other car was not killed or seriously injured. Distracted driving accidents are generally associated with anything from cell phone use, to eating, and various other activities that take your attention away from the road. This case shows that anything taking your mind or eyes off the road can distract you from the task of driving and threaten the safety of everyone around you. If you or a loved one has been injured because of a distracted driver, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland auto accident attorney. We represent clients in Virginia, Maryland, and Washington DC.

The tractor-trailer driver responsible for sending a passenger vehicle plummeting into the waters of Chesapeake Bay last month has been charged with exceeding a reasonable speed, failure to control his vehicle, negligent driving, and making an unsafe lane change. The Maryland Transportation Autho... Read More

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Maryland Woman Swims for Her Life After Car Accident

If you've ever been in a car accident or imagined yourself having a car accident, it probably didn't include swimming in Chesapeake Bay. In July, Morgan Lake of Sunderland, Calvert County, found herself in just that position. Like many Maryland residents do every day, she was driving across the Chesapeake Bay Bridge. Her journey took an abrupt turn when her vehicle was struck by a tractor-trailer in a three car collision. Her car struck the Jersey wall and rolled into the bay. Luckily, Morgan was able to free herself from her car and swim to the safety of a nearby pier where a local boater helped her out of the water. She was subsequently flown to Shock Trauma in Baltimore. She was treated for non-life threatening injuries and released. A similar crash occurred in 2008 when a tractor-trailer crashed into two other vehicles and tumbled into the bay. The driver of the truck did not survive his injuries in that accident. If you or a loved one has suffered injuries in an accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland auto accident attorney. We represent clients in Maryland, Virginia, and Washington DC.

If you've ever been in a car accident or imagined yourself having a car accident, it probably didn't include swimming in Chesapeake Bay. In July, Morgan Lake of Sunderland, Calvert County, found herself in just that position. Like many Maryland residents do every day, she was driving across the C... Read More

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Road Rage Taken to Extremes—A Foreign Twist

In Maryland, we have all experienced aggressive drivers that speed and tailgate and put us all at risk for serious personal injury. As Maryland auto injury lawyers, we have seen the impact car accidents caused by road rage can have on families. But a German citizen seems to have taken his road rage to an extreme level. A German truck driver was captured recently after a five-year rampage on the roads. The 57-year-old man admitted shooting at over 700 vehicles from his truck over the years. When he was arrested, the police found him with a stash of weapons and more than 1,300 rounds of ammunition. When questioned, the truck driver admitted responsibility for shooting at other vehicles on the road because he was annoyed and frustrated by traffic. Luckily, few people were injured in his attacks. One victim suffered a shot to the neck and another crashed into a barrier after swerving off the road. This truck driver's case stands as a stark reminder that road rage is real, and some drivers will take it to extremes. It's a reminder to all of us to drive defensively and be polite out on the roadways. If you have suffered injuries in an auto accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Maryland auto injury lawyer. Our office is conveniently located in Rockville, Maryland.

In Maryland, we have all experienced aggressive drivers that speed and tailgate and put us all at risk for serious personal injury. As Maryland auto injury lawyers, we have seen the impact car accidents caused by road rage can have on families. But a German citizen seems to have taken his road rage ... Read More

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Couple Suing Allstate for Bad Faith

Sheila and Dominic Traina lost their Staten Island home in superstorm Sandy last fall. When they filed a claim with Allstate, the insurance company offered them $10,000 instead of the $280,000 that their home was worth. The couple has wisely sought the advice of an insurance lawyer to fight against Allstate acting in bad faith on the insurance claim. Allstate claims that the Traina's home was destroyed by water rather than wind. Since the Traina's didn't have flood insurance, Allstate is denying their claim despite the firsthand account of a neighbor who saw the wind lift the roof off of the Traina's home. In addition to failing to pay the worth of the home, Allstate added insult to injury by using footage of the Traina's home in an Allstate commercial. Although Allstate claims that it did not reference the Trainas as customers or imply that they were satisfied with their service, Sheila Traina is outraged. Anyone would be. When you invest your faith and your money in your insurance company, you expect that they will be there when you need them. Their denial of your claim or refusal to pay a reasonable amount for your recovery can feel like a betrayal and leave you with more questions about insurance law than answers. If your insurance company isn't offering you a reasonable amount to cover your losses or is otherwise acting in bad faith, please contact the Law Offices of Stuart L. Plotnick to schedule your free consultation with a Virginia insurance lawyer.

Sheila and Dominic Traina lost their Staten Island home in superstorm Sandy last fall. When they filed a claim with Allstate, the insurance company offered them $10,000 instead of the $280,000 that their home was worth. The couple has wisely sought the advice of an insurance lawyer to fight against ... Read More

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