Wife Sues Furniture Maker for Husband's Fatal Shower Accident

A Pennsylvania widow is suing furniture manufacturer Safavieh as a result of her husband's fatal shower accident. The lawsuit makes various product liability claims and alleges that the manufacturer's ceramic garden stool was defectively designed, that the furniture maker failed to test their product for safe use, and failed to warn consumers of potential dangers.

The lawsuit is seeking damages for wrongful death on behalf of the deceased's estate as a result of the death caused by the defective stool.

What Happened?

After seeing a HGTV redecorating program where one of Safavieh's indoor/outdoor ceramic garden stools was used as a shower stool, the couple decided to purchase one for their own shower. The following details surrounding how the death occurred were reconstructed by the medical examiner.

Tragically, while showering home alone, the husband placed his knee on top of the stool, which then broke, exposing sharp edges. As the top of the stool broke, his knee fell through the center as he was supporting himself, and his femoral artery was severed by the sharp edges as he fell through the top of the stool. His wife returned home to find him dead on the shower floor in a pool of blood. The cause of death was determined to be due to the loss of blood caused by the severing of the artery.

Product Liability for Misused Products

Product manufacturers have a duty to ensure that their products are safe for the intended, and foreseeable, uses. However, when a person is injured because a product was intentionally misused, even if the misuse was foreseeable, a manufacturer may be able to escape liability. However, in this scenario, a failure to warn claim could still be legally cognizable.

In this case, while Safavieh is yet to respond with their position, it is entirely possible that they will claim the indoor/outdoor ceramic stool was misused. Essentially, because the stool was clearly not designed to be used inside a shower, as ceramic is a porous material that is weakened when wet, and it would be exposed to constant moisture in the shower, Safavieh might try to argue that the resulting injury is due to misuse rather than a defect.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Defective Products: What's My Case Worth? (FindLaw's Injured)
• Product Liability Lawsuit Timeline (FindLaw's Common Law)
• What Is Strict Liability? How Does It Affect Injury Lawsuits? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/wife-sues-furniture-maker-for-husbands-fatal-shower-accident.html

Medical Companies Exploit Low-Income Diabetes Patients, Suit Claims

For the average person, few necessities are more confusing than health insurance. Even for the lucky few whose employers provide health coverage, just picking the right plan can be mind-numbing. So when those who are shopping on the open market or under the Affordable Care Act for a health insurance plan are told a charity will help them with their insurance premiums, that sounds like a good deal, right? And it sounds especially good for poor patients who need expensive treatments like dialysis.

But what if those charities are just fronts for the dialysis companies, helping those companies overcharge private insurers? What seems like a good deal for patients all of a sudden becomes fraud and artificially inflated stock prices for shareholders, according to two recent lawsuits.

What a Tangled Web We Weave

One lawsuit claims that DaVita, a Denver-based, publicly-traded dialysis company, illegally steered poor customers from public to private health insurance plans while promising its charity, the American Kidney Fund (AKF), would assist them to pay for their premiums. DaVita preferred getting payments from private insurers, which would shell out around $4,000 per dialysis procedure, than Medicare or Medicaid, which would pay closer to $300 for the same procedure.

So it encouraged patients currently covered by Medicare or Medicaid to switch to a private insurance plan, then apply for premium assistance from the AKF. Unbeknownst to patients or DaVita's shareholders, the company heavily backed the AKF, who received nearly 80% of its funding in 2014 and 2015 (around $390 million total) from two undisclosed corporations. The AKF's chairwoman, Gail Wick, had been an executive at DaVita and its competitor Fresenius Medical Care, before joining the non-profit.

When First Our Shareholders We Deceive

The shareholder lawsuit claims DaVita's company's financial statements were "materially false and/or misleading" due to the alleged scheme, and the company's strong performance in 2015 "was driven, in large part, by (its) illegal efforts to steer patients ... for the sole purpose of increasing the company's profits." DaVita and Fresenius also acknowledged last month that they had received federal subpoenas regarding their relationship with the AKF.

According to the Denver Post, this is far from DaVita's first brush with fraud litigation:

DaVita paid $495 million in May 2015 to settle whistleblower claims the company conspired to overcharge the U.S. government. That was seven months after it paid $400 million to settle separate claims that it had offered doctors joint ventures that included agreements not to send patients to non-DaVita clinics.
Last year, the company disclosed its pharmacy arm, DaVita Rx, had received an investigative subpoena from a federal prosecutor in Texas over allegations the company made false payment claims on prescription medicines to the government since 2006.

And similar suits against dialysis providers have been filed in Florida.

Related Resources:

• Have an injury claim? Get matched with a local attorney. (Consumer Injury)
• Lawsuits Accuse Medical Companies of Exploiting Diabetic and Kidney Patients (Atlanta Journal-Constitution)
• Fake Injuries and Clinics Used in Elaborate Insurance Fraud Scheme (FindLaw's Injured)
• Study: Statin Drug Crestor No Help for Dialysis Patients (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/medical-companies-exploit-low-income-diabetes-patients-suit-claims.html

When Ice Causes a Car Accident, Who's Liable?

Every winter, when the roads get icy, accidents happen. Cars and ice just don’t mix, especially if you throw a hill into the equation.

However, when the cause of two cars colliding is an icy road, the driver that slides is likely to find out that they can blame it on the ice but they can’t escape liability (financial responsibility). This is due to the way that the legal theory of negligence works, which is the most frequently used legal theory in lawsuits stemming from auto accidents.

Negligence Is Ice Cold

Very little in the law is as clear as black and white. However, when it comes to a car crash, negligence is one of those legal theories where liability can be difficult to avoid. To be found liable for negligence, it simply requires that a person owe a duty to another, and that as a result of breaching that duty, the other person is injured or incurs financial damages. Basically, when driving, every driver owes every other driver on the road the duty to drive safe and not collide with other vehicles on the road.

If your car initiates the contact, or causes the collision to occur, you’re likely to be found negligent, even if you were sliding on ice.

The Duty to Drive Safely and Adapt

Nearly every state’s traffic laws specifically require drivers to adapt to changing road and weather conditions. When there is bad weather, drivers are required to change their driving habits to adapt to the road and weather conditions. This means that if the roads are icy, drivers should drive slower, increase their following distance, and just generally drive more carefully and attentively in order to avoid accidents.

If a driver hits a patch of ice and is unable to stop in time to avoid an accident, barring other mitigating circumstances (such as the driver getting hit also being negligent), they will be considered at fault, and thus liable for the damages and injuries they caused, because they failed in their duty to drive safely.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• What to Do After a Chain-Reaction Crash (FindLaw’s Injured)
• Pedestrian Hit by a Car: What to Do After the Accident (FindLaw’s Injured)
• What Medical Evidence Is Used in Car Accident Lawsuits? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/when-ice-causes-a-car-accident-whos-liable.html

How to Prove Landlord Negligence

When an injury occurs, or a financial loss occurs, as a result of a landlord’s negligence, an individual will likely need to be able to prove their case in order to recover. Rarely are injuries or losses so clearly the result of an action or failure to act that the injury or loss itself is evidence enough.

Negligence occurs when one person acts carelessly, or without regard for the consequences of their actions, or if that person fails to act when they should have done something, and their action, or failure to act, causes another person to be injured or suffer a financial loss. The most common negligence cases involve car accidents, as these tend to occur due to one driver’s inattention. However, frequently, when a person is injured on the property of another, the property owner (or controller) can potentially be found negligent under the legal theory of premises liability.

Holding Anyone Liable for Negligence

Generally, to prove a defendant is liable for negligence, an injured or damaged person must show that:

• The defendant owed a duty to the injured person
• The defendant breached that duty
• That the breach of the duty is what caused the injury or damages, and
• That there actually was an injury or financial damages

In cases against landlords, the question of whether or not a duty was owed, and who owed that duty, to the injured person will often be contested.

Is Notice Required for Landlord Liability?

A landlord generally has a duty to not only their tenants, but also tenants’ guests, and potentially even the public, if common areas are accessible to guests and the public. Usually, the duty owed is to keep the common areas in a habitable and safe condition, such as by ensuring railings are secure, doors work properly, and that there are generally no dangerous conditions such as loose live wires or broken stairs. But to be liable, a landlord must have notice of these conditions, or they must have existed for a sufficient period of time such that a reasonable landlord should’ve, or would’ve, had notice and opportunity to correct the condition.

However, depending on how the injury occurred, a landlord’s liability may end once a person enters a tenant’s unit. If the injury is the result of a defective condition that only the landlord is authorized to correct, then even if the injury occurs inside a tenant’s unit, a landlord could still be liable if they were given notice of, or should have known about, the condition that caused the injury, and did not provide a timely repair.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw’s Lawyer Directory)
• Get Legal Help with a Toxic Mold Case (FindLaw’s Learn About the Law)
• How Landlords Can Avoid Tenant Injury Lawsuits (FindLaw’s Injured)
• Stairway to Damages: Injury Liability for Falling Down Stairs (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/how-to-prove-landlord-negligence.html

Hospital Sued for Deaths Linked to Mold Outbreak

You'd like to think that a hospital would be one of the most clean, sterile environments around, considering it is where so many people go to get treatment for infections. And you'd also think that, of all the clean, sterile places within a hospital, its bedrooms, complete with clean sheets and linens, would be high on the list. But according to recent lawsuits, that wouldn't be the case, at least for a few Pittsburgh-area hospitals.

Two wrongful death lawsuits had already been filed against two University of Pittsburgh Medical Center hospitals, linking five deaths to heavy mold growth found in the hospitals' linens. And now a third lawsuit claims mold outbreak has taken another life.

Dirty Laundry

According to an internal report from the university hospital system, the five previous deaths were linked to a mold outbreak due to contaminated linens at two UPMC hospitals, Presbyterian and Montefiore. Although the investigation was conducted in May of last year, the report did not become public until last month when it was submitted by UPMC lawyers as the two previously filed wrongful death lawsuits.

The latest lawsuit alleges another patient, John Haines, contracted a fatal rhizopus-positive pneumonia infection within hours of being admitted at a third UPMC hospital to undergo chemotherapy treatments. Sadly, Shadyside Hospital sent Haines a letter on the morning he died, acknowledging that he had developed an infection and recommending Haines reach out to UPMC's Infection Prevention and Control Department.

The medical center and plaintiffs have also pointed the finger at the company contracted to provide the hospitals with their linens, Paris Healthcare Linen Service. Allegedly, investigators found the same deadly mold at Paris's laundry facility.

Infection Liability

Hospitals can be held liable for infectious outbreaks. Hospital staff is responsible for maintaining a sterile working environment, ensuring clean and sterile linens, and properly maintaining and cleaning diagnostic and surgical equipment. If they fail to do this and a patient contracts an infection, the patient may be able to sue the hospital.

Proving hospital liability in infection cases can be difficult, however, as tracking an infection and its cause is tricky. Leave that part to the experts -- if you've been injured while staying at a hospital, contact an experienced personal injury attorney.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Nurse's Lawsuit Claims Hospital Tried to Cover up Deadly MRSA Outbreak (FindLaw's Injured)
• Better Science Means More Toxic Mold Lawsuits (FindLaw's Injured)
• Can I Sue for Hospital Negligence? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/hospital-sued-for-deaths-linked-to-mold-outbreak.html

How Technology Helps With Workers' Comp Claims

As technology continues to progress, nearly every industry is discovering new ways that the new technology can improve their processes. Alongside the medical and health industries, employers and companies that handle workers’ compensation claims are embracing mobile, wearable, and smart technologies. Some companies have even created apps and web-portals for employees to process claims through.

When it comes to workers’ comp claims, not only are the advances in technology helping with the claim processing end of things, the advances also have great potential to aid in injury prevention. However, for injured workers, no matter how simple the claim process may be, it is always advisable to contact an experienced, independent workers’ compensation attorney to review your claim.

Claim Processing Made Easy

When it comes to processing an employee’s workers’ comp claim, the proliferation of smartphones and the internet have made it possible for claimants to report and track claims electronically. Furthermore, medical appoints and meetings via video conference make it much simpler for claimants to discuss their injuries with those involved with their claim.

For companies handling the claims, smart technology can allow for automated processes to be set up, so that less administrative staff is needed to shuffle paperwork around. While there may be a high cost to setting up a smartphone enterprise app, the cost savings over time will likely justify the cost for large, and even mid-size, employers. Additionally, for employers, advances in technology can assist in detecting fraudulent claims, as well as assist in getting injured workers back to work faster.

Smart Tech Prevents Injuries

In addition to making the claim process simpler, smart technology, such as wearables, can prevent injuries in the workplace. For instance, a wearable device that monitors fatigue could be a crucial piece of technology for train conductors, bus drivers, or even factory workers. Not only that, but wearables, or even just smartphones, can provide employees with warnings if dangerous conditions or situations arise.

While the implementation of wearable tech on the job is still relatively rare, employers are increasingly using tech for training employees on safety issues and other matters. Among the most basic uses of technology to improve safety involves requiring employees to view training videos on their smart phones, or online on a computer. By providing online training, employers can cut their training and monitoring costs, as well as ensure that all employees receive the same instruction.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Can I Get Workers’ Comp for Telecommuting Injuries? (FindLaw’s Injured)
• Workers’ Compensation: Can I Sue My Employer Instead? (FindLaw’s Learn About the Law)
• Workers’ Compensation: Questions and Answers (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2017/02/how-technology-helps-with-workers-comp-claims.html

Pedestrian Hit by a Car: What to Do After the Accident

When a pedestrian or cyclist gets hit by a car, it is a frightening experience. Cars are large, heavy objects that, even at low speeds, can cause severe injuries to individuals.

After a car accident with a pedestrian, it is important for the pedestrian to take a few steps to ensure that they will be able to hold the at-fault driver accountable, similarly to a regular car accident. While it may be impossible for an injured pedestrian to do anything after getting hit by a car, if they are able to do the following, it may greatly improve their legal prospects.

Call 911 for Ambulance and Police

If an injured pedestrian, or bystander, can call 911 and request both an ambulance and the police, this should be done. The police are particularly important in order to take statements for a police report, and investigate any underlying causes for the accident, such as a DUI or other related crime.

An ambulance will be able to provide limited medical care, and can aid in the decision of whether further emergency medical care is necessary.

Make Sure You Get the Driver's Info

Although the police will likely collect the other driver's information, if they arrive at the scene; if police do not show up before you must leave in an ambulance, it may be a good idea to try to get the other driver's information somehow. Getting the driver's full name, address, phone number and insurance information, minimally, should be done.

Also, if there are witnesses, attempt to get their names, addresses and phone numbers. If you don't get this info at the scene, you may never be able to unless the police are present, or you personally know the witnesses or other driver.

Take Pictures at the Scene

While taking pictures of the scene of the accident may not be at the forefront of an injury victim's mind, it frequently can provide the basis to prove the severity of an accident, as well as the cause of an injury. Additionally, while somewhat unsettling, for severe injuries, detailed pictures from the scene can sometimes result in larger jury awards.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• What Medical Evidence Is Used in Car Accident Lawsuits? (FindLaw's Injured)
• Car v. Pedestrian Accidents: Who's at Fault? (FindLaw's Injured)
• Pedestrian Accidents Overview (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2017/02/pedestrian-hit-by-a-car-what-to-do-after-the-accident.html

What Medical Evidence Is Used in Car Accident Lawsuits?

If you've been injured in a car accident, you'll generally need to prove two main elements to win a lawsuit for damages: that the accident was someone else's fault, and that you were injured. Evidence of your physical injuries, as well as the financial costs of medical care and lost wages, will often be the most important details of your case. So what medical evidence will you need for your car accident case?

Here's a look:

The Evidence

Documentation of injuries following a car accident will take many forms, and can be generated almost immediately after the accident:

• Photos: Pictures of your injuries, or the accident itself;
• Eyewitness Accounts: People who saw or were involved in the accident may be able to testify to your injuries;
• Police Reports: Official accounts of the aftermath of the accident, including observations of officers and emergency response personnel;
• Medical Records: Any documentation of hospital visits, physician diagnoses, medical tests or procedures, and even pharmaceutical prescriptions; and
• Expert Testimony: You may need a physician or medical expert to testify at trial in order to explain all of the medical evidence to the jury.

Knowing what medical evidence you'll need will assist help you figure out how you'll need to get it.

The Process

Gathering evidence of your injuries can be among the most important first steps you can take in a personal injury case. Obviously you should first ensure that everyone involved, including yourself, is safe and receives any necessary medical attention. Then, to the extent possible, you should ensure that the accident and your injuries are documented:

• Document the incident with personal notes, pictures, and interviews;
• Research the police reports, medical records, and billing statements; and
• Give your personal injury lawyer as much of this information as possible.

An experienced personal injury attorney is in the best position to advise you on what medical evidence you'll need after a car accident and assess your case. Contact one today.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Documents to Show your Attorney after a Motor Vehicle Accident (FindLaw's Learn About the Law)
• Are Car Accident Police Reports Admissible in Court? (FindLaw's Injured)
• Legal How-To: Proving an Injury (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/what-medical-evidence-is-used-in-car-accident-lawsuits.html

What Medical Evidence Is Used in Car Accident Lawsuits?

If you've been injured in a car accident, you'll generally need to prove two main elements to win a lawsuit for damages: that the accident was someone else's fault, and that you were injured. Evidence of your physical injuries, as well as the financial costs of medical care and lost wages, will often be the most important details of your case. So what medical evidence will you need for your car accident case?

Here's a look:

The Evidence

Documentation of injuries following a car accident will take many forms, and can be generated almost immediately after the accident:

• Photos: Pictures of your injuries, or the accident itself;
• Eyewitness Accounts: People who saw or were involved in the accident may be able to testify to your injuries;
• Police Reports: Official accounts of the aftermath of the accident, including observations of officers and emergency response personnel;
• Medical Records: Any documentation of hospital visits, physician diagnoses, medical tests or procedures, and even pharmaceutical prescriptions; and
• Expert Testimony: You may need a physician or medical expert to testify at trial in order to explain all of the medical evidence to the jury.

Knowing what medical evidence you'll need will assist help you figure out how you'll need to get it.

The Process

Gathering evidence of your injuries can be among the most important first steps you can take in a personal injury case. Obviously you should first ensure that everyone involved, including yourself, is safe and receives any necessary medical attention. Then, to the extent possible, you should ensure that the accident and your injuries are documented:

• Document the incident with personal notes, pictures, and interviews;
• Research the police reports, medical records, and billing statements; and
• Give your personal injury lawyer as much of this information as possible.

An experienced personal injury attorney is in the best position to advise you on what medical evidence you'll need after a car accident and assess your case. Contact one today.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Documents to Show your Attorney after a Motor Vehicle Accident (FindLaw's Learn About the Law)
• Are Car Accident Police Reports Admissible in Court? (FindLaw's Injured)
• Legal How-To: Proving an Injury (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/what-medical-evidence-is-used-in-car-accident-lawsuits.html

Study: Apology Laws Don't Decrease Medical Malpractice Lawsuits

In general, we want to encourage people to say, "I'm sorry" if they've made a mistake. It's the decent thing to do and it can promote good will and closer relationships. But in the realm of litigation, admitting to a mistake may mean admitting to millions of dollars worth of civil liability.

In an attempt to strike a balance between decency and legal protections, many states passed so-called apology laws, allowing physicians to express sympathy to patients and families without it being used against them in medical malpractice lawsuits. The idea was that giving doctors and patients a chance to reconcile would reduce the number of lawsuits or the amount at stake in those suits. But that hasn't been the case.

Sorry State of Affairs

Previous studies determined that most malpractice lawsuits are expressions of anger over unsatisfactory results of medical procedures. So lawmakers in over 30 attempted to address this outrage by enacting apology laws, hoping that by excluding statements of condolence or sympathy from malpractice trials might be enough to encourage more apologies and therefore allow doctors and patients to resolve cases without legal intervention.

But a new study from researchers at Vanderbilt University looked at malpractice claims and whether state apology laws limit the amount of medical malpractice liability, and found little or no effect:

For physicians who do not regularly perform surgery, apology laws increase the probability of facing a lawsuit and increase the average payment made to resolve a claim. For surgeons, apology laws do not have a substantial effect on the probability of facing a claim or the average payment made to resolve a claim.

Apologies and Admissions

So why doesn't saying "I'm sorry" work? According to Benjamin McMichael, a postdoctoral scholar at Vanderbilt and one of the authors of the study, an apology "might transport a signal." "By apologizing," McMichael told the Madison Record, "the doctor tells the patient he screwed up when the patient previously did not know that. They can't use the apology itself, but knowing something went wrong, they can look for other evidence that they can use."

So even though doctors are being more civil with their patients, they're not avoiding civil lawsuits regarding their care.

Related Resources:

• Have an injury claim? Get matched with a local attorney. (Consumer Injury)
• Apology Laws Don't Help Doctors Avoid Malpractice Payouts (Vanderbilt University)
• How Reliable Is Doctor Testimony in Medical Malpractice Cases? (FindLaw's Injured)
• Can You Sue a Doctor for Withholding Information? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/study-apology-laws-dont-decrease-medical-malpractice-lawsuits.html

Stairway to Damages: Injury Liability for Falling Down Stairs

People slip and fall every single day. And while most falls don’t result in anything more than a bruised ego, all too often a serious injury results. Injuries can be especially serious when a person slips and falls down a flight of stairs.

Thanks to gravity, a fall in a stairway can cause a person to tumble some distance. Unfortunately for property owners, stairs can be the source of serious, and costly, premises liability claims due to the fact that the injuries tend to be rather severe.

Stair Owner Liability

Simply falling down a set of stairs is not going to create liability. However, if a person encountered a dangerous condition, they will likely have a personal injury claim based on premises liability against the property owner, or even a lessee.

Generally, a property owner must have had notice of the dangerous condition, or should have had notice, prior to the injury taking place in order to be found liable. If the owner caused the dangerous condition, then it is presumed that they have notice. Notably though, just because an owner fixes an alleged dangerous condition, such as a loose railing on a stair case, under the law, that fix cannot be used to prove that the prior condition was dangerous.

Stairway to the Danger Zone

Common dangerous conditions that are found on stairs include:

• Wet, snowy, or icy stairs
• Uneven stairs
• Slippery stairs (i.e. polished wood)
• Loose railings
• No railings
• Dilapidated materials
• Children’s toys, or other objects

Some of the above will be impossible for an offsite property owner to protect against. However, the conditions that relate to regular wear and tear or weather related conditions are something that a property owner likely has a duty to maintain in good repair, particularly if the property is rented, or open to invitees, licensees or guests.

If you’ve been injured as a result of a slip and fall down a flight of stairs, you should contact an experienced local personal injury attorney to determine whether you have a case or legal remedy.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Physical Evidence to Keep for a Slip and Fall Case (FindLaw’s Injured)
• 5 Slip and Fall Lawsuit Myths (FindLaw’s Injured)
• ‘Tis the Season for Slip and Falls — Who’s Liable? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/stairway-to-damages-injury-liability-for-falling-down-stairs.html

No-Handed Typist Sues Kroger After Firing

Michael Trimble should be the kind of success story any employer would be proud to have. Born in Chernobyl, Ukraine, Trimble had his deformed arms removed at birth, yet he got a "temp-to-hire" position in the human resources department at Kroger's Oregon offices. Without hands, Trimble uses his feet for typing and fine motor activities, and quickly became one of the office's star employees.

But instead of championing Trimble's achievements, one supervisor began making odd requests, specifically that Trimble carry his bike, which he used for transportation to and from work, up flights of stairs or push it through a back courtyard. And when Trimble pushed back against such requests, he was fired.

"Nothing Short of Amazing"

According to Trimble's disability discrimination lawsuit, he racked up numerous citations for the quality of his work:

• "On March 3, 2016, Defendant Kroger rated Michael Trimble's performance as 100%";
• "On March 11, 2016, Michael Trimble received the second highest score in Defendant Kroger's KCC Department on its KCC 'final exam.' His score was 98%";
• "On March 15, 2016, [supervisors] told Michael Trimble that his statistics were nothing short of amazing. His statistics showed an Actual Call Waiting (ACW) of zero (0) seconds. ACW is time spent between taking calls and finishing the notations/documentation. The less ACW an employee has, the more productive the employee is";
• "On March 23, 2016, Mr. Pickle praised Michael Trimble for having outstanding metrics"; and
• "On March 24, 2016, Michael Trimble received two performance audits from Defendant Kroger. Both audits were glowing in praise of his performance".

On March 25, 2016, Trimble was fired.

Push Comes to Shove

Why? Apparently because he was unable to, without arms, carry his bicycle up a flight of stairs or push it through an outdoor courtyard. A manager in the Kroger office called to complain about his habit of bringing his bicycle in through the building's front door, and asked him to carry it up the back stairs. Trimble had to explain he was unable to carry the bicycle up stairs because he has no arms.

The manager later asked Trimble to stop riding his bicycle through a pavilion on the campus, and told him he had to walk his bike through the pavilion. From the suit:

Michael Trimble explained to Brandy Velez that he could not walk the bicycle across the pavilion because he does not have arms. Brandy Velez asked, "Can't you just push your bike?" Michael Trimble replied, "How can I push my bike? I don't have any arms?"

Trimble finally asked for an accommodation to ride his bicycle closer to the door, but the accommodation was denied. Trimble was fired days later allegedly because he "continued to ride his bike through the pavilion after being asked not to do so."

Trimble then sued under the Americans with Disabilities Act, claiming Kroger failed to make reasonable accommodations for his disability and that his firing was discriminatory.

Related Resources:

• Was your long-term disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• 'Hamilton' Musical Sued by Blind Patron for ADA Violation (FindLaw's Injured)
• I Need Ergonomic Accommodations. Can I Sue my Employer? (FindLaw's Injured)
• For Blind Gamer, Lawsuit Against Sony Is Clear (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/02/no-handed-typist-sues-kroger-after-firing.html

Are Drivers Liable for Hitting Protesters?

When protesters take to the streets to have their voices heard, drivers that get stuck in traffic often suffer the consequences. While most drivers are simply made late getting to and from where they need to be, drivers that get caught in the thick of a march or protest face a much scarier situation.

In most states, even when protestors are illegally marching in the street, if a driver hits a protester, they could face both civil and potentially criminal legal liability. However, in states like North Dakota and Tennessee, legislatures are trying to pass laws that would provide limited civil and criminal immunity to drivers that injure protesters who are obstructing traffic.

Criminal Intent and Self-Defense

While rare, occasionally there are news stories about protesters that have been injured or even killed as a result of a driver who got scared and tried to speed away from a group of marching protesters.

Under most states’ laws, if you injure a person with your car, even unintentionally, there could be criminal penalties, on top of civil liability for the injuries. However, so long as a driver did not intend to cause harm (i.e. it was an accident that a protester got hit), the criminal penalties and civil liability will not be as harsh.

If a driver is trying to escape a group of protesters that are harassing the driver, such as by blocking or pounding on the car, that driver might have a valid self-defense argument if they injure protesters while trying to get away. However, self-defense is something that every state handles differently. Additionally, it is a defense to criminal charges meaning that after being charged with a crime, a defendant must prove they are innocent by way of having acted in self defense.

Civil Liability

Even if a driver is found not to be criminally liable for causing injury to protesters they hit with their car, they can still be found civilly liable. This is because there are different standards of proof in criminal and civil cases.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Is It Legal for Protesters to Block Traffic? (FindLaw Blotter)
• Protesters Blocking Streets: What Are the Legal Consequences? (FindLaw Blotter)
• Is It Illegal to Block Traffic? (FindLaw’s Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2017/02/are-drivers-liable-for-hitting-protesters.html