California Seniors: Home Abandoned Residents During Wildfire

Following the horrific accusations regarding a Florida nursing home in the wake of Hurricane Irma, you would hope California facilities would be on high alert during any natural disasters, like, say, a wildfire. Unfortunately, that wasn't the case.

"These people were left stranded," attorney Kathryn Stebner told the Los Angeles Times. "They had no keys, no cell service, no walkie-talkies. The three caregivers on hand did not know about any evacuation plan ... and in fact, were waiting for an executive director, who did not show up. How could they have gotten out?"

Nobody There

Stebner is representing four residents from the Oakmont of Villa Capri senior living facility in Santa Rosa, which was destroyed during wildfires that broke out in October. According the suit, Oakmont staff abandoned Elizabeth Budow, Alice Eurotas, Virginia Gunn, and Helen Allen during the fire, along with "other residents in wheelchairs, and other residents with dementia who were physically and cognitively incapable of escaping a burning building without assistance."

The building began to fill with smoke around 12:30 a.m., but staff (of which there were just three to care for over than 70 elderly and disabled residents) allegedly turned off the fire alarms and failed to wake residents to evacuate. Instead, Allen's son found her still in bed at 2 a.m. when he came to check on her. The lawsuit claims:

"The facility had no power and there were no back-up generators in use, nobody had access keys to the Oakmont vans parked at the Facility which could have been used to evacuate the residents, and nobody was in contact with the Executive Director of the Facility during this emergency."

Fraudulent Facility

The lawsuit also describes the "herculean efforts" two women made to ensure that other abandoned residents got out of the building, including using a car hitch to break open a door that locked 14 residents in the dementia care unit. Amazingly, no deaths were reported.

Villa Capri claims its staff was prevented by authorities from evacuating residents during the fire. In a separate lawsuit filed a month before the fires, four residents accused Oakmont alleged residents were found on the ground in the facility, left to sit in their own waste, and suffered unexplained injuries.

Related Resources:

• Find Nursing Home Abuse Lawyers Near You (FindLaw's Lawyer Directory)
• 4 Residents Sue Oakmont Senior Living (The Press Democrat)
• Preventing Injuries During, After Hurricanes, Storms (FindLaw's Injured)
• Lawsuit: Downed Power Lines Caused California Fires (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/california-seniors-home-abandoned-residents-during-wildfire.html

Black Friday Injury Roundup

We warned you -- Black Friday is dangerous. And, as expected, quite a few people were injured while trying to take advantage of some sweet shopping deals this year. While we're not quite as morbid as BlackFridayDeathCount.com (or as humorous as The Onion), it can be valuable to take a look at this year's injuries, how they might have been avoided, and what lawsuits may follow.

Here's a rundown of 2017's Black Friday injuries:

Shooting, Stabbing in Sears Parking Lot

Houston Police blamed Black Friday for a brawl between two men in a Sears parking lot that led to one of them being shot and the other being stabbed. "We don't know if they know each other, we don't know if they got into an argument inside the mall and they came out here, we don't know any of that," Sergeant Richard Rodriguez told Houston's Fox26. "Basically, it's Black Friday, a lot of people shopping, a lot of activity." Both men were taken to the hospital, and there may be some assault and battery lawsuits coming, in addition to any criminal charges.

Missouri Mall Mishap

Another shooting at a mall in Columbia -- this one after midnight on Thanksgiving -- left a Missouri man with life-threatening injuries. At this point, it's not certain whether the shooting was intentional or accidental, as both men involved knew each other, and the shooting occurred inside a vehicle, possibly while one was trying to holster the weapon. Even unintended shootings can be the subject of injury lawsuits, if the person with the gun was acting negligently.

'Bama Brawl

Some more shoppers trying to get a head start on Black Friday deals in Alabama ended up shutting down the mall instead. While initial reports of gunshots were debunked, video posted to social media shows two females fighting it out in the Riverchase Galleria in Hoover, both sustaining minor injuries. As the New York Post reports:

One witness said the fight happened at a store called Buckle. In the middle of the fight, a shoe flew over the railing and hit a baby one level below -- and that sparked a second skirmish, an onlooker said.

And, if you're wondering, yes -- you can sue someone for beating you up.

Hopefully you made it through Black Friday unscathed. If not, talk to an experienced personal injury attorney today.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Car Accidents and Cooking Fires: Here's How You'll Probably Die on Thanksgiving (Newsweek)
• 7 Tips When Suing a Retail Store for Injuries (FindLaw's Injured)
• Can I Sue for a Black Friday Injury? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/black-friday-injury-roundup.html

Jury Orders J&J to Pay $247 for Defective Hip Implants

Johnson and Johnson has become a regular subject of our injury blogs. From talc-based baby powder causing cancer to vaginal mesh implants causing bleeding and loss of sexual function to anti-psychotics causing breast enlargement in male patients, Johnson and Johnson has been the subject of hundreds of lawsuits and been forced to pay hundreds of millions of dollars in jury verdicts. To be fair, many of the allegedly defective products were made by J&J subsidiaries, but the most damning accusations claim J&J knew of the danger to consumers and sold the products anyway.

The same can be said for Johnson and Johnson's Pinnacle hip implants designed and manufactured by DePuy Orthopaedic. Johnson and Johnson faces some 9,700 lawsuits nationwide regarding the implants and has just been ordered to pay out its third jury award, this one for $247 million.

Not Too Hip

The latest verdict involved six New York residents who received the implants in order to treat joint failure caused by osteoarthritis. J&J marketed DePuy's metal-on-metal implants as a longer lasting alternative to similar ceramic or plastic implants. According to the lawsuit, that was far from the case. Instead, the plaintiffs experienced tissue death, bone erosion, and other injuries.

They sued J&J and DePuy, claiming Pinnacle implants were defectively designed and the companies failed to adequately warn consumers regarding the health risks involved. (The Pinnacle was discontinued in 2013 after the FDA tightened restrictions on hip implants.) The Dallas, Texas jury agreed, but it's far from certain the plaintiffs will actually receive the jury award.

Appealed Jury Awards

J&J released a statement saying it would appeal the verdict, and a DePuy spokesperson told Reuters the company is still "committed to the long-term defense of the allegations in these lawsuits." The companies have had some success in getting large jury awards reduced. A $500 million jury award in March 2016 was later cut to $150 million, and another $1 billion verdict that was slashed to $543 million.

This was the fourth of 9,000 test trials in a Dallas federal court, where both sides are hoping the outcomes will lead to settlements on the remaining claims, rather than more trials.

Suing for hip implant injuries can be complicated. If you're considering a medical implant lawsuit, talk to an experienced medical device attorney in your area.

Related Resources:

• Find Medical Device Lawyers Near You (FindLaw's Lawyer Directory)
• Texas Jury Awards Over $1B Against Johnson & Johnson in Hip Implant Lawsuit (FindLaw's Injured)
• $2.5B DePuy ASR Settlement Finalized (FindLaw's Injured)
• J&J to Pay $4B to Settle Hip Implant Lawsuits (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/jury-orders-jj-to-pay-247-for-defective-hip-implants.html

5 Most Common Black Friday Shopping Injuries (and What to Do About Them)

The crowds; the anticipation; the joy; and the pain. There really is nothing like the exhilaration and hysteria of Black Friday. One day every year, American shoppers lose their collective minds in an effort to save a few bucks on Christmas presents. But the damage and injuries sustained on Black Friday can last years or even lifetimes.

So here are the five most common Black Friday injuries, how to avoid them, and what to do if you can't:

1. Parking Lot Injuries: When Can You Sue?

Sometimes the injuries happen before you even make it in the front door. Considering the increase in shoppers, cars, and traffic, this is more likely than ever on Black Friday. But are stores liable for what happens in the parking lot? What if multiple stores share one lot?

2. How Not to Get Hurt in a Black Friday Stampede

If you've made it through the gauntlet of the parking lot, you've still got to survive the initial rush through the doors. Unsurprisingly, this is where a majority of Black Friday injuries occur. While stores have gotten a bit better about crowd control (following many lawsuits, of course), any time that many people are squeezing through that small of a space, injuries are bound to occur.

3. Shopping Cart Injuries: When to Sue

If you're still standing, it's time to grab a shopping cart. Most Black Friday shoppers aren't waiting that long and trampling their fellow humans to buy just one item. And if you thought there was a rush through the door, just wait for all those people hightailing it to the electronics department armed with a metal grate on convulsive wheels, and then their subsequent rush to the registers.

4. Can You Sue If a Box Falls on You at a Store?

Stores have stocked their shelves to the sky for Black Friday. And when customers start yanking out items willy-nilly, all that careful stacking goes out the window.

5. If You're Injured in a Fight, Can You Sue?

Not all Black Friday injuries are accidents. In a mad rush into and through a store, a lot of feathers can get ruffled, especially if there's only a limited number of a certain item. Are assaults only a criminal matter? Does the store bear any responsibility?

Considering the myriad ways you could be injured on Black Friday, you might just want to do your shopping online, in the safety of your own home. If not, you may need the services of an experienced injury attorney.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Avoiding Black Friday Injuries (FindLaw's Injured)
• Can I Sue for a Black Friday Injury? (FindLaw's Injured)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/5-most-common-black-friday-shopping-injuries-and-what-to-do-about-them.html

5 Biggest Recent Slip and Fall Cases

Last week, an Alabama jury awarded $7.5 million to a man who fell while shopping for watermelons at a local Walmart. That may seem like a lot for a simple slip and fall, but security camera footage showed several shoppers suffering similar entanglements with a pallet hidden beneath the watermelon display, and Henry Walker went from playing basketball a few times a week with his friends to needing a walker just to get around after shattering his hip.

The case got us thinking about some of the biggest jury awards and settlements following slip and fall lawsuits, so here are the top five from our archives:

1. Slip-And-Fall Leaves Man Blind; Jury Gives Him $4M

Earlier this year, a jury found in favor of Bill Waite, who fell down an unmarked step along an otherwise level sidewalk. Waite, who previously had little to no functional eyesight in his right eye, struck his left eye against a chair, leaving him effectively blind.

2. Las Vegas Comedian Wins $1.3M Casino Injury Suit

The fall that left comedian George Wallace "permanently hobbled" with tendon damage was no laughing matter. The jury found the Bellagio liable for the onstage wiring in which Wallace became entangled, and compensated him for lost income.

3. Student Paralyzed in Apt. Fall to Get $11.6M

Lorna Bernhoft fell through a raised skylight opening on the fourth floor of an off-campus residence while a student the University of Pennsylvania. The fall left her paralyzed, and she reached an out-of-court settlement with the building's owners.

4. CO Trucker Wins $10M in Walmart Slip and Fall

In another case involving Walmart, Holly Averyt suffered debilitating back injuries resulting from a grease spill on a Greeley Walmart's loading dock. The retailer didn't do itself any favors in court, denying a spill ever existed before being confronted with city records of a grease spill investigation at the site.

5. Jury Awards $3.2M to Woman Injured at Ikea Store

Not a slip, but certainly a fall -- Xiaolei Zeng suffered a crushed pelvis when an eight-foot-high stack of countertops fell on top of her in a Potomac Mills, Virginia Ikea. Doctors testified during the trial that Zeng would likely suffer from lifelong pain.

Related Resources:

• Find Premises Liability Lawyers Near You (FindLaw's Lawyer Directory)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)
• Physical Evidence to Keep for a Slip and Fall Case (FindLaw's Injured)
• 7 Tips When Suing a Retail Store for Injuries (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/5-biggest-recent-slip-and-fall-cases.html

Walmart Watermelon-Buying Injury Nets Alabama Man $7.5M

Who knew shopping was this dangerous? Henry Walker found out while reaching for a watermelon in an Alabama Walmart in 2015. Walker's foot got caught in a wooden pallet on the floor, causing him to fall and shatter his hip.

Walker sued Walmart, claiming the retailer should've known the pallet was likely to cause an injury and failed to "exercise reasonable care, to maintain and keep its premises in a reasonable safe condition, and to warn the public of unsafe and hazardous conditions." A jury agreed, and awarded Walker $7.5 million in damages.

Precarious Pallet

Walker wasn't the only customer caught up in the pallet, hidden beneath the watermelon container. Walker's attorney showed jurors security footage from the Walmart depicting several other shoppers getting their feet caught in the side opening of the pallet. The same happened to Walker as he reached in for some fruit, and when he tried to turn around his foot got stuck and he fell.

"You don't expect to go into a grocery store walking fine on your two feet and come out on a stretcher," one of Walker's attorneys, Shaun O'Hara, said after the verdict. He pointed out that the 59-year-old played basketball with friends three days a week prior to the fall and now has to use a walker. "This fall completely changed Henry Walker's life," O'Hara said. "He is no longer able to do everyday activities that many of us take for granted."

Disability Damages

The jury needed just two hours of deliberation to rule in Walker's favor, awarding him $2.5 million in compensatory damages and another $5 million in punitive damages. "We are disappointed in the verdict and believe that the damages awarded were excessive in light of the facts in this case," Walmart spokesperson Randy Hargrove told AL.com. "We plan to appeal."

While Walker's attorney hopes the verdict will encourage Walmart to use pallet guards in the future, slip and falls at stores are sadly far too common. If you've been injured after falling in a store, talk to an experienced personal injury attorney about your case.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Walmart Shopper Hurt While Buying Melon Wins $7.5M Verdict (AP)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)
• Disabled Woman's Parents Sue Walmart Over Shoplifting Arrest (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/walmart-watermelon-buying-injury-nets-alabama-man-75m.html

Is the Air Force Liable in Texas Church Shooting?

Last week, Devin Kelley gunned down 26 people in a church in Sutherland Springs, Texas. As it turns out, due to an Air Force court-martial for domestic violence, Kelley should never have been allowed to purchase the AR-15 military-style rifle he used in the shooting. The problem was that the Air Force never reported his conviction to the National Criminal Information Center database used for gun-buying background checks.

According to the New York Times, the Air Force admitted that Kelley's domestic violence conviction should have been entered into the database and promised to conduct a review of similar cases to determine if others had been properly reported. But could that failure also lead to civil liability in the shooting? Here's a look:

Immunity?

While government agencies are often given immunity from civil lawsuits based on discretionary judgments, Timothy Lytton, law professor at Georgia State University, told Reuters the Air Force may not be able to invoke immunity in this case. When it came to reporting Kelley's domestic violence conviction, the Air Force failed to meet a legal requirement and such a failure does not fall within the service's discretion.

"I think plaintiffs have a strong case that could prevail against potential challenges from the government," Yale Law School professor Peter Schuck agreed, telling Reuters immunity would likely not bar a lawsuit filed by the victims and families against the Air Force based on Kelley's ability to purchase firearms.

Liability?

But just because the Air Force can be sued does not necessarily mean such a lawsuit would be successful. As other legal experts have pointed out, the central question would be whether the Air Force's clerical failure was the proximate cause of the deaths in Texas. Any injury lawsuit against the Air Force would be heard before a single judge rather than a jury, and courts have generally declined to find entities other than the shooters liable for mass shooting deaths.

No such lawsuits have been filed as of yet, but attorneys for the victims remain optimistic. "We believe we have a viable case against the Air Force," Houston attorney Hartley Hampton (who says he's been approached by the family of one of Kelley's victims) told Reuters.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• U.S. Air Force Could Face Liability in Texas Shooting: Legal Experts (Reuters)
• Could Mandalay Bay Be Liable in Las Vegas Mass Shooting? (FindLaw's Injured)
• Who's Liable for Gunshot Injuries? When Can You Sue? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/is-the-air-force-liable-in-texas-church-shooting.html

3 Myths About Medical Malpractice Lawsuits

Doctors and medical professionals are experts in their field, and we rely on their knowledge, insight, and judgment to make and keep us well. And if a doctor's medical expertise seems beyond our general understanding, so too can medical malpractice lawsuits.

That means a lot people, even lawmakers, have misconceptions about medical practice and how medical malpractice lawsuits work. For example, legislators thought they could reduce lawsuits by allowing doctors to apologize for mistakes without their apologies being used against them in court. It didn't quite work out that way.

Here are some other misconceptions and myths about medical malpractice lawsuits, and where to go to find the truth.

Any Doctor's Mistake Can Mean a Lawsuit

Medical professionals are human, and, like the rest of us, can make mistakes. But not every medical mistake is the basis for a medical malpractice claim. And just because you didn't have the desired medical outcome, doesn't necessarily mean your doctor committed malpractice. Proving fault in a medical malpractice case requires showing that the medical professional responsible for your care departed from a generally accepted standard of medical care. And making your case could involve complicated medical documents and expert testimony.

You Need Physical Injuries to Win a Lawsuit

Sometimes a doctor can breach their ethical duty without causing physical harm and not all malpractice results in physical injuries. You can file medical malpractice lawsuits against doctors and medical professionals for lying, for withholding information, and, in some cases, for emotional distress. What constitutes medical malpractice can go beyond mistakes in treatment.

There's Only So Much Money You Can Win

State laws on medical malpractice claims can vary, and yes, some states have caps on the money damages a plaintiff can recover in a medical malpractice suit. But some courts have struck down statutory limits on damages, while other states are putting damages caps to a vote.

Medical malpractice claims can me complicated -- difficult to understand and to prove. That's why you need the help of an experienced medical malpractice attorney. If you've suffered harm from medical treatment, contact a medical malpractice lawyer in your area right away.

Related Resources:

• Find Medical Malpractice Lawyers Near You (FindLaw's Lawyer Directory)
• Top 3 Myths About Personal Injury Lawsuits (FindLaw's Injured)
• 5 Slip and Fall Lawsuit Myths (FindLaw's Injured)
• 5 Car Accident Myths (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/3-myths-about-medical-malpractice-lawsuits.html

Can You Sue If Someone Makes You Sick?

With what we now know about how germs are spread, one might think that if someone gets them sick, they'll be able to sue the person who got them sick. While, generally, you can sue anyone for anything, particularly when you've been clearly wronged by another's negligence, doing so is not always a good idea.

Typically, cases involving the transmission of illnesses are plagued with some rather high hurdles. At the outset, not only will a victim be required to prove that the defendant actually got them sick, but also that it was intentional or negligent. And even though the first part might seem clear to you, if the illness can be spread in different ways, or is easily communicated in the air, or on surfaces, it's going to be really hard to prove. Though certain situations, like housing environments leading to illness, or STD transmissions, might be a bit more cut and dry.

STDs and Lawsuits

The most frequent types of illnesses that are the subject of lawsuits are sexually transmitted diseases, such as herpes or AIDS. While normally suing someone for getting you sick is ill-advised, if someone gave you a STD, speaking to an attorney about your options might be a good idea, as you'll likely require lifelong care, or rather expensive care.

STD cases are more common due to the fact that these illnesses and diseases are spread through direct sexual contact, and as such, it's easier to prove the "causation" element of the injury claim. Additionally, there is a higher likelihood that a person who gives another a STD either knows about their own condition, or at least should have known about.

Suing Over the Common Cold or Flu

While you know that your co-worker who sits two cubes behind you is responsible for your strep throat and/or flu, suing him might not even be possible. If you contracted your illness at work, it's unlikely that workers' compensation will apply, but it could (so check your state's laws). Additionally, even though you may have suffered some serious economic losses due to an ER visit, loss of wages, or other financial losses, common illnesses, like the cold or flu, are nearly impossible to recover on, as it is nearly impossible to prove how you got it.

But, if you have video or other indisputable evidence that a sick co-worker intentionally got you sick, you may wish to consult both a personal injury and an employment attorney, as that is a rather complex legal problem that will require careful consideration before taking any action.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Cruise Ship Sickness: Can Passengers Sue? (FindLaw's Injured)
• If I get Sick From a Customer, Is My Employer Responsible? (FindLaw's Injured)
• Can You Sue Over a Salad Poisoning Outbreak? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/can-you-sue-if-someone-makes-you-sick.html

Woman Claims Sephora Lipstick Sample Gave Her Herpes

Just about everyone would like to sample something before they buy it. We try on clothes and shoes before purchasing, get sips of wine before assenting to the whole bottle, and hear snippets of music before downloading an entire song or album.

It's no surprise that we'd like to try on our makeup before we buy it as well. What else could account for the ubiquitous free samples at makeup counters in malls and stores nationwide? But exactly how we sample makeup has become a central issue in a lawsuit filed by a California woman who claims a lipstick sample from a Sephora store gave her oral herpes.

Sephora Samples

Elena Davoyan asserts that while other stores use "lipstick wands or swabs" or have individual, disposable tubes to make samples more sanitary, Sephora instead encourages "common use" lipstick use, offering "shelves and shelves of open lipstick tubes" and pads to clean the lipstick off. Davoyan claims this setup, along with a lack of warnings about the dangers of shared samples led to her contracting oral herpes from a lipstick sampler in 2015.

"The bottom line," according to her lawsuit, "is that (there) are numerous simple solutions to prevent the spreading of diseases through lipstick testers, and that is Sephora's responsibility." Davoyan claims she never had herpes or even a cold sore before that fateful visit, and is suing Sephora for negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress. Her suit is seeking $25,000 in damages for an "incurable lifelong affliction."

Sephora the Source?

A study published in 2010 found staph, strep, and even E. coli bacteria on public makeup testers. Biological sciences researcher Elizabeth Brooks examined testers at makeup counters, specialty stores, and drug stores for two years. According to her research, on one Saturday she found 100 percent of the samples tested carried some sort of germ on it.

Sephora released a statement in response to the lawsuit: "While it is our policy not to comment on litigation, the health and safety of our clients is our foremost priority. We take product hygiene very seriously and we are dedicated to following best practices in our stores." And researchers at Johns Hopkins Medicine note that herpes is extremely common, estimating that somewhere between 50 and 80 percent adults carry the virus.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Can You Sue for Getting Herpes? (FindLaw's Injured)
• Woman Infected with Herpes Gets $6.7M, BMW (FindLaw's Injured)
• Woman Wins $900K in eHarmony Herpes Lawsuit (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/woman-claims-sephora-lipstick-sample-gave-her-herpes.html

Utah Nurse Gets $500,000 for False Arrest

The July confrontation in Utah made headlines nationwide: a University Hospital nurse standing off a Salt Lake City police officer, refusing to allow blood to be drawn from an unconscious patient involved in a car crash. Alex Wubbels correctly pointed out to Detective Jeff Payne the patient was not under arrest, Payne did not have a warrant to obtain the blood, and that he could not obtain consent from the unconscious man.

Payne arrested Wubbels anyway, ostensibly for obstruction of justice, but the nurse was released less than an hour later and never charged. Today, Wubbels and her attorney announced they have reached a settlement with the city and the university that owns the hospital for $500,000.

Civil Settlement

"We all deserve to know the truth and the truth comes when you see the actual raw footage and that's what happened in my case," Wubbels during a press conference. "No matter how truthful I was in telling my story, it was nothing compared to what people saw and the visceral reaction people experienced when watching the footage of the experience that I went through."

The nurse announced she will use a portion of the settlement funds to help people get body camera footage of incidents involving themselves for free. Wubbels also said she also will make a donation to the Utah Nurses Association and will help spearhead the #EndNurseAbuse campaign by the American Nurses Association. According to reports, the settlement bars future civil litigation over the matter.

Criminal Matters

Still, a criminal investigation into Wubbels' arrest remains ongoing, involving the Unified Police Department, the FBI, and the Salt Lake County District Attorney's Office. In September, Salt Lake City Mayor Jackie Biskupski announced an internal affairs investigation had found Payne and his watch commander Lt. James Tracy violated several department policies during their interaction with Wubbels, and the city's independent Police Civilian Review Board determined both officers violated department policies. The Salt Lake Police Department fired Payne, and demoted Tracey to the rank of officer.

The University of Utah is splitting the costs of the settlement with the city after reports found university officers failed to defuse the situation or defend Wubbels from arrest.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• What You Need to Know About Suing the Police (FindLaw's Injured)
• When Can I Sue Police for False Arrest? (FindLaw's Injured)
• Is It a Felony to Hit or Assault a Nurse? (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2017/11/utah-nurse-gets-500000-for-false-arrest.html