College Student Injured in 'Scumbag of the Week' Hazing Ritual Sues Frat

During Florida State University's Alpha Epsilon Pi chapter meetings, members select a "brother of the week" and a "scumbag of the week." Members would then spin a game-show style wheel to determine the latter's punishment, ranging from cleaning the frat's house alone, licking the chapter room floor, a free pass, or being slapped. Unfortunately for Nicholas Mauricio, he spun the last option.

Another AEPi member, Oliver Walker, stood in front of Mauricio, shook his hand, and then hit him "as hard as he could," according to witnesses, possibly with a closed fist. Mauricio was knocked unconscious, hit the floor, and was rushed to the hospital. Now he's suing his attacker and other frat leadership.

Scumbags

While there is a tendency to downplay fraternity hazing as college student hijinks, the consequences in Mauricio's case are dire. He lost a tooth from being struck, was hospitalized with a skull fracture and brain bleeds, and spent five days in intensive care at the hospital. Mauricio suffered frontal lobe damage, and, since the April incident, has experienced memory problems, migraines, and paranoia, all of which have prevented him from returning to school, according to his lawsuit.

The fraternity "owed a duty to Mauricio to act in a non-negligent manner," the suit claims. "The duty included but was not limited to ensuring that dangerous traditions that had the very real potential to be carried too far and cause serious injury were not continued."

"There seems to be no end to the hazing that occurs at fraternities despite the passage of tougher laws and the warnings from universities," Mauricio's attorney David Bianchi said. "This is yet another absurd tradition that AEPi has been carrying on for too long and no one in the leadership of the local or national fraternity cared enough to end it even though they knew it was going on." Bianchi is also representing the family of Andrew Coffey, another FSU student who died of alcohol poisoning in November during an off-campus fraternity party. Civil lawsuits often follow hazing injuries, and can be based on intentional actions, like assault, battery, and infliction of emotional distress, as well as unintended results like negligence.

Criminals?

Certain states have criminal hazing laws as well, even if they are tough to enforce. While Walker was charged with culpable negligence inflicting injury and battery in Mauricio's case, prosecutors declined to charge him with violating the state's hazing statute. Additionally, a judge tossed out felony hazing charges against members of Coffey's frat. Coffey was coerced into drinking an entire bottle of Bourbon at an off-campus Pi Kappa Phi party last year, but Leon County Circuit Judge Martin Fitzpatrick found the actions of four frat members didn't rise to the level of a felony. "The closest the State comes to such action is alleging that defendants created an opportunity for underage drinking," Fitzpatrick wrote, "and Mr. Coffey may have been encouraged to drink."

If you or a loved one has been injured in a hazing incident, contact an experienced personal injury attorney to discuss your legal options.

Related Resources:

• Browse Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• UNR's Sigma Nu Fraternity Sued for Wrongful Death of Freshman Pledge (FindLaw's Injured)
• Ex-Clemson Soccer Player Sues Over Hazing, Brain Injury (FindLaw's Injured)
• FAMU Hazing Ritual Tied to Student's Death (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/college-student-injured-in-scumbag-of-the-week-hazing-ritual-sues-frat.html

Top 5 Legal Facts About Football Injuries

Football season kicked off nationwide this month, but the focus hasn't solely been between the lines. Off-the-field controversies -- from political protests to paying college players -- have garnered just as much attention as teams' on-field clashes. And one issue that's been in football fans' and players' minds recently have been concussions, and the role leagues, athletic associations, and even doctors play in handling head injuries.

But those aren't even the only injuries football players and fans need to worry about. Here are five football-related injuries and what you need to know, legally.

1. Boy's Injury Not Helmet Manufacturer's Fault: Jury

While some people have looked to new technology to solve football's concussion problem, others have blamed old tech on past injuries. But juries have rarely found that the football helmet manufacturers can be held liable for concussions and other head injuries sustained in a violent sport.

2. New Football Controversy: Abdominal Injuries

While much of the recent focus has been, justifiably, focused on repeated hits to the head, abdominal injuries can be just as dangerous. Two high school football players passed away after taking hits to the chest or abdomen, one from a ruptured liver and another from a massive internal hemorrhage.

3. HS Football Coach's Extreme Practice Gets Him Sued

Any athletic competition carries a risk of injury. But what about practice? Yes, coaches need to prepare players for games, but when does training go too far? Probably when a high school coach uses a freshman as a tackling dummy and instructs players to break his legs.

4. Coaches Sued Over Teen's Hazing, Brain Injury

Football coaches can also find themselves in legal hot water for off-field incidents, like hazing rituals wherein players allow teammates to hit them "as hard as they could" without attempting to defend themselves. When a coach oversees such activity, and state laws prohibit hazing, they're probably getting sued.

5. 3 Unexpected Injury Hazards at Football Stadiums

It's not just football players that need to be worried about injuries, but fans as well. Navigating the stadiums, dealing with the weather, and interacting with rival fans can all prove to be dangerous.

If you've been injured playing or watching a football game, you might want to talk to an injury attorney about your legal options.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Should You Sign a School Sports Waiver? (FindLaw's Injured)
• Injured at a Sporting Event: Can You Sue? (FindLaw's Injured)
• Top 7 Questions for Sports Injury Lawsuits (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/top-5-legal-facts-about-football-injuries.html

Lawsuit Claims Negligence Against Lowe's Home Center

Brenda McMullen filed a negligence claim against Lowe's for injuries she suffered after stacked pavers fell on top of her. The case was filed in a Madison County courthouse in Indiana, but has since been moved to a federal court in Indianapolis based on interstate commerce, and the belief that damages, though currently unspecified, could reach over $75,000.

Paver Avalanche

Suing for negligence, McMullen claims that Lowe's improperly stacked and stored pavers, which fell and struck her. She sustained physical and emotional injuries, which she claim may be permanent. She continues to have physical pain and suffering. McMullen has also incurred medical bills from these injuries, which she believes will continue since she may have permanent bodily damage.

Lowe's Is No Stranger to Negligence Lawsuits

Lowe's was sued for a similar claim a few months ago in nearby Warsaw, Indiana. In that case, it was lumber boards falling on a customer instead of pavers. Lowe's may have a policy of taking all negligence claims by customers seriously, after a Las Vegas woman slipped on some watery gel coming from plants in the Lowe's nursery area. She hit her head on the fall, fracturing her skull which caused hemorrhaging. She suffered chronic neck pain and headaches, increased anxiety and depression, issues with balance and has permanently lost her senses of taste and smell. She sued for negligence. The jury empathized with the woman, and within one day of closing arguments, awarded her $13.14 million.

Slip and fall accidents are serious, and sometimes injuries one would think would heal quickly just never do. There are limits on how much time can lapse after the injury to file suit. If you have been involved in a slip and fall accident, discuss your case with an experienced premises liability attorney. Most will provide an initial consultation at no expense, and take your case on a contingency basis.

Related Resources:

• Find a Premises Liability Lawyer Near You (FindLaw's Lawyer Directory)
• 5 Biggest Recent Slip and Fall Cases (FindLaw Injured)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw Injured

from Injured http://blogs.findlaw.com/injured/2018/09/lawsuit-claims-negligence-against-lowes-home-center.html

1 Reason Why You Shouldn't Swordfight

Remember why your mother wouldn't let you get an official Red Ryder, carbine action, two-hundred shot range model air rifle with a compass in the stock and this thing which tells time for Christmas? Turns out that's also a good reason to avoid sword-fighting.

Jeremiah DuPrau learned that lesson the hard way, after he was stabbed in the eye by his sword-fighting instructor at the Milwaukie Elks Lodge in Portland, Oregon. DuPrau is suing his instructor and the lodge, claiming he is now legally blind.

Dangerous Daggers

According to DuPrau's lawsuit, he was attending his third class as a beginner student under Swordguild Portland instructor Jason Romandelle Brown when Brown called DuPrau over to volunteer as a prop to demonstrate a move for the rest of the class. Brown jutted a sword into DuPrau's eye, allegedly piercing his brain and shattering the bones of his face. DuPrau claims he is now unable to see through his right eye and retains only some of his vision in his left.

DuPrau's complaint claims both the instructor and the lodge were negligent in:

• Performing a demonstration move on Jeremiah DuPrau when it was unsafe to
  do so;
• In allowing for Jason Brown to conduct sword fighting demonstrations with
  defenseless novice students when Brown did not have the training and/or skill
  to safely conduct such demonstrations;
• In failing to provide Jeremiah DuPrau with the necessary safety equipment to
  prevent injury when performing a demonstration move; and
• In striking Jeremiah DuPrau with a sword and then penetrating his eye socket.

Cutlass Complaint

DuPrau also suffered a stroke after the sword entered his brain, according to his attorney, John Coletti, leaving the left side of his body partially paralyzed and making walking and balance difficult. "He's unable to drive, unable to ride his bike, unable to hike," Coletti added. "He actually had to give his dog away because he was unable to take care of it."

Neither Brown, the Swordguild, nor the Elks Lodge have responded to the lawsuit, which is seeking $9 million in economic and noneconomic damages. Now word on whether DuPrau signed a liability waiver.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Medieval Times Sued Over Newlywed's Eye Injury (FindLaw's Injured)
• Parents Sue Sword Maker After Teen's Traumatic Head Injury (FindLaw's Injured)
• Parents Sue Amazon and a Teenager for Sword Related Head Injury (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/1-reason-why-you-shouldnt-swordfight.html

Tesla Sued by Driver Over Autopilot Crash, Broken Foot

In yet another Tesla Autopilot crash, Heather Lommatzsch filed suit against Tesla in a Utah state court for negligence, among other claims. She crashed her Tesla Model S into a fire engine in May 2018 while Autopilot was on and she was looking at her phone. Lommatzsch was under the erroneous impression that the car would safely stop on its own if another object, like a fire engine, was in its way. She broke her foot in the accident, but also claims she has lost "the pleasures and enjoyment of life and physical impairment."

Tesla Autopilot -- Unsafe at Any Speed?

In 2015, Tesla rolled out its Autopilot program, which, when engaged, automatically takes on all of the car's breaking, steering, and lane switching duties. But due to multiple Tesla crashes, including two that were fatal, the Autopilot program apparently does not always do its job adequately. Lommatzsch claims that Tesla was negligent in putting a defective product on the market that doesn't do what it claims to do: avoid accidents. Also, she is is suing for failing to warn Tesla owners that it doesn't, in fact, avoid accidents.

To prove defective product, the plaintiff will need to prove that Tesla's Autopilot doesn't drive the car safely. And this may very well be proveable. Though Tesla has repeatedly claimed that its Autopilot feature reduces crash rates by 40%, this may be fake news. According to NHTSA, there is very little scientific data to back that claim. Many other competitors have similar technology, yet they have not rushed to put their product on the market. Plaintiffs may dig deeper into this, and find that there is a viable reason why the competitive landscape for self-driving cars is so desolate.

Autopilot Not Synonymous With Autonomous

Regarding failure to warn, Tesla claims that it has repeatedly stated Autopilot does not shift blame for accidents from the driver to Tesla. In fact, Elon Musk has been quoted as saying "The onus is on the pilot to make sure the autopilot is doing the right thing ... We're not yet at the stage where you can go to sleep and wake up at your destination. We would have called it autonomous ... if that were the case."

But saying it doesn't necessarily make it so. Drivers quickly get into the habit of paying very little attention to the road, lulled into being a passive passenger rather than an active driver. And it's possible, according to other companies in the driverless car space like Google and Zoox, that Tesla should have seen this coming.

If you or someone you love, has been involved in a Tesla crash with the Autopilot engaged, contact a local personal injury attorney, who can review the facts of your case, and provide you with sound legal guidance and recommend best next steps.

Related Resources:

• Find a Local Personal Injury Attorney (FindLaw's Lawyer Directory)
• Tesla Model S Autopilots Itself Into a Parked Police Car (FindLaw Legal Grounds)
• Tesla Pushes Back Requests for Crash Data (FindLaw Technologist)

from Injured http://blogs.findlaw.com/injured/2018/09/tesla-sued-by-driver-over-autopilot-crash-broken-foot.html

3 Legal Questions to Ask Before Surgery

Having surgery is a major life event. Whether it is elective or life-dependant, minor or major, wanted or not, every surgery carries risk. Risk of failure, lengthy recovery, and even risk of death. Assuming you have done your due diligence choosing a surgeon, here are three legal questions to ask before going under the knife.

1 What Is the Exact Surgical Procedure That Will Be Performed?

You may have been too nervous the first few times you spoke to your doctor about your upcoming surgery. And who would blame you? Maybe you're nervous. Or excited! Be sure you clearly understand what surgical procedure you will be undergoing. Take notes. Bring a friend. Record the conversation if the doctor allows. Ask for any handouts or links to websites that the doctor may recommend.

If the doctor performs a different procedure than what you agreed to, you can file a suit for medical malpractice and battery. Given your consent to one surgery, and receiving another, is not considered consent.

2. What Are the Risks and Complications?

Have a full understanding of what to expect after the procedure is over. Not only will that help in preparing for the days, weeks, or even months post-op, but that will also provide you with a good indication of whether the procedure was performed correctly or not. If you are told there should be no complications after an eye surgery, but you can't see five days later, perhaps something went awry, and you should seek medical help immediately. And perhaps also hire a lawyer to look into a medical malpractice claim. Evidence collected sooner, rather than later, will always be key to a successful malpractice recovery.

It's an unfortunate reality that not all medical malpractice cases are taken by lawyers. Sometimes, only the ones that are a "slam dunk" are taken on, since fees are only recovered after a successful suit. In some instances, doctors and hospitals may absorb the cost of any unforeseen risks and complications (legal language just shy of medical malpractice). If you have asked about the risks up front, chances are higher that doctors and hospitals understand that you have been informed and know what to expect, and what not to expect. They may therefore be more likely to pay for any additional costs associated with botched procedures.

3. What Are the Costs?

Work with your doctor and medical staff to determine your exact out-of-pocket expenses prior to having surgery. Post-op is an awful time for surprises. You will recover best in peace, which often requires knowing how much you will be expected to pay. The medical staff should be accustomed to contacting insurance companies, including medicaid, prior to performing surgeries to receive pre-authorization. They may not be able to give you an exact figure for all costs, but should be able to give you a fairly accurate estimate as well as what is included in that estimate, such as follow-up visits, hospital stays, anesthesia, etc.

If your bill arrives, and it doesn't mesh with what you were told, you have some work ahead of you. But if you spoke with the staff beforehand, you are prepared for this battle. You can dispute your bill with the surgeon, and with your medical insurance provider. If you can't get it lowered through these routes, file an appeal with your insurance company and with your medical provider's advocate. Sometimes barking up the chain of command can help. If none of these routes prove successful, contact a local health care attorney that specializes in medical billing disputes.

And if you feel you are the victim of medical malpractice or medical assault, contact a local medical malpractice attorney, who can listen to you situation and offer you the help you deserve and need.

Related Resources:

• Find a Medical Malpractice Attorney in Your Area (FindLaw's Lawyer's Directory)
• Find a Health Care Attorney in Your Area (FindLaw Lawyer's Directory)
• 7 Common Surgical Errors: When to Sue for Injuries (FindLaw Injured)
• 3 Common Medical Mistakes That Can Lead to Malpractice Lawsuits (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/3-legal-questions-to-ask-before-surgery.html

Cop Sued for $1 Million for Allegedly Giving DUI 'Out of Spite'

Few things are more upsetting than when officers or other government officials maliciously use their position of power. Just ask Donald Hamlett, who was pulled over not once, but twice, for DUI charges in Chesapeake, Virginia, during the same year, by the same police officer.

Cleared of both charges, Hamlett is now suing the arresting officer, Frank Chappell, for $1 million. He believes the second arrest was malicious prosecution, claiming Chappell did so "out of spite, ill-will and hatred." Chappell denies any wrong doing, and will be represented by a local City Attorney.

Let's Go to the Videotape

Hamlett, a 64-year-old musician, was driving home from an evening gig in January 2015 when Chappell pulled him over. Hamlett's dashcam recorded the arrest. In this first DUI trial, Hamlett claimed Chappell had misrepresented the events of the arrest. Though Chappell had testified in front of this judge numerous times, and the judge had never doubted Chappell before, he did feel there was some doubt based on the dashcam footage, and dismissed the charges against Hamlett. Perhaps Chappell, who had been recognized in 2012 by Drive Safe Hampton Roads for his enforcement of drunken-driving laws, was a little bent out of shape over this.

False Arrest -- Take Two!

Fast forward a few months post trial. Hamlett is driving the same car, coming home from a gig at the same location, on the same night of the week, and is pulled over for the same crime by the same officer. Hamlett's dashcam again records the arrest.

At trial, Hamlett is cleared again, this time by a different judge, but for the same reason -- insufficient evidence. Hamlett has had enough. He comes from a police family, and though he does believe officers deserve respect, perhaps this one may be a bad egg. Hamlett claims these arrests have affected his life tremendously, both financially and emotionally, and that is why he felt compelled to sue Chappell.

Did Chappell Have Probable Cause to Continue Prosecuting?

To prove malicious prosecution, which is a civil offense, Hamlett will need to prove that:

• He was charged for the DUI without probable cause.
• Chappell continued to pursue Hamlett's prosecution even though he didn't have probable cause.
• There are damages.

To prove there was no probable cause at the second DUI hearing, Hamlett will claim that, at the DUI stop, he did not fail a breathalyzer test (since none was properly administered), and that he didn't appear intoxicated. Hamlett claims he will be able to prove damages, as he is afraid to drive and take evening gig for fear of another DUI arrest by Chappell. Hamlett may have difficulty, however, proving Chappell continued to prosecute knowing that there wasn't probable cause. That's where the lawyers and experts will spar.

If you have been cleared in a criminal case and believe that you were the subject of a malicious arrest, contact a local personal injury lawyer, who can review the facts of your case, to see if you too have a case against the arresting officer. A lawyer can help clear your name, and potentially earn you a monetary judgment.

Related Resources:

• Find a Local Personal Injury Attorney (FindLaw's Lawyer Directory)
• Suing Police and Prosecutors for Wrongful Arrest, Prosecution, Imprisonment (FindLaw Injured)
• Man Framed for Murder by N.Y. Cop Gets $6.4M (FindLaw Injured)

from Injured http://blogs.findlaw.com/injured/2018/09/cop-sued-for-1-million-for-allegedly-giving-dui-out-of-spite.html