Monday, April 30, 2018

USC Fraternity Settles Drone Injury Lawsuit

A lot of unfortunate things can happen at a frat party. Usually, recovery simply entails plenty of water, a greasy breakfast, and a temporary ban on words like "vodka" and "beer." But sometimes the injuries are much worse, and the recovery much tougher.

One student attended a frat party at USC back in 2015, but instead of just a hearty hangover, she was hit in the head by a drone. Now, that student and the USC fraternity have reached a settlement in her drone injury lawsuit.

Injured Woman Bled "Vigorously"

Alina Pituch had been at a party at Pi Kappa Phi's Delta Rho Chapter in October of 2015 for about 15-20 minutes when a drone fell and hit her on the head, knocking her into a friend. According to her lawsuit, she "immediately began to bleed vigorously." She says she suffered injuries to the back of her head, forehead, and left eye, and that she became dizzy and disoriented.

Filed Drone Lawsuit Against Frat, Event Company

Pituch stated in her lawsuit that she is still suffering the effects of the drone incident. She has permanent scarring, has met with plastic surgeons regarding her injuries, and has difficulty concentrating on school work thanks to the headaches that began after the accident. Pituch filed her drone injury lawsuit against the USC fraternity and The Perfect Event, the event-planning company hired by the fraternity. The event company had hired the drone operator. The lawsuit included claims of negligence and premises liability.

However, in papers filed with the court on April 12, Pituch's lawyers stated that the lawsuit had been resolved, although no terms of the settlement were released. Both the USC frat and the event-planning company had denied any wrongdoing in the drone injury lawsuit.

While many people treat them like toys, drones can cause serious injuries. If you or a loved one was injured by a drone, speak with an attorney who can assess the strength of your case and inform you of your legal options.

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from Injured https://blogs.findlaw.com/injured/2018/04/usc-fraternity-settles-drone-injury-lawsuit.html
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Friday, April 27, 2018

Woman Injured in Oregon Natural Gas Explosion First to File Lawsuit

On October 19, 2016, a powerful explosion ripped through Portland's Northwest 23rd Avenue area. A natural gas line maintained by Loy Clark Pipeline exploded, leveling some buildings, and shattering windows in many others nearby.

Gail Needham was working in one of those nearby buildings as a dental hygienist. The force of the explosion shattered the windows of the examination room where she was working with a patient, pushing her to the floor, sending glass shards into her back, and giving her a concussion. Needham filed a lawsuit against Loy Clark this week -- the first such suit following the blast.

Explosive Effects

Needham is still suffering the effects of the blast today. She still has trouble seeing, experiences ringing in her ears, and has suffered hearing loss, according to her lawsuit. Her doctor said Needham could only then started reading again a year after the explosion, but still has "bad days" when she couldn't read at all. She also still suffers from headaches and post-traumatic stress disorder, and has only been able to return to work part-time.

Needham is suing Loy Clark for $20,000 in lost wages, $19,000 in medical bills, and an additional $650,000 for pain, suffering, and interference with her daily activities.

Blast Settlements

Loy Clark, for its part, has admitted fault in the explosion, and spokesperson Andrea Blessum told the Oregonian that the company and its insurer have settled or closed around 88 percent of all claims filed in response to the explosion. "I'd like to believe the number of claims we've closed is a sign that we're working with people who've been impacted to do what we can to help them recover."

Needham's attorney, Jason Kafoury, said settlement talks with the company's insurer have been unsuccessful because his client's medical bills are still accumulating and her physical condition hasn't stabilized yet.

The Oregon Occupational Safety and Health Administration determined Loy Clark Pipeline dug into a sidewalk without first checking to see if there were natural gas lines underneath, and fined the company $4,900 for safety violations.

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from Injured https://blogs.findlaw.com/injured/2018/04/woman-injured-in-oregon-natural-gas-explosion-first-to-file-lawsuit.html
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Wednesday, April 25, 2018

Pastor's 'Blessing' Caused Brain Injury, Lawsuit Claims

Most church-goers expect their place of worship to be a source of healing and spiritual renewal. But one Georgia woman claims her pastor's blessing did far more harm than good when it caused her traumatic brain injury. Now, the woman is suing the church and the pastor as she continues to suffer from the effects of the incident.

Congregant "Slammed the Back of Her Skull"

Yvonne Byrd arrived at Hopewell Missionary Baptist Church in Norcross, GA early on March 5, 2017, to sing in the choir. Bishop William Sheals, 71, began blessing congregants during the second service, and when it was her turn to receive a blessing, Byrd says Sheals "pushed her forehead with such force, that it caused her to fall backward and slam the back of her skull against the hard floor." Other members received their blessing via a simple touch to the head.

Byrd's attorneys say that the blessing knocked her unconscious, although it took some time for other church members to realize she was on the ground and not moving. She had to be treated at a local hospital and spent several weeks at rehab facility. Byrd, a member of the megachurch for 15 years, says she is still recovering from the mild traumatic brain injury.

Pastor "Reckless and Negligent"

Byrd's lawsuit claims that the Hopewell church "had a duty to adequately supervise and train its employees, including Defendant Sheals, as to appropriate and safe physical contact with congregants during church services." It also states that Sheals was reckless and negligent when he gave Byrd the brain-injuring blessing.

Her lawsuit is seeking an unspecified amount of damages for personal injuries, medical expenses, and permanent physical and psychological damages. Neither the church nor the pastor seems to have commented on the lawsuit, except to say that they have not received any formal information on the matter.

Just because someone doesn't intend to inflict harm doesn't mean they shouldn't be held accountable for the result of their actions. If you were injured by someone -- church-related or not -- speak with a personal injury attorney to discuss your options for compensation.

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from Injured https://blogs.findlaw.com/injured/2018/04/pastors-blessing-caused-brain-injury-lawsuit-claims.html
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Monday, April 23, 2018

Parkland Victim Files Lawsuit Against Gunman and Foster Parents

No child should have to endure what those at Parkland High School went through during the mass shooting at their school on February 14. Understandably, many are asking questions about how it could have been avoided, whether there were missed warning signs, and how to avoid this type of tragedy in the future.

In answer to some of those questions, one of the Parkland victims is suing the gunman, his mother's estate, the family the gunman stayed with, and three mental health facilities. He claims that those entities share some of the responsibility for the shooter's actions that day.

Student Used Own Body as Human Shield

Anthony Borges is a 15-year-old student praised for saving as many as 20 lives when he barricaded a door and used his body to shield classmates as Nikolas Cruz opened fire at the Florida high school, killing 17. Anthony was shot five times through the door and spent seven weeks in the hospital. A third of his lung was removed and he will need additional surgeries.

Suing Parkland Gunman, Others

Borges' parents, Royer Borges and Emely Delfin, filed the lawsuit on Anthony's behalf and are seeking damages over $15,000, attorney's fees, and court costs, among other damages. Included among their claims against Nikolas Cruz, foster parents James and Kimberly Snead, his deceased mother's estate, and three mental health facilities are the following:

  • The Sneads were negligent because Cruz had access to one or more guns while staying with them; and "specifically the AR-15 rifle that he subsequently used in committing the massacre at Marjory Stoneman Douglas High School."
  • Henderson Behavioral Health was negligent because they did not hospitalize Cruz after their psychiatric evaluation determined that he was "not a risk to harm himself or anyone else because he was on a treatment plan for ADHD, depression, and autism."
  • Jerome Golden Center for Behavior Health "knew or should have known" that Cruz "suffered from mental illness and was a threat to others." The center's CEO claims they had no contact with Cruz.
  • Lynda Cruz (the gunman's deceased mother) "owed a duty to the public" to have her son properly diagnosed and treated (she reported her son's violent behavior on multiple occasions), and to prevent him from obtaining weapons.

According to Borges' attorney, the Parkland victim also plans to sue the Broward Sheriff's Office, among others.

Too many innocent victims are harmed everyday by the actions and negligence of others. If you've been injured, it might not be clear who the responsible parties are. Speak with an attorney to better understand your rights and legal options.

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Weapons at School (FindLaw's Learn About the Law)



from Injured https://blogs.findlaw.com/injured/2018/04/parkland-victim-files-lawsuit-against-gunman-and-foster-parents.html
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Lawsuit Against Online Gun Seller Can Continue, Court Rules

There's no denying the national debate on gun control has reached a fever pitch in recent months, with more shootings and the media attention that follows. The questions that always arise after these shootings include: How did this person get a gun? Was it obtained legally? Should we change the law to prevent this type of thing from happening in the future?

After a tragic incident in Wisconsin claimed four lives, investigators learned that the shooter had purchased his gun online. Now, the daughter of one of his victims is suing that website over her mother's murder. And although one court dismissed the case, an appeals court has ruled that the lawsuit against the online gun seller can continue.

A History of Domestic Violence and an Online Gun Purchase

In October of 2012, Radcliffe Haughton opened fire at a Milwaukee-area spa, killing four people, including his estranged wife, Zina Daniel Haughton and himself. But with a history of domestic violence and a restraining order granted just days before the shooting, Haughton was not supposed to have any firearms, according to federal law.

However, Wisconsin law only requires background checks and a 48-hour waiting period for dealer purchases, not private sales. That appears to be why Haughton went online and bought a handgun from a private seller through the website Armslist.com.

Lawsuit: Website Facilitated Illegal Gun Purchases

The lawsuit against the online gun seller was filed by the gunman's stepdaughter, Yasmeen Daniel, and claims that the website design encouraged and facilitated the illegal gun sale and lacked appropriate safeguards. The gunman found the private seller through Armslist, and communicated with him through the website. The actual purchase occurred in a fast food parking lot.

The circuit court had dismissed the case, saying that the website couldn't be held liable for publishing third-party content. However, the Wisconsin Court of Appeals reinstated the lawsuit, ruling that it seeks liability for using a "website design feature to facilitate illegal firearms purchases," which is not protected by state or federal law.

Gun violence affects a lot more people than just those in the stories that make the news. If you've been hurt or threatened by someone with a gun or other weapon, you should report the incident to law enforcement. After that, speak to an attorney about additional steps you can take for your protection and to seek compensation.

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from Injured https://blogs.findlaw.com/injured/2018/04/lawsuit-against-online-gun-seller-can-continue-court-rules.html
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Friday, April 20, 2018

When to Sue for Weight Loss Surgery Injuries

There is a certain standard of care that surgeons owe their patients -- that their level of skill, expertise, and care is the same possessed and practiced by physicians in the same or similar community, and under similar circumstances. While this standard was once geographically relative, the same standard applies to all doctors practicing the same medicine nationwide.

So weight loss surgeons in Manhattan, Kansas are held to the same standard as those in Manhattan, New York. (Whether those in Tijuana, Mexico will be called to account in American courts remains to be seen.) As with any surgical procedure, gastric bypasses, lap-band procedures, and other weight loss surgeries can be risky. But if something goes wrong, when can you sue the surgeon or clinic for damages?

Surgical Standards of Care

The answer will depend on the standard of care and whether your surgeon met it. The idea behind a standard of care in medical malpractice cases is to determine whether a medical professional acted in a manner consistent with the expectations of the medical community. If a weight-loss surgeon did not do what is expected of other surgeons in that field, they could be held liable for any harm that comes from not adhering to those standards.

Proving that standard -- and a surgeon's failure to meet it -- in court, however can be more difficult than it sounds. You would need expert testimony defining the applicable standard of care, and proving that your surgeon was negligent in your case by failing to provide that standard of care. This can become problematic because the experts in the field tend to be doctors, and doctors tend to avoid calling each other negligent.

Post-Surgery Steps

If you think your weight loss surgeon was negligent in some aspect of their care, there are some important first steps you want to take in order to build a medical malpractice case:

  • Collect All Relevant Paperwork: diagnoses, prescriptions, bills, and any other tangible documents you've received from medical professionals regarding the surgery could be relevant;
  • Contact the Medical Professional Involved: sometimes a conversation can actually clear things up;
  • Contact the Relevant Medical Licensing Board: the board can't compensate you for injuries (or force the surgeon to) but it can issue warnings or discipline to the surgeon; and
  • Know How Long You Have to File a Claim: state statutes of limitation on medical malpractice claims can vary widely and you don't want to miss a deadline.

Finally, you'll want to contact an experienced medical malpractice attorney to review your possible claims. Contact one in your area today.

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from Injured https://blogs.findlaw.com/injured/2018/04/when-to-sue-for-weight-loss-surgery-injuries.html
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Family Sues Resort Pool for Wrongful Death Drowning

There's a special pang of anxiety that the sight of a pool causes in the hearts of parents with small children. And with good reason, since there are countless stories of children drowning or being severely injured around them. One Ohio family experienced this nightmare last year when their four-year-old little girl drowned at a South Carolina resort. Now, the family is suing the resort pool for wrongful death.

A Drowning, a Birthday, and a Tragic Loss

Lierra Stevenson was four years old when she and her family visited North Beach Plantation in North Myrtle Beach, SC. At some point, Lierra was pulled from the pool, unresponsive. When emergency personnel arrived, bystanders were performing CPR. Despite these efforts and the use of an external defibrillator by North Myrtle Beach Fire Rescue, the girl was still unresponsive and was rushed to a hospital. She remained on life support and even turned five while in the hospital, but sadly passed away after 11 days.

Resort and Caretakers Negligent

Sierra Coleman, Lierra's mother, filed the lawsuit which lists North Beach Towers Homeowners' Association, Felicia Dinkins, and Sanlis Caminero as defendants. According to the complaint, Dinkins and Caminero were caring for Lierra at the time of her drowning. Coleman claims that North Beach was negligent because there was no life guard on duty at the time of the incident, they created unsafe conditions, failed to maintain the pool or warn people of unreasonable risks, and didn't have life-saving equipment nearby.

In terms of Dinkins and Caminero, the suit doesn't name their relationship to Lierra. However, it does say that they were reckless and negligent for not supervising the little girl and for failing to properly train employees.

While pools offer plenty of fun and relaxation, they're also a huge source of injuries. If you or a loved one suffered injuries while at the pool, the pool's owner may be liable. Speak with an attorney to discuss your case and whether you should move forward and take legal action.

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from Injured https://blogs.findlaw.com/injured/2018/04/family-sues-resort-pool-for-wrongful-death-drowning.html
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