Santa Clara County reached a $2.3 million settlement in the death of Matt Peterson, a cyclist who was killed after a sheriff’s deputy fell asleep at the wheel and drove into a group of cyclists. Another cyclist was killed and one was injured. The county, who accepted responsibility and has apologized to the victims’ families, is still in negotiations on the other parties.
A civil lawsuit filed over two 1964 murders can proceed after the presiding U.S. District Court Judge cited a 5th U.S. Circuit Court of Appeals decision which stated the statute of limitations “does not run until the plaintiff is in possession of the ‘crucial facts’ that he has been hurt and the defendant is involved.” According to the lawsuit, information was uncovered in 2007 that the county sheriff and deputy conspired with the Ku Klux Klan in order to commit and hide the murders. The judge ruled that, if the claim was correct, the suit should be allowed to move forward based on the new information.
An injured customer and his wife were awarded $1.5 million by a jury after he was hurt at a local home improvement store. In the lawsuit, the customer claimed he was hurt after a pallet of plywood fell from a forklift and hit a barricade, which knocked him over and caused injuries to the neck and spine. An agreement was previously reached with the company for punitive damages.
Autism advocates have filed a lawsuit against the California Department of Managed Health Care to force the department to require insurance companies to pay for physician-ordered services. Insurers argue that physician-ordered behavior-modification therapy for autistic patients is educational and not a valid medical expense, resulting in a denial of coverage. Coverage disputes previously sent by the department to independent medical panels are now being redirected to the department’s coverage-dispute division, which advocates allege is now resulting in loss of services.
In an effort to reduce liver failure and acetaminophen overdoses in the U.S., an expert panel has made several recommendations to the Food and Drug Administration. The panel endorsed a decrease in the maximum dosage of acetaminophen recommended and the removal of prescription drugs that combine it with other painkillers. The FDA will review their decision and decide whether to implement the panel’s recommendations.
A California woman is waging a personal battle to raise awareness about the dangers of certain swimming pool filters following the death of her husband. Jim Halverson suffered fatal injuries when his pool’s two-piece, kettle style filter exploded and struck him in the head. Attorneys and other consumer advocates argue that a design flaw in the kettle-style or canister filters can make them extremely dangerous. At least 22 similar incidents and four deaths have been attributed to the filters since 1982, according the Consumer Product Safety Commission.
A tugboat crew member can pursue a punitive damages claim against his employer for injuries suffered on the job, the Supreme Court ruled on Thursday. In a 5-4 decision, the court found that there was no legal impediment to punitive damages in the case. The lawsuit stemmed from Atlantic Sounding Co.’s refusal to pay for the worker’s medical care and time off. The case is Atlantic Sounding Co. v. Townsend.
A McDonald’s franchisee and the company that owns the land where the restaurant sits were negligent in the strangling death of a 21-year-old man, a Florida jury has ruled. Jurors found that Brickman Management Company and B&B Cash Grocery Stores failed to provide adequate security for the parking lot where the incident occurred. Jurors awarded a total of $1.5 million to the parents of the victim.
The parents of a former middle school student can pursue their lawsuit against an Arizona school district over the strip search of their daughter, the Supreme Court has ruled. In an 8-1 decision, the justices found that school officials violated the rights of the then 13-year-old girl who they believed was hiding prescription-strength ibuprofen in her underwear. Individual school officials cannot be held liable for the search, the court also ruled.
The California Department of Transportation was partially negligent in a crash that killed two teenagers, a jury has ruled. According to the lawsuit, the agency knew the rolling mountain road was unsafe. The jury agreed and awarded $6.3 million in damages to the families of those killed and a survivor injured in the accident.
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