Archive for June, 2009


Advocates Warn of Pool Filter Dangers

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.

Supreme Court OKs Punitive Damages in Tugboat Case

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.

Jury Awards Damages for Wrongful Death

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.

Justices Rule Strip Search Suit Can Proceed

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.

Jury Awards Damages in Fatal Crash

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.

Grout Cleaner Liability Suits Move Forward

Dozens of product liability lawsuits over injuries allegedly caused by a tile grout cleaning product will go forward as general negligence claims, a federal judge has decided. However, in ruling on the multidistrict litigation, U.S. District Judge Thomas W. Thrash Jr. granted summary judgment in favor of Home Depot and five companies tied to the manufacture and distribution of Stand ‘N Seal regarding consumer product safety claims. The case is In re Stand ‘N Seal Products Liability Litigation.

Insurer Refuses to Pay Damages to Accident Victim

A New Jersey county’s insurance company is refusing to pay a multimillion dollar verdict awarded to an accident victim because it says the county mishandled a lawsuit stemming from the accident. State National Insurance Co., the excessive-liability insurance carrier for Camden County, claims that a county attorney did not properly prepare for trial or adequately update the insurer on the case. In 2008, a jury awarded $31 million to the victim after concluding that the county failed to properly maintain the road where the accident occurred

Judge Tosses Class in Sprint Billing Case

A federal judge has declined to certify a national class action against Sprint Nextel Corp. over claims of unfair billing practices. In a written decision, U.S. District Judge Robert Bryan found that plaintiffs failed to show that handling the case as a class would be more efficient than hearing the cases individually. Consumers allege that the wireless provider overcharged for data-card services and refused to provide refunds.

FDA Announces New Pistachio Recall

Pistachios distributed to airports and hotels nationwide may contain salmonella, the Food and Drug Administration warned consumers on Monday. According to the agency, California Prime Produce and Orange County Orchards brands of pistachios may contain nuts included in a previous recall of Setton Pistachio of Terra Bella Inc. In an interview, an agency spokesperson said the company that repacked the nuts, Orca Distribution West Inc., did not publically announce the recall.

Court Rules Malpractice Suit Should Proceed

A Wisconsin judge erred in dismissing a medical malpractice lawsuit filed by an elderly woman, a state appeals court has ruled. According to the lawsuit, Dr. Mark Wikenheiser was negligent in causing nerve damage and partial foot paralysis during a 2003 hip surgery. The 3rd District Court of Appeals panel found that a jury should resolve factual disputes in the case.

 

Ted Bills