Archive for June, 2009


Jury Hears Closing Arguments in Wrongful Conviction Case

Federal jurors in Houston heard closing arguments Tuesday in a case involving a man who spent 17 years in prison after being wrongly convicted of kidnapping and sexual assault. Attorneys for the plaintiff urged the jury to award the man $35 million and hold the city responsible for misconduct by the Houston crime lab that led to the conviction. City attorneys asked jurors not to be “impassioned with sympathy” and limit any award to $1 million. George Rodriguez was convicted after a crime lab analyst lied about evidence that would have excluded Rodriguez as a suspect.

Juries Hand Down Sizeable Awards in Med-Mal Cases

Juries in Indiana have awarded plaintiffs $1.21 million and $5 million in two medical malpractice cases, the Indianapolis Star reports. The verdicts stem from cases involving an unnecessary foot surgery and a miscommunication about X-rays which caused the plaintiff to lose a portion of her stomach. Awards of this size are rare in the state, the newspaper says, and will be reduced because of caps on medical malpractice awards.

Judge Awards Damages to Paralyzed Trucker

A Florida judge on Tuesday awarded $14.6 million to a truck driver paralyzed in a 2007 accident. According to an attorney for Derry Brown Jr., the suit was filed against National Casualty Co. as an uninsured motorist claim. The accident occurred when the driver swerved to avoid another driver who ran a stop sign. Brown lost use of his arms and legs as a result of the accident and requires ongoing rehabilitation.

Settlement Reached in Firefighter’s Death

Frederick County (Maryland) reached a $300,000 settlement in the death of Andrew J. Waybright, a firefighter who died of heatstroke in 2002 while training for a full-time position with the county. His parents filed a wrongful death suit against the county after the 23-year old died, claiming the county was negligent by not identifying their son’s symptoms. In addition to the settlement, the training center will include a memorial for the firefighter.

Age Discrimination Case Overturned by Supreme Court

The U.S. Supreme Court overturned an award in an age-discrimination case, finding that plaintiffs must meet a higher standard when filing claims under the Age Discrimination in Employment Act than when filing claims under Title VII, which covers racial and gender discrimination. Although the court was split 5-4, the majority led by Clarence Thomas said that age cannot be “simply a motivating factor” when alleging age discrimination.

TSA Sued Over Searches

In March of 2009, Steve Bierfeldt was travelling through Lambert-St. Louis International Airport when he was detained by the Transportation Security Administration for nearly 30 minutes after he put about $4,700 in cash through a security x-ray machine. As the Director of Development for the Campaign for Liberty, a political organization affiliated with Ron Paul’s campaign for president, Mr. Bierfeldt was carrying the cash from the sale of materials at an event. The American Civil Liberties Union filed suit Thursday against the Department of Homeland Security alleging that the TSA is overstepping its authority and performing unlawful searches.

Nurses Can Provide Expert Testimony in Pennsylvania

A Pennsylvania state ban on allowing registered nurses to provide expert testimony has been overturned by the Pennsylvania Supreme Court. The impact of the decision may be limited because of 2002 legislation known as the MCARE Act which requires expert witnesses in medical professional liability cases to be a registered physician or a recent retiree. However Justice Debra Todd noted that MCARE does not apply to other cases, such as other professional liability cases or criminal cases.

Group Threatens Suit Over Bayer’s Health Claims

Bayer HealthCare’s claims that it’s One-A-Day Men’s Health Formula and 50+ Advantage supplements help prevent prostate cancer are misleading, according to a statement released by The Center for Science in the Public Interest. The group said it intends to sue the company if it does not stop airing ads claiming the ingredient selenium provides protection against prostate cancer. The Center points to a National Institutes of Health study which found selenium “no more effective than a placebo.”

Lawsuit Filed Over Commuter Plane Crash

Continental Airlines and Colgan Air were negligent in the crash of a commuter plane crash near Buffalo, N.Y. earlier this year, a lawsuit filed by the family of a man killed in the crash claims. In the lawsuit, the wife of Coleman Mellett alleges that the carriers were recklessly and wantonly negligent in the crash. The crash of Continental Connection Flight 3407 killed 50 people.

Worker Settles Suit Over Ferry Accident

A general contractor has agreed to pay $1 million to settle a lawsuit filed by an electrician who fell through a hole in a fueling pier at the St. George Ferry Terminal in 2006. According to the lawsuit, Russell Menicucci suffered herniated discs in his neck and back when he stepped through a large hole in the pier that was supposed to be covered by concrete. The settlement is to be paid by the contractor’s insurance carrier.

 

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