Injured - The FindLaw Accident, Injury and Tort Law Blog

November 2009 Archives

Minnesota Bus Crash Kills 2 after Driver's Aneurysm

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The cause of a fatal Minnesota bus crash may be due to the fact that the bus driver suffered from an aneurysm bursting in his chest while he was driving.

The AP reports that the crash occurred on the Strain Bus Line which was operating a tour bus to an Iowa casino.

The bus driver, Ed Erickson was driving the bus on a clear Wednesday afternoon on Interstate 90 near Austin, Minn. when he lost consciousness due to the chest aneurysm before the crash occurred. The bus actually crossed over the median dividing the highway from the eastbound lane it was traveling in. The bus made it all the way into westbound lanes before it ended up in a ditch.

A video that details the crash can be viewed here:

DOT's 2009 Bus Safety Action Plan Urges Seat Belts

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The United States Dept. of Transportation has released its Motorcoach Safety Action Plan last Monday. This comes at the heels of an investigation into a fatal crash in Texas and another crash this week in Minnesota. The fatal bus crash in Texas occurred in the summer of 2008 because of a tire puncture. We covered both crashes on the Injured blog here and here.

Many would be surprised to know that currently, buses are not required to have seat belts installed.

The bus safety action plan proposes the installation of seat belts on all buses. This is important because DOT's 2009 action plan outlines how data shows that passengers being ejected from their seats due to a rollover crash causes the greatest number of deaths: "[D]ata indicates that ejection due to a rollover crash causes the highest percentage of motorcoach passenger fatalities. NHTSA determined that installing seat belts would be the most direct method of retaining passengers within the seating compartment and preventing ejection."

The action plan put forth by the DOT strives to prevent fatalities like this from happening. The DOT expects that this action plan will result in a reduction in the number of bus crashes as well as a reduction in the number of fatalities and injuries.

Driver Texting about Drug Deal Injures Cyclist

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Bicyclist Lisa Granert was wearing a reflective vest and a helmet while she was riding her bike along Route 70 in New Jersey but it was of little help when she got struck by a car operated by a man distracted because he was texting.

Philly.com  reports that Robert Sharrer told police that he was texting while he was driving. The worst part? It was a text about a drug deal. While he texting about the drug deal, his car drifted to the shoulder and struck Ms. Granert.

He was allegedly texting about the sale of prescription drugs that he was in possession of at the time of the crash. The unauthorized prescription drugs were found in the car. As a result, Mr. Sharrer has been charged with possession with an intent to distribute.

Molestation Suits vs the Mormon Church, Boy Scouts

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Portland Oregon attorney, Kelly Clark, filed suits in Washington, Oregon and California on Monday, charging the Mormon Church and the Boy Scouts of America with liability for the molestation of his clients when they were children.  The cases, against both organizations in San Francisco and Seattle and against the Church alone in Portland, all concern allegations of molestation that took place in the 1970's and '80's. Clark has a long standing practice specializing in representing victims of abuse.

School Hit With a Lawsuit over Dodgeball Game Injury

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A Bronx school was hit with a lawsuit because a 12 year old was injured during a school dodgeball game while he was sitting on the sidelines.

According to the New York Daily News, 12 year old Shane Reese of the Bronx was hit in the face with a soccer ball and suffered a mouth injury during a game of dodgeball at public school IS 219. The City of New York has offered Reese $20,000 in order to settle the lawsuit.

His lawyer Mark Weinberger is quoted by the New York Daily News  as saying: "Soccer balls were flying all over the place. There was an issue of lack of supervision." According to the lawsuit, gym teachers gathered over a 100 students into a gymnasium and gave them soccer balls to play dodgeball with instead of the more gentle red dodgeballs that are typically used in the schoolyard activity. Soccer balls are typically harder and hurt more when an individual is hit with it.

Officer Shooting of AZ Man Results in $20 Million Lawsuit

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The family of an Arizona man who was shot by police while he was holding his baby daughter has filed a lawsuit against the city of Scottsdale. The lawsuit is for $40 million dollars.

According to The Examiner, the scuffle between Scottsdale police and Mr. David Hulstedt occurred on November 7, 2008. The police department received a telephone call from a man who identified himself as David Hulstedt. He told the dispatcher who received his call that there was a crisis. When the dispatcher heard a baby crying in the background, she asked if Mr. Hulstedt was hurting the child.

Mr. Hulstedt responded to her query with: "I'm not going to tell you. I want you to send her to my house. I want to meet with her. I'm done talking here." Mr. Hulstedt was talking about his desire to meet with Arizona's governor Janet Napolitano. He wanted the governor to come to his house. No one knows why he was upset or wanted to the governor to come to his house. He hung up the phone on the dispatcher.

When the dispatcher called back, the man's mother told the dispatcher that her son was "mentally distressed".

Can You Sue for Getting an STD?

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Sexually transmitted diseases are on the rise. The AP reports that chlamydia has hit a new record in 2008 with 1.2 million new cases of the disease. The sexually spread disease is often symptomless, but one of its devastating effects is that it renders women infertile. It was the most STD cases ever reported to date for the disease.

Other STD cases have been on the rise too. Approximately 13,500 cases of syphilis have been reported in 2008. It was on the verge of being an extinct disease in the United States ten years ago. This means that there is a surge in new cases for this particular STD. Syphilis can be fatal.

The other two STDs that have seen a steady rise are HPV (Human Papillomavirus) and herpes. The STD cases for both of those reach in the millions. There is currently no cure for herpes.

If there are so many new cases of these STDs, it seems like there will soon be a rise in lawsuits about STD transmissions.

Fighting Kite Fights: Boy's Family Sues NYC

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Jared Kopeloff of Flushing, Queens was just minding his business while skateboarding when he was slashed in the throat by a stray kite wire that was encrusted with glass shards.

The kite wire is used in a sport made popular by the book The Kite Runner. It is a South Asian sport that is particularly popular in the Afghani community in Flushing and is commonly played in Flushing Meadow Park. It uses strings encrusted with shards of glass in order to cut opponents' kites in what is known as "kite fighting." The fighting kite that gets cut falls from the sky until there is only one fighting kite left. That kite flier is declared the winner of the kite fight.

Travis Barker DJ AM Lawsuit Now Claims Wrongful Death

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The lawsuit that Travis Barker and DJ AM (also known as Adam Goldstein) filed against Learjet for the crash that they suffered injuries from September 2008 was amended to include a claim of wrongful death by the late DJ AM's mother Andrea Gross.

The lawsuit now claims that DJ AM's death from an accidental drug overdose was directly related to the Learjet crash he and Travis Barker were in. According to Rolling Stone, DJ AM's family claims that the medication that DJ AM took during his hospital stay as well as the mental toll the crash took on him were the reasons that DJ AM resumed his drug use after ten years of sobriety.

Did Doc Inseminate Patient with Own Sperm? Suit Settles

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A racially mixed couple from Connecticut are shocked because they recently found out that a complete stranger is the biological father of their twin girls. Now before this turns into a Maury Povich show special questioning the wife's fidelity, it seems like the father could be the fertility doctor that the couple went to for artificial insemination.

In a lawsuit filed back in 2005, the couple argued that Dr. Ben Ramaley used his own sperm to artificially inseminate the woman. The lawsuit was settled this week.

CBS News reports that the case was settled for an undisclosed amount of money and a confidentiality agreement was signed. As a result, the family and the doctor refuse to comment on the case. The question of the twin girls' paternity still hangs in the air.  

For Blind Gamer, Lawsuit Against Sony Is Clear

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The Examiner reports that Sony is facing a lawsuit from a blind gamer named Alexander Stern in California. Mr. Stern contends that even after repeated requests he made to Sony via email to revise their games to make them more accessible, the company did not revise their games. For blind gamers, this is a big deal.

The gamer sued under Title III of the ADA and under California civil rights law.

ADA Title III requires that all public accommodations and facilities from commercial and non-profit entities be accessible to disabled Americans.

While the law historically applies to physical accommodations, Stern alleges them broad enough to include the virtual world as well. While his complaint makes referrence to the brick and mortar Sony stores that sell Sony's games, his primary argument is that the gaves themselves are goods, services, privileges, advantages or accomodations of the stores, thus bringing them under Title III of the ADA.

That's Hot! The Lawsuit Against Hot Food Survives

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Dunkin' Donuts cannot be pleased about a recent complaint with shades of the famous McDonald's lawsuit. Surely everyone remembers the 1994 case against McDonald's, Liebeck v. McDonald's Restaurants. Woman spills coffee. Coffee is hot. Woman suffers 3rd degree burns and is awarded $2.86 million in court.

Is the Carrie Prejean Sex Tape Child Pornography?

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We all know that Carrie Prejean was involved in making a sex tape that proved the undoing of her legal battle with the Miss California USA Pageant. What we don't know is what implications that this may hold for the former Miss California USA, her ex boyfriend, the pageant and anyone else who distributed or showed the video. There may be something more than just a simple violation of privacy. The tape could actually be criminal.

Since Carrie Prejean was only 17 years old during the filming of this video, it could strictly be understood as child pornography. This likely explains why the Prejean sex tape itself has not been more widely disseminated on the internet, as websites could take on huge liability forp putting up child pornography.

Prejean shot the video by herself and then she sent it to her boyfriend at the time.  

According to the Sentencing Law and Policy blog, the video that Carrie Prejean shot could be viewed as "use of a minor engaging in sexually explicit conduct" which is against federal law. Anyone who produces material that uses the sexual exploitation of minors violates strict child pornography law. Specifically, this law falls under 18 USC 2251. Anyone guilty of this crime is subject to a 15 year mandatory minimum sentence.

Toyota Lawsuit Over Sudden Acceleration Picks Up Speed

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A class action lawsuit was filed by CA residents Seong Bae Choi and Chris Chan Park on Nov. 5, 2009 against the popular car maker Toyota.

The plaintiffs claim that sudden acceleration is a problem that is present in many makes and models. This particular problem has caused countless unintended accidents and crashes. They also contend that in spite of Toyota's knowledge of the problem, that Toyota has failed to address the safety issue.

According to Bloomberg, there have been over 2,000 complaints about sudden acceleration. The lawsuit also contends that the sudden acceleration has been the cause of 16 deaths and over 200 injuries.

Christopher Bizilj Uzi Death Triggers Wrongful Death Suit

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The family of 8 year old Christopher Bizilj (who died because of a Micro Uzi machine gun accidentally discharging during a Westfield Connecticut gun fair last year) filed a civil wrongful death lawsuit. The lawsuit is for $4 million dollars.

A newsclip of the story can be seen here:

 

KBR, Halliburton Sued Over Burn Pits

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There are currently 16 lawsuits pending against American military contractors KBR and Halliburton, claiming that they poisoned scores of American troops by burning everything from human corpses to asbestos in huge open air burn pits.

These lawsuits also include a Turkish company called ERKA. However, this post will focus on the American parties named in these suits.

KBR was Halliburton's subsidiary until 2007. They are now two separate corporate entities.

The lawsuits center around large open air fire pits that allegedly compromised the health of American soldiers and private contractors in Iraq and Afghanistan.

The lawsuits claim that these open air pits emitted extremely hazardous fumes. The suits claim that the companies burned a range of hazardous materials in these pits such as human corpses, animal carcasses, and asbestos.

Yaz Lawsuits Spell More Legal Trouble for Bayer

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More and more women are filing lawsuits against drug company giant Bayer Corporation because of side effects caused by their contraceptive Yaz and Yasmin (precursor to Yaz).

According to attorneys who have sued Bayer, the birth control pill has been associated with severe side effects such as heart attacks, blood clots and strokes.

Most lawsuits have centered on Bayer's negligent and fraudulent marketing. The lawsuits claim that Bayer has fraudulently represented that Yaz has been tested and was found to be safe. The lawsuits also detail how Bayer concealed the very dangerous side effects of the medication during its commercial.

Punishment for Pilots? NWA Pilots Fight FAA Decision

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The two pilots on Northwest Flight 188 who flew past their destination more than 100 miles are fighting the Federal Aviation Administration's (FAA) decision to revoke their licenses.

The incident occurred on October 21. The pilots claimed that they were so engrossed with their laptops looking at Northwest Airline's new scheduling policy, that they lost track of time. We outlined their behavior as well as other instances of pilot negligence in our previous post in Injured here.

The distracted pilots had their licenses revoked shortly thereafter. According to CNN, both pilots filed appeals against the FAA's decision.

Utah Refinery Explosion Ignites Safety Questions

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Silver Eagle Refinery in Woods Cross, Utah had a severe explosion that caused damage to ten homes in the area. The refinery is located five miles north of Salt Lake City.

This is the refinery's second explosion this year. The first occurred in January of this year. In that explosion, a fire had burned for 11 hours straight.

The AP reports that this current blast started in a vessel called a diesel hydrotreater which removes sulfur compounds from diesel fuel.

According to AP, federal records show that Woods Cross refinery had fires in 2003, 2005 and 2007, in addition to the two explosions this year.

Refinery Explosion Aftermath: OSHA Fines BP $87 Million

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According to CBS, the multinational oil company BP has been hit hard with a fine from the Occupational Safety and Health Administration. That fine is worth $87 million dollars.

What would cause OSHA to levy such a hefty fine? This fine comes after a six month inspection by OSHA revealed that the oil giant failed to repair hazards that were found at the BP refinery in Texas City, Texas back in 2005. There were hundreds of violations stemming from those hazards.

BP failed to correct the hazards despite an explosion that occurred in 2005 at the same BP refinery in Texas City, killing 15 people.

Carrie Prejean Sex Tape Leads to Settlement

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As we wrote about earlier here on Injured, former beauty queen Carrie Prejean was sued by the Miss California USA Pageant over her breast implants.

The pageant demanded that Ms. Prejean pay back the $5,200 that it gave her in order to pay for the procedure.

The spat over breast implants came after the beauty queen's initial suit against the pageant, in which Prejean claimed that she was fired from her post out of religious discrimination.

Prejean also claimed that the Miss California USA Pageant violated her medical privacy by informing reporters of her procedure.

Now, everybody's agreed to drop all claims.

According to CNN: "The legal battle between Miss California USA pageant officials and former beauty queen Carrie Prejean ended Tuesday with an agreement to drop their claims, according to a pageant spokesman."

The whole tussle started over Carrie Prejean's controversial answer about same-sex marriage during the Miss USA beauty pageant.

Commuter Train Fire May Fan Flames of Philly Transit Strike

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The AP reported that a packed commuter train for the Southeastern Pennsylvania Transportation Authority caught fire in Philadelphia today.

The train was crowded more than usual because there was a city wide transit strike in progress.

Official said there are no injuries reported but the fire added to the chaos caused by the Philadelphia transit strike.

Here is a news clip of the incident:

Robber Can Sue Store that He Robbed

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It seems that tort law is on your side even when you are on the wrong side of the law. A robber wants to sue the store he robbed from.

AP reports that a "Michigan judge says a man who claims he was chased, shot and beaten by workers at a store he'd just robbed can sue the men. But only if he comes up with $10,000 within two weeks."

The robber, Scott T. Zielinski, is serving out an eight year sentence after being convicted of unarmed robbery for the November 2007 heist at Nick's Party Stop in Clinton Township which is located in Michigan.

He claims that he was chased, shot twice and beaten to a bloody pulp by three employees after he robbed the store.

MySpace Photos Scandal Spurs Lawsuit against School

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In yet another instance of digital drama, we have a lawsuit based on things posted on the internet, pitting school discipline against students' rights of expresion.

Wired Magazine reports that two teenage girls from Indiana have sued their school district after they were punished for posting provocative photos of themselves on their MySpace pages. The girls claim that the district violated their First Amendment rights and should not have punished them for activities done outside of school.

You can check out the news report here:

Texas Bus Crash Caused By Tire Puncture

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A tire puncture was found to be the cause of a deadly crash in Sherman, TX in August of 2008. The bus was heading to Carthage, MO from Houston, TX. The passengers were planning on attending a Catholic festival.

The tire on the bus blew out just as it was approaching a curve on a bridge. This caused the bus to go over the railing and fall off the bridge into a creek.

According to the Washington Post: "On Tuesday, NTSB investigators said a slow leak left the bus's tires severely underinflated, causing the blowout."

A probe by the National Transportation Safety Board discovered that a retreaded tire on the vehicle's right front axle had failed.

Sweat Lodge Lawsuit Makes Guru Break Into Sweat

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According to the AP, the first two of what will surely be a rash of lawsuits over a sweat lodge ceremony gone bad has been filed this past Friday.

Three people died during a sweat lodge ceremony lead by the infamous spiritual guru James Arthur Ray. Another 20 individuals suffered from a range of physical problems such as breathing difficulties and vomiting.

Ray and his employees allegedly stood by the door of the sweat lodge enclosure and denied participants from exiting the lodge when they felt sick.

"Hold Your Wee For a Wii" Death Brings Big Verdict

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A California jury came back with a huge verdict for the family of a 28 year old woman who died as a result of a radio contest gone bad.

According to the AP, Jennifer Strange, a mother of three children, died of acute water intoxication. She died because of her participation in a radio contest called "Hold Your Wee for a Wii."

The contest, which was held in January 2007, was to see which contestant could drink the most water without going to the bathroom.

Carrie Prejean Sued Over Breast Implants

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The former Miss California USA may have to repay $5,200 that she borrowed for her breast implants.

State pageant officials for the state of California say that they loaned the money to Ms. Prejean for the medical procedure in order to be more competitive for the Miss USA pageant.

The repayment demand came in response to a lawsuit filed by Ms. Prejean where she claims that pageant officials violated her  medical privacy by leaking to reporters that her breasts were augmented and that they paid for it.