Personal Injury News: Pick Of Last Month: Jun-2020
2012 Crash Verdict Favoring Widow Upheld
A jury verdict that favored the widow of a driver involved in a 2012 fatal crash of a high school van which was moving members of the basketball team has been upheld by the Nebraska Court of Appeals.
According to the lawsuit, on June 1, 2012, a truck driver was driving a pickup truck that rammed into the school van which included a school basketball team. The crash resulted in the death of the truck driver as well as two coaches of the team. One of the coaches was driving the school van, whereas the other one was as a front-seat passenger.
The accident even resulted in injuries for several students in the van who were returning from a basketball clinic.
A lawsuit was filed against the truck driver's widow, claiming her husband negligently caused the crash and that his estate should be held liable for damages.
A jury favored the truck driver's widow, after finding that the truck driver had likely suffered a heart attack and sudden loss of consciousness before the crash and awarded no damages.
The jury's verdict was appealed by the plaintiffs, following which the appeals court upheld it.
In December 2017, a woman got killed in a drunk-driving crash on the U.S. Highway 93. The daughters of the deceased woman were awarded $5 million by the Idaho truck driving company. The company's truck driver who was driving under influence of alcohol was sentenced to 15 years of prison. The jury even suspended his driving license.
Medical Center Sued For $6.3M Over An Infants Death
A lawsuit has been filed against a medical center for $6.3 million over the death of an infant who died from meningitis.
The wrongful death lawsuit was filed by the parents of a 7-month-old, accusing the hospital emergency room doctor and the company, which operates the hospital, of medical negligence and the negligent infliction of emotional distress.
According to the lawsuit, on May 11, 2018, the infant was taken to the hospital, where he showed significant signs and symptoms of systemic Meningococcemia.
The attorney representing the plaintiffs accused the treating ER physician of failing to properly assess these signs and symptoms, including the presence of a rash that nurses noted, and an abnormal respiratory pattern.
The lawsuit further states that the medical staff did not test for meningococcal infection and administered the infant with Tylenol and sent him home after a few hours. He died at a Portland hospital, where his parents took him after his fever and fussiness persisted.
In September 2014, parents of a deceased 21-month-old infant received $3.38M as a settlement in a medical malpractice lawsuit. The parents alleged that the medical authorities completely failed to treat the infant that resulted in her death. The lawyers for the parents also claimed that the hospital failed to diagnose and treat her condition or transfer her to another facility. Judge Michael Erdos from the Philadelphia Court of Common Pleas awarded the settlement post the two-week trial.
Partial Settlement Of $21M Reached In A DUI Case
A civil lawsuit involving a prominent businessman has partially settled for $21 million after finding him guilty in a deadly DUI case.
According to the lawsuit, the incident occurred on May 30, 2019, when the defendant was driving a Range Rover, along with four passengers, following a charity golf tournament that he had organized. The Range Rover crashed into several trees at the intersection of Granite Ridge and Grey Feather drives, near Flamingo Road and Town Center Drive.
The crash killed one passenger and injured three other passengers. The defendant is pleaded guilty with criminal charges for driving under the influence.
The settlement amount will be paid to the children of the deceased. Out of the $21 million, the defendant will pay $12.8 million, and the rest $8.2 million will be paid by his insurance.
The other three passengers have also sued the defendant, but no settlement is made yet. He faces up to 25 years in prison, and the sentencing is scheduled for 12 June.
A similar incident took place in May 2016 when a drunk lady driver rammed into the plaintiff who underwent surgery for a broken jaw, spleen repair, and other injuries for his facial and abdominal injuries post the accident. The jury awarded $7,500,000 in Past and Future Physical Pain and Mental Anguish; $550,000 in Past and Future Disfigurement; $1,625,000 in Past and Future Physical Impairment; $81,223.22 in Past Medical Expenses; and $50,000,000 in Punitive Damages. The final verdict amounted to $ 60,086,578.
Earlier in a similar lawsuit where the family of a man, who was killed by a drunk pickup truck driver, received a $2.25 million award.
According to the lawsuit, the plaintiff was riding his vintage 1970s bicycle on Sunday morning on April 6, 2014, when a pickup truck driver, driving under the influence, crashed on him, resulting in the plaintiff's death just eight days before his 66th birthday. The truck left the scene, post the accident but returned after the passenger and driver switched places.
The attorney, representing the plaintiffs, claimed that both of the acquitters appeared heavily intoxicated during the scene, but the investigators focused only on who they thought was the driver, and the actual driver wasn’t tested.
The driver after confessing guilty jurors acquitted him of DUI manslaughter, and convicted him of reckless driving, driving with a suspended license, and leaving the scene of an accident that resulted in death.
The lawsuit filed by the plaintiff against the truck driver for negligence in 2016, led to a verdict of $608,000 in economic damages and $1.65 million for loss of companionship.
In December 2017, an Idaho company paid a $5 million settlement to the daughters of a woman who got killed in a drunk-driving crash.
According to the court papers, the truck driver was an employee of a truck driving company owned by Advanced Heating and Cooling, a business name assumed by BSR Ventures. He crossed the centerline of the U.S. Highway 93 and collided with the lady's car, resulting in her death at the scene of the accident.
The investigation report stated that the driver was driving under influence of alcohol. The driver was drinking at a bar in Shoshone before the crash. He even pleaded for violating the law. The woman's family informed the jury that the company was aware of the truck driver's previous DUI convictions. The convict was eventually sentenced to 15 years of prison and the jury even suspended his driving license.
City Of Fort Lauderdale Ends Decade Long Battle With $18M
The City of Fort Lauderdale has agreed to settle a lawsuit for $18 million over an old incinerator that residents claimed was making them sick.
An attorney filed a lawsuit on behalf of 182 named plaintiffs. The lawsuit alleged that the residents of the city's historic Durrs neighborhood were getting ill by the ash that came from an old city run incinerator. The incinerator was at a facility near Lincoln Park off Sistrunk Blvd, which was later torn down, and turned into a recycling station.The diseases included cancer, as well as several other reproductive and breathing issues, according to the attorney.
The diseases included cancer, as well as several other reproductive and breathing issues, according to the attorney.
The city commissioners voted unanimously to approve the settlement and end a 13-year-long legal battle.
PA Hospital Loses Bid For A New Trial In A $2.4M Verdict
A state appeals court rejected a second bid by Pennsylvania’s Lehigh Valley Health Network Inc. for a new trial over a $2.4 million verdict awarded to a woman who was permanently disabled and confined to a wheelchair due to its employees’ negligence.
On April 12, 2012, the plaintiff underwent knee surgery at Lehigh Valley Hospital. She fell from the bed while recovering from the surgery and was transferred for occupational and physical therapy. The woman reported pain and clicking sound in her knee to a nurse, which was not reported to the treating doctor. The doctors, after finding that the woman suffered a fracture, performed two additional surgeries to fix her knee, both of which were unsuccessful. The woman has been left with a permanent disability and is confined to a wheelchair.
The woman filed a lawsuit against the hospital in February 2014, claiming negligence in connection with injuries suffered as well as a claim of loss of consortium.
A jury had awarded the women $2.4 million. The state's supreme court reversed the superior court’s prior decision and awarded the health-care provider a new trial, stating that some of the claims were time-barred.
On 26 May, the superior court said that the hospital wasn’t entitled to a new trial based on two alleged evidentiary errors, and the trial judge’s refusal to reduce the jury award.