Personal Injury News: Pick of Last Month: Mar-2019
Injured Biker Wins $39 Million in Follow-up Trial
An Edison High School graduate who suffered injuries in a drag racing accident was awarded $39 million by a Middlesex County jury.
In July 2012, the plaintiff was riding a motorcycle on Saw Mill Road in Heller Industrial Parks, when he was struck by a drag racer, who shifted into the plaintiff's lane hitting him head-on. According to court papers, the plaintiff who came there to watch stunt bikers, suffered a brain contusion, amputation of his right arm and right leg, and suffered "phantom pain. "He sued Heller Industrial Parks, claiming it failed to provide security to stop drag racing on the property.
In 2017, the first trial in the case ended with the jury award of $2.3 million granted to the plaintiff for pain and suffering, and $4.3 million for future medical expenses and care. He even appealed the verdict arguing that the jury violated the judge's instruction in the calculation of damages. The appellate court wrote in its decision, "the error that occurred resulted in a miscarriage of justice, considering catastrophic injuries, his life expectancy, and the significant impact this error likely had upon the jury's verdict."
While waiting for his case resolution, the plaintiff has started to attend Rutgers to study biomechanical engineering and even received a golf scholarship for amputees.
Florida Woman Awarded $4M For On-Flight Shoulder Injury
A Florida woman was awarded $4 million in a lawsuit filed against United Airlines over allegations that a flight attendant while trying to help her get seated dropped her and injured her shoulder.
An attorney who represented the plaintiff said the airlines claimed that they were not aware of the incident until six weeks, even as the internal call logs revealed plaintiff reporting it within 30 minutes of the unfortunate incident. The attorney also argued that the airline did not even investigate the matter. The plaintiff who uses a wheelchair was traveling to Houston from Florida to celebrate her son's 30th birthday.
In their response to the media about the verdict, United Airlines stated, "our goal is to provide all of our customers with a safe and comfortable travel experience. We disagree with the court's ruling and will continue to defend ourselves."
Jury Awards $123 Million To Duck Boat Crash Victims
A Washington jury awarded about $123 million to the victims and families of a 2015 duck boat crash in Seattle, in which five college students were killed and more than 60 people were injured.
In 2015, the Branson-based company which manufactures Duck amphibious vehicle crossed the centerline of the Aurora Bridge and hit a charter bus carrying international college students. The lawsuit filed in 2016 claimed that Ride The Ducks of Seattle failed to adequately inspect and maintain the vehicle and ignored a 2013 service bulletin from the manufacturer warning about a defect in the axle which needed a fix. The attorney who represented Ride The Ducks International argued that the company had fixed the problem before the crash and issued a similar alert to other Duck-vehicle operators. At the end of a four-month trial, King Superior County jurors found that Ride The Ducks International was 67% responsible for the crash and the tour vehicle operator, Ride The Ducks of Seattle, was 33% at fault. The city of Seattle and the state of Washington, who were additional defendants in the lawsuit, were found not to be at fault.
After Washington’s Utilities and Transportation Commission suspended the local company from operating 20 of its tourist vehicles, Ducks Seattle agreed to pay $222,000 to settle a state complaint after acknowledging 159 critical safety violations. The Missouri-based Ducks company agreed to pay $1 million in civil fines for violating federal safety regulations.
Dallas Woman Gets $37.6 Million In Honda Car Crash Suit
A Dallas woman was awarded $37.6 million after a Texas jury found that Honda Odyssey's seat belt was poorly designed and caused cervical injuries to the woman.
According to court records, on November 15, 2015, the plaintiff was seated in the third-row middle seat of a Honda Odyssey when a pickup truck hit the minivan, causing it to roll over onto its side and top at the intersection of Fitzhugh and McKinney avenues in Dallas. After the accident, the plaintiff suffered a broken neck and was left a quadriplegic, with restricted use of her arms and hands. She filed lawsuits against American Honda Motor Co. Inc. of Torrance, California, a subsidiary of Honda Motor Co., Ltd., and Uber claiming that Honda's seatbelt in the third-row middle seat is defective. After independent testing, an expert affirmed the jury that less than 10% of people who were not much familiar with the van's two-part seat belt system were able to use it properly.
The jury determined the manufacturer was 63% responsible for the woman's injuries, the driver was 32% responsible, and the plaintiff herself was 5% responsible. The jury award included $8 million for past and future mental pain and anguish, and almost $20 million for future medical expenses, among other damages. Honda was highly disappointed with the massive verdict and plans to make an appeal soon.
Denver Bicyclist Awarded $52.5 Million in a Car Crash Suit
In what is believed to be the largest civil judgments in Colorado’s history, a jury awarded more than $52.5 million to a Denver bicyclist, who got paralyzed after being struck by two cars, while he was riding on his bike from work to home on January 27, 2017.
The verdict was granted in favor of the plaintiff who was riding along West 26th Avenue from his office in Golden to his home near Sloan’s Lake and crossed Wadsworth Boulevard with a green light. At the same time, a driver turned left from the opposite side of the intersection, crossing the victim's path causing a collision, as per police reports. The crash knocked the victim down from his Mondial Tommaso bike. As he was lying injured in the street, another driver driving a Honda CRV ran over his head and dragged him several feet ahead. The second driver flew from the spot and later told the officers that he was unaware of the accident. The victim worked as a computer programmer and was a former rock-and-roller. But after the accident, he has been unable to move his lower body or hands.
The victim and his wife filed a lawsuit against LFI Fort Pierce and Chelsea Brewer in 2017 seeking damages from the collision. The jury awarded $15.7 million for Suydam’s medical bills, lost wages, and other economic damages. He was also awarded $32.8 million in physical impairment damages. The second driver was considered 10% responsible for the victim's injuries, but he will not be liable for the cost, according to a plaintiff attorney. He was sentenced to five years in prison on charges linked to the fatal crash.
Injured Maritime Worker Awarded $3.3M By Louisiana Judge
On Friday, February 1, a Louisiana federal court judge awarded $3.3 million to a maritime construction worker who was subject to a head and spinal injuries due to a boat captain's alleged negligence during equipment transfers between boats and barges.
The case involved Jones Act and Longshore and Harbor Workers’ Compensation Act (LHWCA) claims filed by a 22-year-old construction worker, who got injured while transferring a portable generator from a crew boat to a barge. The lawsuit claimed the boat captain did not adequately secure the boat to the barge before beginning to transfer, which caused the vessels to drift apart from one another and caused the victim to fall off the boat. As the generator hit him, he suffered a head injury requiring 28 staples, and according to his doctors, his spinal injuries were so severe that surgery might be needed in the future.
The federal judge found the boat captain at fault for keeping the vessels close together using the boat engine's power rather than using a safer method to secure the boat with a mooring line. The victim was awarded $875,000 for past and future medical expenses and his wife was awarded $250,000 for loss of consortium.
Woman Gets $14 Million For Stroke During Cardiac Surgery
A West Seattle woman was awarded nearly $14 million in a medical malpractice lawsuit filed against Seattle Children's Hospital and Children's University Medical Group.
According to Seattle Times reports, the jury ruled that the doctors failed to prevent a stroke that left the victim unable to care for herself. In 2007, the victim underwent heart transplant surgery when she was 12. In 2013, doctors detected that a stent in her heart had fractured and needed a replacement for which another surgery was performed in 2014. During the procedure, the doctors realized they were running short of stents and were forced to prolong the procedure until they sought stents from the University of Washington Medical Center. Eventually, cardiologists completed the surgery in four hours using a different stent which left her on high risk for stroke. After the surgery, the victim showed symptoms of a stroke but was not tested for stroke for four hours, according to her attorneys. She suffered a variety of injuries including impaired cognitive function, speech, memory, and mobility.
Her parents filed a lawsuit against the hospital in October 2015, claiming negligence and medical malpractice. The jury verdict stated that the stroke was caused during the procedure, yet was not detected and treated on time. The jury found that the doctors who belonged to Children’s University Medical Group were negligent in her care, but the nurses employed by Seattle Children’s Hospital were not. The woman was awarded $10.95 million for future economic losses and $3 million in general damages.
R.J. Reynolds & Philips Morris Hit With $25M Tobacco Verdict
On Wednesday, February 27, following a three-week trial, a Florida jury hit R.J. Reynolds Tobacco Co. and Philip Morris USA Inc. with $25 million in punitive damages for the victim's cigarette addiction and fatal lung cancer and awarded $12 million in compensatory damages to her widower.
The jury ruled in favor of the plaintiff, awarding him an additional $5,500 for funeral expenses. Reynolds and Philip Morris both bore 45% responsibility for the woman's death, and the woman herself was held 10% responsible. The case is one among the thousands of cigarette smoking lawsuits originating from the Engle class action against tobacco companies.
In 2006, the Florida Supreme Court decertified the Engle class but later ruled that Engle progeny cases can be tried individually. The woman died in 1999, seven years after doctors detected her lung cancer and removed her right lung. Her family blamed R.J. Reynolds and Philips Morris for hiding cancer and respiratory disease risks caused due to smoking.