Legal Radar

Woman Run Over on Daytona Beach

Last year, a lifeguard ran over a woman in Daytona Beach Shores and is now being sued.  The woman was sunbathing when the lifeguard ran over her in his pickup truck.  As a result, she sustained facial paralysis on the left side.  Both orbital bones were broken and her eyes were black for several months.  Additionally, the woman now has hearing loss and is going to need hearing aids or surgery to fix or remedy the situation.

The plaintiff is seeking more than $15,000 in damages for the injuries she sustained, the losses of consortium and emotional distress felt by her, her husband and her children.  Additionally, the lawsuit seeks to prevent county employees from driving and making U-turns in pedestrian areas, such as public beaches.

Tampa Bay Rays Sued for Automobile Accident

Matthew Bush and Brandon Guyer, Tampa Bay Rays' players, are being sued for $5 million each.  Bush and Guyer are accused of running after hitting 72-year-old Anthony Tufano, who was on his motorcycle at the time of the crash.  The prosecution further asserts that Bush was drunk, having a blood-alcohol content of 0.18.

 

Bush, who does not have a driver's license and has two prior DUIs, was driving Guyer's SUV when he hit the man.  Tufano is still in intensive care with 10 broken ribs, a punctured lung, a broken back and other injuries.  The $10 million figure is for Tufano's medical bills the plaintiff is likely to sustain, and for pain and suffering.

Drunken Employee Hits and Kills Man

Jive Printing, a Nashville printing company, recently was named as a defendant in a case where a 23-year-old man was hit by a drunken Jive Printing employee.  Trevor Bradshaw, the driver, and Erin Brown, both Jive Printing employees, attended the "Naughty and Nice" party hosted by the company where free alcohol and shots were passed out freely by bartenders.  These bartenders did not properly monitor the guests' level of intoxication and further exacerbating the problem was the fact that the company encouraged its guests to drink heavily. 

 

At 2 a.m., Bradshaw hit the man and after attempted to run-away, twice.  Both Bradshaw and Brown were arrested and charged with varying charges of vehicular homicide.  The prosecution is seeking $15 million in damages between the defendants Jive Printing and Metro Government.

Chrysler Burn Victims are Left Hopeless and Without Justice

Two and a half years ago, Stephen Mares's 1998 Dodge Caravan caught on fire after the minivan's fuel system leaked.  This fire trapped him and his two children.  After Mares survived, he sued Chrysler seeking punitive damages for the burns that he and his children sustained.  Unfortunately, he soon found out that Chrysler is immune from new punitive-damage claims from any defective products sold before the auto maker's 2009 government-brokered restructuring. This legal exemption, approved by a bankruptcy judge, is a rule that's included in the federal bankruptcy law.

 

Consequently, he is not able to receive any compensation for his or his children's pain, suffering or medical bills.  Basically, Chrysler has received a "get out of jail free card" and is escaping all penalties and damages they caused others prior to the restructuring of the company. 

Lobsterman Sued for His Negligence

In June 2010, Phil Torrey, a lobsterman, crashed into another lobster boat and killed a man, aged 71.  Torrey's boat cut the other lobster boat into two and it quickly sank.  Torrey admitted to eating his lunch and, thus, not paying attention to where his boat was headed.  Consequently, the widow and the Coast Guard are now suing Torrey for damages.  The Coast Guard is suing for $30,000, the maximum allowed, for Torrey's negligence.  The widow is suing for the funeral and burial expenses, and emotion distress incurred from losing her companion. 

 

However, Torrey claims that the other boat was supposed to give way to his, or that his boat had the right away regardless of if he was paying attention.  Regardless, Torrey changed the widow's life forever.

Amputation Suit Ends Well for Plaintiff

An Indianapolis plaintiff recently won an $8 million jury verdict.  While working on the cardboard production line of a factory, the plaintiff got his hand caught in a compression roller during the initial start-up phase for the new equipment.  As a result, four of his fingers on his left hand were crushed.  This then resulted in the amputation of his fingers and a dozen other surgeries.  And, his left arm now has a disability rating of 90%.

 

The plaintiff brought action against AJ Engineering, the firm that designed the new equipment, contending it had been defectively designed.  The jury found AJ Engineering 70% responsible, resulting in a net verdict of $5.6 million. 

Maimed Model Sues Insurance Company

Model Lauren Scruggs is suing Aggressive Insurance Services, the insurer of the small plane that severely injured her late last year.  She lost an eye and her left hand in the accident which was caused by a pilot's negligence.  The insurance company offered her a $200,000 settlement offer, but she rejected it.  The main point of disagreement is over whether or not she was a passenger at the time she was injured.  She asserts that she had "completed her exit from the aircraft prior to the time of the incident and was physically located on the tarmac" when the accident occurred.  She is looking at not only pain and suffering but also loss of ability to provider for herself as she can no longer work as a model.

Teens are a High Risk for Traffic Accidents

The leading cause of death for teenagers between the ages of 15- and 19-years-old is car accidents.  And, unfortunately, the number is on the rise.  Generally, teenagers do not have the experience, knowledge or attitude to act responsibly on the road, especially when other passengers are in the vehicle. 

 

In Manchester country, a teen recently died in a car crash.  The 16-year-old male driver died after he slammed into a tree.  Fortunately, his 17-year-old passenger survived.  While no drugs seem to have been involved, he was speeding.  As a result, this opens the potential for the survivor to file a personal injury lawsuit against his family.

Lightning Kills Construction Worker on Site

Last year, a lightning strike killed Bryan Bradley, a Revel construction worker, and injured 2 other workers.  Now, family members of the killed construction worker and the two survivors filed lawsuits against multiple construction companies.  The lawsuits claim the wrongful death was due to negligence on the part of the construction companies'. 

 

The Occupations Safety & Health Administration fined Network Construction for violating federal regulations.  Once a local storm warning had been issued, a person in charge should have determined if equipment needed to be secured and this did not occur.  Now, it is up to the courts to see if they find negligence on the part of the construction companies.

Woman Sues Southwestern Energy Corp in Traffic Accident

A Smith County woman's car was hit by a Southwestern Energy Corp company vehicle two summers ago.  The Energy Corp vehicle changed lanes and hit the rear of the woman's vehicle.  At the time, two minor children were passengers in the car.  The plaintiff claims that the defendant failed to control his speed, properly apply his brakes and properly keep a lookout.  All of these factors led to him hitting the woman and her two children.

 

The plaintiff is seeking damages for physical pain, mental anguish, lost earnings, physical impairment, medical expenses, lost earning capacity, interest and court costs for both her and her children.  Currently, she and her children are awaiting the requested jury trial.