Personal Injury Blog

First Canadian Global Warming Lawsuit Launched

Environmental Comments Off

May 292007

Friends of the Earth Canada, a non-profit environmental organization has filed the first global warming lawsuit against the Government of Canada. The environmental and toxic tort lawsuit was filed in Federal Court by Sierra Legal alleging that the government abandoned its commitment to cut greenhouse gases to the levels in line with the Kyoto Protocol.

The Canadian government ratified the Kyoto Treaty in 2002 and then in April 2007, turned turncoat with its “Turning the Corner” climate strategy that would leave the country and its citizens off-target by 39-percent in 2012. According to the lawsuit, this would also mean the targets for cutting greenhouse gases would not be achieved by 2020 or 2025 as well.

The lawsuit is asking the Canadian government to reinstate policies to cut global warming by reducing greenhouse gases to 6-percent below the 1990 levels as ratified in the Kyoto Protocol.

Father of Fatally Injured St. Louis Cardinals Pitcher Sues

Wrongful Termination Comments Off

May 252007

The father of fatally injured St. Louis Cardinals relief pitcher, Josh Hancock, is suing a restaurant owned by another former St. Louis Cardinal. Dean Hancock has decided to sue Mike Shannon’s Restaurant over the wrongful death of his son according to the state’s dram shop liability laws.

The lawsuit is for more than $25,000 from the restaurant who was allegedly serving Josh Hancock drinks for 3 ½ hours after a St. Louis Cardinals baseball game had ended on April 28. Josh Hancock afterwards was driving 68 mph in a 55 mph zone and hit the back of a tow truck as he was talking on a cell phone with his blood-alcohol level more than twice the legal limit.

The tow truck company, Eddie’s Towing and the driver of the stalled car that was being towed are also named in the lawsuit.

Man Disabled by Drunken Driver Wins Lawsuit Over Access

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May 172007

A man who was disabled by a drunken driver and confined to a wheelchair has sued and won a lawsuit against the city of Riverside, California for violating the Americans with Disabilities Act (ADA). John Lonberg sued the city 10 years ago and finally won his court case.

The city was shown to be in violation of 189 access points on curbs. The city of Riverside has 4 months to fix all curbs and must pay Mr. Lonberg $221,000 in damages for inhibited him from becoming a “self-reliant member of the community”.

Fan Sues Mets for Letting Drunken Man Fall on Her

Negligence Comments Off

May 082007

A fan who was at the home season opener of the New York Met’s baseball game is suing the organization for negligence. According to reports, a blonde 300-pound drunken man who was acting in an intoxicated manner over a long period of time, fell upon Ellen Massey, 58, and crushed several of her vertebras requiring surgery to repair.

The drunken man is now being called a John Doe since he was not stopped when he attempted to leave and his identity is now unknown. Massey was hospitalized for two weeks after surgery, as rods and screws were used to repair her spinal column. Massey, an attorney, was with her nephews when the incident occurred.

Lawsuit Filed in Botched Drug Raid that Kills 92-year-old Woman

Wrongful Death Comments Off

May 032007

In Atlanta, the niece of 92-year-old Kathryn Johnston has filed a lawsuit for wrongful death. Last November, police conducted a drug raid based on a faulty tip from an informant.

Narcotics officers burst into Johnson’s home on a no-knock warrant, inspiring her to fire at the unknown intruders in self-protection. Police fired back, killing the woman. Two officers have already plead guilty to manslaughter while a third is awaiting other charges.

The wrongful death lawsuit is expected to be filed within the next two weeks. A claim has already been made by the niece, which usually precedes litigation.

New Jersey Child Protective Services Lawsuit Emerges

Abuse, Negligence Comments Off

Apr 242007

A lawsuit has been filed by the adoptive mother of an 8-year-old girl alleging that the New Jersey Division of Youth and Family Services (DYFS) failed to protect and investigate sexual and physical abuse by the girl’s biological father. According to the lawsuit, the DYFS had a callous disregard for the child’s safety and failed to act in light of evidence of abuse. In 2003, DYFS was found to be grossly negligent and the agency was overhauled.

According to the adoptive mother, the child undergoes weekly therapy sessions. The child has been remembering the abuse in fragmented fashion, has intrusive thoughts and frequent nightmares, which are consistent with post-traumatic stress disorder (PTSD) found in trauma survivors.

The lawsuit also names Jersey Shore University Medical Center for failing to act when the girl, then 2-years-old, was brought in for alcohol poisoning and failed to report the incident to DYFS. The lawsuit does not specify damages, but most likely, they will include compensation for present and future psychotherapy session as well as punitive damages.

National Crime Victim’s Rights Week April 22 – 28, 2007

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Apr 192007

Next week is National Crime Victim’s Rights Week according to the U. S. Department of Justice Office for Victims of Crime (OVC) department. Scheduled events include the National Observance and Candlelight Ceremony on Thursday, April 19 in Washington DC, with the father of slain child Jessica Lunsford speaking.

The other event, also in Washington DC is the Attorney General’s Crime Victim Service Awards Ceremony, on April 20. The ceremony recognizes those who have performed extraordinary services to victims of crime. Last year, U. S. Attorney General Alberto R. Gonzalez gave awards to honorees in eight different categories.

This year several different community awareness projects are being promoted by the OVC. Sixty-four communities from all 50 states have been selected to participate in events such as candlelight vigils, workplace violence training and crime victims rights expositions.

Virginia Tech Shooting Lawsuits

Negligence, Wrongful Death Comments Off

Apr 162007

Virginia Tech University today became the site for the United State’s deadliest shooting rampage in history. With more than 30 dead and 17 hospitalized an unidentified gunman committed two shootings at the university more than two hours apart before turning the gun on himself and committing suicide.

Two students were killed at the West Ambler Johnson dormitory at 7:30 am EST and 31 more students were killed two hours later at 9:30 am EST at Norris Hall. Campus authorities have been quoted as saying that they thought the shooting at the dormitory was a domestic dispute and that the gunman had fled the campus.

Surviving student who were interviewed complained that they did not receive a warning about the initial school shooting until over two hours after the incident. Several sources have already stated that massive negligence and wrongful death lawsuits will ensue, stating that Virginia Tech University had a duty to warn students of the potential danger much more quickly and that had this occurred some of the deaths in the second shooting may have been avoided.

Choking Victim Dies and 911 Supervisors Blamed

Wrongful Death Comments Off

Apr 122007

In Pasco County, Florida a woman choked to death on a piece of steak after her boyfriend called 911 for help. Chris Cooper of Land O’ Lakes, Florida called 911 after getting out of the shower and realizing that his girlfriend, Nancy McGhee was gasping for air and pointing to her neck.

According to reports, the 911 operator tried wholeheartedly to assist, but since she was not yet trained in emergency medical dispatch (EMD), she repeated asked her supervisor, who did have training, for help. The supervisor refused several times before acquiescing and trying to help tell Mr. Cooper how to do the Heimlich Maneuver. A second supervisor, a female, refused to get on the phone altogether.

There has been no word yet on whether or not the family of Ms. McGhee intends to bring forth a wrongful death lawsuit against the 911 supervisors.

Lead Paint Lawsuit in Ohio Is Not Glossed Over

Negligence Comments Off

Apr 052007

The Attorney General in Ohio, Marc Dann has sued several paint manufacturers who continue to sell lead paint, even though the federal government outlawed the practice in 1978. Lead paint has been implicated with attention deficit, learning disabilities and even death in children.

Ten companies including Sherwin-Williams and DuPont are being sued under Ohio’s public nuisance law for fraud and negligence. In 2005, Rhode Island sued and won a toxic paint lawsuit against Sherwin-Williams and two other manufacturers and now is offering to help Ohio in winning their case.

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