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$95,000 settlement reached in bus mishap

by admin 2. February 2010 04:29
The family of a Lake County woman who suffered a head injury when her wheelchair tipped over in a county-funded transit bus has accepted $95,000 to settle the lawsuit, according to county documents. Katheryn Trent of Howey-in-the-Hills was injured Jan. 17, 2003, when the public transit vehicle in which she was riding turned a corner, the wheelchair in which she was seated toppled over and she struck her head.

The wrongful-death lawsuit claims the "severe head/brain injury" Trent suffered led to her death at age 78 about seven weeks later, though a death certificate filed with her probate case shows she died of a perforated colon. The payment to Trent's estate was detailed in a liability release, approved this week by county commissioners, clearing LifeStream Behavioral Center of financial responsibility for Lake's legal expenses.

Read more at
http://www.orlandosentinel.com/news/local/lake/os-lk-wrongful-death-suit-settled-20100127,0,3496420.story

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Settlement of $20 million from Playground Injury Settlement devastating brain injuries

by admin 28. January 2010 04:18
A settlement of $20 million was reached in March 2009 in the a lawsuit against Burger King for the devastating brain injuries suffered by a 12 year old boy in a 2005 fall from a play structure inside a Burger King facility. The boy was playing with his 5 year old sister on the play equipment when he fell hitting his head on the tile floor. There was no protective matting below the structure to protect against such injuries. The play structure had monkey bars and a fireman's pole clearing presenting risks of children falling from the structure. 

The jury found that the restaurant should have provided some kind of protective covering on the floor rather than the hard tile on which the child fell. In addition, there were no warning signs around the equipment as present in other such facilities. Finally, there had been at least one other fall at the facility showing that the accident and injuries were foreseeable and preventable. The 12 year old boy suffered severe traumatic brain injury. The injuries are permanent. The child will require a life-time of medical and rehabilitative services. The jury obviously took these permanent injuries and future medical 
expenses into account in the enormous $20 million verdict. 

Read more at
http://www.newmexicoinjuryattorneyblog.com/2010/01/burger-king-playground-injury.html

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Linda Bollea settles Graziano suit

by admin 22. January 2010 10:54

Linda Bollea has reached a settlement in the civil suit filed on behalf of John Graziano, according to her attorney. Graziano suffered severe brain injuries while riding in a car driven by Bolea's son in August 2007 when Nick crashed into a tree while speeding. Nick Bollea served 166 days of an 8-month sentence after pleading no contest to a charge of reckless driving involving serious bodily injury. He was released in October 2009.

Linda Bollea's confidential settlement was reached six months after her divorce from her husband Terry, better known as Hulk Hogan. Hogan and his son Nick were also named in the lawsuit. There's no word on where the rest of the case stands.

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King County pays $7 million to woman hit by Metro van

by admin 11. January 2010 10:30
King County pays $7 million to woman hit by Metro van

King County has agreed to pay $7 million to settle a lawsuit filed by a woman severely injured when a Metro Transit supervisor's van struck her while she was riding a Vespa scooter to work. The woman's attorney, Raymond Dearie, said he believes it is the largest amount the county has ever paid to a single plaintiff in a lawsuit. Rochelle Ogershok, spokeswoman for the county Transportation Department, confirmed a settlement was reached before last Monday's scheduled trial but said she didn't know if it set a record.

"It was a tragic and unfortunate accident, and the county, of course, feels very badly that it occurred. ... We feel the settlement was fair based on the circumstances surrounding the accident," Ogershok said. A portion of the settlement cost may be paid by Seattle under a separate indemnification agreement, but no information was immediately available about the terms of the agreement. Seattle was also named as a defendant after King County claimed the Capitol Hill intersection where the accident occurred was unsafe. Ogershok said she was unaware of the side agreement, and former Seattle City Attorney Tom Carr said Wednesday night he didn't remember the details. Elizabeth Newman was "struck violently" by the Metro van as she rode her Vespa on the way to her job as an operating-room nurse at Swedish Medical Center the morning of Nov. 21, 2007, according to the complaint filed by Newman and her husband, Thomas.

The accident occurred at 12th Avenue East and East Thomas Street. The Metro van driver, Rickey P. Moore, traveling on Thomas Street, passed a stop sign and failed to yield the right of way to Newman, who was on 12th Avenue East, according to the complaint. Dearie said Newman was thrown 40 feet by the impact of the collision, suffering severe internal injuries and compound leg fractures, and was in a coma for several days at Harborview Medical Center. She hasn't recovered sufficiently to return to work, Dearie said.

Read more at 
http://seattletimes.nwsource.com/html/localnews/2010725365_settlement07m.html

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$12M settlement for passengers of plane that overshot Pearson airport

by admin 6. January 2010 02:57
Passengers on board an Air France jet that overshot a Pearson Airport runway and crashed into a nearby ravine have been issued a $12-million settlement to cover post-traumatic stress and injuries, a judge on Dec. 24. Justice Joan Lax approved the $11.65-million settlement to a class-action lawsuit stemming from the 2005 crash, in which an Airbus flying into Toronto from Paris missed the runway and ended up dropping into Etobicoke Creek ravine, near Highway 401, before bursting into flames.

All 297 passengers and 12 crew members on board Air France Flight 358 managed to escape before the plane was consumed by fire, but as many as 33 were taken to hospital. Twenty-three people were seriously injured.

Read more at 
http://www.nationalpost.com/news/canada/story.html?id=2398046

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BP's $100 Million Personal Injury Verdict Nearly All Punitives

by admin 31. December 2009 08:02

We're sorry to rain on the parade of the ten contract workers who won a $100 million verdict against energy company BP in a Galveston federal district court on Friday, but the chances of that verdict surviving intact are pretty slim. That's because all but $300,000 of that amount represents punitive damages. If you compute the ratio of punitive to actual damages, you get 333 to 1, which is not a ratio that many courts will look favorably on. In addition, Texas caps punitive damages in most cases at $200,000 per plaintiff.

Still, that verdict should get the attention of BP, which faces similar claims by an additional 133 workers. All claim to have been injured by a toxic chemical release at BP's troubled Texas City oil refinery in 2007. Click here for an account of the verdict by the Houston Chronicle.

We talked on Monday to plaintiffs lawyer Anthony Buzbee of Galveston's Buzbee Law Firm, who represents the 10 workers who won the verdict, as well as the other 133. "The whole purpose of the case was to punish BP," said Buzbee. "I was very upfront [with the jury] that this was a punitive damages case." He admits that his clients' injuries were minor: All were released from the hospital the same day they were admitted. But, he contended, BP has a history of safety violations at this plant that it refuses to remedy. The Texas City refinery is the same facility where 15 workers were killed in a 2005 explosion, leading the company to pay $2 billion in private damages and a $50 million criminal fine (see third item). Federal and state regulators, he contended, are unwilling or unable to force the company to improve the safety of its working conditions. (The company is fighting an $87 million fine imposed this year by the Occupational Safety and Health Administration.)


Read more at
http://www.law.com/jsp/tal/digestTAL.jsp?id=1202437108572&BPs__Million_Personal_Injury_Verdict_Nearly_All_Punitives

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