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$225,000 to man who sued over police altercation

by admin 4. January 2012 07:01
The Henderson City Council approved a $225,000 settlement Tuesday with a man who sued the city and four Henderson police officers after a  New Year’s Eve altercation he says caused him great bodily, emotional and financial harm. According to court documents, Nevada resident Adam Fradella accused officers Kyle Slattery, Kevin LaPeer, Michael Coleman and Ron Russo of violating his civil rights with a “violent physical battery and assault,” causing him to suffer injuries to his head, arms and leg, as well as knocking out one of his teeth.

The incident occurred on New Year’s Eve in 2007 when police were called to a Henderson residence where a party was taking place after receiving a call that shots were fired, according to Henderson police spokesman Keith Paul. The police report from the incident states that Fradella ignored police commands, while at gunpoint, to walk toward the officers. Fradella alleges police officers ordered him and other partygoers out of the house at gunpoint but Slattery grabbed him without provocation while he was obeying their command.

Read more at
lasvegassun.com 

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$5 million in tort claim funds to Indiana fair victims

by admin 10. December 2011 08:11
Indiana Attorney General Greg Zoeller announced the payment plan for distributing the maximum $5 million in tort claim funds to victims of the Indiana State Fair tragedy. With the amount the State has available for victims of the August 13 incident capped at $5 million, the payment protocol guarantees that at least $300,000 will be offered to the estates of each of the seven deceased victims in the stage rigging collapse. Sufficient funds remain to compensate 58 other surviving victims who were among the most seriously injured. The computation works out to payments that are approximately 65 percent of the value of medical bills victims documented when they submitted their claims to the State. Every seriously injured victim who submitted medical records will receive an offer of settlement.

Shortly after the August 13 disaster, Zoeller announced he would distribute the full $5 million in tort claim funds to victims on an expedited basis, without delays and costs from litigation regarding state liability. Zoeller brought in nationally-recognized victim-compensation expert Kenneth Feinberg, who administered victim compensation funds after 9/11, the Virginia Tech shootings and the BP Gulf oil spill, to assist the Attorney General’s Office in devising a protocol for distributing settlement payments to victims of the State Fair tragedy.

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Lawsuit settled for permanent brain injury after being Tasered and kicked and hit in the head by the officers

by admin 14. November 2011 07:38

City officials have settled an excessive force lawsuit for an undisclosed amount, federal court records show. Hammond resident John Stancato sued the city and five police officers in 2007, claiming he suffered a permanent brain injury after being Tasered and kicked and hit in the head by the officers. Officers Timothy Thomas, Patrick Vicari, Rich Tumidalsky, Phillip Merritt and Jeff Miller were named in the suit.Stancato said he was protesting Thomas' issuing a ticket to Stancato's girlfriend's son in August 2005 when Thomas decided to arrest him.

During the process, Thomas walked backward and tripped over an electrical box in the grass, falling over and pulling Stancato with him, the lawsuit alleges. Stancato claims the other officers Tased him about four times, and kicked and hit him in the head while arresting him. He sought damages for his injuries and the violation of his civil rights, as well as attorneys' fees and costs for having to file the lawsuit.

Read more: www.nwitimes.com

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$36 million to settle two negligence lawsuits filed after a fiery derailment led to a woman's death

by Alex 21. October 2011 08:19
Canadian National Railway (TSX:CNR) has agreed to pay an Illinois family more than US $36 million to settle two negligence lawsuits filed after a fiery 2009 derailment led to a woman's death. Zoila Tellez, 44, died after a train containing 7.6 million litres of ethanol derailed at a washout and caused a massive explosion in which flames engulfed their vehicle at a crossing. Her husband, Jose, and the couple's 19-year-old pregnant daughter, Adriana, escaped, but both were injured in the June 2009 incident. Adriana's daughter was born prematurely after the incident and died.

The lawsuit by Jose and Zoila's estate was settled for US$22.5 million, while a separate lawsuit by the daughter was settled for US$13.75 million. "We hope the settlement and verdict send a message to the railroads that what happened to our beloved Zoila, Jose and Adriana could have and should have b een avoided," the family said in a statement.

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1.2 million in damages for burn injuries from 190 degree water shot from a coffee machine

by admin 7. September 2011 09:27

A Cobb County jury awarded a Buford woman $1.2 million in damages for burn injuries she suffered from a cappuccino machine at a QuikTrip convenience store in 2007, her attorney said Wednesday. Cynthia Nance, 52, was scalded Halloween night 2007 at a store in Jackson County when 190-degree water shot from the coffee machine because a part had been removed for cleaning. Nance was burned on her hand and arm as she held a cup below the nozzle, said her attorney, Nelson Tyrone III. Tyrone said his client now suffers from a permanent nerve disorder called Reflex Sympathetic Dystrophy syndrome and could suffer lifelong repercussions. The suit was heard in Cobb State Court because QT is headquartered in that county, a representative of Tyrone’s firm said. A jury awarded $1.2 million in compensatory damages in late December, and the parties settled punitive damages out of court for an undisclosed amount. Tyrone said the company offered to settle with his client before trial for $88,000.

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

by admin 18. August 2011 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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