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Most of the pending Metrolink train crash lawsuits settle for $30 million

by Alex 19. October 2009 02:34
Most of the pending lawsuits stemming from a Metrolink train crash at the Glendale-Los Angeles border nearly five years ago have settled for $30 million, an attorney for many of the plaintiffs said today. Among the resolved cases was a wrongful death suit filed against Metrolink on behalf of the widow of Los Angeles County sheriff's Deputy James Tutino, who was killed in the Jan. 26, 2005, derailment, lawyer Jerome Ringler said. 

"She's extremely pleased with the settlement," Ringler said of Rita Kay Tutino. Her husband was a 23-year law enforcement veteran who occasionally used the rail to get to work at the Men's Central Jail in downtown Los Angeles. The 47-year-old Simi Valley resident was one of 11 Metrolink riders to die in the crash, which left more than 180 others injured. At the time, it was the deadliest crash on a U.S. railroad since 1999, and in the history of Metrolink, which began service in 1992. 

The former Compton resident who caused the derailment was sentenced in August 2008 to 11 consecutive life prison terms. Juan Manuel Alvarez testified that he meant to commit suicide by parking his green Jeep on the tracks south of Chevy Chase Drive in Glendale about 6 a.m., but changed his mind and couldn't get the SUV off the tracks so abandoned the vehicle. 

Read more at 
http://www.myfoxla.com/dpp/news/local/Metrolink_Lawsuit_Settlement_Reached_20091014

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Oakland California to pay $1.5 million in police shooting

by Alex 15. September 2009 09:46
The city of Oakland is expected to pay $1.5 million to settle a federal civil rights lawsuit filed by the family of a man who was shot in the back and killed by a police sergeant. Sgt. Pat Gonzales shot Gary King Jr., 20, of Oakland on Sept. 20, 2007, near 54th Street and Martin Luther King Jr. Way in North Oakland. King fit the description of a "person of interest" in a killing that happened the month before, and officers found a loaded gun on him after the shooting, police have said. But in their lawsuit, King's parents, Gary and Catherine King, said their son "did not pose a significant and immediate threat of death or serious physical injury" to police and that the shooting constituted excessive force.

Gonzales "created the situation where deadly force was used," said the lawsuit, which named the sergeant, the city and former Police Chief Wayne Tucker as defendants. Among the plaintiffs was King's child, who was born last year. The City Council discussed the settlement in closed session in July and is expected to ratify it Sept. 22. In a memo to the council this month, Assistant City Attorney Randolph Hall urged that the deal be approved "to avoid the risk of an adverse jury verdict and exposure to civil damages and attorneys' fees."

Read more at:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/09/11/BAS019LUOI.DTL&tsp=1

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Hospitals Own Up to Errors

by Alex 25. August 2009 02:24
When 18-month-old Kaelyn Sosa suffered a bump on the head in a fall at home, her mother took her to the emergency room to make sure it wasn't serious. While Kaelyn was under sedation in an MRI machine, her breathing tube was dislodged, cutting off her oxygen and causing a crippling brain injury.

As often happens after medical accidents, the facility, Baptist Children's Hospital in Miami, settled with the Sosa family for an undisclosed sum. But the hospital went further. Administrators analyzed the chain of events that led to the tragedy. They put in place new measures aimed at preventing the mistakes that injured Kaelyn from recurring and to better respond when something does go wrong. The hospital then engaged the child's parents in educational efforts to underline to medical staff the critical importance of patient safety.

Now Sandy Sosa, Kaelyn's mother, serves as a community liaison on the hospital's quality-and-patient-safety committee. "We wanted something good to come out of what happened to our daughter," she says.

Medical errors kill as many as 98,000 Americans each year, according to the Institute of Medicine, a government advisory group. In an effort to improve this record, some hospitals like Baptist Children's are taking steps to admit grievous mistakes and to learn from them in order to overhaul flawed procedures. That represents a sharp departure from hospitals' traditional response when something goes terribly wrong—retreating behind a wall of silence to guard against potential lawsuits.


Read more at 
http://online.wsj.com/article/SB10001424052970204884404574363043088675838.html

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Family of Newark crash victim receive $3.1M settlement from city

by Alex 6. May 2009 08:33

The family of a woman who died four years ago after her car plunged into the Passaic River in Newark -- near the place where three women had drowned in a similar accident several months before -- will receive a $3.1 million settlement from the city.  But a dispute still remains on whether the money will be paid in a lump sum or installments to the estate of Ceneida Zapata, said Adam Slater, an attorney with Roseland-based Mazie, Slater, Katz & Freeman who is representing Zapata's family.

Zapata, a 52-year-old Newark resident, died in March 2005 when she lost control of her 1989 Dodge Dynasty on Raymond Boulevard, then struck and killed pedestrian David Torre, 54, of East Orange, before dropping into the river. There were no barriers along the river where the accident occurred, although recommendations for them had been made after the three women drowned five months earlier.

Read more at
http://www.nj.com/news/index.ssf/2009/04/family_of_newark_crash_victim.html

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Piscataway man gets $1.2 million settlement in railroad injury case

by Alex 29. April 2009 04:14

Former switchman for Raritan Central Railway at Raritan Center in Edison who severely injured his knee in a fall in July 2004 settled with the company for $1.25 million. Christopher Hughes, 31, of Piscataway contended that the company failed to provide him with adequate training and instructed him to jump from moving trains.

He suffered a disabling injury, resulting in several operations and eventually a knee replacement. The case settled Monday, April 20, the day it was set to go to trial in Superior Court, New Brunswick, said his attorney, James Curran of Milltown.

Read more at
http://www.mycentraljersey.com/article/20090421/NEWS/904210340

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New Jersey head on car crash family recovers $17 million jury verdict

by Alex 2. April 2009 08:43

Three years later injury settlement finally awarded to family. Head on collision happened on rt 9 in New Jersey. 

An Ocean County jury returned a $17 million civil trial personal injury lawsuit verdict for a Lacey family recently. As reported by the Associated Press (AP), the lawsuit was filed after the Lacey, New Jersey, family was struck on Route 9, in Tuckerton, when a driver crossed over the center line and collided with the Rodens head on in August 2006.

Read more here
http://www.justicenewsflash.com/2009/04/02
/jersey-head-car-crash-family-recovers-17-million-jury-verdict_200904021009.html

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