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$5 million settlement insurer doesn't have to pay widow of officer accidentally killed on duty, court rules

by admin 14. May 2010 09:58
Easton, not its insurance company, is on the hook for the city's $5 million settlement with the widow of an officer shot inside police headquarters, a federal appeals court said Tuesday. A three-judge panel of the 3rd U.S. Circuit Court of Appeals sided with Scottsdale Insurance Co., agreeing that the lawsuit over officer Jesse Sollman's accidental shooting in 2005 falls under an ''employee injury exclusion'' in the city's insurance policy.

Mayor Sal Panto Jr. said city officials haven't ruled out appealing the decision to the U.S. Supreme Court, though no plans have been made. Advertisement ''It wasn't a good day for the city,'' he said, but ''we are not prepared to roll over. We're going to be looking at the decision and evaluating it with our legal team.'' In November, city officials agreed to the $5 million settlement the largest in Easton's history to end the wrongful death and civil rights suit brought by Sollman's widow, Carin.

Easton has already paid $3.1 million to Sollman, and the rest is due by the end of the year.

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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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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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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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DART bus driver strikes pedestrian number 7 forcing new rules with $2.74 million settlement!

by admin 10. August 2009 10:00

DART bus driver hits pedestrian last Monday in downtown Des Moines sending the suffering walker to Iowa Methodist Medical Center for treatment of her injuries. This marks the seventh such bus pedestrian accident in two years involving DART prompting Iowa officials to enact two new rules.

The new rules include a temporary turn-and-honk policy, and a complete ban on left hand turns in the heart of Iowa’s capital city. All of this occurred less than a week after personal injury lawyers, representing DART and an injured pedestrian, reached a $2.74 million settlement agreement involving the plaintiff being struck by a city bus. The mulit-million dollar bus accident injury claim involved one of the other 7 pedestrians who have been hit by DART buses since July 2007.

Read more at
http://www.justicenewsflash.com/2009/08/04/dart-bus-driver-strikes-pedestrian-number-7-forcing-rules_200908041807.html

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