Monthly Archives: April 2015

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In NYC, one “passer-by” injured per month in construction accidents

Back in March, 37-year old Tina Nguyen was walking by a construction site on West 12th Street talking on her phone when a gust of wind tore loose a plywood sheet sending it airborne and striking and killing her. A Wall Street Journal analysis of Department of Buildings data has found that at least one person per month has been injured while walking by a construction site.  Between Read More →

SCOTUS makes it easier to sue feds for medical malpractice

In a 5-4 decision, a Supreme Court ruling will make it easier for military veterans to sue the federal government for medical malpractice. The ruling extended the statute of limitations if the plaintiffs made good faith effort to comply or failed to learn relevant facts before the statute expired. Justice Elena Kagan, writing for the majority The Federal Tort Claims Act (FTCA or Act) provides that a Read More →

Yankees’ Sabathia sued over “vicious” dog bite

Yankees pitcher CC Sabathia has been sued by an electrician who claims one of Sabathia’s  dogs,  a sheep dog, bit him viciously at the pitcher’s home in Alpine, NJ  reported that [Phillip] Epstein, who was bitten “about the body,” is suing for an undisclosed amount that covers compensatory damages, interest, the cost of the lawsuit and attorneys’ fees. … the Sabathias “intentionally, recklessly, carelessly Read More →

Medical Device company Medtronic has poor track record

Earlier this month medical device maker Medtronic settled a lawsuit with the federal government for $4.54 million dollars. The company was accused of violating The False Claims Act when it deliberately violated U.S. law requiring that devices sold to the military be manufactured in the U.S. or one of its trading partners. Medtronic allegedly imported spinal surgery devices from China and relabeled them as Manufactured in Memphis, Read More →

Uber car service sued in Brooklyn for reckless driving

The new car service Uber has been sued in Brooklyn Supreme Court by two car services, XYZ Two Way Radio Service and Elite Limousine Plus. The two livery cab services claim that Uber drivers are a “pack of predatory drivers racing to win fares with their eyes on their phones instead of the road.” New York law forbids using a cell phone while driving and the car services Read More →

Medical Malpractice: What you need to know

What is medical malpractice? Medical malpractice is negligence committed by a professional health care provider a doctor, nurse, dentist, hospital or hospital worker whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient. It can result from a failure to act or from acting improperly. Do I need a lawyer to pursue Read More →

OSHA shorthanded. Construction workers suffer

More than four decades ago, in 1970, Congress enacted the Occupational Safety and Health Act, (OSHA) to ensure workers in this country have the right to a safe job. Workplace safety has improved, but too many workers remain at serious risk of injury, illness or death in the workplace. There are only a total of  1,955 inspectors to inspect over 8 million workplaces. That means it would take Read More →

Feds liable for death of famed attorney’s sister in bicycle accident

Back in February we wrote about a wrongful death lawsuit brought by famed trial attorney Alan Dershowitz after his sister was hit and killed by a Postal Service truck Dershowitz was hit by a Postal truck which fled the scene. The driver was found not guilty of leaving the scene of an accident and faced no other charges. Ian Clement, the driver of the truck Read More →

Truck driver files suit after near drowning in molasses

This bit of strange news comes from the Courthouse News website. Truck driver Thomas Hooten is suing the owners of a Black Angus cow he hit and killed on a Colorado highway while hauling a load of molasses. He is also suing the driver of a pickup truck he blames for the accident. According to the complaint filed on April 6th he claims he had Read More →

Fiat/Chrysler hit for$150 million in wrongful death case

Fiat/Chrysler has been ordered to pay a Georgia family $120 million plus, $30 million for pain and suffering after losing a wrongful death lawsuit for a rear-end car crash the killed 4 year-old Remington Walden. A jury found the company acted with “reckless and wanton disregard”in the death of death of Walden. They found that the company failed to warn customers that the gas tank’s position in the Read More →