Articles Posted in Legal Funding Lawsuit of the Day

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A $5 million lawsuit has been filed by Brasha Bowman on December 3, 2009, in the wrongful death of Jeffrey Brian Thompson II. Ms. Bowman, the girlfriend of Mr. Thompson, filed the lawsuit against James R. Hatfield and his employer, T and T Trucking on behalf of their young daughter, Zoey.

On November 9, Mr. Thompson, 19, and a co-worker, Cheyenne Dakota Burke, 18, were tightening a barrier cable in the median of I-75, in Tennessee, when James Hatfield veered off the southbound lanes and struck them. Both victims were pronounced dead at the scene. They were employed by Lu, Inc. of Kingston Springs, TN at the time of the accident. The lawsuit alleges that Mr. Hatfield was speeding and failed to be in control of his pick-up truck. It further states that he fell asleep, was under the influence, or was texting while driving. The lawsuit also contends that Mr. Hatfield violated flashing signals and a no passing zone in the area. Mr. Hatfield was employed by T and T Trucking at the time of the accident.

Reports state that Mr. Hatfield’s truck went off the roadway, struck the two workers and knocked down numerous metal fence posts before coming to rest about 100 yards from the initial impact point, investigators said. Investigators say they are thankful for the barrier cable, which kept the truck from entering the northbound lanes. Investigators will, hopefully, reconstruct exactly how this accident happened. There were no skid marks, but there were tire marks in the median. As standard procedure, authorities gave Mr. Hatfield a blood test. They are also looking into the possibility that Hatfield suffered a medical condition. Maybe the results will tell them more about this tragic incident. Could the loss of these two young lives have been avoided?

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An elderly woman, walking to the supermarket, was seriously injured by debris falling from the crash of an aerial lift into the roof of an apartment building in Philadelphia. The woman saw debris coming toward her, lifted her forearm for protection, and the impact of the boom broke her arm and crushed her elbow. She fell to the ground and got pounded with bricks and debris, suffering a fracture of her spine in the process.

Yesterday, Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley, P.C., her retained attorneys, filed notice of suit against those responsible for the October 12, 2009 incident; formal suit filing is expected within 30 days. Besides Rosen, two others were injured and aerial-lift operator, James Wilson, was killed..

According to witnesses, Wilson was repairing loose masonry on a church building. A huge wheel of the lift platform ran over a fiberglass and cement cable TV box that was embedded in the sidewalk. The weight of the lift broke the cover of the box; the lift destabilized and fell, scattering debris. Wilson was killed when the lift crashed into a truck with Wilson still harnessed to the lift seat.

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There are over 600 cases pending across the country against pharmaceutical giant Glaxo, alleging that the company continued to promote and sell the popular antidepressant, Paxil, and, while doing so, knew about and withheld evidence that the drug caused severe birth defects. The first of these cases has been tried to a verdict in Philidelphia.

Glaxo must pay $2.5 million to settle a claim that Paxil caused significant heart defects in a 3-year-old boy. Michelle David alleged that her son, Lyam Kilker, suffers from life-threatening heart defects as the result of her ingestion of Paxil while she was pregnant. After his birth, Lyam was hospitalized for several months so that doctors could repair his heart. As he grows, he will, most likely, require additional surgeries. A Philadelphia jury deliberated for seven hours before reaching the verdict. The jury refused to award punitive damages, finding Glaxo negligent, but not guilty of “outrageous conduct”. Glaxo promises an appeal and issued the following statement:

“While we sympathize with Lyam Kilker and his family, the scientific evidence does not establish that exposure to Paxil during pregnancy caused his condition. Very unfortunately, birth defects occur in 3 to 5 percent of all live births, whether or not the mother was taking medication during pregnancy.”

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How’s this for a bizzare case? Jerry Kubena, Sr. was suffering from a heart attack when he was admitted to St. Joseph’s Medical Center on June 1. Dr. Cleveland Enmon was on staff in the emergency room at the time Kubena was admitted, and was the attending physician. Two nurses working alongside Dr. Enmon noticed that Kubena was wearing a Rolex watch. Later, when Dr. Enmon pronounced Kubena dead, the nurses noticed Kubena’s watch was missing. The nurses suspected Dr. Enmon had stolen the watch, and this was confirmed on hospital surveillance cameras. The children of Mr. Kubena have filed a wrongful death lawsuit against Dr. Enmon, stating that the doctor intentionally abandoned efforts to save their father and save his life in order to steal his Rolex watch, estimated to be valued at $11,000 to $45,000.

“Enmon abandoned his efforts to resuscitate (the) decedent and decided instead to satisfy his narcissistic desires by stealing the wristwatch”, said Stockton attorney Jeffrey Silvia, in a lawsuit filed Wednesday in San Francisco Superior Court. The suit was filed against Dr. Enmon, St. Joseph’s Medical Center, and Catholic Healthcare West, which owns the hospital.

The family alleges that Enmon ceased efforts that could have saved Kubena’s life in order to steal the watch, and the hospital attempted to cover up the incident after Enmon had been fired. The lawsuit charges the hospital and its owners with conspiracy, negligent hiring and supervision. The Kubena family is seeking compensatory damages for their loss, and pain and suffering, emotional distress, and loss of companionship. They are also seeking punitive damages for negligence, fraud, and breach of care.

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Attorney Steve Laird, of Fort Worth, TX has filed a wrongful death lawsuit on behalf of Melissa Hinkle, claiming that the Texas state highway department and others negligently contributed to the wrongful death of Ms. Hinkle’s 13-year-old son, Casey Hinkle, and her 63-year-old father, Gervious Dale Hinkle. Ms. Hinkle was also injured in the semi-truck accident and has received extensive medical treatments, according to the lawsuit. Even though her visible injuries are fading, the emotional damage she suffered from losing her only son and her father may never heal.

The accident took place on a stretch of Interstate 35, which was undergoing repairs six miles south of Gainesville. Mrs. Hinkle’s Ford Explorer was hit by a semi-truck as it entered the construction zone. The lawsuit claims that the repair work “created a traffic jam that backed up for miles” prior to the wreck.

Ms. Hinkle is suing five parties, including the driver of the truck, the company for which the driver worked, the company that had the contract to perform the construction work on the interstate bridge, and the Texas Department of Transportation. The lawsuit alleges that the construction company, KKM Construction, Inc., caused a traffic jam which backed up interstate traffic for miles at the time of the accident. Randy Crume, the driver of the truck, was driving too fast as he entered the construction area, causing him to crash into Hinkle’s SUV.

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A medical malpractice lawsuit has been filed against Orthopedics Northeast by an Indiana woman, Jeanette Presley, claiming that a misdiagnosis caused the loss of a limb. Presley and her husband, Allen, filed the suit seeking damages for negligence relating to the misdiagnosis of a developing vascular problem in her leg.

Jeanette Presley went to Orthopedics Northeast three times in March, 2006, with the signs and symptoms of a vascular anomaly. The medical staff failed to correctly diagnose the condition on three prior visits. On April 10, 2006, Presley was admitted to Parkview Hospital for loss of blood flow to her right foot and an acute clot in the artery supplying the knee and thigh. Three days later, doctors had to amputate her leg above the knee.

In her suit, Presley claims that Orthopedics Northeast: (a) failed to perform tests which would have confirmed the loss of blood flow to her foot, (b) failed to recognize the lack of a pulse in her foot, and (c) failed to provide a timely referral to a vascular surgeon or cardiologist. The Presleys are seeking damages for medical expenses, income loss, and physical pain. The lawsuit was filed, in July of this year, only after Jeanette Presley received a ruling from the state’s Medical Review Panel that Orthopedics Northeast “failed to comply with appropriate standards of care.”

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Police officers have a duty to protect and serve the members of the communities they work for. However, time and again, it seems that a number of officers may use excessive force against those they have sworn to protect; many instances of this excessive use of force involve the use of tasers. Even more disturbing, is the use of tasers on minors, which may lead to serious physical and mental injury to a child. This concern failed to prevent two police officers from tasering 3 children in Southern Illinois, an event that has lead to litigation.

According to a recently filed lawsuit, two officers responded to a call at an adolescent center in Jefferson County, Illinois. Upon their arrival at the scene, they pushed 2 minors onto their beds and tasered them, allegedly, without provocation. According to a spokesperson at the adolescent center, the children had committed no crime and had been linked to no wrongdoing.

This lawsuit raises the important issue of non-lethal use of force by police. Tasers are not meant to kill, however, various studies have shown that their use, especially on children and younger adults, can lead to serious injury. This has not stopped certain police officers from using these weapons with little regard for safety. Police administrators should consider the cost of taser use, as well as appropriate regulation and training. Tasers are not toys; rather they can be a dangerous, sometimes deadly, weapon.

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It was inevitable; the family of the victim of the now famous chimp attack has filed a $50 Million lawsuit against the chimp owner. The lawsuit alleges that the chimp’s owner, Sandra Herold, knew that the chimp had “exhibited aggressive behavior” to other people in the past and had “failed to take sufficient actions to safeguard third parties from the wild animal”. The victim and the chimp’s owner were friends and the chimp, named Travis, which weighed a hefty 200 pounds, had been a family pet since infancy.

The lawsuit was filed on behalf of plaintiff, Charla Nash, by the firm of Willinger, Willinger and Bucci who have petitioned the court to freeze the defendant’s assets. A key issue in the case is whether a “wild” animal should ever be a pet in someone’s home. In this case, that theory could be buttressed if the alleged prior “aggressive behavior” can be demonstrated. Attorney Charles Willinger, a named partner in plaintiff’s law firm said that “these animals are wild, wild animals and have no business being in anyone’s home”. He stated that the dangerous condition presented by the wild animal creates strict liability in the case. The lawsuit describes the plaintiff’s injuries as loss of both hands and traumatic facial injuries including loss of nose, upper and lower lips, eyelids and the bony structures in the face. The plaintiff is in critical condition at the Cleveland Clinic.

This lawsuit appears unusual; the elements of a chimpanzee or wild animal seem to make it so, but, in legal circles, animal attack cases are not at all unusual. This is very similar to a domestic dog or cat attack under homeowner liability and animal attack statutes. In most jurisdictions, homeowners are strictly liable for injuries resulting from unprovoked pet attacks against social or business invitees. The law is very clear and simple in cases like this and strict liability (if there was no provocation) will probably apply here. The fact that this was a wild animal might result in a finding of gross negligence in this case, and may outrage the trier of fact, but that may be the only real difference between wild and domestic animal cases.

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The family of a motor cycle club member who was Tasered to death by the San Jose Police has filed a $20 Million dollar federal court lawsuit against the City of San Jose, its police chief and the company that made the electric stun gun. The lawsuit alleges that Steve Salinas, 47, was beaten excessively and Tasered to death despite the fact that he was unarmed and did not resist. The suit also accuses charges that police training and policies encourage racial profiling and violence against those racially profiled. The incident occurred over one year ago and police involved have continued to maintain that Salinas did resist arrest and that they used appropriate police procedures restrain him.

The county coroner’s office ruled that Salinas, who apparently had a pre-existing heart condition, died of cardiopulmonary arrest during a violent physical struggle while under the influence of PCP. The medical examiner opined that the Taser stunning was an “other significant condition,” but fell short of saying that it was a contributing factor to his death.

Since 2004, there have been many similar incidents involving Tasers, citizens and the San Jose Police; 5 deaths have occurred and similar lawsuits have been filed. San Jose police say that Tasers are appropriate when dealing with violent suspects and have cut down on injuries and the use of firearms. In the Salinas case, a previous criminal investigation by the district attorney’s office resulted in no criminal charges being filed against the officers.

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The family of an eight year old boy who was shot by an off duty police officer, has filed a police misconduct lawsuit in federal court in San Diego, CA. The lawsuit was filed against off-duty San Diego police officer Frank White, the city of San Diego, the San Diego Police Department and its police chief. It seeks damages “in an amount sufficient to punish and to make an example” and seeks changes in department policies, such as regulating off-duty officers’ ability to carry firearms and implementing psychological testing for officers with blemished records.

The shooting was, apparently, the culmination of a road rage incident in Oceanside, CA. Oceanside police say that the child’s mother has a .15 blood-alcohol level at the time of the incident and followed White into a Lowe’s parking lot in Oceanside and sideswiped his car after he displayed a firearm. The City of San Diego is taking the position that the incident was the mother’s fault. “It’s really hard to understand why the taxpayers of San Diego would be required to be financially responsible for what happened”, said the San Diego City Attorney. No charges have been filed against Ms. Silva.

Police Brutality or Police Misconduct cases are tough cases to prove. People simply do not want to believe that those who are sworn to uphold the law will, sometimes, break it, or, in a lesser sense, perform their duties negligently. An experienced attorney, specializing in this type of litigation is an absolute necessity. If you have a potential police misconduct case and you don’t have an attorney, Lawsuit Financial can refer you to a specialist, nationwide. If you have an attorney and have filed a police misconduct lawsuit, as was the case here, Lawsuit funding may be available to you, if injury or disability caused by the incident results in financial distress. If you qualify, you don’t have to wait to resolve your lawsuit to get the money you need; Lawsuit Financial will look at your case, work with your attorney, and provide the legal funding necessary to relieve the financial pressure to settle early and cheap. We also provide litigation funding for Auto Accident victims and all other personal injury victims with pending lawsuits. Call us, toll free, at 1-877-377-SUIT (7848), and talk to an experienced legal finance representative for free. Or, visit us on the web at www.lawsuitfinancial.com. We will do everything in our power to assist you.