Entergy Mississippi, Inc. v. Acey: On Emotional Distress Claims in Personal Injury Cases

Entergy Mississippi, Inc. v. Acey, a case from the Supreme Court of Mississippi, involved a child who was electrocuted while playing on a farm.

power-1418237-m.jpgEmployee was operating a cotton picker and parked it under an allegedly sagging power line. The child climbed onto the parked cotton picker, touched the power line and was electrocuted.

During his deposition, employee testified that he and his sons were unaware that farm owners' daughter and her friend, the electrocuted child, were playing nearby. One of employee's sons saw a flash, and they immediately ran to the area where the flash originated and found plaintiff on top of the cotton picker. Employee held the child until paramedics arrived.

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Kovnat v. Xanterra Parks and Resorts: On Personal Injury and Motions for Summary Judgment

Kovnat v. Xanterra Parks and Resorts, a case from United States Court of Appeals for the Tenth Circuit, involved plaintiff who was injured while horseback ridding in Yellowstone National Park.

western-saddle-941483-m.jpgPlaintiff and her husband, both from California, traveled to the park in Wyoming for a vacation. While on vacation, they went on an evening horseback ride. Defendant is the provider of the horseback riding attraction.

Plaintiff, her husband, and other tourists were asked to sit on a bench while they were instructed on how to ride a horse. Defendant alleges that all riders are told that if they feel the saddle slip, even slightly, they should stand up in the saddle and attempt to straighten the saddle. They are also told to tell a wrangler that there is a problem with the saddle.

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Powers v. 31 E 31 LLC: On Premises Liability Issues

Powers v. 31 E 31 LLC, a case from the New York Court of Appeals, involved plaintiff who was injured at a friend's apartment building. After a night of drinking, plaintiff and some friends went to apartment where the accident occurred.

rusty-roof-1445317-m.jpgWhile at the apartment, the group stepped through a window to access the roof deck. The window opening was nearly a foot and a half wide and a little more than two feet high. The roof area flat enough to walk on was five feet wide and extended the entire length of the building. The portion of the roof abutted the exterior wall of the next building.

At one portion of this flat roof, an airshaft separated the two buildings. The airshaft consisted of a 25-foot vertical drop with no railing or other protection to keep people from falling into the shaft. The opening of the shaft was approximately four feet by eight feet.

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Yanmar America Corporation v. Randy Nichols: On Liability to Manufacturers of Goods That Are Later Resold to Plaintiff

In order to stay competitive, farmers are constantly relying on complex machinery to get the job done. In Yanmar America Corporation v. Randy Nichols, a farmer purchased a new tractor that contained both a front loader and a brush hog attachment. This particular tractor did not feature a rollover protection structure (ROPS) in the design.

plowing-1328815-m.jpgPlaintiff and his brother were using the tractor to "brush hog" a parcel of land that featured a significant slope. Plaintiff did not inspect the hill on foot prior to taking the tractor up the hill. According to court records, plaintiff was driving the tractor in tall grass at walking speed when he turned around to check on the brush hog attachment.

When plaintiff turned back around, he felt the front tire drop as if it was falling into a hole in the ground. It was actually a ledge or drop off on the edge of the hill that caused the tractor to roll over sideways. After rolling a complete 360 degrees, the tractor was back on its wheels, but plaintiff was thrown from the tractor during the roll.

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Massachusetts Supreme Judicial Court (SJC), Roe No. 1 v. Children's Hosp. Med. Ctr.: On Negligent Supervision Claims

When we send our children to the doctor, we assume doctors and healthcare providers have been screened for any issues in their backgrounds. A recent case from the Massachusetts Supreme Judicial Court (SJC), Roe No. 1 v. Children's Hosp. Med. Ctr., centers on this issue.

hospital-corridor-2-65904-m.jpgIn Roe No.1 (Roe being used in place of the name for plaintiff who is a minor), a doctor was hired by a Boston pediatric hospital in 1966 to work as a pediatrician. The doctor held the position until leaving the hospital in 1985 to work as a pediatrician at an out-of-state hospital.

After 24 more years of working as a pediatrician, he voluntarily surrendered his license to practice medicine in the face of allegations that he performed a number of unnecessary genital examinations on his patients.

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Crocker v. Morales-Santana: On Multi-Party Litigation in Personal Injury Cases

Crocker v. Morales-Santana, a case from the North Dakota Supreme Court, involved a sheriff who suffered serious personal injury when his patrol car was hit by a semi-tractor trailer driven by defendant.

truck-1192523-m.jpgThe police car was parked on the north side of an interstate, while the sheriff was helping a stranded motorist during a winter storm. Defendant owned the truck that he leased to a tire collection company. According to defendant's testimony, he was driving the truck that day as an independent contractor of the tire collection company.

Plaintiff first filed a personal injury lawsuit against defendant and the tire collection company. After the tire collection company liquidated, plaintiff and his wife amended their complaint to include a national motor carrier who had contracted with the tire collection company to provide trailers for use by the company. This is a typical arrangement in the commercial trucking industry.

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Alleged Medical Malpractice in Boston Results in Wrongful Death

A pilot program at six Massachusetts hospitals is designed to increase patient satisfaction and reduce the cost of medical malpractice lawsuits, according to a recent news article in the Boston Globe.

scalpel-474085-m.jpgAttorneys in Boston who regularly represent clients in medical malpractice lawsuits understand the hardship caused to victims and their families when a hospital or other medical provider refuses to accept financial responsibility for medical mistakes.

In one such case, a 74-year-old woman injured her back when she fell in her Watertown, Massachusetts apartment. Surgeons fused sections of her spinal column to immobilize it, in an attempt to ease her pain. When the surgery failed, doctors recommended having a pain management pump implanted, so that it could deliver pain medication directly to her spine.

Her sons took her to Tufts hospital for what was supposed to be an outpatient procedure scheduled to take two hours. When the surgeon was having trouble seeing where the tubing needed to be inserted, he asked a nurse to go the hospital pharmacy and get a specific type of contrast dye.

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Jane Doe No. 14 v. Internet Brands, Inc.: On Failure to Warn Claims in Personal Injury Cases

In Jane Doe No. 14 v. Internet Brands, a case from the U.S. Court of Appeals for the Ninth Circuit, plaintiff set up a profile on a website used by amateur and professional models in an attempt to find work.

laptop-1403785-m.jpgAfter plaintiff uploaded her information, two men, who were using the website as part of a kidnapping and rape scheme, contacted plaintiff posing as talent scouts. The men invited her to an interview in south Florida.

According to court records, when she arrived at their office, the men gave her a date rape drug that put her into a semiconscious state and then raped her. The incident was recorded on video and sold as pornography.

Plaintiff filed a lawsuit against owners of the website under a negligence theory known as failure to warn. Her claim was that the website owners knew of the criminal activity by these two men and failed to warn her of this known danger before uploading her profile. She asserted that her being raped was essentially caused by the defendant's negligence. As sexual assault lawyers in Boston understand, failure to warn of a known danger is one of the more common theories of negligence in situations where a business owner or employer is being sued.

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Burns v. City of Centralia: On the Duty of Care in Negligence Actions

Our slip and fall attorneys in Boston understand the importance of establishing a duty of care is owed in a negligence lawsuit.

broken-sidewalk-2-1090214-m.jpgIn Burns v. City of Centralia, a case from the Illinois Supreme Court, plaintiff was injured when she tripped and fell on uneven sidewalk. Plaintiff drove to an eye clinic for an examination. When she arrived at the clinic location, she chose to park on the street, rather thank parking in the clinic parking lot. She had done this on nine prior visits to the eye clinic.

While walking from her car to the clinic, plaintiff stubbed her toe on the uneven sidewalk. After stubbing her toe, she tripped and fell to the ground, injuring her arm, knee, and leg. According to court records, plaintiff saw the sidewalk defect and had been aware of it from her visits. There was testimony that there was no way you could miss this defect in the sidewalk. During her walk to the clinic, she was focused on the door and the steps leading up to the door.

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Jentz v. Conagra Foods, Inc.: On Personal Injury Cases involving Multiple Defendants

Our personal injury attorneys in Massachusetts know independent contractors who are injured on the job are typically not covered by workers' compensation insurance and may be required to file a civil lawsuit.

1095707_fire__fire_4.jpgJentz v. Conagra Foods, Inc., a case from the United States Court of Appeals for the Seventh Circuit, involved a grain bin that exploded in 2010, injuring three workers. The jury, after trial that lasted more than two weeks, awarded plaintiffs $180 million in compensatory and punitive damages. The defendant who owned the grain bin argued that liability should rest with a company hired to fix problems with the bin before the explosion occurred.

The appellate court noted that explosions are a constant danger in grain storage bins. Grain bins produce combustible dust and carbon monoxide that can explosively oxidize to carbon dioxide when a heat source is introduced. Decaying grain can give off enough heat to start the explosive reaction.

Prior to the explosion, company employees noticed a burning smell coming from a bin containing wheat pellets. The company hired defendant, who specialized in fixing "hot bins" at grain storage facilities. The work did not begin immediately because the grain bin owner was trying to get the company to work at a lower rate and started contacting competitors.

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Carnival Ride Claims Life of 8-year-old

In the last days of summer, people are trying to make the most of what is left of the warmer weather. For some families, that means going to a county fair or local carnival.

1334532_ambulance.jpgAccording to a recent news article from British publication, Mail Online, an eight-year-old girl was killed while riding on a carnival ride called Air Maxx 360. This was first time carnival promoters had used the particular attraction, but it is said to have been used throughout Australia in the past without incident.

The ride is a typical cardinal attraction where riders are seated in cars that are lifted up and twirled around a spinning tower. One witness said that the victim was wearing her safety harness, but it looked as if she was slipping out of her seat. At one point, she was hanging on the ride by her legs and trying to block her face with her hands as she was violently spun around.

When she could no longer hold on, she was thrown about 30 to 45 feet from the ride at a height of about 30 feet off the ground. She died after hitting the pavement. She was taken to a local hospital by EMTs, but it was obvious to witnesses that the victim was fatally injured. She was pronounced dead a short time after arriving at the trauma center.

Authorities are saying that there will be an extensive investigation into the exact cause of the accident, but it will take some time due the complexity of the events and the number of witnesses involved.

Our attorneys who handle personal injury claims in Boston understand that people are putting their trust and lives in hands of amusement companies every time they go on a carnival or amusement park ride. The public believes that the company has done everything possible to provide a thrilling ride while never placing a rider in any real danger.

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Golfer Greg Norman Injured in Chainsaw Accident

According to recent news report from CNN, professional golfer Greg Norman was hospitalized after being injured in a chainsaw accident. Norman had posted pictures of himself with the chainsaw on the social media platform Instagram with a caption that it was time trim the sea grapes and that you should never pay someone to do a job you can do yourself.

1314902_medical_doctor.jpgLater that same day, Norman posted another photograph showing himself in a hospital with an air cast on his arm. In this photograph he told viewers that he was lucky to be alive, to always respect chainsaws, and the he still had the use of his left hand.

It has been reported that he injured himself while using the chainsaw and required surgery to repair the resulting nerve damage. He is expected to make a full recovery.

While it appears that Norman will be okay when his arm heals, our injury attorneys in Boston know accidents involving power tools and heavy machinery often end with more tragic results.

While there are many occasions where the injury was truly an accident for which nobody was at fault, there are also times when the injury is the result of a defectively designed tool, or the result of the manufacturer failing to adequately warn users of dangers the company knew or should have known about.

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Inmate Died of Heat Exposure in NYC Jail: On Section 1983 Claims

According to a recent story from WTOP news, an inmate at Rikers Island New York City jail died from excessive heat while in his cell. It is being reported that the decedent, a veteran of the United States Marine Corps, had been homeless since his separation from the military and was suffering from schizophrenia.

1409592_gavel_2.jpgDecedent had been prescribed antipsychotic medication, which doctors know increases a patient's sensitivity to heat, to treat his mental disorder. He had not been checked on for at least four hours when he was found dead in his 104-degree jail cell, which was not air-conditioned. He was lying at the foot of his bed in a pool of blood and vomit. Speaking on a condition of anonymity, a jail official said he basically baked to death.

The decedent was at Rikers Island after being arrested on misdemeanor trespassing and could not make bail, so he was being held until trial.

As our injury lawyers in Boston know, when a person is injured or killed in a state-run facility such as a prison, nursing home, or hospital, plaintiffs may be able to file a type of lawsuit in federal court known as a Section 1983 Action.

This is short for Section 1983 of 43 United States Code. This section allows a person to sue state employees acting on behalf of the state in federal court for a civil rights violation. "Civil rights" is often an ambiguous term, but it has come to include treating people in a state facility in a negligent way that results in injury or death.

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"Hot Coffee" Documentary Details How Tort Reform Movement Gathered Steam

Almost certainly, you have heard of the 1990s case involving the woman who was awarded millions of dollars after spilling takeout coffee in her lap. The case was upheld as an example of how absurd our justice system had become, how out-of-control juries were getting and why civil justice reform couldn't come soon enough.
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However, there are a lot of things you probably don't know about the case. This includes the fact that news of the outcome was manipulated by corporate interests as part of an ongoing public relations campaign to severely undercut public access to and benefits from civil court. It became the catalyst for a wave of damage caps enacted by state legislators, as well as the start of more companies using mandatory arbitration agreements to force people to settle their disputes out of court. The public was told these steps were in their bests interests, because high damage awards to injured parties resulted in higher costs to them for everything from auto insurance to health care to their next cup of coffee.

Our Boston personal injury lawyers know this is patently false, as is the idea that the plaintiff in the so-called "hot coffee case" was out for a quick payday. All of this is the subject of a new documentary entitled, "Hot Coffee," available on DVD and Netflix streaming.

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Adams v. Laboratory Corp. of America - When Laboratories Fail to Properly Diagnose

Medical malpractice comes in many forms, one of the most common of which is failure to diagnose.
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Sometimes, this is a failure on the physician's part. He or she did not follow acceptable standards of care when making or attempting to make a diagnosis. (The fact that he or she was wrong isn't usually enough to prove the case; a plaintiff needs to prove the doctor breached the industry standard of care for his or her field.)

However, there are some occasions where failure rests on the shoulders of the laboratory that processed and analyzed the bio-samples. Our Boston medical malpractice attorneys recognize that while these technicians may not have gone to medical school, they and their employer can still be sued for medical malpractice because of their role in the health care industry.

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