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March 30 2014

willardvilb

Can You Sue The County For False Identity?

Can you sue the county for false identity? Started by MrGreer , Mar 19 2014 06:36 AM Please log in to reply 1 reply to this topic 1 posts Posted 19 March 2014 - 06:36 AM Can you sued the County for fasle idenity as well loss time by being held as prisoner, then still have that person post for that Charge? 58,808 posts Posted 19 March 2014 - 07:42 AM Your question is quite garbled.  Anyone can sue anyone else for anything; whether there's a legit basis to do so is another question (and presume you mean "false imprisonment" instead of "fasle idenity [sic]".  (Don't know what to make of "then stil have person post for that Charge?".) I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229842-can-you-sue-the-county-for-false-identity/
willardvilb

Wrongful Death Legal Fight With City Continues In District Court

She says Seipler used excessive force and acted recklessly without consent or provocation in attempting to subdue Maxson. Four other deputies were named in the lawsuit, as was a Wonder Lake police officer. The attorney representing Dooley-Trewartha wasnt immediately available for comment. Seipler was involved in a more recent shooting in November 2012 involving a Marengo man who police said pointed a gun at deputies. Seipler fired beanbag rounds at Edward P. Bolen, who sustained minor injuries as a result. Bolen was charged with aggravated assault and aggravated unlawful use of a weapon, and his case is pending before McHenry County Judge Gordon Graham.
For the original version including any supplementary images or video, visit http://www.nwherald.com/2014/03/28/wrongful-death-suit-filed-in-06-fatal-wonder-lake-shooting/a85vfuj/

(WHNT) A lawsuit naming General Motorsclaims a faulty ignition switch caused the death of a 32-year-old Lauderdale County woman. Aubrey Wallace Williamshad just dropped her two kids off at school when police say her car darted into the path of an 18-wheeler on Dec. 4, 2013. A national recall of the Chevrolet Cobalt prompted authorities in Lauderdale County to re-open the investigation into a fatal wreck that claimed Williams life earlier this month. General Motors has issued a recall for more than1.4 million cars in North America. The issue cited in the recall has been linked to at least 12 deaths, according to GM. The issue behind the recall involves ignition switches that can be bumped out of the Run position into the Off or Accessory position.
For the original version including any supplementary images or video, visit http://whnt.com/2014/03/24/wrongful-death-lawsuit-filed-against-gm-in-lauderdale-county/

Vickie McConnell frantically called her husband, screaming that a truck had hit Mark and he was being flown to Youngstown. The McConnells both arrived at St. Elizabeth Health Center around 9:15. Marks father caught a glimpse of his son as they unloaded him from the helicopter. He and his wife were herded into a private room to wait, until doctors informed them that Mark had gone into cardiac arrest and died en route. According to court documents, he suffered a fractured skull, internal injuries and hemorrhaging. Accident reports and testimony showed that Johnson, who was not injured, had failed to stop for a stop sign and red flashing signal and his rig hit Marks car broadside, causing it to spin and hit two utility poles.
For the original version including any supplementary images or video, visit http://www.ncnewsonline.com/topstories/x787235754/Wrongful-death-suit-yields-5-4-million-jury-award

Police say CSPD officer James Elkins had his emergency lights on and slowed to remove debris from Highway 6 when 79-year-old Lillie Bayless of Caldwell was behind him. A third driver, 69-year-old Laura Striegler of College Station slammed into the back of Bayless's car, forcing Bayless to hit the police car in front. Bayless died a short time later, Elkins and Striegler were both injured. Now Bayless's daughter is looking to the courts to find the City of College Station, Elkins, and Striegler each liable for the death. Documents show the City filed a motion for summary judgment alleging sovereign immunity which was denied, and Friday the 272nd District Court in Waco reversed a trial court's order denying the City's motion for summary judgment http://www.manta.com/c/mxjxn8f/the-law-offices-of-kevin-cortright-and-jon-hellesen and remanded the case to the trial court for further proceedings. Patricia Kahlden, the plaintiff, is suing for negligence, survival damages, and wrongful death.
For the original version including any supplementary images or video, visit http://www.kbtx.com/home/headlines/Wrongful-Death-Legal-Fight-with-City-Continues-in-District-Court-253006601.html

March 28 2014

willardvilb

Sound Mind And Healthcare Directive

Sound mind and healthcare directive Started by MissinBro , Yesterday, 02:02 PM Please log in to reply 6 replies to this topic 8 posts Posted Yesterday, 02:02 PM Are there laws in place in general to prevent someone who is not of sound mind from issuing a healthcare directive and/or appointing a healthcare proxy in the process of being placed in a nursing facility in AR? 58,804 posts Posted Yesterday, 02:19 PM Let's put it this way ... someone is free to challenge the validity of a healthcare directive if the person issuing it isn't legally competent. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  58,804 posts Posted Yesterday, 04:16 PM Forgery being a separate matter, if a directive says in effect "don't do X-Y-Z to save or sustain my life" and the doctor doesn't do X, that's not medical malpractice.  (Arguably, even if a medical professional knew the document was no good, that doesn't mean not doing X was malpractice.) I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229923-sound-mind-and-healthcare-directive/
willardvilb

Exclusive: Pat Cook Wrongful Death Settlement Is $300k

Authorities received a tip Thursday afternoon of the suspect heading towards The Marshall Police Department received a tip on wanted murder suspect, 32-year-old Corey Lamar Johnson. Updated: Thursday, March 27 2014 6:30 PM EDT2014-03-27 22:30:30 GMT A jury has been selected in the Brian Horn murder case. The panel is made up of one black male, and 11 whites which consist of five males and six females. KTBS 3 News has learned the trial could start A jury has been selected in the Brian Horn murder case. Updated: Thursday, March 27 2014 9:24 AM EDT2014-03-27 13:24:37 GMT Shreveport Police are investigating a shooting that injured man overnight in west Shreveport. Just before 10:00 p.m. on March 26, 2014, Shreveport Police officers were dispatched to an apartment complex Shreveport Police are investigating a shooting that injured man overnight in west Shreveport. Updated: Thursday, March 27 2014 9:13 AM EDT2014-03-27 13:13:25 GMT Prosecutors have charged "Scandal" star Columbus Short with felony battery after they say he hit a man and caused serious injuries earlier this month.
For the original version including any supplementary images or video, visit http://www.ktbs.com/story/25082445/inmates-family-files-wrongful-death-lawsuit

John King is disabled and has been living in the home for five years. He came home to find the inside More >> John King is disabled and has been living in the home for five years. He came home over the weekend to find the inside charred with his possessions ransacked and burned. More >> Updated: Friday, March 28 2014 7:58 AM EDT2014-03-28 11:58:16 GMT A formerElyria daycare worker accused of having sex with two infants is scheduled for a pre-trial today along with her sex offender boyfriend. More >> A formerElyria daycare worker accused of having sex with two infants is scheduled for a pre-trial today along with her sex offender boyfriend. More >> Updated: Saturday, May 1 2010 11:19 AM EDT2010-05-01 16:19:26 GMT GRAPHIC PICTURES: CLEVELAND, OH (WOIO) - It was one of the most gruesome sights in Cleveland crime history. More >> Updated: Thursday, March 27 2014 8:29 AM EDT2014-03-27 12:29:14 GMT The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) plans to remove close to 120,000 pounds of processed egg products off store shelves. FSIS is also issuing a public health More >> A government agency is issuing a public health alertinvolving processed egg products. More >> breaking Updated: Friday, March 28 2014 11:22 AM EDT2014-03-28 15:22:55 GMT Jackson police have confirmed to us that an officer fired his gun at a suspect on Friday morning.
For the original version including any supplementary images or video, visit http://www.msnewsnow.com/story/25047404/wrongful-death-against-gulf-coast-casino-dismissed

Family of Redwood City teen bicyclist killed in 2012 resolve wrongful death claim

In court documents obtained by RumorFix from the Second Appellate District Court for California, they state the appeal is dismissed and parties must bear their own court costs. Michaels mom and his children sued AEG Inc. and its subsidiary AEG Live, in September 2010, but Katherines attorney Kevin Boyle, tells RumorFix that AEG Inc was removed from the lawsuit when it was determined that AEG Live had the contract with Michaels physician Dr. Conrad Murray. The decision to dismiss the appeal against AEG Inc. is of no legal significance in the main case against AEG Live, Boyle said.
For the original version including any supplementary images or video, visit http://rumorfix.com/2014/03/katherine-jacksons-wrongful-death-appeal-against-aeg-dismissed-exclusive/

The girl, Leyla Beban, was riding her bicycle to school on Nov. 26, 2012 when a pickup truck collided with her in Redwood City, according to her family's attorney Gary Brustin. The family later filed a wrongful death claim, which has been resolved and the terms are confidential, according to Brustin. The lawyer did not disclose to whom the wrongful death claim was made. Leyla's family members wanted to set the record straight with the lawsuit and conduct their own investigation into the accident after being disappointed with the Redwood City police investigation, according to Brustin. Leyla was on her way to school that day when she was hit by a vehicle at Jefferson Avenue and Alameda De Las Pulgas at about 8:30 a.m., according to Redwood City police. The Woodside High School freshman and the driver of the vehicle were both turning right onto Alameda de las Pulgas from eastbound Jefferson Avenue, police said. Leyla was taken to Stanford Hospital, where she died from her injuries, police said.
For the original version including any supplementary images or video, visit http://www.mercurynews.com/crime-courts/ci_25409053/family-redwood-city-teen-bicyclist-killed-2012-resolve

Alabama family sues GM in wrongful death case involving Chevy Cobalt ignition switch failure

The original wrongful death suit sought $5 million in the slaying of 54-year-old Cook by on-duty Culpeper Police Officer Daniel Harmon-Wright. The 34-year-old former U.S. Marine and Iraq War veteran is currently serving a three-year sentence for manslaughter in http://www.manta.com/c/mw2d53c/law-offices-of-kevin-cortright her death that occurred Feb. 9, 2012. Harmon-Wright agreed to the settlement "without in anyway admitting negligence liability on its part," according to court documents. The settlement agreement, if approved by the court, will resolve all three cases arising out of the wrongful death of Cook including lawsuits against Harmon-Wright, Culpeper Police Chief Chris Jenkins and former Culpeper Police Chief Dan Boring. Jenkins and Boring were sued, respectively, for wrongful retention and training and wrongful hiring of Harmon-Wright.
For the original version including any supplementary images or video, visit http://www.dailyprogress.com/starexponent/news/local_news/exclusive-pat-cook-wrongful-death-settlement-is-k/article_7f6d6420-b521-11e3-b391-0017a43b2370.html

GM was fully aware of the safety issues the ignition switch would cause to its customers for well over a decade before instituting this recall. The suit, filed Monday, also lists Delphi Automotive Systems and dealerships as defendants. Delphi supplied the part on the Cobalts and other recalled vehicles. GM spokesman Jim Cain on Tuesday would not comment on the lawsuit, but said the company would respond to it in due course. Delphi spokesman Claudia Tapia said the supplier wouldnt comment on the lawsuit, but said Delphi is working cooperatively with GM on the recall. Separately, U.S. Sen. Pat Toomey, R-Pa., said on Monday he received a response from GM that it will return a black box from a 2005 Chevy Cobalt involved in a crash that killed a Pennsylvania woman in 2010. Kelly Erin Ruddy was 21 when she died. Her parents, Leo and Mary Theresa Ruddy, are concerned that an electrical failure may be to blame for the crash.
For the original version including any supplementary images or video, visit http://www.detroitnews.com/article/20140325/AUTO0103/303250063

March 27 2014

willardvilb

Question About Brothers Death

Question about brothers death Started by cloudnine , Yesterday, 02:04 AM Please log in to reply 2 replies to this topic 1 posts Posted Yesterday, 02:04 AM im sorry im new to this site i got a question,my brother was killed two years ago he was unarmed the man who did it was ser guard where he lived when it happen he wasnt in his work clothes he had no reason to kill him that day he never did a day in jail n they some what paid his his wife off to go away Edited by FindLaw_Kevin, Yesterday, 07:40 AM. This post has been edited to remove personal or identifying information. - Moderator 298 posts Posted Yesterday, 08:40 AM Sorry for your loss, but you don't actually pose a question. You don't mention whether the alleged shooter ever went to trial, but presumably the local district attorney either prosecuted the shooter or determined that there was a strong defense for the killing. I would expect someone explained the outcome to your brother's wife, so you may want to talk to her. Not all killings result in jail time. 44,116 posts Posted Yesterday, 10:00 AM In any future posts, please make an effort to use something that resembles proper capitalization and punctuation.  Doing so will make it easier for others to read and understand what you write.   No question is apparent in your post.   the man who did it was ser guard where he lived when it happen   he never did a day in jail   Who?  Your brother or the guy who killed him?   they some what paid his his wife off to go away   Who are "they"?  What does "some what paid" mean?   Given where you posted this, I assume your intent was to ask about a wrongful death lawsuit.  If your brother was married, it's likely up to her to pursue that or not (although that depends on the laws of the unidentified state where this happend).  Note also that the passage of two years may mean that the statute of limitations has run out.   If you want to clarify what your question is and what the relevant facts are, we probably can provide additional information.
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229885-question-about-brothers-death/

March 26 2014

willardvilb

Wrongful Death Against Gulf Coast Casino Dismissed

factories for long-lasting manufactured goods rose in February by the largest amount in three months, helped by solid gains in demand for airplanes and autos. BC-US--Dow Record-Three Personal Stories, 1st Ld-Writethru,1173 Dow Record: Three tales of ups, downs and changes AP Photo FX102, FX103 Eds: With BC-US--Dow Record. Adds photos. By SCOTT MAYEROWITZ Science/Tech News IN THE NEWS: ESTIMATE OF INTERNET GAMBLING MARKET LOWERED ATLANTIC CITY, N.J. (AP) -- Internet gambling may not turn out to be the jackpot many of its backers have predicted. Stay Connected: 2013 Sinclair Broadcast Group. All Rights Reserved. Local 12 WKRC-TV is the local station for breaking news, The Weather Authority forecast, traffic alerts, community news, Cincinnati Bengals and Reds sports updates, and CBS network news and entertainment programming for the Cincinnati and the Tri-State area of Southwest Ohio, Northern Kentucky and Southeast Indiana, including Anderson Township, Avondale, Blue Ash, Bond Hill, Camp Washington, Cheviot, Cleves, Colerain Township, Columbia-Tusculum, Corryville, Norwood, Delhi, East Price Hill, Golf Manor, Hyde Park, Lebanon, Loveland, Lower Price Hill, Madeira, Mariemont, Mount Adams, Mount Airy, Mount Healthy, Mount Lookout, Mount Washington, Oakley, Over-The-Rhine, Reading, Sedamsville, Sharonville, Springdale, St.
For the original version including any supplementary images or video, visit http://www.local12.com/news/features/top-stories/stories/mother-teen-killed-crash-files-wrongful-death-lawsuit-9705.shtml

Pasquotank gave as a framework to make those decisions, Allen explained. "Is there a statute that classifies the activity as governmental or proprietary? If not, then look as if it is an activity that can only be done by government. If so, then it is government and immunity applies. All factors have to be considered, Allen said. "One of those factors boils down to if it is revenue raising? Allen said. "Do they make a profit from the activity? The more money the activity makes, the more likely it is to be a business. Allen said the disagreement in the Bynum case is what activity should the court be looking at. "Should they look at purchasing water utility or what activity led to the injury? Allen said. "County maintenance is a government function. Joyner said when people are hurt they expect those who are responsible to pay. "Part of the continuing debate is what is it that the people which is the government ought to be responsible for? Joyner said.
For the original version including any supplementary images or video, visit http://www.wilsontimes.com/News/Feature/Story/30512726---IMMUNITY-

Those claims must be brought against what remains of the pre-bankruptcy company. The lawsuit, however, names new GM as a defendant. GM has faced several lawsuits in the wake of the recall. It has been hit with at least five proposed class actions by customers who say their vehicles lost value. On Friday, the company also was sued by an investor who said the recalls wiped billions of dollars in value off of GM shares. GM has said it received reports of 12 deaths and 34 crashes in the recalled cars. The recall has prompted investigations by federal prosecutors and regulators, and GM has opened its own internal investigation. Congress also is planning to hold hearings over the recall.
For the original version including any supplementary images or video, visit http://www.huffingtonpost.com/2014/03/24/gm-lawsuit_n_5022225.html

Courtesy Photo: Lexington Police Department LAUDERDALE COUNTY, Ala. (WHNT) A lawsuit naming General Motorsclaims a faulty ignition switch caused the death of a 32-year-old Lauderdale County woman. Aubrey Wallace Williamshad just dropped her two kids off at school when police say her car darted into the path of an 18-wheeler on Dec. 4, 2013. A national recall of the Chevrolet Cobalt prompted authorities in Lauderdale County to re-open the investigation into a fatal wreck that claimed Williams life earlier this month. General Motors has issued a recall for more than1.4 million cars in North America. The issue cited in the recall has been linked to at least 12 deaths, according to GM. The issue behind the recall involves ignition switches that can be bumped out of the Run position into the Off or Accessory position. That can cause power braking and steering, as well as airbags, to stop working. The suit names General Motors, DELPHI Automotive Systems, Long-Lewis Ford of the Shoals, and Champion Chevrolet, among others, as those that manufactured, designed, or supplied the 2006 Chevrolet Cobalt.
For the original version including any supplementary images or video, visit http://whnt.com/2014/03/24/wrongful-death-lawsuit-filed-against-gm-in-lauderdale-county/

Louis Tent Collapse Wrongful Death Claim Settled for $548K March 25, 2014 Comments The family of a 58-year-old man killed in 2013 when a tent collapsed at a St. Louis, Mo., bar has reached a $548,000 settlement. The St. Louis Post-Dispatch reports that Alfred Goodman suffered fatal head and neck injuries when wind lifted the tent at a downtown sports bar from its moorings on April 28, 2012. Goodman was the only person killed, but about 100 people were injured. Goodmans family has reached a $548,000 settlement with the company that leased and installed the tent. The wrongful death lawsuit, filed in St. Louis Circuit Court on behalf of Goodmans wife, Michelle Goodman, claimed Sun Rental Inc., of Bridgeton, erred in installing and inspecting the tent. The family has also sued the bar. Those claims are pending.
For the original version including any supplementary images or video, visit http://www.insurancejournal.com/news/midwest/2014/03/25/324402.htm

EDT Hilliard Munoz Gonzales Files Wrongful Death Suit Against General Motors CORPUS CHRISTI, Texas, March 21, 2014 /PRNewswire/ -- Today, Hilliard Munoz Gonzales LLP, a Texas law firm, filed a wrongful death suit against General Motors on behalf of the families of teenaged girls severely injured and killed in a crash caused by the faulty ignition switch in the GM Chevrolet Cobalt, which General Motors is now recalling. THE CRASHPassengers Amy Rademaker, age 15, and Natasha Weigel, age 18, died on October 24, 2006 in St. Croix County, Wisconsin after their 2005 Cobalt left the road and crashed. The driver, Megan Phillips, survived, but suffered permanent severe brain damage. Investigation revealed that airbags failed to activate and the ignition switch was in the accessory position, indicating power steering, power brakes and air bags could not have functioned properly. THE OUTRAGE"GM has blood on its hands. Innocent victims have died on American roadways for at least a decade solely because GM intentionally hid this defect from its own customers leaving parents without their children, and families without their loved ones. Truly, GM's behavior redefines the words 'shame' and 'greed.' This is a new corporate low for our country." Robert C. Hilliard, partner, Hilliard Munoz Gonzales THE SUITRobert C. Hilliard, partner, Hilliard Munoz Gonzales, filed suit in Hennepin County, MN against General Motors and the local Chevy dealership. The suit accuses the defendants of the following counts: CLAIMS FOR RELIEFThe suit seeks damages for sums "exceeding $50,000" for the survivors of Amy and Natasha, who died as a result of the crash and for Megan Phillips' severe brain injury and multiple bone fractures.
For the original version including any supplementary images or video, visit http://www.marketwatch.com/story/hilliard-munoz-gonzales-files-wrongful-death-suit-against-general-motors-2014-03-21

More >> Katheryn Deprill was abandoned in a Burger King when she was a baby. At age 27, she used social media to reconnect with the mom she never knew. More >> Updated: Tuesday, March 25 2014 10:40 PM EDT2014-03-26 http://cortrightlaw.com/location/murrieta-attorney 02:40:18 GMT According to the Facebook page for former Las Vegas Strip performers Siegfried and Roy, the tiger that attacked Roy Horn during a performance in 2003 has died. Horn wrote that Mantecore, a 17-year-old More >> According to the Facebook page for former Las Vegas Strip performers Siegfried and Roy, the tiger that attacked Roy Horn during a performance in 2003 has died. Updated: Saturday, May 1 2010 11:19 AM EDT2010-05-01 16:19:26 GMT GRAPHIC PICTURES: CLEVELAND, OH (WOIO) - It was one of the most gruesome sights in Cleveland crime history. More >> Updated: Tuesday, March 25 2014 1:55 PM EDT2014-03-25 17:55:10 GMT On Tuesday morning, five same sex couples went inside the Hinds County Courthouse in hopes of receiving a marriage license. All five couples were denied because our state only recognizes marriage between More >> All five couples were denied because our state only recognizes marriage between a man and a woman. The "WE DO" campaign is a fight for equality and the campaign continues to push for a change in state laws.
For the original version including any supplementary images or video, visit http://www.msnewsnow.com/story/25047404/wrongful-death-against-gulf-coast-casino-dismissed

March 25 2014

willardvilb

What Is Likely Outcome??

What is likely outcome?? Started by ohhbob , Mar 15 2014 01:00 PM Please log in to reply 3 replies to this topic 2 posts Posted 15 March 2014 - 01:00 PM Here's what happened...I was driving along and another car heading in the opposite direction made a left turn right in front of me.  I broadsided her at 50 mph.  My airbag went off saving me, but I did break my foot that was probably slamming on the brakes. She got out and ran to see if I was ok...and later she was complaining of chest pains.  They took her away in an ambulance, and I declined transport saying my wife would get me and take me to our local hospital - which she did and I was treated.   Immeadiatly after the crash, while I was sitting there in the car dazed I thought enough to call 911. Then a man came over and said he was an off duty cop sitting at the intersection who saw the whole thing, and he took my phone and directed in the emercency responders.  I was told he also gave a statement to the officers on the scene and told them it was the other drivers fault.   Both cars were probably totaled, but my car  - a 2010 Volkswagon GTI - wasn't even 1 year old to me - I bought it last April.   My questions are  - will they give me book value or replacement cost for the car?  Is there cause for a personal injury claim??  Pain and suffering???  What else should I do or seek????  Finally, this is in Illinois if that makes any difference.   Posted 18 March 2014 - 10:53 AM Hi Jack, Thanks for the input.  Just got the police report in the mail and first, it doesn't say anything about the statement I was told the witness made.  It also doesn't say whether any citations were issued, and lastly, when the reporting officer asked how fast I was going, I said " I was keeping up with traffic.  What's the speed limit here?  45??  So I was going about 45 or 50."   So now the police report says I was exceeding the limit. What does this mean as far as who will pay?  Does this absolve her of liability??   Posted 18 March 2014 - 10:59 AM A police report doesn't absolve anyone of liability. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229749-what-is-likely-outcome/
willardvilb

Lawsuit Filed In Death Of Iwu Student

It was later ruled that he had died of alcohol poisoning, combined with prescription medications. State law says that a business can be held liable for serving alcohol to a visibly intoxicated persons if it results in death. Attorneys for the casino argue that the law is designed to protect those injured by those persons. Copyright 2013 MSNewsNow . All rights reserved Updated: Saturday, May 1 2010 11:19 AM EDT2010-05-01 16:19:26 GMT GRAPHIC PICTURES: CLEVELAND, OH (WOIO) - It was one of the most gruesome sights in Cleveland crime history. More >> Friday, March 21 2014 6:50 PM EDT2014-03-21 22:50:56 GMT Shanesha Taylor, 35 It's unclear if an Arizona mom got the job she was interviewing for, but after a witness found her children, ages 2 and 6 month, in a hot car outside, she now faces child abuse charges. More >> A witness reported to police the twochildren, ages 2 years and 6 months,were inside the vehicle parked directly in the sun, with the engine off, the doors closed and each of the four windows were just slightly open. More >> Thursday, March 20 2014 10:42 AM EDT2014-03-20 14:42:09 GMT Mateo just wants a cupcake!
For the original version including any supplementary images or video, visit http://www.msnewsnow.com/story/25047404/wrongful-death-against-gulf-coast-casino-dismissed

The lawsuit seeks unspecified damages of more than $50,000. Bloomington lawyer David Dorris filed the wrongful death lawsuiton behalf ofHeartland Bank and Trust Companyas administrator of Landau's estate. Landau, of New York, was an 18-year-old IWU freshman when he died. The lawsuit alleges the local fraternity chapter illegally provided alcohol to members and failed to follow rules and codes of conduct of the fraternity and IWU. Sigma Pi Fraternity International Inc. is accused of failing to oversee the local chapter and sanction it for violations ofSigma Pi rules and failing to educate members on how toavoid injuries fromover-consumption of alcohol and risky behavior. Sigma Pi's national organization did not respond Monday to a requestfor comment on the lawsuit. Wiersma and Clemente are accused in the lawsuit of providing alcohol and encouraging over consumption at the event as well as failing to follow Sigma Pi and IWU policies.
For the original version including any supplementary images or video, visit http://www.pantagraph.com/news/local/crime-and-courts/lawsuit-filed-in-death-of-iwu-student/article_da801c01-5274-56e8-a83a-05ed8644697b.html

The surviving family members of Rademaker and Weigel, as well as Phillips, are each seeking more than $50,000, said Hilliard. The 2006 accident occurred before GM's 2009 bankruptcy filing. The so-called new GM, a different legal entity from the "old" GM, is not responsible under the terms of its bankruptcy exit for accidents or incidents arising before July 2009. Those claims must be brought against what remains of the pre-bankruptcy company. The lawsuit, however, names new GM as a defendant. GM has faced several lawsuits in the wake of the recall. It has been hit with at least five proposed class actions by customers who say their vehicles lost value. On Friday, the company also was sued by an investor who said the recalls wiped billions of dollars in value off of GM shares.
For the original version including any supplementary images or video, visit http://www.huffingtonpost.com/2014/03/24/gm-lawsuit_n_5022225.html

Department of Justice, NBC News reported today. During an afternoon press conference to announce the suit, Beasley said after learning of the GM ignition switch recall, the investigating officer in Williams crash amended his report to say the cause of the crash was mechanical failure. Beasley said the airbag in Williams Cobalt didnt deploy. You are going to find that General Motors conduct in this case is outrageous, he said during the press conference. It is inexcusable. It also points out some of the weaknesses we have in regulating the automobile industry in this country. For over a decade, (GM) sat on it and covered up a known safety issue that has resulted potentially in over 300 deaths that we know about, Beasley continued later. Beasley said GM knew about the faulty ignition switch since 2001, and the company admits to it causing 12 http://www.manta.com/p/3czcn6gwy7h02h_/kevin-cortright#ClaimedCompanies deaths. A study commissioned by the Center for Auto Safety indicates that some 303 people could have died due to the mechanical problem.
For the original version including any supplementary images or video, visit http://www.al.com/news/montgomery/index.ssf/2014/03/wrongful_death_suit_filed_agai.html

That means that collisions involving people on foot are much more likely to result in fatalities, said Paul Greenberg, a Chicago wrongful death attorney not involved in the case. In tragic circumstances such as these, a wrongful death lawsuit may be an appropriate way to seek compensation for the family of the deceased. The lawsuit claims that the defendants negligently operated the semi-trailer at an unreasonable rate of speed and without properly looking out for pedestrians. The complaint also alleges that the driver saw Thomas but failed to yield the right of way, and that he started the vehicle from a stationary position without first making sure it could be done safely. The lawsuit further claims that the defendants failed to equip the vehicle with proper brakes, failed to give an audible warning of the trucks approach and failed to stop or change course when the truck was in imminent danger of striking Thomas. According to the lawsuit, as a result of the defendants negligence, the semi-trailer struck and killed Thomas. The complaint alleges that Thomas heirs and next-of-kin sustained damages including mental suffering, grief, sorrow, and loss of support and companionship. The lawsuit requests more than $50,000 in damages. In 2012 in Illinois, there were 274,111 motor vehicle crashes.
For the original version including any supplementary images or video, visit http://www.lawfirmnewswire.com/2014/03/wrongful-death-lawsuit-filed-on-behalf-of-pedestrian-killed-in-accident/

Wrongful Death Lawsuit Filed on Behalf of Pedestrian Killed in Accident

Croix County, Wisconsin after their 2005 Cobalt left the road and crashed. The driver, Megan Phillips, survived, but suffered permanent severe brain damage. Investigation revealed that airbags failed to activate and the ignition switch was in the accessory position, indicating power steering, power brakes and air bags could not have functioned properly. THE OUTRAGE "GM has blood on its hands. Innocent victims have died on American roadways for at least a decade solely because GM intentionally hid this defect from its own customers leaving parents without their children, and families without their loved ones. Truly, GM's behavior redefines the words 'shame' and 'greed.' This is a new corporate low for our country." Robert C. Hilliard, partner, Hilliard Munoz Gonzales THE SUIT Robert C. Hilliard, partner, Hilliard Munoz Gonzales, filed suit in Hennepin County, MN against General Motors and the local Chevy dealership. The suit accuses the defendants of the following counts: Negligence in the design, manufacture and sale of defective products Strict Liability for deaths and injuries resulting from the crash caused by GM's defective vehicle Fraud by Non-Disclosure of facts about defective vehicle Failure to Warn of dangerous defect Misrepresentation of safety of vehicle Consumer Fraud in sale of unsafe vehicles Civil Conspiracy in acting in concert to commit fraud CLAIMS FOR RELIEF The suit seeks damages for sums "exceeding $50,000" for the survivors of Amy and Natasha, who died as a result of the crash and for Megan Phillips' severe brain injury and multiple bone fractures.
For the original version including any supplementary images or video, visit http://finance.yahoo.com/news/hilliard-munoz-gonzales-files-wrongful-182000601.html

March 23 2014

willardvilb

Can You Sue The County For False Identity?

Can you sue the county for false identity? Started by MrGreer , Mar 19 2014 06:36 AM Please log in to reply 1 reply to this topic 1 posts Posted 19 March 2014 - 06:36 AM Can you sued the County for fasle idenity as well loss time by being held as prisoner, then still have that person post for that Charge? 58,755 posts Posted 19 March 2014 - 07:42 AM Your question is quite garbled.  Anyone can sue anyone else for anything; whether there's a legit basis to do so is another question (and presume you mean "false imprisonment" instead of "fasle idenity [sic]".  (Don't know what to make of "then stil have person post for that Charge?".) I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229842-can-you-sue-the-county-for-false-identity/
willardvilb

Ian Mulgrew: Pickton Settlement Puts B.c.?s Inadequate Wrongful Death Law In The Spotlight

Friday, March 21, 2014 Katherine Jacksons Wrongful Death Appeal Against AEG Dismissed Exclusive Related RumorFix.com Michael Jacksons mother, Katherine Jackson, has lost an appeal of her $40 billion wrongful death case against AEG Live, RumorFix has learned exclusively. In court documents obtained by RumorFix from the Second Appellate District Court for California, they state the appeal is dismissed and parties must bear their own court costs for the appeal. Katherine and Michaels three children filed the appeal in November a month after a jury ruled the concert promoter was not responsible for the 2009 death of the King of Pop. The jury stated AEG was not wrong for hiring Dr. Conrad Murray, who was sent to prison in 2011 after being convicted for involuntary manslaughter in the death of Michael Jackson. Murray is out of prison now and is trying to get his medical license back.
For the original version including any supplementary images or video, visit http://www.wsoctv.com/feed/entertainment/katherine-jacksons-wrongful-death-appeal-against/fZdd2/

Dustin Friedland was fatally shot in the Short Hills Mall parking lot on December 15, 2013. Jamie Friedland, the widow suing first responders and the New Jersey mall filed a wrongful death case in the Newark Superior Court. The couple was leaving the Short Hills mall when reportedly confronted by two armed men. The New Jersey residents parked their 2012 Range Rover (described as late-model vehicle in lawsuit) on the third floor of the parking lot, according to case documents. Dustin Friedland was shot in the head by one of the robbers and died a short time later at a local hospital. Jamie Friedland was not injured during the encounter. Short Hills Mall is owned by Michigan-based Taubman Centers LLC and Short Hills Associated LLC.
For the original version including any supplementary images or video, visit http://www.inquisitr.com/1174881/new-jersey-carjacking-widow-sues-first-responders-and-mall-for-wrongful-death-of-husband/

He promptly and properly received an electrocardiogram, Kline added. But instead of treating Collins immediately with the standard blood-thinning and artery-opening drugs like aspirin, nitroglycerin and heparin, an emergency-room doctor ordered a drug that lowered his blood pressure so much that his heart couldn't recover, Kline said. The doctor also failed to immediately consult a cardiologist, diagnose an acute arterial blood clot or order a follow-up electrocardiogram and drugs that could have saved Collins, Kline added. Although staff prepared to transfer him to Penn Presbyterian Medical Center, Collins' condition worsened, and doctors declared him dead that morning at 12:09 a.m. A Chestnut Hill Hospital spokeswoman didn't immediately return a call for comment. The suit was filed by Collins' widow, Lisa Duhart-Collins, of Laverock, Montgomery County. It names as defendants the hospital, emergency room Dr.
For the original version including any supplementary images or video, visit http://www.philly.com/philly/news/20140317_Widow_of_longtime_radio_legend_E_Steven_Collins_sues_hospital_for_wrongful_death.html

It allows children to pursue compensation in court, but restricted to loss of affection and financial support their late parent would have provided. There needs to be a change in the law to provide access to justice for all individuals, said lawyer Don Renaud, founder of the Wrongful Death Law Reform Group. None of them are entitled to compensation as a result of wrongful death because we've got old, inadequate legislation. The former Trial Lawyers Association president called for a Wrongful Death Accountability Act allowing courts to determine compensation for family members untimely loss. B.C. is the worse of a bad lot across Canada, Renaud said, with Alberta granting $75,000 off the bat for a loved one's death and rising from there. Ontario allows claims for loss of companionship, he added, thereby including deceased children or elders. An emailed statement from B.C.'s justice ministry said it was undertaking an active review of its wrongful death law.
For the original version including any supplementary images or video, visit http://vancouver.24hrs.ca/2014/03/20/wrongful-death-law-questioned-after-pickton-fund

aThis is an excellent settlement a given the state of the law in this province,a he added, putting http://thepersonalinjurydirectory.com/blog/rancho-cucamonga-accident-injury-lawyer/ the best face on the litigation. aThatas how weare looking at it.a The law, he explained, restricts compensation to financial loss and loss of affection. Thereas no recovery for loss of life or wrongful death. aThe plaintiffs aspire to changing the interpretation of the Families Compensation Act to allow for punitive damage claims and straight damages for wrongful death in cases of intentional homicide,a Gratl said. He pointed out, too, that it should not be overlooked that the agreement created a strategic legal opportunity for the families. aThis settlement allows the plaintiffs to continue against the Pickton brothers (Robert and David) with a jury,a he said. aJuries are precluded when you sue government defendants in this province.a The 13 children of murdered women who sued the city, the province, the federal government and the RCMP over the flawed police investigation reached a deal last week that will see them each receive $50,000, he said. The government has not publicly confirmed it, Gratl said, because one of those involved is a minor and requires the approval of the public guardian and another has not yet signed off.
For the original version including any supplementary images or video, visit http://www.vancouversun.com/news/Mulgrew+Pickton+settlement+puts+inadequate+wrongful+death+spotlight/9628651/story.html

March 21 2014

willardvilb

Should I Be Concerned?

Should I be concerned? Started by JohnWillis , Mar 13 2014 12:11 PM Please log in to reply 3 replies to this topic Posted 13 March 2014 - 12:11 PM I'm in the West coast of United States.   Former contractor (from Canada) purchased my website. I signed an agreement which I believe says I can compete after I am no longer working for them, which I did.   I created a new site once I left the company which did leverage links from my original sold site in order to gain back success. They are now threatening to sue if I do not pay the thousands that they allegedly lost from the added links and demand I remove new site. They also claim that it is a criminal matter to have defrauded Google that the sites were linked since there is ad revenue involved.   Question Do they have the power to make it a criminal matter? And should I be concerned with lawsuit if I do not pay? 58,743 posts Posted 13 March 2014 - 12:25 PM "I signed an agreement which I believe says I can compete after I am no longer working for them..." Unclear precisely what you mean by "I believe"; I presume you have a copy of the document.   "They also claim that it is a criminal matter to have defrauded Google that the sites were linked since there is ad revenue involved." This is a bit garbled, but I wouldn't worry about criminal issues given the info provided (which is scarce).  Strangers given so little information seems to make a question about whether you should be concerned unreasonable.  Either you entered into a non-compete or you didn't, and we cannot know from here.  If you're unclear what the agreement means, then you need to take it to counsel (unclear why you'd enter into an agreement to sell a web site without having counsel, but ...).     I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229730-should-i-be-concerned/
willardvilb

New Jersey Carjacking Widow Sues First Responders And Mall For Wrongful Death Of Husband

Franklin County Common Pleas Judge Stephen McIntosh ruled this week that the two-year statute of limitations had expired on the complaint because of procedural errors by the attorneys for dead suspect's estate. The Columbus Dispatch ( http://bit.ly/NzrABK ) reports that the attorney for Obbie Shepard's estate says he will appeal the judge's decision. The Columbus officers had chased the 21-year-old Shepard on foot after responding to a report of a stolen bicycle. One of the officers told investigators that he shot Shepard between two houses after Shepard reached into his waistband. Officers found a handgun in a backyard along the path Shepard had run. Information from: The Columbus Dispatch, http://www.dispatch.com Think your friends should see this? All comments are moderated before posting. Your email address must be verified with Disqus in order for your comment to appear.
For the original version including any supplementary images or video, visit http://www.therepublic.com/w/OH--Police-Lawsuit

This example illustrates the added complexity if a workplace accident proves fatal. Strict filing deadlines apply In New York, a surviving family member must commence a wrongful death action within two years of the death. Also, there are specific filing requirements. If they are not followed exactly within the statute of limitations, it could provide a reason to dismiss a claim. Monetary damages in these cases compensate for loss of lifetime earnings. This determination often requires an expert. An economist, for example, may complete an analysis that takes into account factors such as yearly salary increases, bonus potential and inflation. Compensation may also be available to cover pain and suffering. Often family members are in shock following the loss of a loved one. An early consult with a New York personal injury attorney will protect your right to bring a lawsuit and seek compensation for your loss.
For the original version including any supplementary images or video, visit http://www.24-7pressrelease.com/press-release/when-is-a-new-york-wrongful-death-claim-appropriate-380893.php

A Chestnut Hill Hospital spokeswoman didn't immediately return a call for comment. The suit was filed by Collins' widow, Lisa Duhart-Collins, of Laverock, Montgomery County. It names as defendants the hospital, emergency room Dr. James Miranda and associated entities including Tennessee-based Community Health Systems, Inc., which owns Chestnut Hill Hospital. "They had an urgent medical situation on their hands, which should have been handled immediately and should have been handled differently," Kline said. "We believe that the care was substandard and his death should have been avoided. Had they stabilized him and acted differently and promptly, he would still be on the radio today and still be doing the good things he has been doing for the community all his life." Collins, known as "the unofficial mayor of Philadelphia," was a longtime radio and TV public-affairs commentator locally and nationally.
For the original version including any supplementary images or video, visit http://www.philly.com/philly/news/20140317_Widow_of_longtime_radio_legend_E_Steven_Collins_sues_hospital_for_wrongful_death.html

Attorney Joseph Espo said Friday the state is the deputies' statutory employer, so it's been added and Frederick County has been dropped from a federal lawsuit filed by survivors of 26-year-old Robert Ethan Saylor. The other defendants are the individual deputies, Regal Cinemas Inc. and Baltimore-based Hill Management Services Inc. The amended complaint was filed Tuesday in U.S. District Court. The state hasn't filed a response. The New Market man died of asphyxia in http://www.washingtonpost.com/lifestyle/style/fred-phelps-preached-hate-but-his-death-is-no-reason-to-celebrate/2014/03/20/0fd06408-b050-11e3-95e8-39bef8e9a48b_story.html January 2013 as the deputies, moonlighting as mall security officers, tried to remove him from a Frederick movie theater because he hadn't bought a ticket. AP-WF-03-14-14 2000GMT
For the original version including any supplementary images or video, visit http://www.foxbaltimore.com/news/features/top-stories/stories/md-now-defendant-wrongful-death-lawsuit-26260.shtml

The couple was leaving the Short Hills mall when reportedly confronted by two armed men. The New Jersey residents parked their 2012 Range Rover (described as late-model vehicle in lawsuit) on the third floor of the parking lot, according to case documents. Dustin Friedland was shot in the head by one of the robbers and died a short time later at a local hospital. Jamie Friedland was not injured during the encounter. Short Hills Mall is owned by Michigan-based Taubman Centers LLC and Short Hills Associated LLC. Security contractors employed by the New Jersey mall, IPC International Corporation and Universal Protection Service, were also named in the carjacking wrongful death lawsuit. Mall general manager Michale McAvinue and the Millburn-Short Hills Volunteer First Aid Squad is a target of the widows lawsuit as well. An excerpt from the New Jersey carjacking lawsuit reads: Defendants Taubman, SHA, Universal and First Aid Squad are vicariously liable and vicariously responsible for any negligent acts, grossly negligent acts and/or omissions on the part of defendants, John Does.
For the original version including any supplementary images or video, visit http://www.inquisitr.com/1174881/new-jersey-carjacking-widow-sues-first-responders-and-mall-for-wrongful-death-of-husband/

Extendicare Homes.) The Supreme Court of Pennsylvania has decided not to hear the Nursing Homes further Appeal. Frequently, if not usually, the contract entered into by an individual entering a nursing home will contain an agreement, whereby any disputes or claims against the facility must be submitted to an arbitration. Many of these contracts are signed by a relative of the resident, or even someone with power of attorney over their affairs. The nursing home argued that the Pennsylvania Wrongful Death Act creates a cause of action that is derivative of the decedents claim not independent. The Superior Court rejected this argument. Although the claim of the heirs is derivative of the residents death, the rights of the heirs are independent of the rights of the decedent. The heirs to a person estate cannot be determined until the date the person actually dies. Someone can divorce, re-marry, have more children, or would-be heirs could die first. Since the specific identity of the heirs cannot be determined at the time the contract is entered, even someone with power of attorney over the resident cannot presume to represent a class of heirs not yet identified.
For the original version including any supplementary images or video, visit http://research.lawyers.com/blogs/archives/30003-wrongful-death-result-of-nursing-home-negligence.html

aIn a relatively narrow way,a he conceded, abut itas a beginning, thatas how the light gets in. The law is overly parsimonious and doesnat recognize the trauma of wrongful death.a Just to compare, a March 2010 settlement in California of more than $1.6 million was awarded to two children who lost their father due to a workplace accident. Based on an 1846 British law, the Family Compensation Act gives the cold shoulder to survivors and confers value only on the lives of income earners. High-profile cases such as the death of Robert Dziekanski at Vancouver airport can result in big behind-the-scenes payouts by embarrassed governments or public agencies, but those are rare. The vast majority of families affected by a wrongful death are denied access to the legal system and the law severely restricts their compensation. The government has long recognized the legislation is inadequate and conducted a consultation process back in 2007. Nevertheless, reform seems stuck in a cul-de-sac. The Justice Ministry received lots of feedback and ain recognition that this is a complex issue we are carefully considering the next steps,a a spokesman said Monday in an email. aAt this point, we cannot commit to a specific time frame.a Victoria is trying to figure out what change might cost a for instance, ICBC could be on the hook for a pile of extra money in court awards.
For the original version including any supplementary images or video, visit http://www.vancouversun.com/news/Mulgrew+Pickton+settlement+puts+inadequate+wrongful+death+spotlight/9628651/story.html

March 19 2014

willardvilb

What Is Likely Outcome??

What is likely outcome?? Started by ohhbob , Mar 15 2014 01:00 PM Please log in to reply 3 replies to this topic 2 posts Posted 15 March 2014 - 01:00 PM Here's what happened...I was driving along and another car heading in the opposite direction made a left turn right in front of me.  I broadsided her at 50 mph.  My airbag went off saving me, but I did break my foot that was probably slamming on the brakes. She got out and ran to see if I was ok...and later she was complaining of chest pains.  They took her away in an ambulance, and I declined transport saying my wife would get me and take me to our local hospital - which she did and I was treated.   Immeadiatly after the crash, while I was sitting there in the car dazed I thought enough to call 911. Then a man came over and said he was an off duty cop sitting at the intersection who saw the whole thing, and he took my phone and directed in the emercency responders.  I was told he also gave a statement to the officers on the scene and told them it was the other drivers fault.   Both cars were probably totaled, but my car  - a 2010 Volkswagon GTI - wasn't even 1 year old to me - I bought it last April.   My questions are  - will they give me book value or replacement cost for the car?  Is there cause for a personal injury claim??  Pain and suffering???  What else should I do or seek????  Finally, this is in Illinois if that makes any difference.   Posted Yesterday, 10:53 AM Hi Jack, Thanks for the input.  Just got the police report in the mail and first, it doesn't say anything about the statement I was told the witness made.  It also doesn't say whether any citations were issued, and lastly, when the reporting officer asked how fast I was going, I said " I was keeping up with traffic.  What's the speed limit here?  45??  So I was going about 45 or 50."   So now the police report says I was exceeding the limit. What does this mean as far as who will pay?  Does this absolve her of liability??   Posted Yesterday, 10:59 AM A police report doesn't absolve anyone of liability. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229749-what-is-likely-outcome/
willardvilb

Florida Cap On Wrongful Death Malpractice Suits Unconstitutional, High Court Rules

Attorney Joseph Espo said Friday the state is the deputies' statutory employer, so it's been added and Frederick County has been dropped from a federal lawsuit filed by survivors of 26-year-old Robert Ethan Saylor. The other defendants are the individual deputies, Regal Cinemas Inc. and Baltimore-based Hill Management Services Inc. http://www.lawyer.com/kevin-cortright-322374950.html The amended complaint was filed Tuesday in U.S. District Court. The state hasn't filed a response. The New Market man died of asphyxia in January 2013 as the deputies, moonlighting as mall security officers, tried to remove him from a Frederick movie theater because he hadn't bought a ticket.
For the original version including any supplementary images or video, visit http://www.foxbaltimore.com/news/features/top-stories/stories/md-now-defendant-wrongful-death-lawsuit-26260.shtml

(Pisano v. Extendicare Homes.) The Supreme Court of Pennsylvania has decided not to hear the Nursing Homes further Appeal. Frequently, if not usually, the contract entered into by an individual entering a nursing home will contain an agreement, whereby any disputes or claims against the facility must be submitted to an arbitration. Many of these contracts are signed by a relative of the resident, or even someone with power of attorney over their affairs. The nursing home argued that the Pennsylvania Wrongful Death Act creates a cause of action that is derivative of the decedents claim not independent. The Superior Court rejected this argument. Although the claim of the heirs is derivative of the residents death, the rights of the heirs are independent of the rights of the decedent. The heirs to a person estate cannot be determined until the date the person actually dies. Someone can divorce, re-marry, have more children, or would-be heirs could die first.
For the original version including any supplementary images or video, visit http://research.lawyers.com/blogs/archives/30003-wrongful-death-result-of-nursing-home-negligence.html

Since then his family has been pushing for legal action, seeking wrongful death damages and a full explanation. The North Carolina Supreme Court overturned a lower courts decision to throw out the case. 2014 Cox Media Group . By using this website, you accept the terms of our Visitor Agreement and Privacy Policy , and understand your options regarding Ad Choices . This station is part of Cox Media Group Television Sign in with your existing account {* loginWidget *} Sign in with your email {* #userInformationForm *} {* traditionalSignIn_emailAddress *} {* traditionalSignIn_password *} Welcome back. Please sign in {* #userInformationForm *} {* traditionalSignIn_emailAddress *} {* traditionalSignIn_password *} Select a display name and password {* #socialRegistrationForm *} {* socialRegistration_displayName *} {* socialRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *} Tell us about yourself {* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} *Indicates Required Field Already have an account? Sign In {* #registrationForm *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *} Tell us about yourself {* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} *Indicates Required Field Already have an account? Sign In {* #registrationFormBlank *} {* registration_firstName *} {* registration_lastName *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddressBlank *} {* registration_birthday *} {* registration_gender *} {* registration_postalZip *} {* traditionalRegistration_passwordBlank *} {* traditionalRegistration_passwordConfirmBlank *} *Indicates Required Field {* /registrationForm *} Thank you for registering! We have sent you a confirmation email.
For the original version including any supplementary images or video, visit http://www.wsoctv.com/news/news/local/cleveland-co-wrongful-death-suit-could-go-trial/nfDg3/

gun policy, including state Stand Your Ground laws, which received skeptical scrutiny from several members who said the laws has not only violated racial disparities, but potentially infringed on the right to life. Kalin suggested that Stand Your Ground laws dont just perpetuate racial disparities, but that they are incompatible with the right to life under Article 6 of the ICCPR. Testifying before the body, the Department of Justices Roy Austin conceded problems with Stand Your Ground laws, and echoed U.S. Attorney General Holders message last summer that its time to review the laws. We should question laws that senselessly expand the concept of self defense and sow dangerous conflict in our neighborhoods, Austin said , according to an NAACP tweet. By contrast, the National Rifle Association has suggested that the controversial Stand Your Ground self-defense laws are instead themselves a human right. The Human Rights Committee is a body of independent experts who monitor the implementation of the ICCPR, and requires member states to present a report to the panel every four years. Other issues raised by the committee during the hearing included jailing juveniles as adults, laws that criminalize homelessness, and felony disenfranchisement.
For the original version including any supplementary images or video, visit http://thinkprogress.org/justice/2014/03/14/3407931/un-officials-question-us-on-wrongful-death-sentences-stand-your-ground/

Justice for Florida Wrongful Death Victims, At Last, Has Been Served

A class of people were being treated unequally, and they corrected that, she said. It shows checks and balances. Neal Roth, co-founder of Coral Gables, Fla., law firm Grossman Roth, echoed La Vista's satisfaction with the ruling. I was very pleased not only to see the results, but also the analysis that went into it because it makes perfect sense, Roth said. I've been saying ever since it was enacted that it was unconstitutional. Florida's high court joins six other state high courtsin Alabama, Georgia, Illinois, New Hampshire, Oregon and Washingtonin finding that some aspect of caps on noneconomic damages in malpractice cases violates the state constitution. Fourteen states do not have any kind of med mal damage award limit or cap, according to the National Conference of State Legislatures . The state limitation was enacted with the backing of then-Gov. Jeb Bush, who championed it as a way to reduce malpractice costs and total healthcare costs. Supporters said rising insurance rates were causing a crisis driving doctors out of the state, while opponents said there was no evidence doctors were leaving. The state Supreme Court, in its ruling, questioned whether a crisis had ever existed.
For the original version including any supplementary images or video, visit http://www.modernhealthcare.com/article/20140314/NEWS/303149895

Steven Collins has filed a wrongful-death lawsuit against Chestnut Hill Hospital, saying staff there failed to immediately diagnose and treat the heart attack that killed him last fall. Collins, 58, arrived at the hospital at 9 p.m. Sept. 8 with the classic symptoms of a heart attack - pressure and pain in his chest, high blood pressure, labored breathing, clammy skin and related complaints, said attorneys Tom Kline and Dean Weitzman, who filed the complaint in Philadelphia Common Pleas Court this morning. He promptly and properly received an electrocardiogram, Kline added. But instead of treating Collins immediately with the standard blood-thinning and artery-opening drugs like aspirin, nitroglycerin and heparin, an emergency-room doctor ordered a drug that lowered his blood pressure so much that his heart couldn't recover, Kline said. The doctor also failed to immediately consult a cardiologist, diagnose an acute arterial blood clot or order a follow-up electrocardiogram and drugs that could have saved Collins, Kline added. Although staff prepared to transfer him to Penn Presbyterian Medical Center, Collins' condition worsened, and doctors declared him dead that morning at 12:09 a.m. A Chestnut Hill Hospital spokeswoman didn't immediately return a call for comment. The suit was filed by Collins' widow, Lisa Duhart-Collins, of Laverock, Montgomery County.
For the original version including any supplementary images or video, visit http://www.philly.com/philly/news/20140317_Widow_of_longtime_radio_legend_E_Steven_Collins_sues_hospital_for_wrongful_death.html

In the 5-2 decision, the court said the caps on non-economic damages serve no purpose other than to arbitrarily punish the most grievously injured or their surviving family members and it violates the state constitutions equal protection clause. The Court also rejected the damage awards as arbitrary and unfair, blaming the Legislature for creating an alleged medical malpractice crisis. The damage caps in Florida were initially pushed by former Gov. Jeb Bush, with the support of doctors, hospitals and insurance companies who viewed trials lawyers as their political nemesis. They argued that reforms were needed to curb the explosion of medical malpractice costs, which they said were forcing doctors to leave Florida or stop providing high-risk services. Contrary to what tort reformers wanted you to believe, there is no evidence that these reforms have had the intended effect malpractice insurance premiums are dictated by how well insurance companies are doing in the stock market, not by how much they pay out in claims. The Florida Supreme Court even cited statistics demonstrating that, during the purported medical malpractice crisis, the numbers of physicians in Florida were actually increasing, not decreasing. When a jury verdict is arbitrarily capped, plaintiffs do not receive the constitutional benefit of trial by a jury. If a jury awards $2 million in non-economic damages, but can only recover $1 million due to an arbitrary cap, the victim has not received constitutional redress for his/her injuries. Since every case is different, how can a one-price-fits-all system be fair? Victims deserve consideration of their case their own injuries, their own pain and suffering, their own medical expenses. The consequences to one are not the same as the consequences to another.
For the original version including any supplementary images or video, visit http://farmingtonhills.legalexaminer.com/wrongful-death/justice-for-florida-wrongful-death-victims-at-last-has-been-served/

March 18 2014

willardvilb

What Is Likely Outcome??

What is likely outcome?? Started by ohhbob , Mar 15 2014 01:00 PM Please log in to reply 1 reply to this topic 1 posts Posted 15 March 2014 - 01:00 PM Here's what happened...I was driving along and another car heading in the opposite direction made a left turn right in front of me.  I broadsided her at 50 mph.  My airbag went off saving me, but I did break my foot that was probably slamming on the brakes. She got out and ran to see if I was ok...and later she was complaining of chest pains.  They took her away in an ambulance, and I declined transport saying my wife would get me and take me to our local hospital - which she did and I was treated.   Immeadiatly after the crash, while I was sitting there in the car dazed I thought enough to call 911. Then a man came over and said he was an off duty cop sitting at the intersection who saw the whole thing, and he took my phone and directed in the emercency responders.  I was told he also gave a statement to the officers on the scene and told them it was the other drivers fault.   Both cars were probably totaled, but my car  - a 2010 Volkswagon GTI - wasn't even 1 year old to me - I bought it last April.   My questions are  - will they give me book value or replacement cost for the car?  Is there cause for a personal injury claim??  Pain and suffering???  What else should I do or seek????  Finally, this is in Illinois if that makes any difference.  
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229749-what-is-likely-outcome/
willardvilb

Medical Malpractice Caps In Wrongful Death Claims Thrown Out

wrongful death 15 as they returned to their Range Rover in the parking deck of The Mall at Short Hills. The suit alleges the mall operators and security contractors failed to keep the mall secure, especially at the height of the holiday shopping season when carjackers are on the prowl. The suit says that despite repeated instances of violence in the mall's parking lot, the mall "ceased hiring police officers to provide security... citing budgetary concerns." The suit also accuses the first aid squad of taking an "excessive" amount of time to respond to a 911 call, in part because the ambulance was too big to get into the parking garage and thus, the first responders had to wheel a stretcher up a ramp for Friedland and then wheel him back down. The lawsuit claimed further that the mall operators should have known a large vehicle such as an ambulance could not get into the parking garage. CBS New York reports tapes of 911 calls released early last week suggested it may have taken an ambulance as long as 30 minutes to get to Friedland after he was shot. In January, Millburn Police Chief Gregory Weber said in a statement that the young lawyer received medical treatment within minutes of the shooting, according to the station. The lawsuit seeks unspecified damages. The mall owner, Michigan-based Taubman Centers Inc., did not immediately return a message seeking comment.
For the original version including any supplementary images or video, visit http://www.cbsnews.com/news/widow-of-new-jersey-mall-carjacking-victim-files-lawsuit/

The owners of the Mall at Short Hills should have anticipated that more security was needed to prevent carjackings, says Jamie Schare Friedland in her complaint. She said prior crimes at the facility and the fact that its high-end stores were likely to attract customers with late-model vehicles sought by thieves should have prompted the owners to have security officers on hand, reports the Star-Ledger . The Friedlands were returning to their 2012 Range Rover when he was shot to death last December. "Despite these repeated incidents and the grave threat posed to its shoppers and patrons, several years ago, the Mall ceased hiring police officers to provide security at the mall, citing budgetary concerns, wrote attorney Bruce Nagel, who is representing the plaintiff, in the complaint. A representative of Taubman Centers, which owns the mall, could not be reached by the newspaper for comment. Friedland is seeking unspecified damages in the Newark Superior Court case Four men charged with murder in Dustin Friedland's death are awaiting trial.
For the original version including any supplementary images or video, visit http://www.abajournal.com/news/article/widow_of_attorney_gunned_down_in_parking_lot_of_upscale_shopping_mall_files/

Members of the committee pointed to Fords exoneration as the latest glaring problem with U.S. death penalty and other criminal justice policies that continue to discriminate against minorities, the Guardian reports. One hundred and forty-four cases of people wrongfully convicted to death is a staggering number, said UN human rights committee member Walter Kalin, referencing a list of 144 death row inmates who have been later found innocent, according to Death Penalty Information Center statistics. Kalin, also a Swiss international human rights lawyer, noted statistics that the punishment is meted out disproportionately to African Americans, adding, Discrimination is bad, but it is absolutely unacceptable when it leads to death. Imposition of the death penalty was one of several criminal justice issues the human rights committee asked the United States to explain, as it reviews its compliance with the International Covenant on Civil and Political Rights (ICCPR), which guarantees basic human rights including the right to life, freedom of movement, and fair trials. Other issues probed by the committee included U.S. gun policy, including state Stand Your Ground laws, which received skeptical scrutiny from several members who said the laws has not only violated racial disparities, but potentially infringed on the right to life. Kalin suggested that Stand Your Ground laws dont just perpetuate racial disparities, but that they are incompatible with the right to life under Article 6 of the ICCPR. Testifying before the body, the Department of Justices Roy Austin conceded problems with Stand Your Ground laws, and echoed U.S. Attorney General Holders message last summer that its time to review the laws. We should question laws that senselessly expand the concept of self defense and sow dangerous conflict in our neighborhoods, Austin said , according to an NAACP tweet.
For the original version including any supplementary images or video, visit http://thinkprogress.org/justice/2014/03/14/3407931/un-officials-question-us-on-wrongful-death-sentences-stand-your-ground/

Jamie Friedland was not injured during the encounter. Short Hills Mall is owned by Michigan-based Taubman Centers LLC and Short Hills Associated LLC. Security contractors employed by the New Jersey mall, IPC International Corporation and Universal Protection Service, were also named in the carjacking wrongful death lawsuit. Mall general manager Michale McAvinue and the Millburn-Short Hills Volunteer First Aid Squad is a target of the widows lawsuit as well. An excerpt from the New Jersey carjacking lawsuit reads: Defendants Taubman, SHA, Universal and First Aid Squad are vicariously liable and vicariously responsible for any negligent acts, grossly negligent acts and/or omissions on the part of defendants, John Does. The mall contains 1,274,000 square feet of luxury retail floor space, which is the home to some of the most exclusive and expensive retails or luxury goods in the country, including Cartier, Chanel, Dior, Gucci, Hermes, and Louis Vuitton. In fact, the mall is one of only two malls in the United States to have the luxury retailers Saks, Bloomingdales, Macys, Nordstrom, and Neiman Marcus all under one roof, and is home to an additional 42 luxury retailers found nowhere else in the state. The lawsuit goes on to state that Short Hills have been named as one of the most profitable malls in the United States by World Report and US News. The lengthy statements about the type of stores and success of the mall appears to be an attempt to prove that the New Jersey mall should have known shoppers would be a target for robbers and could afford tighter security. According to the New Jersey carjacking lawsuit, there were 475 carjackings in Essex County, where the Short Hills Mall is located, last year. Jamie Friedlands wrongful death lawsuit against the first responders and the mall also claims that Range Rovers are highly sought after by carjackers and that many shoppers at the mall drive expensive automobiles that are also likely targets by armed robbers.
For the original version including any supplementary images or video, visit http://www.inquisitr.com/1174881/new-jersey-carjacking-widow-sues-first-responders-and-mall-for-wrongful-death-of-husband/

Amarpreet Sivia's family wants wrongful death law changed

It's about the support that a family needs when they lose a child." Amarpreet was the baby of the family who left India just as she was about to start school. Six months after her death, the teenager's bedroom is still full of her poetry and art. Baldeep says it ishard for the family to let her go. "She would actually purposely leave something in the middle of it and come back to it and finish it off with totally different results than she expected," Baldeepsaid looking around at her late sister's unfinished work. The family says a change to the law would give Amarpreet's death some meaning. "Even after she passed away, she's doing something for the society," Baldeep said. The family also fought to make the street outside Amarpreet's school safer for students to cross. A $500,000 City of Surrey project to install a light, a crosswalk and signage was completed two weeks ago. Taranjit Takhar, a student at Princess Margaret Secondary,says the safety measures are working. "It does direct everyone to the lights.
For the original version including any supplementary images or video, visit http://ca.sports.yahoo.com/news/amarpreet-silvias-family-wants-wrongful-death-law-changed-023744163.html

Petersburg Marriott Clearwater Send this story to a friend Email address of friend (insert comma between multiple addresses): Your email address: Mar 13, 2014, 2:37pm EDT Medical malpractice caps in wrongful death claims thrown out Email | LinkedIn | Twitter The Florida Supreme Court ruled a 2003 law limiting damages in wrongful death medical malpractice lawsuits is unconstitutional because it offends the fundamental notion of equal justice under the law. In a 5-2 ruling, the court said the cap on non-economic damages serves no other purpose than to arbitrarily punish the most grievously injured or their surviving family members. The idea behind the law was to lower the cost of medical malpractice insurance and encourage physicians and other health care providers to come to and stay in Florida. That did not pass muster with the Supreme Court. The statutory cap on wrongful death economic damages does not bear a rational relationship to the stated purpose that the cap is purported to address, the alleged medical malpractice insurance crisis in Florida, the ruling stated. The cap limited non-economic damages to $500,000 per health care practitioner and $1 million for all practitioners in a case. Jane Meinhardt's beats include health care, law firms and lawyers. Industries:
For the original version including any supplementary images or video, visit http://www.bizjournals.com/tampabay/news/2014/03/13/medical-malpractice-caps-in-wrongful-death-claims.html

Cleveland Co. wrongful death suit could go to trial

The North Carolina Supreme Court overturned a lower courts decision to throw out the case. 2014 Cox Media Group . By using this website, you accept the terms of our Visitor Agreement and Privacy Policy , and understand your options regarding Ad Choices . This station is part of Cox Media Group Television Sign in with your existing account {* loginWidget *} Sign in with your email {* #userInformationForm *} {* traditionalSignIn_emailAddress *} {* traditionalSignIn_password *} Welcome back. Please sign in {* #userInformationForm *} {* traditionalSignIn_emailAddress *} {* traditionalSignIn_password *} Select a display name and password {* #socialRegistrationForm *} {* socialRegistration_displayName *} {* socialRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *} Tell us about yourself {* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} *Indicates Required Field Already have an account? Sign In {* #registrationForm *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddress *} {* traditionalRegistration_password *} {* traditionalRegistration_passwordConfirm *} Tell us about yourself {* registration_firstName *} {* registration_lastName *} {* registration_postalZip *} {* registration_birthday *} {* registration_gender *} *Indicates Required Field Already have an account? Sign In {* #registrationFormBlank *} {* registration_firstName *} {* registration_lastName *} {* traditionalRegistration_displayName *} {* traditionalRegistration_emailAddressBlank *} {* registration_birthday *} {* registration_gender *} {* registration_postalZip *} {* traditionalRegistration_passwordBlank *} {* traditionalRegistration_passwordConfirmBlank *} *Indicates Required Field {* /registrationForm *} Thank you for registering! We have sent you a confirmation email.
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March 16 2014

willardvilb

Motor Vehicle/pedestrian Accident.

Motor Vehicle/Pedestrian Accident. Started by Mr.Sekmistrz , Mar 10 2014 07:24 AM Please log in to reply 4 replies to this topic 4 posts Posted 10 March 2014 - 07:24 AM Hello, I was involved in an accident with a pedestrian about a year ago and was wondering if my case would hold up when i go to court. I was Driving obeying the traffic laws and speed limit when a 14 year old girl walked into the side of my car note that the intersection has high traffic volume and there are no signs posted saying children at play nor are there any Parks, Schools or residents where children are expected to be present can i plead that the pedestrian was 100% at fault and i had the Right of way since a portion of the car had driven past the pedesrtian when she walked into the side of my car? She was walking carelessly across an intersection with her hood up, head down not obeying traffic laws and didnt fufil her duity as a pedestrian to reasonably observe traffic conditions and does that fall under the NHTSA guidelines under Contributory Neglegance? Any advice would be great thank you Posted 10 March 2014 - 01:13 PM does that fall under the NHTSA guidelines under Contributory Neglegance?   Without knowing the state you live in, I'll just say that there are three levels of comparative fault (maybe 3 and 1/2, South Dakota is weird).  The first is contributory negligence, which states that if the party seeking money is also negligence, they cannot recover in a negligence lawsuit.  The second is pure comparative fault, which states that reduces the recovery based on the percent that the person seeking money is at fault for the injury, and modified comparative fault (33 states use this) which states that the recovery of the person seeking money damages is reduced up to the point that they are either 50 or 51% at fault, depending on the jurisdiction. Need help with your self-help legal problems?  Try one of our downloadable mini-guides ! 4 posts Posted 11 March 2014 - 08:41 AM sorry I did not go into full detail, I am being sued by the parents of the girl involved in the accident. this happened in the state of Michigan and I was driving roughly 10 to 15 mph. also right after the accident the city had changed the traffic light because of previous similar accidents that had occurred in that same intersection. my insurance had lapsed simply because I could not afford it I have no assets or money, I received a traffic ticket for failure to yield to a pedestrian, Even though I had the right of way and the girl did not fulfill her duty as a pedestrian and did not follow the guidelines a pedestrian must follow which is to not disrupt the flow of traffic, and to be observant of the surroundings whiile approaching an intersection. 43,990 posts Posted 11 March 2014 - 08:55 AM Ok, then you can defend against the lawsuit based on the pedestrian's alleged negligence.  According to a quick google search, Michigan uses a modified comparative fault system with a 51% bar.  What that means is that, if you can convince the trier of fact (either the jury or a judge) that the plaintiff was negligent and that her negligence was 51% or more of the cause of the accident, then the plaintiff will recover nothing.  On the other hand, if you are unable to convince the trier of fact that the plaintiff was negligent or if the trier of fact concludes that the plaintiff's negligence was something less than 51% of the cause of the accident, then the plaintiff will still be entitled to recover from you, with her recovery being reduced by the percentage of fault assigned to her.  See MCL 600.2959   I'm surprised you didn't also get a ticket for driving without insurance.  The big problem with not having insurance is that you'll either have to handle your own defense or pay a lawyer out of your own pocket (if you'd had insurance, your insurer would pay for your lawyer).  Note also that the failure to yield ticket will work against you (unless you fought it and won).  Finally, that a car driver has the right of way doesn't mean that pedestrians are fair game.
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229677-motor-vehiclepedestrian-accident/
willardvilb

Wrongful Death Trial Against Apd Concludes

EDT March 14, 2014 Caps placed on how much money people can receive in cases where a doctor's mistakes led to a patient's death were declared unconstitutional by the Florida Supreme Court on Thursday. Stethoscope on texture broadcast graphic element background (Photo: Associated Press) SHARE 5 CONNECT TWEET COMMENTEMAILMORE ST. PETERSBURG, Fla. -- Caps put in place on how much money someone can receive in cases where a doctor's mistake led to a person's death were declared unconstitutional by the Florida Supreme Court. The law, passed in 2003, had capped an individual doctor's liability for noneconomic damages in such cases to $500,000. "People will probably read into this too much," explained Clearwater attorney Kevin Hayslett. "They'll think 'Well the caps are gone in medical malpractice claims', they're not, they're only gone when it relates to wrongful death claims." Hayslett says since lawyers typically spend six figures in medical malpractice cases involving a death, the caps likely kept some potential cases from ever making it to court. 'If you're going to put a quarter of a million dollars to get experts, court reporters, trial to get $500,000 it's not economically viable. But with Thursday's ruling Hayslett believes that will change.
For the original version including any supplementary images or video, visit http://www.firstcoastnews.com/story/news/local/florida/2014/03/14/medical-malpractice-caps-unconstitutional/6413625/

Saturday, March 15, 2014 Cleveland Co. wrongful death suit could go to trial Eyewitness News Sponsored Links CLEVELAND COUNTY A womans lawsuit against Cleveland County could go to trial before the end of the year. Travis Kidd, 24, was an employee at the landfill when a trash compactor hit and killed him in 2010. Since then his family has been pushing for legal action, seeking wrongful death damages and a full explanation. The North Carolina Supreme Court overturned a lower courts decision to throw out the case. More News
For the original version including any supplementary images or video, visit http://www.wsoctv.com/news/news/local/cleveland-co-wrongful-death-suit-could-go-trial/nfDg3/

The suit also alleges Letteer was reckless, negligent and intoxicated when he struck Kevin. Criminal charges filed against Letteer did not include drunken driving offenses. Attorney Neil ODonnell, who filed the suit on behalf of the Miller family, declined to comment on Tuesday. The suit alleges Letteer was intoxicated and/or under the influence of alcohol as he operated his motor vehicle when he struck and killed Kevin Francis Miller on Dec. 21, 2012. Letteers girlfriend, Abigail Tarver, allegedly told investigators that Letteer was drunk and came to her house on Friday night (Dec. 21, 2012), the suit says. A drunk Letteer told Tarver, Letteer hit someone and killed them, according to the suit. Investigators said Letteer was at a party in West Wyoming. Party-goers were on their way to Rodanos Restaurant on Public Square, Wilkes-Barre, and the most direct route from West Wyoming to the restaurant was driving on North Street, investigators said.
For the original version including any supplementary images or video, visit http://www.theweekender.com/apps/pbcs.dll/article?date=20140311&category=news&lopenr=303119844

APD is accused of wrongfully killing Christopher Torres when they went to serve a warrant on a road rage incident back in April of 2011. The Torres Family's claim all along is that their son Christopher was wrongfully killed by APD on April 12, 2011. For the Torres family, Friday marked the end of events in the courtroom. But closure for Christopher's father is still a long way away. "It's not over. The judge still is going to give everybody a chance to submit and for written closing arguments. There's still a number of motions that I'm sure are going to happen.
For the original version including any supplementary images or video, visit http://www.kob.com/article/stories/S3362741.shtml

A medical malpractice claim was filed against the United States pursuant to the Federal Tort Claims Act. The federal judge who heard the medical malpractice claim determined that the economic damages amounted to $980,462.40 . The judge further determined that the noneconomic damages (which includes nonfinancial losses such as pain and suffering, inconvenience, physical impairment, mental anguish, and loss of capacity for enjoyment of life) totaled $2 million for the child who was now motherless and $750,000 each to the woman's parents). Nonetheless, the federal judge reduced the noneconomic damages award to $1 million , pursuant to Floridas statutory cap on wrongful death noneconomic damages in medical malpractice claims ("The total noneconomic damages recoverable by all claimants from all practitioner defendants under this subsection shall not exceed $1 million was asked to decide whether Florida's cap on wrongful death noneconomic damages under section 766.118 violates the right to equal protection guaranteed by the Florida Constitution ("All natural persons, female and male alike, are equal before the law," which means that everyone is entitled to stand before the law on equal terms with, to enjoy the same rights as belong to, and to bear the same burden as are imposed upon others in a like situation). The Florida Supreme Court held that Florida's statutory cap on wrongful death noneconomic damages imposes unfair and illogical burdens on injured parties when an act of medical negligence results in multiple claimants because medical malpractice claimants do not receive the same rights to full compensation. The Florida Supreme Court further determined that the cap on noneconomic damages violates the Equal Protection Clause of the Florida Constitution because it bears no rational relationship to a legitimate state objective (the alleged medical malpractice insurance crisis in Florida ), thereby failing the rational basis test (a statute must bear a rational and reasonable relationship to a legitimate state objective and it cannot be arbitrary or capriciously imposed). The Florida Supreme Court discussed at length the alleged medical malpractice "crisis" in Florida , concluding that the available evidence fails to establish a rational relationship between a cap on noneconomic damages and alleviation of the purported crisis and that the available data fail to establish a legitimate relationship between the cap on wrongful death noneconomic damages and the lowering of medical malpractice insurance premiums, noting that between 2003 and 2010, four insurance companies that offered medical malpractice insurance in Florida cumulatively reported an increase in their net income of more than 4300 percent. The Florida Supreme Court stated that even if there had been a medical malpractice crisis in Florida at the turn of the century, the current data reflects that it has subsided and that no rational basis currently exists (if it ever existed) between the cap imposed by section 766.118 and any legitimate state purpose. At the present time, the cap on noneconomic damages serves no purpose other than to arbitrarily punish the most grievously injured or their surviving family members; it has never been demonstrated that there was a proper predicate for imposing the burden of supporting the Florida legislative scheme upon the shoulders of the persons and families who have been most severely injured and died as a result of medical negligence. About us: MedicalMalpracticeLawyers.com is the premier website connecting medical malpractices victims in the United State with medical malpractice lawyers in their state who may investigate their medical malpractice claims for them and represent them in a medical malpractice case, if appropriate.
For the original version including any supplementary images or video, visit http://insurancenewsnet.com/oarticle/2014/03/14/just-in-florida-supreme-court-holds-that-cap-on-wrongful-death-noneconomic-dama-a-474107.html

Arillotta scheduled to be sentenced today in New York for the 2003 slayings of late crime boss Adolfo Big Al Bruno and police informant and criminal associate Gary D. Westerman, Bruno's son Victor Bruno filed a http://www.manta.com/c/mx7ry33/Attorney-in-Palm-Desert wrongful death suit Tuesday in Hampden Superior Court against Arillotta for the death of his father. In a section of the civil suit requiring a description of the plaintiff's injury, Victor Bruno, as special administrator of his father's estate, wrote: "The defendant arranged for, and accomplished, the plaintiff's decedent's death by gunshot wounds." Victor BrunoFile photo | The Republican Under the total money sought is written the sum, "+25,000." The suit states that Adolfo Bruno was "shot to death by one Frank Roche," and alleges that Arillotta "sought and obtained mob sanction for, and subsequently choreographed Mr. Bruno's murder by having a hit man hired, Roche, to kill Bruno." From the suit: "On and before November 23, 2003, Adolfo Bruno was the head of the Genovese crime family contingent in Springfield, Massachusetts and Northern Connecticut." Victor Bruno alleges in the suit that Arillotta brought information to Felix Tranghese that Adolpho Bruno had passed on information to an FBI agent. According to the suit, Tranghese then delivered news of Bruno's FBI cooperation to Arthur Nigro, "boss" of the Genovese crime family in New York city. Nigro sanctioned the killing of Bruno based upon that document, the suit alleges. In the civil suit, Victor Bruno wrote: "Prior to his death, Bruno was in good health. His next of kin are entitled to the fair monetary value of the decedent, including but not limited to, compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent, and to the reasonable medical, funeral and burial expenses incurred." Arillotta's sentencing is scheduled for 3 p.m. Wednesday in Manhattans U.S.
For the original version including any supplementary images or video, visit http://www.masslive.com/news/index.ssf/2014/03/victor_bruno_files_wrongful_de.html

March 14 2014

willardvilb

Civil Law Suit?

2 posts Posted 10 March 2014 - 12:59 PM I was being detained in jail under 0 bond for a driving offense in the "holding cell".The sargent on duty along with three other officers approched my cell,he threatened me and then he and another officer had my hands behind my back and one holding my arm...at the doorway the Sargent slammed my face into the metal doorway with such a force that both our feet came off the floor and bounced out into the common area where all the officers jumped on me and handcuffed me.He busted my nose,head,choked me,busted out a front tooth and I bled a large amount.He then charged me with"assualting an officer",I was cleaned up by the nurse and then locked up for the charge in general population.I had a concusion but was given a matt and told to lay on cell floor(bed was taken by other inmate).Hired an attorney who produced the jailhouse cd of the whole incident...this Sargent claimed I kneed him in the groin and assaulted him and his staff.....the video clearly showed I did nothing wrong and was found "NOT GUILTY" of the assault.This Sargent lied multiple times under oath in the courtroom but nothing was done to him.I have tried over fifty attorneys to represent me....to no avail.They all say it would cost too much in Federal court but all claim I have an open and shut case!I am desperate...I don't know what to do...what to charge...who to charge....how to do it on my own...They assaulted and battered me and violated multiple civil rights....and it is all on tape.What I fear is watching the news...and this sadist has killed someone.Please help...desperate in N.C. 58,669 posts Posted 10 March 2014 - 01:07 PM Your photo inspires me to wish that this site would dispense with any option to upload a photo (no offense); it doesn't add anything and, in some cases, detracts.   You cannot force an attorney to take a case, whether on contingency fee basis or otherwise (one presumes you're expecting someone to take it on the former basis).  If someone declares it's not cost-effective for them, it is what it is.  That said, since a pretty large percentage of attorneys take cases without any intention of taking them to trial ... and often without filing suit ... it may be that you're simply looking in the wrong place for counsel.  (I admire your tenacity if you have literally discussed this with "50 attorneys".)   "This Sargent lied multiple times under oath in the courtroom but nothing was done to him." I'd naturally be focused more on the criminal acts of assault v. lying in court.  Either way, you're free to pester your legislative representative to see whether they can get an answer from the county state's attorney about why this is, but you cannot force the prosecutor's office to pursue perjury charges.  (You also can't know what the police department did internally.)   "What I fear is watching the news...and this sadist has killed someone." If that occurs, one presumes you'll be in a long line of folks to testify against him.   It's unclear what help you seek from here, but we can only offer general info and feedback. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. 
For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/229683-civil-law-suit/
willardvilb

Medical Malpractice Caps In Wrongful Death Claims Thrown Out

Petersburg, Florida -- Caps put in place on how much money someone can receive in cases where a doctor's mistake led to a person's death were declared unconstitutional by the Florida Supreme Court. on Thursday. The law, http://socallawsupport.com/ passed in 2003, had capped an individual doctor's liability for noneconomic damages in such cases to $500,000. "People will probably read into this too much," explained Clearwater attorney Kevin Hayslett. "They'll think 'Well the caps are gone in medical malpractice claims', they're not, they're only gone when it relates to wrongful death claims." Hayslett says since lawyers typically spend six figures in medical malpractice cases involving a death, the caps likely kept some potential cases from ever making it to court. 'If you're going to put a quarter of a million dollars to get experts, court reporters, trial to get $500,000 it's not economically viable. But with Thursday's ruling Hayslett believes that will change. "So for the past 10 years you've got real live victims who perhaps were victims of medical malpractice who could not get their claims to court because of the cap, it's a victory for them." The idea behind the law was to curb malpractice insurance rates but in Thursday's ruling the state Supreme Court questioned whether there ever was a crisis that needed to be address and added if there was one, it no longer exists. You may also like...
For the original version including any supplementary images or video, visit http://www.wtsp.com/news/florida/article/360208/19/Medical-malpractice-caps-ruled-unconstitutional-in-wrongful-death-cases-

He becomes one of the longest-serving death row inmates in US history to be exonerated. Ford was released on the order of a judge in Shreveport after Louisiana state prosecutors indicated they could no longer stand by his conviction. In late 2013 the state notified Fords lawyers that a confidential informant had come forward with new information implicating another man who had been among four co-defendants originally charged in the case. He was sentenced to death in 1984 for the murder the previous November of Isadore Rozeman, an older white man who ran a Shreveport jewellery and watch repair shop. The defendant had worked as an odd jobs man for Rozeman. In interviews with police Ford said that he had been asked to pawn a .38 revolver and some jewellery similar to that taken from Rozemans shop at the time of the murder by another man who was among the initial suspects. Asked as he walked away from the prison gates about his release, Ford told WAFB-TV, It feels good; my mind is going in all kind of directions. It feels good. Ford said he did harbour some resentment at being wrongly jailed: Yeah, cause Ive been locked up almot 30 years for something I didnt do.
For the original version including any supplementary images or video, visit http://www.alternet.org/news-amp-politics/death-row-inmate-glenn-ford-freed-30-years-after-blatantly-wrongful-conviction-all

Petersburg Marriott Clearwater Send this story to a friend Email address of friend (insert comma between multiple addresses): Your email address: Mar 13, 2014, 2:37pm EDT Medical malpractice caps in wrongful death claims thrown out Email | LinkedIn | Twitter The Florida Supreme Court ruled a 2003 law limiting damages in wrongful death medical malpractice lawsuits is unconstitutional because it offends the fundamental notion of equal justice under the law. In a 5-2 ruling, the court said the cap on non-economic damages serves no other purpose than to arbitrarily punish the most grievously injured or their surviving family members. The idea behind the law was to lower the cost of medical malpractice insurance and encourage physicians and other health care providers to come to and stay in Florida. That did not pass muster with the Supreme Court. The statutory cap on wrongful death economic damages does not bear a rational relationship to the stated purpose that the cap is purported to address, the alleged medical malpractice insurance crisis in Florida, the ruling stated. The cap limited non-economic damages to $500,000 per health care practitioner and $1 million for all practitioners in a case. Jane Meinhardt's beats include health care, law firms and lawyers. Industries:
For the original version including any supplementary images or video, visit http://www.bizjournals.com/tampabay/news/2014/03/13/medical-malpractice-caps-in-wrongful-death-claims.html

Wrongful death lawsuit filed by Al Bruno?s son

(WWLP) The son of the slain Springfield mob boss Adolfo Al Bruno has filed a wrongful death lawsuit against one of the men charged in connection with his fathers murder. Victor Bruno filed the lawsuit against Anthony Arillotta on Tuesday in Hampden Superior Court. According to the lawsuit, Arillotta sought and obtained mob sanction for and subsequently choreographed Al Brunos murder. The lawsuit seeks unspecified damages for pain and suffering and other court costs. Arillotta is currently in the witness protection program. He was convicted in 2012 in connection with orchestrating the hit on Al Bruno. He is scheduled to be sentenced in U.S. District Court in New York. Bruno was shot to death outside the Mt. Carmel club in 2003. The triggerman, Frankie Roche pleaded guilty to murdering Bruno in 2008 and was sentenced to 13 years in prison. Fotios and Ty Geas and Arthur Nigro of New York were also sentenced to life in prison in connection with the case. According to the U.S. Attorneys Office, Nigro ordered the November 2003 hit on Bruno. Prosecutors say the Geas brothers planned the murder and ultimately enlisted Frankie Roche, who later killed Bruno.
For the original version including any supplementary images or video, visit http://wwlp.com/2014/03/12/wrongful-death-lawsuit-filed-by-al-brunos-son/

Wrongful Death Lawsuit Filed After Collision With Garbage Truck Kills Three

While waiting for their lawsuit to be resolved, the family would still have to make ends meet financially and be able to pay their bills. Many Americans today are facing tough times economically and a sudden death in the family, such as this one, would make a huge impact on family finances. In order to pay their expenses, the family may want to consider applying for a lawsuit loan, also referred to as pre-settlement funding. It can be done online or by calling the litigation funding company and filling out an application on the phone. It does not take long to apply and the plaintiffs are treated with dignity and respect, because the lawsuit loan representatives understand they are facing a very difficult time in their lives. Once an application is approved, the lawsuit funding usually arrives in a plaintiffs bank account by the quickest method possible, within 48-hours or less. Litigation funding companies make certain the funding gets there that quickly because they know the family is in need of financial help to allow them to move forward with their lawsuit and still be able to take care of their financial obligations without falling behind.
For the original version including any supplementary images or video, visit http://www.lawfirmnewswire.com/2014/03/wrongful-death-lawsuit-filed-after-collision-with-garbage-truck-kills-three/

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