General Personal Injury
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A Colorado man who is believed to be the only consumer to develop "popcorn lung" from regular microwave popcorn servings has filed a personal injury suit for injuries from the artificial butter flavoring which had only sickened workers at popcorn factories previously.
According to Kenneth McClain, the attorney for Wayne Watson, The Kroger Co. and two of its divisions: Dillon Companies Inc. and Inter-American Products Inc. have been named as defendants in the suit filed in U.S. District Court.
The case of Watson's "popcorn lung" and his diet of two bags of popcorn a day gained nationwide attention last year when he was diagnosed by doctors at National Jewish Hospital with the rare condition, which has been linked to diacetyl, a flavor chemical.
According to the lawsuit, in which unspecified damages are sought, the companies showed a failure to warn that preparing the popcorn as intended and smelling the aroma of the butter could expose the consumer to a risk of lung injury through an inhalation hazard.
Popcorn lung, which is officially known as bronchiolitis obliterans has generally been associated with those who work in popcorn plants mixing large vats of flavors. Hundreds of workers have complained of severe lung disease or other respiratory illnesses from the inhalation of diacetyl va
Written by Ben Glass on February 11th, 2008 with comments disabled.
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A man in St. Paul, Minnesota received a personal injury as a result of a case of mistaken identity.
After a police officer went to a downtown bus stop in response to a call about a gun-toting suspect, he went to his squad car to get his police dog for assistance. The dog did his duty, chasing down a 19-year-old man and biting down on his lower left leg.
However, there was one serious problem. The man Sarik, the dog, had chased down was not the man the police were looking for.
After a confrontation with a rowdy group at the bus stop, Officer Isaac Rinehart went back to his squad car to retrieve Sarik. However, the dog did not wait to be leashed, slipped out of the grasp of Rinehart, and clamped onto the leg of Antonio Johnson, all according to a report written by Rinehart.
According to the report, police later discovered that Johnson "was neither a suspect or a victim in the weapons call." Johnson was transported to Regions Hospital. There, he was treated for "canine punctures.
According to Pete Crum, a spokesman for the police department, the incident was under review and Sarik would remain on patrol.
Written by Ben Glass on January 8th, 2008 with comments disabled.
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A concrete worker from Texas is recovering from in the hospital after receiving personal injuries in an accident at his workplace on Wednesday, January 2. The accident resulted in the amputation of the man's arm.
According to his son, 52-year-old Robert Kerstetter was greasing a machine at 4:30 a.m. the morning of the accident when his right arm was caught in the machine.
He said that he had been stuck for several minutes before he pulled his arm away from the machine, severing it at the elbow.
According to Warren Hassinger, a member of the EMS, "His sleeve had become entangled in a pulley or an auger, and he was mangled severely and held in place for approximately 30 minutes.
Kerstetter then managed to make his way to the office of his workplace in order to call 911.
The scene of the accident was the facility of Alamo Concrete in Manor, Texas.
Kerstetter was transported by emergency crews to Brackenridge Hospital in Austin, Texas, where, as of Thursday morning, he was listed as being in critical, but stable condition.
According to officials from the Emergency Medical Services, Kerstetter's injuries were severe, but he was awake and alert enough to talk to medics en route to the hospital.
At the time of the accident, no one else was on the site.
Also according to EMS officials, Kerstetter could have died at the site and the piece of machinery very well could have pulled him in.
No statement by Alamo Concrete regarding the incident has been made.
For more information on this subject, please refer to the section on Workplace Injuries.
Written by Ben Glass on January 6th, 2008 with comments disabled.
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In the last week, our office received several phone calls and emails from clients of this attorney who has been recently arrested. We investigated and found that according to the Virginia State Bar website, his license to practice law was recently suspended.
The Virginia State Bar has a client protection fund and information about making a claim under the fund is here.
Let me say that this is all that we know, and I only know what has been reported publicly.
Written by Ben Glass on December 12th, 2007 with comments disabled.
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We often hear from potential clients who are being pressured by major insurance companies to sign documents now and "we'll be able to settle this case real quick."
This is usually a really bad move.
Don't be rushed, you have time.
According to published reports, attorneys Robert Brown and Guy Daugherty of Norfolk, Virginia just completed a case where the neck pain, while noted in some of the emergency department records, did not fully develop for several months. The insurance company on the other side was apparently so confident that the jury would not connect the two that it didn't even ask for a (so-called) independent medical examination.
Offer: $135,000
Verdict: $450,000
Had the plaintiff not been patient he might have signed away a substantial recovery in those first few weeks after the accident.
Written by Ben Glass on October 25th, 2007 with comments disabled.
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Two 20-year employees of General Electric Company ended up in a fight at the plant. One of the employees put his hands on the other's chest and violently slammed him against the concrete wall causing his cap and safety glasses to go flying and a "knot" on his head to develop. The employee who had been knocked down sued, claiming that he had suffered personal injury and was humiliated knowing that his coworkers saw him get knocked down. He also claimed that he had lost his job because of this altercation.
The City of Chesapeake jury heard the case and awarded the plaintiff $240,000.00 in compensatory damages and $100,000.00 in punitive damages. The trial judge however reduced the compensatory damages to $1,000.00 and the punitive damages to $10,000.00 but the Supreme Court of Virginia ruled that the trial court was wrong because the trial court's analysis of the case did not indicate that it considered the evidence in the light most favorable to the person who had won the jury verdict.
Here the jury had been instructed that they could consider "any shame, humiliation, embarrassment or indignity" that the plaintiff suffered as a result of the defendant's assault and battery. (This instruction was agreed to by the parties.) The instruction's broad language also permitted the jury to consider "the insulting character of the injury, the reason for the injury, and any other circumstances which made the injury more serious.
The Supreme Court said that in reducing the jury's verdict the trial court did not address the humiliation the plaintiff had suffered, the insulting character of the injury or "other circumstances which make the injury more serious.
In regard to the punitive damages the Supreme Court said that judicial review of the amount of punitive damages requires:
1. Consideration of reasonableness between the damages sustained and the amount of the Award.
2. Measurement of punishment required.
3. Whether the Award will amount to a double recovery.
4. The proportionality between the compensatory and punitive damages and
5. The ability of the defendant to pay.
The Supreme Court held that the jury had reached the correct verdict and that its verdict should not be disturbed. The court also found that upon the evidence that the defendant owned in General Electric stock worth approximately $343,000.00 he certainly had the ability to pay.
The jury's verdict was reinstated.
Written by Ben Glass on April 25th, 2007 with comments disabled.
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There are some reports now coming out that it was rat poisoning in the pet food that is being recalled nationally.
According to CBS
Rat poison has been found in pet food blamed for the deaths of at least 16 cats and dogs, a spokeswoman for the New York State Department of Agriculture and Markets said Friday.
The toxin was identified as aminopterin, state Agriculture Commissioner Patrick Hooker said in a statement. Aminopterin is used to kill rats in some countries, but it's not registered for that use in the United States, according to the Environmental Protection Agency.
There has been at least on major lawsuit filed. We can help coordinate with any Virginia families who believe they have a claim against Menu Foods for their alleged delay in notifying pet owners and veterinarians about the recall.
Written by Ben Glass on March 23rd, 2007 with comments disabled.
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The first class action lawsuit, with 95 pet owners, has been filed in Wisconsin.
The lawsuit, against Menu Foods Inc.,alleges that it produced and distributed pet food that might be dangerous, and possibly deadly, to animals.
We have received several calls on these cases and will help coordinate Virginia claims. We will be working with other firms nationally who are handling the Menu Foods pet food recall case.
Here are the recalled brands:
Recalled cat foods
Americas Choice, Preferred Pets; Authority; Best Choice; Companion; Compliments; Demoulas Market Basket; Eukanuba; Fine Feline Cat; Food Lion; Foodtown; Giant Companion; Hannaford; Hill Country Fare; Hy-Vee; Iams; Laura Lynn; Li'l Red; Loving Meals; Meijer's Main Choice; Nutriplan; Nutro Max Gourmet Classics; Nutro Natural Choice; Paws; Pet Pride; Presidents Choice; Price Chopper; Priority US; Save-A-Lot Special Blend; Schnucks; Science Diet Feline Savory Cuts Cans; Sophistacat; Special Kitty Canada; Special Kitty US; Springfield Prize; Sprout; Stop & Shop Companion; Tops Companion; Wegmans; Weis Total Pet; Western Family US; White Rose; and Winn Dixie.
Recalled dog foods
America's Choice, Preferred Pets; Authority; Award; Best Choice; Big Bet; Big Red; Bloom; Cadillac; Companion; Demoulas Market Basket; Eukanuba; Food Lion; Giant Companion; Great Choice; Hannaford; Hill Country Fare; Hy-Vee; Iams; Laura Lynn; Loving Meals; Meijer's Main Choice; Mighty Dog Pouch; Mixables; Nutriplan; Nutro Max; Nutro Natural Choice; Nutro Ultra; Nutro; Ol'Roy Canada; Ol'Roy US; Paws; Pet Essentials; Pet Pride - Good n Meaty; Presidents Choice; Price Chopper; Priority Canada; Priority US; Publix; Roche Brothers; Save-A-Lot Choice Morsels; Schnucks; Springfield Prize; Sprout; Stater Brothers; Stop & Shop Companion; Tops Companion; Wegmans Bruiser; Weis Total Pet; Western Family US; White Rose; Winn Dixie; and Your Pet.
Written by Ben Glass on March 23rd, 2007 with comments disabled.
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