A jury has determined that a trucking company and one of its drivers should pay $150 million in Los Angeles wrongful death damages to 13-year-old Kylie Asam who watched her family burn to death in a fiery crash four years ago. According to an ABC news report, jurors delivered the verdict after three days of deliberations finding the truck driver, Rudolph Ortiz, negligent for parking on the side of the freeway in the early morning darkness without leaving a light on or even having emergency reflectors. Jurors found Ortiz and his employer, Watsonville-based Bhandal Bros. Trucking, jointly liable. …Read the rest »
February 22, 2013—Albany, New York—The New York Court of Appeals ruled recently in a case involving the wrongful death of a man at a Bally Total Fitness health club. In 2007, the gentleman collapsed at the health club and an ambulance was called. Ambulance personnel gave the victim shocks from an AED or automatic external defibrillator, but were unable to revive him.
The victim’s family sued because they claimed that the health club had an AED available but failed to use it. Had they done so, the family claims that the victim’s life might have been saved. Bally, in turn, argued immunity from liability due to the state’s Good Samaritan Law.
The New York Supreme Court denied Bally’s motion to dismiss the case and the Appellate Court upheld that decision. Specifically, the Supreme Court noted that the law imposed an “affirmative care duty” upon health clubs; AEDs are required by law to be available the health clubs are required to use them.
The Appellate Court disagreed slightly with the Supreme Court’s interpretation of business law but affirmed that the plaintiff had a viable cause of action under common law.
In a follow up to a press release posted in November, the husband of Vilma Soltesz, a morbidly obese woman who died in Hungary while waiting for a flight home to the United States, has filed a $6 million wrongful death lawsuit against three major airlines. According to an ABC News report, the suit that was filed in New York City, names Delta Airlines, KLM and Lufthansa.
According to court documents, Vilma Soltesz and her husband, Janos Soltesz, flew from New York in mid-September to Budapest, Hungary, connecting through Amsterdam. They purchased three seats in all – two for Vilma and one for Janos. In early October, the couple tried to return when Vilma Soltesz began to feel ill. Soltesz weighed 407 pounds, had an amputated leg and was wheelchair-bound. …Read the rest »
Anthony Duran, 14, was killed in an Orange County DUI accident after a suspected drunk driver struck him. According to a news report in The Orange County Register, the fatal pedestrian accident occurred on Rose Drive near Castner Drive in Placentia, the night of January 11, 2013.
Police say the boy was riding his skateboard north on Rose Drive when a vehicle hit him. The driver of the car was booked on suspicion of driving under the influence, but was released pending further investigation. Police are also looking into whether speed was a factor. Duran was transported to an area hospital where he died from his injuries. The investigation is ongoing.
According to California Highway Patrol’s 2010 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 17 injuries involving DUI crashes in Placentia. In Orange County as a whole, 45 people were killed and 1,317 were injured due to alcohol-related crashes during the same year. …Read the rest »
A multi-million dollar wrongful death lawsuit was filed in Florida by the parents of a boy who was struck and killed by lightning during football practice.
The family of 11-year-old Jesse Watlington who was struck and killed by lightning last month during football practice has filed a lawsuit against McGregor Baptist Church and Southwest Florida Christian Academy alleging that their son’s death could have been prevented. According to a Nov. 19 Fox News report, the lawsuit alleges that the church and school were negligent for allowing students to practice during a storm under the supervision of coaches who did not know how to perform CPR. In addition, the lawsuit (Case number: 12-CA-003332), filed in Lee County Twentieth Judicial Circuit Court also alleges that there was no lightning detection device on the field on that day.
Jesse’s father, Chuck Watlington, tells Fox News that he was informed that the device was in the office, but turned off at the time. The lawsuit also contends that while the Florida High School Athletic Association requires each member school to have an operational automated external defibrillator (AED), the team did not have one. The Watlingtons have said that their hope with this lawsuit is to prevent similar tragedies from happening in the future, the news report states.
According to the National Oceanic and Atmospheric Administration (NOAA), there have been 28 lightning-related fatalities nationwide so far in 2012. Five of those fatalities were in the state of Florida, the report states. In 2011, 26 lightning-related deaths were reported in the United States.
“When it comes to sports teams, the schools or organizations that run these programs are responsible for the safety and well-being of its participants,” said John Bisnar, founder of the Bisnar | Chase personal injury law firms. “It is absolutely essential for coaches to get CPR training and definitely make a judgment as to when it is safe or unsafe for children to go out into the field. Given the tools we have today to get the most up-to-date weather forecasts, there is no reason should be exposed to weather-related hazards.”
Bisnar says wrongful death lawsuits play a vital role in our civil justice system. “Not only do these lawsuits help families get a sense of justice by holding the negligent parties or wrongdoers responsible, but they also play a part in ensuring that similar tragedies do not happen in the future.”
About Bisnar | Chase
The California Wrongful Death Lawyers of Bisnar | Chase represent victims of wrongful death, and many other personal injuries. The firm has been featured on a number of popular media outlets including Newsweek, Fox, NBC, and ABC and is known for its passionate pursuit of results for their clients. Since 1978, Bisnar | Chase has recovered millions of dollars for victims of wrongful death accidents.
For more information, or for a free consultation, please call 949-203-3814.
A widow whose husband died from the fungal meningitis outbreak from contaminated steroid injection has filed a wrongful death lawsuit. This is the first wrongful death suit that has been filed since the outbreak happened.
According to news reports, Diana Rohrer’s filed the complaint in Elkhart, Indiana against the New England Compounding Center and its sister companies – Ameridose, LLC and Aluanus Pharmaceutical LLC. The lawsuit seeks damages, including medical expenses, burial expenses, lost income, loss of love and services and loss of consortium and punitive damages.
The U.S. Centers for Disease Control and Prevention (CDC) reports that as of Nov. 5, there were 29 deaths and 404 infections spread over 19 states. Federal investigators are still looking into how the steroid injections, Methylprednisolone acetate, became contaminated and were allowed to be marketed and used on patients. …Read the rest »