Injury & Accident Law

Jaywalking Teen Ticketed While in a Coma Leaves the Hospital and Sues the Driver

A 13-year-old Las Vegas teen who while in a medically induced coma was ticketed for jaywalking is out of the hospital, and she’s taking her own legal action against the driver accused of striking and injuring her. The suit (PDF) filed on behalf of Takara Davis claims she was thrown…

Feb 3, 2011 12:00 PM CST

Oregon Attorney’s Documentary ‘Hot Coffee’ Makes the Sundance Cut

Hot Coffee “meet the artist” video. Many lawyers have fantasized about putting their practice on hold and making a movie, but few actually do it. Even fewer can say their maiden effort landed them a coveted spot at an internationally renowned film festival. Ashland, Ore., lawyer Susan Saladoff is that…

Feb 1, 2011 8:59 AM CST

When Food Attacks! Disgruntled Diners Demand Dinero for Culinary Contretemps

Running a restaurant can seem like a never-ending exercise in putting out fires, both figurative and literal: Vendors don’t deliver—Cancel tomorrow’s veal scallopini special!—servers call in sick, grease fires erupt. And customers can add to the chaos by being overly demanding or suing for gastronomic distress (not to mention those…

Feb 1, 2011 6:10 AM CST

Tort Defense Lawyer Contends MySpace Smiley Faces Are Damning Evidence

Tort defense lawyers are increasingly seeking access to plaintiffs’ private social media pages in hopes the contents will provide evidence of fakery. Two state courts recently granted broad access to private portions of social media sites, and a federal court did the same in 2009, Reuters reports. In one of…

Jan 28, 2011 12:55 PM CST

US Rep Sues Capitol Cafeteria for $150K Over Vegan Sandwich, Alleges Injuries from Olive Pit

Known to be litigious in other contexts, a member of the U.S. House of Representatives has sued the Capitol cafeteria over a vegan sandwich. Congressman Dennis Kuchinich (D-Ohio) alleges that an olive pit was lurking in the seemingly safe food item, causing dental damage that required surgery, reports the Cleveland…

Jan 26, 2011 8:32 PM CST

Lawyer is Suspended Over Hit-and-Run for Which He Initially Blamed His Wife and ‘Road Raged’ Bikers

A Vermont lawyer who reportedly is a former traffic court judge caused an accident in September 2007 by braking abruptly after passing two bikers. Then he blamed the crash on his wife—falsely claiming that she had been the driver—and the “road raged” bikers for the fact that he didn’t stop…

Jan 3, 2011 8:26 PM CST

Torts for Tots: Swear to Tell the Truth or Go to Your Room

“Will the defendant please rise?” “Actually, your honor, he’s not up from his nap yet. And he hasn’t had his ba-ba.” “OK, counselor, have him here for the afternoon session, and make sure he’s burped and has his Binky.” A bit farfetched, perhaps, but that’s the logical endgame to what…

Jan 1, 2011 6:10 AM CST

Judge Nixes Secrecy Pact in High-Profile Fatal Toyota Crash Settlement; Automaker Paid $10M

Although Toyota Motor Corp. and the plaintiffs agreed to keep secret the amount the automaker paid to settle a lawsuit over a fiery high-speed crash that killed a California Highway Patrol officer and three family members, a state-court judge held the settlement couldn’t be confidential. Ruling earlier this week on…

Dec 23, 2010 10:37 PM CST

Blinded Golfer Loses Appeal; NY’s Top Court Says He Assumed the Risk

New York’s highest court has ruled on behalf of a golfer accused of failing to yell “fore” before hitting a ball that struck and blinded his friend in one eye. The New York Court of Appeals ruled that the friend, Dr. Azad Anand, had assumed the risk of injury, according…

Dec 21, 2010 5:44 PM CST

Continental, Mechanic Convicted of Involuntary Manslaughter in 2000 French Crash

Continental Airlines and one of its mechanics were found guilty of involuntary manslaughter in France today for a 2000 Concorde crash near Paris that killed 113 people. The mechanic received a 15-month suspended sentence and a $2,650 fine in the crash, allegedly caused when a metal strip that had fallen…

Dec 6, 2010 12:38 PM CST

Diminishing Returns Spur Some Lawyers to Re-Evaluate Yellow Pages Ads

Some Wisconsin lawyers are re-evaluating phone book advertising because they are getting less bang for their buck. The Wisconsin Law Journal spoke with several lawyers who say they are getting fewer calls from their ads or fewer quality clients. Bankruptcy lawyer James Miller of Miller & Miller is one of…

Dec 2, 2010 2:24 PM CST

Ruling: State Can Be Sued Over Fatal Bear Attack at Campground

A Utah woman whose child was killed by a bear while they were camping near American Fork Canyon in 2007 can sue the state for not warning her family about a bear attack that took place earlier that day. Eleven-year-old Sam Ives was pulled from his tent by a bear…

Nov 24, 2010 7:03 PM CST

Fla. Jury Awards $72M in Punitives to Daughter in Smoking-Death Case; R.J. Reynolds to Appeal

A jury in Levy County, Fla., has awarded $80 million to the daughter of a man who died of lung cancer in 1996, at age 78, some six decades after James Cayce Horner began smoking in the 1930s, as a teenager. Of that amount, R.J. Reynolds Tobacco Co. must pay…

Nov 17, 2010 1:30 AM CST

Two Men Sue Over ‘Exploding’ Escargot Incident That Marred B-Day Celebration

Two California men are suing a San Rafael restaurant, claiming a birthday celebration was ruined when escargot they ordered exploded, spewing hot butter on their faces and shirts. Chadwick St.-OHarra and Steve Righetti filed suit in Marin Superior Court’s small claims division over the June incident at the Seafood Peddler,…

Nov 16, 2010 8:40 PM CST

Nancy Grace Settles Suit Over Alleged Show-Related Suicide for $200K Trust Fund

Talk show host Nancy Grace and CNN have settled a suit brought by the family of a young woman who committed suicide in 2006 after being aggressively interviewed by Grace about the then-recent disappearance of her 2-year-old son from her home. Melinda Duckett, 21, shot herself on the day the…

Nov 8, 2010 11:29 PM CST