When may a trial judge dismiss a lawsuit for a failure to provide court-ordered discovery to the opposing side? This question is important because the discovery process is a major portion of most litigated cases. And, it is sometimes difficult to provide complete and timely responses to requests for documents and information. A Florida Appellate Court has just held that it was error to...
My clients often ask me what they can recover in a lawsuit? The answer to this quesiton like so many other legal questions is not simple. It depends on a whole host of factors. Some of our clients have tragically lost a loved one due to the wrongful conduct of somebody else. The type of recovery in a wrongful death action varies from the type of recovery for an action when somebody suffers...
A four-year-old Minnesota child's death has led to the recall of over 800,000 pieces of children's jewelry. Reebok Internationl, Ltd. and Dollar Tree Distribution Inc. are part of the recall.The child died of lead poisoning after swallowing one of Reebok's heart-shaped charm bracelets. The bracelets came as free gifts with the purchase of a pair of shoes from May 2004 until March 2006. While...
On March 29, two more families filed complaints against the maker of Magnetix toys. Two children inadvertently swallowed magnets that came loose from the toys. If swallowed, these magnets could cause blood poisoning, in addition to other complications. One child died. Another is recovering and doctors have issued a warning regarding the toys.If your child has been injured by a toy, you...
Last week, a cruise bound for Hawaii returned to San Diego after 142 of the passengers developed "norovirus," a contagious stomach virus. Symptoms include vomiting, abdominal pain, nausea, and vomiting. According to the CDC, this infection is spread when people don't properly wash their hands after using the bathroom. For more information, please see: Cruise Viruses.
On March 22, a B.C. ferry struck a rock and sank just north of Vancouver Island. Although initial reports claimed all passengers were safe, authorities later reported 2 individuals missing and presumed dead. This raises several questions about the safety of ferries. Although Washington state ferries are reportedly newer and safer, the lack of recordkeeping may lead to a similar assumption...
The family of a man who died in a Wichita Falls, Texas jail has filed a ten million dollar lawsuit against Wichita County and the sheriff of that county. Wilbert Lee Henson died in the Wichita County jail at age 61. He had been hospitalzed and was returned to the jail just prior to his death.According to the lawsuit, Henson told jail guards and medical personnel several times that he was having...
The Fifth Circuit court of Appeals has ruled that Nurse Practitioners ("NPs") and Physician Assistants ("PAs") who are paid on an hourly basis are entitled to overtime compensation for hours worked over 40 in a workweek.In June Belt, and others, versus EmCare, Inc and Texas EM-I Medical Services, P.A., a group of NPs and PAs sued claiming that their employer was violating federal law by...
A jury recently awarded $5.6 million to the family of Arturo Iturralde who had a screwdriver implanted in his spine after an orthopedic surgeon misplaced two titanium rods during the surgery. After cutting off the handle and placing the shaft of a stainless steel screwdriver in his patient's back, the shaft broke three days later causing serious injuries to Mr. Iturralde. As a result, Mr....
At approximately 11:30 p.m. on March 26, a Jeep heading eastbound on N.E. 2nd Street ran a red light and struck the rear driver's-side door of a BMW. The BMW was carrying five people and the Jeep contained six. A 20-year-old Bellevue native, who was a back-seat passenger in the BMW, died from his injuries. Both drivers were arrested for investigation of vehicular assault. Authorities are...