The victim of an alcohol-fueled school rivalry prank has filed a civil suit against his attacker, who was video-taped placing his genitals on the victim's neck as he was passed out in a downtown New Orleans restaurant. The man, a Louisiana State University fan, was accosted by an Alabama fan during a raucous celebration after the National Championship game in the city this year. The man has now filed a civil damages complaint against the man who assaulted him, and a premises liability suit is pending against the restaurant for failing to intervene in the incident.
]]> The man, who filed the claim on May 10, said that he suffered severe mental anguish, humiliation, embarrassment and depression because of the incident. Those problems caused him to have to withdraw from school, losing valuable tuition payments and educational credits. Although the suit does not specify a dollar amount for damages, the man's attorneys say that a reasonable sum will be sought.The civil complaint names the Krystal Co. and Big Easy Enterprises, LLC because they are the entities that own the downtown establishment. The employees at the restaurant reportedly saw the assault and chose to do nothing about it, failing to notify authorities or even supervisory staff. They displayed a general indifference to the man's suffering, failing to provide the man with safety and security as a patron of their establishment, according to the man's legal team.
The videos of the incident quickly made the rounds on popular Internet sites, and the man who assaulted the LSU fan eventually turned himself into police after the attack was highly publicized. The prosecutor will decide by June 20 whether to indict the man in connection with the incident.
Criminal charges are still pending in the incident, and so the lawyers for the suspect were unable to comment on the civil proceedings.
Source: The Times-Picayune, "LSU fan assaulted after BCS Championship files civil suit," David Hammer, May 4, 2012
]]>The 85-year-old is a resident of an Iowa city near the southwest corner of Wisconsin. He said that his injuries were caused by his friend slipping while pushing his wheelchair, which launched him into the camel pen at the circus. It is unclear whether the man intends to file a suit because of the slip and fall accident.
]]> The man is a retired clarinet player who had spent several years performing with circuses throughout the country. When he found out that a circus was coming to visit the town in which he resides, he asked a friend to take him along. The man lives in a health center, and his friend is not employed at that facility.The man's friend slipped as he was pushing the wheelchair past the camel pen, which caused the man to fall in with the massive animals. The camels were understandably upset at the intrusion, kicking and stepping on the man because of the disruption. He was not severely injured, despite the camels' best efforts. The animal keeper came rushing to the man's rescue, shooing the camels away before further damage could be done.
The man's wounds were cleaned by first responder personnel, but he staunchly refused to go to the hospital, insisting instead on staying so he could watch the circus. Event officials finally convinced him to return to the nursing home so his scrapes and bruises could be tended, much to the man's dismay. Nursing home personnel also insisted that he visit a doctor because they suspected that he had broken his arm, but he hadn't.
Despite his encounter, the man was in good spirits when visited by local media personnel several days after the incident.
He had served as a windjammer, the circus term for musicians, for many years, and he fondly recalls his experiences during those times. He was forced to retire after suffering a stroke.
Source: Quad City Times, "85-year-old survives trampling by camel," Bill Wundram, April 27, 2012
]]>The money that the young boy will receive is designed to compensate him not only for the financial resources that his father could have provided but also for the loss of companionship and comfort provided by a father, according to the plaintiff's attorneys. The boy will receive two separate annuities worth $1.14 million that promise $2.9 million in future benefits, with a potential to reach $4 million if he lives a long life.
]]> Included in the settlement will be about $30,000 annually for the boy to attend college, as well as more than $40,000 each year if he decides to attend graduate school. Beginning in August 2022, the boy will receive $750 per month and when he turns 25 he will receive $5,000 a month for 30 years. Those monthly payments will likely continue through the rest of his life, according to attorneys and financial experts.The judge in the case had previously denied the settlement terms because they provided too much compensation for the plaintiff's attorneys. The legal team had been seeking a 40 percent fee for services. Now, only one-third of the boy's settlement will go toward attorneys' fees. That amounts to more than $650,000. The boy's lawyers will receive a total payment of about $808,000 for their work, which included investigation, preparation and prosecution.
The case had been levied against the Houston Livestock Show and Rodeo, along with its carnival ride operator, Ray Cammack Shows. The man who died allegedly plunged more than 40 feet to his death, though the official cause of the accident remains unknown. His survivors say that the ride failed to properly restrain him, which led to his death.
The boy is unlikely to receive any of the annuity benefits until he starts college because life insurance and other funds have been allocated toward his earlier care.
Source: Houston Chronicle, "Judge OKs settlement for son of man killed in rodeo coaster fall," Cindy George, April 20, 2012
]]>The woman, who filed the suit anonymously, claimed in the premises liability case that Depp's bodyguards injured her so badly that she had to be treated at the local emergency room. Pop, a native of Wisconsin's neighbor Michigan, is not named in the suit.
]]> The woman, who is a medical doctor, claims that Depp's bodyguards blocked her path when she attempted to use the designated disabled entrance. She convinced them to let her by when she showed them her cane but Depp allegedly directed his guards to accost the woman after she entered the theater, according to the suit. The guards are accused of tackling the woman from behind, forcing handcuffs on her and taking her iPhone forcibly. The phone contained confidential patient information, according to the woman, because of her job as a doctor.The woman claims that she was dragged to an upper balcony in the theater. She returned to her seat after the incident, only to have the guards assault her again there, forcibly handcuffing her again. The woman says the guards injured her hands and arms when they pulled on the handcuff chain. She says the guards then removed her pants, exposing her lower body to other occupants of the theater.
Throughout the incident, Depp did nothing to stop the attacks, even though he knew what was going on, according to the suit. She was then allegedly dragged up a set of stairs and thrown out of the theater in front of other audience members.
The woman says that the attack has left her with even more debilitating injuries, including spinal root damage that has caused numbness in her feet. Her left elbow was dislocated, she says, and her arms, hands and wrists were injured as well. She says the attack has left her unable to return to work.
The woman has filed paperwork accusing the theater and Depp of negligence, premises liability, negligent hiring and retention, infliction of emotional distress and assault and battery, among other charges.
Source: Courthouse News, "Woman claims Johnny Depp ordered bodyguards to attack her," Matt Reynolds, April 18, 2012
]]>The family of an 89-year-old man who died from an infection after a dog bite has decided to file a federal civil rights lawsuit against the police officers that they say are responsible for the accident.
]]> On May 29, 2011, a police officer sent his dog over a yard wall as he was searching for robbery suspects in a residential neighborhood. The robbery suspects reportedly did not bear a resemblance to the elderly man, who was enjoying an afternoon outside in his backyard.The dog reportedly attacked the elderly man, mauling his leg and dragged him across the ground, according to the suit filed by the family. The man's leg later became gangrenous and was amputated, according to physician reports. His health continued to decline after the operation, and he died on July 27, 2011.
The man's family members say that police officers should have known that the search dog was likely to harm innocent people if turned loose in a populated residential area. The suit seeks unspecified damages, according to the family's legal team.
The officers contend that the dog acted appropriately. He reportedly tracked the suspect to the elderly man's backyard, stopping to indicate that the suspect was behind the eight-foot wall.
Although the case has been filed, a settlement has not yet been proposed and a jury trial has not yet commenced.
Source: The San Francisco Chronicle, "Hayward sued over police dog bite on man who died," Henry K. Lee, April 4, 2012
]]>The victim was helping a neighbor move a stereo unit into his home when the 2-year-old pit bull lunged at him and bit off his nose. The dog, named Monster, had not shown aggressive behavior toward humans before, although the man said that it had a tendency to play rough with his own dog. Monster's owner hypothesizes that the man scared the dog when he got down on the floor to install a stereo component.
]]> Doctors were unable to reattach the man's nose. He now faces a series of six or more surgeries during the upcoming year. The medical bills associated with those procedures is likely to surpass $200,000. The man does not have health insurance, since he recently started up his own one-man towing company. He said he is unable to work because of the accident and fears that he may lose his business. The man is not permitted to drive because he is on high doses of painkillers.The victim said that he has owned pit bulls himself for more than 20 years and he has never experienced any problems with the animals. He said that he has already forgiven Monster, but he emphasizes that this incident should demonstrate the importance of proper animal training.
Chicago lawmakers say they are considering revisiting a proposal that would restrict ownership of certain dog breeds, including pit bulls. A proposition had been introduced in 2007 that would have imposed such restrictions but it was abandoned before being implemented.
Source: Huffington Post, "Pit bull bites off Chicago man's nose: Victim forgives dog, says 'It's not the dog's fault'," April 3, 2012
]]>A recent court decision in Wisconsin may end up limiting the rights of nursing home residents if they sustain injuries while in the care of others. The U.S. Supreme Court ruled this week about pre-arbitration agreements during nursing home admissions. Those agreements do not violate public policy, and they are thus legally binding.
]]> During the admissions process, some nursing homes require residents to sign away their rights to a jury trial, instead insisting on the use of arbitration if a lawsuit arises. Wrongful death, negligence and other claims fall under the purview of the arbitration committee. The arbitration process guarantees that the elderly residents do not have access to a jury trial, which can severely limit available compensation and other recourse available to the plaintiffs. Instead, decisions are made by an arbitration panel.Supporters of the arbitration process argue that it limits runaway litigation claims, which allows nursing homes to operate without fear of significant losses due to fraudulent claims. They also say that liability insurance rates are lowered by using arbitration, which lowers the overall costs of nursing home care. Finally, arbitration is less costly and less time-consuming than traditional litigation, allowing both parties to reach a conclusion with fewer inconveniences.
Plaintiffs can still pursue a jury trial if they can prove that the arbitration agreement was signed under duress or required unreasonable provisions, according to the Supreme Court ruling. Experts say that, ultimately, nursing home residents who have been abused or injured during their stay will still have access to remuneration. The money might just be distributed through a different, and more expedient, process.
Source: State Bar of Wisconsin, "Nursing home law: Pre-dispute arbitration agreements don't violate public policy," Joe Forward, March 21, 2012
]]>The facilities were ranked by a system created in 2008 by the federal government to evaluate nursing homes that receive funds from Medicaid and Medicare. Nursing homes receive grades ranging from one to five stars under the system; three-star facilities are rated as average. Several senior care centers in Iowa received low marks because of repeated safety violations. Ratings such as these also apply to nursing homes in the Milwaukee area.
]]> One facility was cited 33 times in a year. The average number of annual citations is seven. That nursing home is accused of failing to take measures to prevent falls, denying residents oral care and improperly storing medications. One resident claims that he was not bathed for more than a week. That same facility faced massive sanctions in 2010 related to alleged sexual assault of a resident that occurred in 2009. An employee of that nursing home has been charged in the case and awaits trial.Opponents of the system say that although it captures some important information about the nursing home facilities, many variables are not considered. Although the reports may accurately reflect environmental conditions, such as those related to slips-and-falls, other characteristics are often left out. Staff attitude and facility decoration are not evaluated as a part of the program, directors say, which causes many homes to receive falsely low marks.
Government inspectors disagree with that assertion. They say that the system adequately characterizes the nursing homes based on their standard of care. The rubric provides a comprehensive picture of safety and health within the nursing facilities, they say, which allows family members to protect their loved ones from injury.
Source: Des Moines Register, "Inspection records: 2 Iowa City nursing homes consistently receive low marks," Josh O'Leary, March 17, 2012
]]>A meth lab discovery in a Florida hotel this week led to the building's condemnation. This premises liability situation led to potential property damage for the occupants, but the meth lab operation may have also jeopardized their health.
]]> In this case, hotel occupants were forced to vacate the premises after the meth lab was discovered. They were unable to retrieve their belongings, some of which likely were damaged as a result of the meth lab operations.Officials say the hotel will likely remain closed for at least a month for remediation. They are unsure about the long-term health effects that the occupants may have suffered, though authorities report that the lab was high-production, creating eight "pots" or large batches. The meth lab had been in operation for months, based on official estimates, and it might have been caught earlier had the hotel owners conducted more frequent room inspections.
The hotel owners will be held financially accountable for remediating the premises and guaranteeing the facility's safety using air quality checks. Local law experts say the owners are responsible for maintaining the ongoing safety of their guests, something they failed to do in this situation. Guests who inhaled the toxic fumes will likely have a good case against the facility operators, especially if they begin to experience health effects as a result. Employees may also attempt to recover damages under occupational health regulations.
Sources: FCN, "Meth Lab Hotel Condemned, Guests' Belongings Inside," Erin Hawley, March 14, 2012
]]>A recent case in Pennsylvania demonstrates that risk. An elderly California man claims Somerset Hospital in Pennsylvania should take responsibility for his wife's death. The man says weakness from his slip and fall accident at the hospital kept him from being able to catch his wife when she fell at home five months later.
]]> In his lawsuit, the man says he traveled to Somerset in February 2010. While he was there, his foot began to hurt, and he was admitted to Somerset Hospital.During his stay, a nurse knocked a pitcher of water off his tray while she was adjusting his IV pole. The pitcher's lid looked secure when the woman picked it up. She did not say anything about spilled water and did not try to wipe up the spill, so the man was unaware the floor in his room was wet.
When he got up to use the restroom, the man slipped on the wet floor and took a tumble. The man smacked his head on the wall and was knocked unconscious. He also injured his hip on a chair, according to court documents.
When the man regained consciousness, he saw a large water spill on the floor and blood from his head. Staff members at the hospital cared for his injuries from the fall, and he was discharged from the hospital on Feb. 27, 2010.
After returning home, the man discovered he could not move as well as he used to as a result of the fall, the lawsuit claims. In August 2010, he was supporting his wife as she stood on two chairs to change a light bulb. The man claims in his lawsuit his fall had left him in such pain he was unable to support his wife, and she fell and hit her head.
The woman was treated in five different medical facilities before she died in March 2011 from injuries sustained in the fall, the lawsuit says.
Source: The Tribune-Democrat, "Man claims his hospital injuries led to wife's death," Bernie Hornick, March 2, 2012
]]>Abdul and her insurance company recently agreed to pay $900,000 to a woman who had a slip and fall accident on Abdul's driveway in 2007.
]]> Court records show the woman was visiting Abdul's Los Angles house to film the reality television show, "Hey Paula" when she took a tumble in the driveway and allegedly injured her back. The woman sued Abdul in 2009, roughly two years after the fall.In her lawsuit, the woman claims she needed several surgeries to repair the injuries the accident caused to her back.
In addition to the settlement from Abdul's insurance company, the woman will receive an additional $100,000 from Scott Sternberg Productions. Scott Sternberg Productions was the company that produced "Hey Paula" during its brief run on television.
The woman's lawsuit was scheduled to go to trial Feb. 14, 2012. However, the two sides reached an agreement shortly before Valentine's Day.
An attorney for Paula Abdul says the singer was not involved in the settlement agreement. She says Abdul's insurance company and the insurance company representing Scott Sternberg Productions struck the deal.
The attorney says Abdul was prepared to take the case to court. Her attorney claims she is confident Abdul would have been victorious, if the case had gone to trial. However, the insurance companies opted for a settlement, instead.
"Absolutely no monies of the settlement will be paid by Paula Abdul," her attorney says. She further called the settlement a "business decision made solely by Ms. Abdul's insurance carrier."
Shortly after the settlement details were released, Abdul listed her Sherman Oaks, Los Angeles, home for sale. She is reportedly asking $1.9 million for the 4,679-square-foot mansion with five bedrooms and four-and-a half bathrooms.
Source: E! Online, "Paula Abdul's Back-Busting Driveway Costs Nearly 41 Million," Natalie Finn, Feb. 22, 2012.
Source: AceShowbiz, "Paula Abdul Puts Los Angeles Home on the Market at $1.9 Million," Feb. 23, 2012
]]>Court records indicate the man was visiting the Pine Hills Golf Course and Supper Club in Gresham, Wisconsin, in 2008 when he slipped and fell in an icy parking lot. The man was injured in the slip and fall accident, and had to be hospitalized.
]]> The man filed a premises liability lawsuit against the Stockbridge-Munsee Community Indian Tribe, a federally recognized Indian tribe that purchased Pine Hills in 1993. He also named First Americans Insurance Group, the tribe's insurer, in the lawsuit.The appeals court said that the golf course falls under the "general rule of immunity for tribal businesses" and that the tribe and its insurer are immune from liability.
The court found that the Stockbridge-Munsee Community Indian Tribe chartered the golf course as a "subordinate organization and economic enterprise." As such, the golf course has tribal immunity.
Federal law governs tribal immunity, which protects Indian tribes from state court lawsuits, the court of appeals ruled. In the decision, one judge wrote that tribal immunity is designed to promote a tribe's "cultural autonomy" and right to determine its own course. It also promotes economic development.
Because tribes must overcome their remote locations and poor tax bases, the immunity protects not only the tribe's system of government; it also includes the tribe's business enterprises, the judge wrote.
In a 1998 case, the U.S. Supreme Court agreed that tribal immunity may be unfair to people with legal claims against a tribe, but opted not to change the policy unless Congress votes to change federal law.
The man argued that the U.S. Supreme Court ruling was not intended to protect tribes from liability claims. The appeals court said the Wisconsin Supreme Court or the federal courts should decide the matter.
Source: State Bar of Wisconsin, "Tribal immunity bars plaintiff's lawsuit in tort case, appeals court says," Joe Forward, Feb. 20, 2012
]]>A Chippewa County judge agrees with local officials that an American bulldog needs to be euthanized. According to court records, a 6-year-old boy suffered a dog bite in June 2011 after encountering the dog in Chippewa Falls, Wisconsin. The dog is also accused of attacking another dog in September 2011.
]]> The judge ruled Feb. 14, 2012, that the dog's owner must turn over the dog, so authorities can have it euthanized. The judge says the owner knew the dog was vicious, but refused to control it.The Chippewa Falls City Council initiated a lawsuit demanding that the dog's owner turn over the animal to them, so it could be killed after the second dog attack.
The city's mayor says euthanizing the dog is the only option city officials have. He says the city has a record of the dog's aggression and that the owner cannot control it.
In September 2011, a 39-year-old Chippewa Falls resident told the City Council she was walking her dog past the American bulldog's residence Sept. 24. As she walked past the house, she said two dogs dug under the fence and attacked her yellow Labrador retriever. One of the dogs was the American bulldog.
According to the lawsuit the city filed, the woman allegedly asked the dog's owner to stop the attack, but instead of trying to help, the owner yelled a profanity at her.
The city attorney says at the time of the attacks, the dog lived just west of downtown Chippewa Falls. Now it resides at a home in the village of Lake Hallie. The attorney plans to draft a letter to the dog's owner demanding that the dog be turned over to authorities from Chippewa Falls.
The dog's owner has five business days to contest the contents of the letter. The city attorney expects the dog to be euthanized within a week or two of the judge's ruling.
Source: The Leader-Telegram, "Judge orders Chippewa County dog to be euthanized," Chris Vetter, Feb. 14, 2012
]]>According to court documents, a 21-year-old man hosted a party in a shed located on business property owned by his family. The man allegedly served alcohol to an underage guest. Later in the evening, the underage drinker allegedly assaulted and injured another guest at the party.
]]> The person who was assaulted filed a premises liability lawsuit against the 21-year-old man and West Bend Mutual Insurance Company. The alleged victim argued that the man was negligent when he served alcohol to the underage party-goer.At the time of the alleged assault, West Bend Mutual insured the home of the 21-year-old man and his family. The insurance company argued it was not liable in the case because the policy did not cover the shed on the business property and it did not cover that type of "occurrence."
A circuit court judge agreed and issued an order dismissing West Bend Mutual from the case. However, the Court of Appeals overturned the circuit court ruling Feb. 2.
The appeals court found that the man's policy covered liability for bodily injury damages caused by an accident. The appeals court ruled for insurance coverage purposes, assaults are accidents, as long as the injured person "did not intend, expect, or anticipate the assault or resulting injuries."
The appeals court also denied West Bend Mutual's claim that the company was not responsible for covering the injuries because the shed was not covered in the family's homeowner's insurance policy. The court found that the family used the shed to store personal property, which made it a premises used in connection with the residence.
Source: State Bar of Wisconsin, "Insurance policy covers drinking party assault on insured's business property," Joe Forward, Feb. 7, 2012
]]>In addition to the proposed city sanctions, negligent landlords are also putting themselves at risk of premises liability lawsuits.
]]> If the city's ordinance passes, tenants with negligent landlords can request a hearing with the city's Public Health and Safety Committee. If the city agrees that a landlord has not fixed an interior code violation, the city can offer the tenant rent abatement.For example, a sewage backup could cost a landlord up to 90 percent of a tenant's rent payment. If a landlord does not fix a broken shower, the tenant may be able to save 25 to 50 percent of his or her rent.
A housing code task force developed the ordinance. The tenant advocate on the task force says the ordinance could make a monumental difference because it gives landlords a financial incentive to fix problems in a timely manner.
A Madison, Wisconsin, ordinance was the model for the proposed Wausau law. The Madison director of building inspections said the city generally only gets about two complaints per week. However, he says most landlords make repairs promptly because they do not want to pay tenants.
The chairwoman of Wausau's Public Health and Safety Committee says the new law gives the city an additional way to put pressure on slumlords. If the violation is serious enough, the abatement could cost more than the repair.
At least one Wausau landlord thinks the proposed ordinance is "a fair way to protect tenants from slumlords." The man owns roughly 200 rental properties in the city and is a member of the housing code task force.
Source: Wausau Daily Herald, "Wausau seeks crackdown on rental violations," Chad Daily, Jan. 27, 2012.
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