January 2019 Archives
Defective Earplugs And Hearing Damage
$13 Million Verdict for Man Injured by Train
A jury awarded a South Carolina man $13 million. The man suffered severe injuries, including broken bones and brain damage, when his vehicle was struck by a train. Lawyers for the plaintiff argued BNSF Railway was negligent by failing to cut down trees on its right of way.
Lawsuit Filed Against Carnival Cruise After Ship Tilt
A federal lawsuit was filed in the U.S. District for the Southern District of Florida against Carnival Cruise after the ship tilted, or listed, for around a minute on October 28, 2018. The incident occurred just moments after setting sail from Port Canaveral, Florida, for a five-day Caribbean cruise. The tilt caused glasses, dishes, and furniture on the ship to fall to the floor. In a letter to the passengers the next day, the incident was blamed on a malfunction with an electrical switchboard that impacted the ship's use of stabilizers.
Man Files Suit Against Bird Scooter Company
In November 2018, Mark Walters tripped on a Bird electric scooter that was lying in the middle of an Austin sidewalk. Due to injuries he sustained in the fall, he paid around $2,400 in hospital bills. Mr. Walters filed suit against the scooter rental company and is seeking compensation.
Confidential Settlement Reached in Dram Shop Case Against Tejano Bar, LLC D/B/A Coyotes Bar
Firm Partner Benny Agosto, Jr. reached a confidential settlement against Tejano Bar, LLC d/b/a Coyotes Bar regarding an incident that occurred on March 26, 2017. The settlement brings a favorable end to the lawsuit seeking compensation for the death of Ms. Christine Rocio in a car crash.
Worker Injured in Louisiana Oil Refinery Explosion Sues Shell Oil, Others
A Pearland man is suing Shell Oil Co. over injuries he suffered in an explosion at a Louisiana refinery, according to a lawsuit filed in the Harris County 215th District Court on December 10, 2018.
Lawsuit Filed Against American Airlines
A passenger on an American Airlines flight filed suit against the major airline claiming that a flight attendant punched him in the head while on a flight back on January 5, 2018. The passenger, Gregory Lagana, was traveling from Charlotte, North Carolina to Philadelphia on American Airlines Flight 1798 when the alleged assault occurred. The altercation began over a dispute regarding Lagana's drink order, and escalated when the flight attendant waved his finger in Lagana's face. After Lagana attempted to push the flight attendant's finger away, the flight attendant allegedly dug his nails into Lagana's hand, pinned his arm back, and began punching him in the face.
Apps That Can Make You A Safer Driver
Fires Strike Local Area
A rash of fires has struck the Houston area lately, and one claimed the life of a deaf man.
Confidential Settlement Reached for Burn Victims at Church's Chicken
Firm attorneys Benny Agosto, Jr. and Kelly Viktorin have reached a confidential settlement against Church's Chicken regarding an incident that occurred on August 1, 2016. On this particular day, two of Mr. Agosto's clients were working at a Church's Chicken when the kitchen floor collapsed into the crawl space beneath, causing the industrial deep fryers of hot grease to fall on top of them.
Parents Reach Settlement with Hotel Over Toddler's Death
In July of 2015 3-year-old Stephanie Martinez fell approximately five stories to her death at an Embassy Suites in Anaheim, California. Stephanie and her family were visiting California on a trip to Disneyland. Stephanie's parents, Jesus Martinez Avila and Alejandra Sandoval Duran, brought a lawsuit against the hotel's owners and the property management company that controlled the premises on the date of the fatality. The lawsuit alleged negligence against the defendants which resulted in the death of the toddler.
Employees Charged with Serving Intoxicated Minor involved in Fatal DWI
On the evening of December 16, 2018, 19-year-old Erick Hernandez left a facility named Frontera Events Venue on Houston Boulevard in his Ford F-150 shortly before 11:00 p.m. Just minutes later, he swerved across three lanes of traffic and crashed head-on into an SUV that Taylor Phillips was driving. The 23-year-old mother was killed. In addition, her 1-year-old son and 48-year-old mother were injured.
Ford Recalls Vehicles with Takata Airbags
Ford has recalled close to one million vehicles around the world to replace defective Takata airbag inflators. The Detroit Free Press reports that the vehicles have been recalled due to a risk of flying shrapnel caused by exploding airbag inflators. Takata used the chemical, ammonium nitrate, to create an explosion to inflate airbags. However, it can deteriorate over time due to heat and humidity. When the ammonium nitrate has deteriorated, it will explode with too much force and blow apart the metal canister designed to contain the explosion. Hundreds of people have been injured by the shrapnel from these airbags and at least twenty-three people have been killed worldwide.
$4.69 Billion Verdict Upheld Against Johnson & Johnson
Johnson & Johnson lost a motion seeking to overturn a jury verdict in excess of $4 billion. The jury found that Johnson & Johnson was to blame for ovarian cancer of 22 women who sued the company. The cases centered around talc powder manufactured by Johnson & Johnson. The lawsuits allege that the company's baby powder and other talc powder products were contaminated with asbestos particles that can cause cancer.
Harris County Files Lawsuit After Deputy Injured by Exploding Glock
Deputy Herman Sanders was injured on the morning of March 1, 2017 when his handgun exploded. On December 31, 2018, Harris County filed a lawsuit against the manufacturers and sellers of the gun, Glock Inc., and also against the manufacturers and sellers of the ammunition, Olin Corporation, for negligence, and breach of warranty, among other causes of action.
Why Driving With A Hangover Isn't A Safe Option
$800,000 Settlement from Fatal Drug Mix-Up at VA Hospital
A woman representing the estate of her veteran husband filed a wrongful death lawsuit against the United States after her husband died from treatment at the Dorn VA Medical Center in Columbia, South Carolina. Ralph Keogh, who had previously been treated for acute myelogenous leukemia, went to the VA hospital on January 22, 2017 for nausea and vomiting. The lawsuit alleges that the Dorm VA medical staff administered multiple doses of a medication called Pegfilgrastim, instead of the medication that was actually prescribed to him with a similar name-Filgrastim.
Psych Hospital Loses Federal Funds
According to federal officials, Dallas Behavioral Healthcare Hospital, a DeSoto psychiatric hospital, will lose Medicare funding for putting its patients in "immediate jeopardy" of harm. The decision was made based on inspection reports which detailed allegations such as a staff member who did not know how to deal with potential sexual predators, patients being left untreated for hours, and a 12-year-old boy who was injected with an anti-psychotic drug for "agitation" even though video footage showed he was watching cartoons.
Teenager Over-served by Bar Causes Fatal Collision
Two minutes after leaving a bar that served him over a dozen drinks, an intoxicated 19-year-old driving a pickup truck veered into oncoming traffic colliding with an SUV. The driver of the SUV was killed. The driver's mother and 1-year-old child were injured.
$4.7 Billion Talc Verdict Upheld
A Missouri judge has recently upheld the award of 4.7 billion dollars in damages to twenty-two victims of ovarian cancer against Johnson & Johnson. This case stems from Johnson & Johnson having produced talc powder for decades, encouraging its use in women and children, all the while knowing of its contamination with asbestos. Company communications reveal both Johnson & Johnson's knowledge of the contamination, and of the health threats posed by asbestos. Citing the "reprehensible conduct" of the manufacturer, the judge upheld the judgment as being supported by the evidence adduced at trial.
The True Cost Of Motor Vehicle Accidents
