FindLaw Injury News
Tony Alamo Church Members Sue Each Other
76 year-old Tony Alamo, the Southern preacher accused of taking underage girls across state lines for sex, was convicted and sentenced to 175 years in prison last year. The latest drama to come from Tony Alamo concerns a string of lawsuits that pits former members of the Tony Alamo Christian Ministries against each other.
According to Jack Times, six members of Alamo's church are suing each other over allegations that the other party knew or should have known about illegal sexual activity Alamo was engaging in, and did nothing to stop it. All the suits ask for at least $150,000 in damages stemming from the pain and suffering they have faced as a result of the very public trial.
Alamo was convicted of rape and sexual assault and plans on appealing his conviction in the upcoming months. The latest suits do not hinge on whether Alamo will successfully appeal his criminal conviction since the civil suits are an entirely separate inquiry. Local lawyer on the case David Carter comments on the latest litigation:
"We would all like to think that adults would never allow such sickening abuse to continue for so long. But it happened. By brining this action we hope to hold those who should have protected these girls and failed to do so accountable. We also hope to bring awareness to what can happen when people are no vigilant about protecting children from predators such as Alamo."
The latest complaints allege violations of federal human trafficking laws against high-ranking members of the church, church controlled businesses, and Alamo's wife. Five of the six complaints allege that Tony Alamo took the teenagers as his "wives" and had sex with them. In Alamo's trial, investigators alleged that the human trafficking had been occurring as far back as 1994, with girls as young as nine.
Related Resources:
- Members of Tony Alamo Church sue other members (E World Post)
- Cult Leader Tony Alamo Sentenced to 175 Years (FindLaw's Blotter)
- Human Trafficking and the Child Protection Compact Act of 2009 (FindLaw's Writ)
Michael Douglas Cancer: Failure to Diagnose?
Michael Douglas Cancer: Failure to Diagnose?
Recently, producer and actor Michael Douglas announced he has stage IV throat cancer and is currently undergoing radiation and chemotherapy. According to interviews, Douglas said he sought treatment for a very sore throat earlier in the summer. He saw many doctors who could not find the cause of the problem until very recently.
According to the London Telegraph, it was not until a biopsy in early August that the cancer was revealed. A walnut-sized tumor was discovered at the base of Douglas's tongue. Reportedly, symptoms of a dry and sore throat, ear pain and vocal problems did not point the way to the true problem until months after Douglas first sought help.
CBS News reports actress Catherine Zeta-Jones, wife of Michael Douglas, is angry at the failure to diagnose. "It makes me furious they didn't detect it earlier," she People magazine in an interview. "He sought every option and nothing was found."
Other than getting angry, what can you do if a doctor fails to diagnose an illness? One option is to seek some compensation or relief from the law. Often, a delay or failure to diagnose a disease is actionable if it has resulted in injury or disease progression beyond any that would have resulted from a timely diagnosis. However, in some cases, it can be difficult to prove a patient has suffered a worse prognosis because of the failure or delay in diagnosis.
The key question in determining a possible case of failure to diagnosis and malpractice is to ask what diagnoses a "reasonably prudent doctor," under similar circumstances would have considered as potential causes of a patient's symptoms. In the case of Michael Douglas, not discovering a cancer until stage IV, with a "walnut sized" tumor and months of symptoms, may make it easier to prove that precious time was lost by a late or a failure to diagnose.
Fortunately for Douglas, the stage IV throat cancer is still confined above his neck, giving him an optimistic prognosis. Douglas has been given an 80 percent chance of recovery.
Related Resources:
- Michael Douglas: Radiation, Chemo 'Really Knocks You Out' (People.com)
- Proving Fault in Medical Malpractice Cases (FindLaw)
- Massachusetts' Supreme Judicial Court Embraces the "Loss of a Chance" Doctrine (FindLaw's Writ)
- Failure to Diagnose Cancer: Consequences and Culpability (FindLaw's KnowlegeBase)
- Medical Malpractice / Failure to Diagnose (provided by Michael C. George, Esq.)
- Medical Malpractice FAQs (provided by Knapp & Roberts)
American Airlines Sued Over Runway Overshoot
American Airlines Sued Over Runway Overshoot
What happens when a plane overshoots a runway, causing a passenger on board severe mental and emotions problems? According to Jewel Thomas, you should get compensation.
Thomas is suing American Airlines over an incident in Chicago where an American Airlines plane ran off the runway at O'Hare International Airport. The Boeing 757 was flying cross-country from Seattle to New York and made an emergency landing at O'Hare. She says that she is so traumatized that, despite previously being a frequently flier, she is now afraid to travel by airplane. Thomas argues that American Airlines was negligent in the incident. According to Thomas, the plane had electrical problems and was on a backup battery. Therefore, she alleges that the crew was negligent not to divert the flight sooner before the battery ran out. It does not seem that American Airlines completely disagrees with Thomas.
Vickie Norton, a captain with United Airlines, said that the American Airlines pilot's decision to continue the flight was incorrect. "There was a primary lack of systems knowledge," she said and added that the pilot should have made the emergency landing sooner, The Seattle Times reports.
Negligence requires a duty, a breach of the duty, causation (factual and proximate) and damages. In this case, the duty of the airlines to protect the safety is not in dispute, but American Airlines is certain to challenge the negligence allegation based on the breach and causation. Depending upon Jewel Thomas' medical records, they could conceivably challenge her damages as well.
In the end, while many say that Thomas should simply be thankful that she is alive, she is entitled to her day in court. Despite the frequent chatter about "frivolous lawsuits," the United States is fortunate to have a system that lets a person who has gone through a troubling ordeal have their day in court.
Related Resources:
- Twilight Star Taylor Lautner Sues Over Trailer 'Emotional Distress' (FindLaw)
- Emotional Distress (FindLaw)
- Aviation Accidents - Overview (FindLaw)
- Personal Injury Legal Glossary (provided by Miller Law, Inc.)
- Sample Personal Injury Verdicts and Settlements (provided by Law Offices of Wesley Malowitz)
American Idol Reject Re-Files Suit for $100M
American Idol Reject Re-Files Suit for $100M
"If your lifeguard duties were as good as your singing, a lot of people would be drowning."
"I met someone the other night who's 28 years old, and he hasn't worked a day since he left college because he's pursuing a dream he'll never, ever realize: He thinks he's a great singer. Actually, he's crap." -Simon Cowell
The hosts of American Idol have been known for this kind of tough criticism. Cowell was, of course, famous for his occasional critical rants. Eventually the ill will was likely to turn back at him and now American Idol is facing a $100 million lawsuit. Ian Berardo, a former Americal Idol reject, originally sued for $300 million but withdrew that lawsuit.
The lawsuit alleges federal violations of workplace discrimination law as well as sexual harassment. Ian Berardo, who came on stage and stole the microphone from Dane Cook during the live Idol finale and caused controversy, claims the show told him to "gay it up." Benardo filed the withdrawn suit with the NY State Equal Employment Opportunity Commission. Benardo, American Idol reject, also claims Dane Cook personally threatened him when the show was over and that a producer told Benardo that Dane wanted to "shove this mic up your ass but you would like it," TMZ reports.
Workplace discrimination and sexual harassment claims are common causes of action filed against businesses, both large and small. Businesses, including law firms are wise to have a clear workplace policy in effect that forbids any harassment. Routine reminders and training programs are another tool available to help prevent discrimination and harassment lawsuits.
Related Resources:
- Workplace Discrimination (FindLaw)
- Job Discrimination Claims On The Rise (FindLaw)
- Sexual Harassment: What is it? (FindLaw)
Study Uncovers Least Safe Cities for Walking
Study Uncovers Least Safe Cities for Walking
With fall quickly approaching, taking a leisurely stroll to watch the changing colors and enjoy the weather is something many city dwellers look forward to. If you live in Detroit, Atlanta, or Los Angeles, you may want to re-think walking the city streets. A new study uncovers the least safe cities for walking and the aforementioned cities are at the top (or bottom depending on how you look at it) of the list, reports the New York City Dot.
The New York City Pedestrian Safety and Action Plan tracked the number of serious pedestrian accidents in major cities across the globe, and also analyzed the underlying causes behing the deaths and serious injuries. The two safest cities are Hong Kong and Tokyo, with New York City and Portland as the only North American cities in the top ten.
The number one situation to stay away from: A busy street corner in Los Angeles with a distracted male driver exceeding the speed limit. The hypothetical may be an impossible situation to avoid for some people, however the sad reality of the study is that not only do pedestrian accidents cost cities millions of dollars every year, but a large number of them are completely avoidable. Whether failing to yield, or driving over the speed limit, pedestrian accidents are an unwelcome aspect of city living that many cities are hoping to cut down on.
Pedestrian injuries are almost exclusively resolved as a personal injury action. In these cases, the court looks at the nature of the accident -- was it the driver's negligence, the pedestrian's carelessness, or both that ultimately led to the collision. In the end, pedestrians and drivers are legally required to follow traffic laws, and the failure to do some can have deadly consequences.
Related Resources:
- Dead Man Walking (Good)
- Pedestrian Accidents - Overview (FindLaw)
- Pedestrian Safety: Cities, States Walking the Walk (FindLaw's Injured)
- Auto Accident Injuries and Compensation (provided by Jacquart & Lowe, S.C.)
- What to Do If You are in a Car Accident (provided by D'Amato Law Firm, P.C.)
Mariner Energy Oil Rig Explosion in Gulf
Mariner Energy Oil Rig Explosion in Gulf
In the words of the immortal Yogi Berra, "it's like deja vu all over again." Without any undue levity, in an all too familiar scene, an oil rig is reported to have exploded in the Gulf of Mexico. Unlike the BP disaster where 11 workers were killed, all 13 men on the rig have been accounted for. The platform is south of Vermilion Bay, about 100 miles off the Louisiana coast, west of the site of BP's well.
A helicopter flying over the oil platform site spotted the explosion on the morning of September 2, according to the Miami Herald. The workers were in the water, but recovered by a offshore service vessel, the Crystal Clear, a Coast Guard Commander told the Herald. Only one person was injured, but all were sent to Terrebonne General Medical Center in Houma to be examined.
The platform which exploded is known as the Vermilion Oil Platform 380 and is owned by Mariner Energy of Houston, Tx. Melissa Schwartz, spokeswoman for the Bureau of Energy Management Regulation and Enforcement told the Herald the platform was authorized to produce oil and gas at the current water depth, but recently had not been in active production. The platform is in about 340 feet of water.
This past April, plans to purchase Mariner Energy were announced by Apache Corp, another independent petroleum company.
According to Forbes, the Coast Guard has said the fire on the rig was still burning as of early afternoon, but was under control. The Vermilion well does not appear it would supply anywhere near the volume of oil of the BP well. In a filing made last year, Mariner Energy said it expected Vermillion 380 to produce up to 4,000 barrels of oil a per day.
News of this explosion comes just as BP is attempting to remove the cap that ended its three-month oil spill in the Gulf. The Associated Press reports the next step will be to raise a massive, failed piece of equipment and prepare a final seal on the broken well. Work continues too on finding compensation for the many people harmed by the spill.
Related Resources:
- Oil platform explosion reported in Gulf of Mexico (CNN)
- Crude Oil Increases After Blast on Gulf of Mexico Platform (Bloomberg BusinessWeek)
- Oil Spill Related Resources (FindLaw)
- BP Compensation Fund Opens Today (Findlaw's Injured)
- Admiralty Law / Jones Act: Maintenance & Cure (provided by Beard, Stacey & Jacobsen, L.L.P.)
- Workers Comp FAQ (provided by Krasno Krasno & Onwudinjo)
Study: Digital Billboards Safe for Drivers
Study: Digital Billboards Safe for Drivers
Digital or analog? A recent study says that it does not matter which format a billboard takes when it comes to driving accidents. The eight year study, commissioned by the Foundation for Outdoor Advertising Research and Education, looked at the frequency of traffic accidents at various billboard locations throughout Reading, Pennsylvania to conclude that there is no greater chance for an accident when looking at print or digital billboards.
The Car Connection reports on the study: "The overall conclusion of the study is that digital billboards in the greater Reading area have no statistically significant relationship with the occurrence of accidents. The Reading data matches data from Cleveland, Rochester, and Albuquerque, and all says the same thing: digital billboards are safe." The concern was based on the same features that make digital billboards appealing-- the increased sensory experience was also an increased distraction to drivers.
The conclusion is a welcome one for those proponents of digital billboards, which are said to be environmentally cleaner, and make outdoor advertising more affordable than their analog counterparts. Since their inception, digital billboards have been a popular form of advertising employed by business, and even the FBI. Featuring a brightly-lit visual display rather than static print, fans of the technologically-enhanced form of advertising are hoping that the study will encourage more cities to make the switch, or lift the ban placed on this form of advertising by some cities concerned by the potential for driving distractions.
Currently there are close to 450,000 digital billboards across the country. Whether catching criminals or increasing customers, the presence of a digital billboard is no more distracting than a print advertisement, at least if you are a Pennsylvania driver. Looks like we are back to blaming drivers for accidents.
Related Resources:
- Engineer: Digital Billboards Not Linked to Accidents (Outdoor Advertising Association of America)
- FBI Uses Digital Billboards to Help Stop Crime (FindLaw's Blotter)
- Must Public Subway Trains that Feature Advertising Carry Anti-Abortion Ads? What the First Amendment Has to Say (FindLaw's Writ)
- Auto Accidents Overview (provided by Warren & Kallianos - Injury Lawyers)
- Auto Accident Injuries and Compensation (provided by Leonard B. Gabbay, P.C.)
Study: Child Sports Concussion Rates Rising
Study: Child Sports Concussion Rates Rising
According to a new study, the number of children arriving in the ER seeking medical attention for a sports concussion more than doubled between 2001 and 2005. Findings released in the journal Pediatrics have traced not only the growing numbers of concussions in middle-schoolers and elementary school age children, but new evidence relating to the effects of concussion on younger children.
A report by the Los Angeles Times says that the rise in sports injuries to younger children may be due in part to an increase in participation in "elite travel teams and in competitive youth leagues" across the country. Nearly half of the sports concussion pediatric patients seen in ERs were between the ages of 8-13, the study found.
Researchers found that despite the general decline in participation in organized sports during 2001-2005, still nearly half the visits by children and teenagers to the ER were due to sports-related concussions. Additionally, according to UCLA pediatric neurologist Christopher Giza, who wasn't involved in the study, the number of actual concussion cases is thought to be much higher, because the study did not include those children with concussions who were brought to their regular physician by parents, or who did not receive any treatment at all.
The Times reports that the American Academy of Pediatrics has published a new clinical report discussing what is currently known about concussion care in children and teens. This report points up the increasing evidence that not only are the brains of younger children more susceptible to injury, but those injuries may take longer to heal and can be more damaging than concussions in older adolescents or adults.
The study encourages parents, doctors and coaches to set better guidelines for recognizing brain trauma in younger children and to get away from the past practice of allowing kids to "tough it out." In 2009, Washington state passed the Zackery Lystedt Law, which requires a youth showing any signs of a concussion get the approval of a medical professional before being allowed to play again. Several other states, including Oregon, New Mexico and Virginia have followed suit.
Related Resources:
- Child Concussions on the Rise, Studies Show (CBS News)
- Brain Injury - Overview (FindLaw)
- Brain Injuries: New Research on Treatment and Long-Term Effects on Kids (FindLaw's Injured)
- About Concussions: New Findings & Information (Children's Hospital & Research Center Oakland)
- Causes and Effects of Brain Injuries (provided by The McClellan Law Firm)
- Personal Injury Information Center (provided by Law Firm of M. Paul Fischer, P.C.)
Arizona Storm Causes 69 Car Crash
Arizona Storm Causes 69 Car Crash
A surprise Arizona storm caused a 69 car crash on a highway near Downtown Phoenix this past Saturday. Believed to be one of the biggest multi-car pile ups in recent Phoenix history, the sizeable crash sent seven people to the hospital, according the MSNBC.
Department of Public Safety spokesman Bob Bailey describes the chaotic scene, "The storm hit hard, hit fast, and caught a lot of drivers by surprise. The collisions began in the far right side of the roadway near the 7th street exit ramp and this thing kind of perpetuated itself, enveloping the whole roadway." Luckily none of the injuries were reported as life-threatening. The interstate was closed for roughly 3 hours, as over 100 firemen worked to clear cars, and provide alternate transportation and assistance for all the parties involved.
Multi-car accidents are most common on freeways. Not surprisingly, the fast speeds and close driving proximity create the perfect storm for everyday driving accidents. With the addition of slippery road conditions and limited visibility caused by a storm, the potential for an accident increases exponentially as drivers do not make the necessary accommodations for the increased driving dangers.
So who's to blame for the damage? The Arizona car crash was essentially a series of never-ending rear end collisions. Generally speaking, the party that gets hit from behind is typically not at fault for the accident, and can collect damages. Multi-car collisions are an exception to this rule, as the determination of liability can get quite complicated. The Arizona car crash is a perfect example of just how difficult determining fault can be, as no one car was the sole cause of the crashes. Comparative negligence, the legal theory that establishes fault based on the degree of negligence each party is determined to have acted with, is often employed by courts for complicated car crashes. In this instance, mother nature may have been to blame, but unfortunately she does not carry insurance.
Related Resources:
- 69 Vehicles Pile Up in Monsoon Storm (National Ledger)
- Car Accidents: Proving Fault (FindLaw)
- What is Comparative Negligence? (FindLaw's Injured)
- Motor Vehicle Accident Information Center (provided by Leopold & Associates, L.L.C.)
- Vehicle Accident Resources (provided by Steven M. Cooper, Chartered)
What is A Contingency Fee?
What is A Contingency Fee?
Contingency what? In addition to nearly impossible legal jargon, procedural issues, and procedural hoops, the various payment structures for an attorney is one more aspect that serves to confuse a layperson in trying to successfully maneuver through a legal issue. A contingency fee is the most common fee structure used in personal injury actions, but not necessarily the easiest to understand.
Flat fees, referral fees, consultation fees, statutory fees. The type of fee agreement you enter into with your attorney can have an impact on your recovery. So here is a little contingency fee breakdown. When compensating your attorney based on a contingency fee, their paycheck is contingent on you winning your case. Victory or defeat, the attorney typically will collect some expenses, but the contingency fee will be based on a previously agreed percentage of the recovery.
One-third is a common percentage, although some courts will place a cap on the amount of money an attorney can recover under this payment structure. The nature of a personal injury lawsuit lends itself nicely to this type of compensation in that clients who would not normally be able to afford a lawyer are able to get representation (and hopefully recover). It also works out nicely for attorneys who may see their fees soar for certain personal injury cases with big payouts.
Of course, there are some types of cases where this type of agreement is inappropriate. Divorce is one type of legal proceeding where courts are not necessarily trying to promote the dissolution of a marriage by allowing the lawyer to get a big payout for a large settlement. A contingency fee arrangement is also not available for most matters concerning general legal advice, or when an individual is getting sued.
No two fee agreements are exactly alike. And the sea of numbers and legalese is no excuse for not taking the time to understand the terms of the contingency fee agreement. One important clause to look at is when the lawyer is collecting his fee -- deducting trial costs and expenses before or after collecting a fee can have an impact on the amount that you recover. The best approach is to ask. If you do not understand a term or the nature of the fee, ask the lawyer to explain it to you.
Related Resources:
- Meeting With an Attorney (FindLaw)
- Attorney Fee Agreements (FindLaw)
- Types of Legal Fees (FindLaw)
- Personal Injury FAQs (provided by Bernard & Stuczynski)
- Personal Injury Newsletter (provided by Gorovitz, Borten, & Lang, P.C.)
15 Injured in JetBlue Flight 'Hard Landing'
A JetBlue flight survived a hard landing at the Sacramento, California airport on Thursday, August 26. The plane, an Airbus A320, blew at least two of its tires when it landed at just after 1 p.m. (PST) coming in from Long Beach. Fifteen passengers were injured and many had to exit the aircraft via the emergency slides.
Witnesses looking out the window at the airport were surprised to see the passengers standing around the plane as fire trucks arrived, according to the report by the Associated Press. The wheels had caught fire during the landing, causing the tires to blow out. An AP report for CBS News quoted a passenger. "We were then told to start evacuating very abruptly, you know 'Get out! Get out! Get out!'" said the passenger, who identified himself as Elvis. "I looked back under the plane, and it was on fire, and all four tires were out."
The injuries to the 15 passengers who were hurt have been reported as minor. The AP/CBS report says an "incident command center" has been arranged for the passengers.
According to a report by the local ABC News station, News 10, it will take hours before the National Transportation Safety Board (NTSB) investigators have had the chance to check the plane before it is moved from the runway and the runway is cleaned and open to use by other flights.
The NTSB is an independent federal agency charged with investigating every civil aviation accident in the United States, even relatively minor accidents such as this one. The NTSB's jurisdiction additionally covers trains and other vehicle accidents. The Board is also responsible for issuing safety recommendations aimed at preventing future accidents, maintaining a government database on civil aviation accidents and conducting studies of transportation safety issues of national significance. One example of a recent investigation of the Board, was that into code sharing, reviewed in connection with the investigation over the crash of Continental Connection flight 3407 in 2009.
For now, the passengers of the Jet Blue flight are concentrating on completing their trips. The AP writes that any family and friends of the passengers who would like to contact JetBlue with questions can do so by calling 1-800-JetBlue.
Related Resources:
- 15 injured in hard landing at Sacramento airport (AP, Mercury News)
- Product Liability and Aviation Accidents (FindLaw)
- Aviation Accident -- Plaintiff (FindLaw)
- 2 Settle in Continental Flight 3407 Crash (FindLaw's Injured)
- Personal Injury FAQ (provided by Herrling Clark Law Firm Ltd.)
- Personal Injury Overview (provided by Gay Chacker & Mittin, P.C.)
