A Comair flight carrying 50 people crashed a mile from Lexington's airport Sunday morning. The Federal Aviation Administration reported that 49 of the 50 on the plane were killed. Aviation injuries and deaths are frequently caused by human error. In this case, a plane was on the wrong runway. Sometimes human error can be attributed to the airlines. Other times it can be attributed to...
Two soft drink companies have stopped using ingredients that can form cancer-causing benzene, according to a proposed lawsuit settlement. Parents sued Atlanta-based In Zone Brands Inc., maker of BellyWashers, and Preston, Washington-based TalkingRain Beverage Co., over drinks containing benzene, which is linked to leukemia. If you are aware of injuries or death resulting from unsafe food or...
The U. S. Court of Appeals for the District of Columbia has issued an opinion in Murphy v. IRS, holding that the tax code provisions imposing income tax on damages for emotional distress are unconstitutional because the damages do not constitute "income" within the meaning of the 16th Amendment.
Out of prison, Victor David wants to reunite with the wife he abused. Victor David has long insisted he isn't the "monster" behind what some have called the most egregious case of spousal abuse in state history. He proclaimed his innocence nine years ago after medics pulled his emaciated, battered wife, Linda, from the cramped and dirty sailboat where authorities say she was kept as a...
A teenager who told authorities that retired Tacoma police officer Lee Giles Jr. and his girlfriend raped him for years is filing a $15 million claim against the City of Tacoma, his lawyer said Wednesday. Russell Van Camp, a Spokane lawyer representing the teen, said he mailed the claim to the city Wednesday. It contends the Tacoma Police Department was responsible for years of abuse the teen...
A King County nursing assistant is on the run after being charged with second-degree rape. Lamin Darboe, a 39-year-old nursing assistant, was working at Kindred Hospital in Seattle. He is accused of taking advantage of a stroke victim who is paralyzed and cannot speak. Not only does the the stroke victim have claims against Mr. Darboe, it also has claims against his employer for, e.g., negligent...
In 2002, a Miami jury awarded a 78-year-old woman $21,000,000.00. The woman had been previously injured in an automobile accident. The key evidence: The at fault driver's cell phone records. The studies indicate that driving while speaking on a hand held cell phone is more dangerous than consuming enough alcohol to exceed many state's legal limits before getting in an automobile. The key to...
The terrorist attacks of 9/11 affected our nation as a whole. Part of that affect was felt in personal injury litigation. Following 9/11 jury verdicts dropped precipitously.As a result of declining jury verdicts, insurance companies began offering less money to settle personal injury claims. There is a direct relationship between their perceived risk at trial and the amount offered at...
As motorcycle makers report record sales 14 years in a row, the industry and the government are looking to curb a rising number of injuries and deaths. They are encouraging motorcyclists to ride sober, wear protective gear such as helmets, take training courses and get licensed. Motorcycle accidents almost always result in broken bones or more serious injuries. If you have been invovled in a...
Recreational facilities - including ski resorts - the attempt to limit their liability for injuries. For instance, they frequently utilize disclaimers. Disclaimers are usually included in fine print on their tickets. This fine print typically says the facility will not be liable for an injury suffered by a patron.Many courts, however, have held that these limitations of liability are...
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