Personal Injury News: Pick Of Last Month: Feb-2024
Dallas Council Approves $2.5M for Deceased's Family
The Dallas City Council has awarded a $2.5 million partial settlement for the family of an individual who died in police custody in Dallas in 2016.
This decision follows a jury's determination, about five months ago, that three of the four officers who responded that night had violated the victim's constitutional rights, with two of these officers being shielded by qualified immunity, as per court records. While the victim's son received $1 million in damages, no damages were granted to his parents or estate, as outlined in court documents.
Subsequent to the civil trial, the victim's family sought a new trial for damages, prompting settlement negotiations. The allocation of the $2.5 million partial settlement remains unclear.
The victim, aged 32, passed away in 2016 after calling 911 and reporting his schizophrenic condition and being off medication. Bodycam footage from the police response that night depicted the victim handcuffed and face-down with officers restraining him for approximately 14 minutes. He subsequently lost consciousness and died later that night.
The family's allegations include excessive use of force and bystander liability, according to court records. An autopsy report revealed the cause of death as the toxic effects of cocaine and physiological stress associated with physical restraint.
The City of Dallas issued a statement to WFAA regarding the council's vote, stating, "On behalf of the police officer defendants in the litigation involving the death of the victim, the city reached a settlement with three of the four plaintiffs, including the victim's minor son, which the city council approved on February 28, 2024. This settlement allows the jury’s verdict to be fulfilled, and the litigation to be finally concluded as to these plaintiffs."
SF OKs $9M Settlement; 4 Sue for Cyclist Injury
The San Francisco Board of Supervisors has given the green light to a $9 million settlement for a cyclist who suffered severe injuries due to an unmarked bump after a road repair.
The incident occurred on Clay Street, designated as a Slow Street for cyclists and pedestrians, shortly after the conclusion of the Outside Lands music festival in Golden Gate Park in August 2022. The cyclist, a project manager for the robotaxi firm Cruise, crashed into an unmarked bump left by a road crew, resulting in life-altering permanent injuries.
The city faces additional legal challenges, as several others have filed a lawsuit for injuries sustained on the same bump. The lawsuit reveals a troubling narrative of negligence and delayed action that potentially could have prevented the accidents.
The victim's lawsuit highlights that the hazardous bump was not properly marked by the road crew, leading to the cyclist's crash and head injury. Disturbingly, it is revealed that the city had received multiple warnings about the danger posed by the unmarked bump, particularly for cyclists and scooter riders. Despite these alerts, the city failed to take timely action to address the hazard.
A concerned neighbor recounted witnessing ambulances outside during the night, unaware of the accidents happening outside. The unmarked bump, a result of repairs on a leaking water pipe by the Water Department, became a perilous spot for cyclists and scooter riders.
Numerous reports were made to 311, the city's non-emergency hotline, urging officials to address the unmarked hazard. However, these calls went unanswered, and no corrective measures were taken for days.
The negligence timeline reveals critical points:
- August 1, 2022: The Water Department repaired a leak and left a long, temporary patch on the pavement.
- August 3: At least four neighbors called 311 to report accidents involving people on scooters and bikes. On the same day, a woman on a scooter suffered significant injuries, including lacerations and injuries to her knee and shoulder.
- August 5: A man on a bike hit the unmarked bump, resulting in a broken elbow requiring surgery.
- August 6: Another cyclist suffered a broken elbow due to the hazardous condition.
Shockingly, it took until August 11 for the city crew to permanently repave the area, marking a significant lapse that caused permanent damage to several individuals. The $9 million settlement for the injured cyclist is emblematic of the city's accountability for neglecting the safety warnings and failing to address a known hazard promptly. The legal actions and settlement underscore the profound impact of administrative lapses on individuals' lives and well-being.
Jury awards $13.5M in DC FEMS Fatality
A D.C. jury has delivered a verdict in a wrongful death case involving a 31-year-old man killed in March 2018 after a District of Columbia Fire and Emergency Medical Services Department (DC FEMS) fire truck collided with his car at the intersection of 12th and Rhode Island Northeast while responding to a call.
In the absence of an appeal, the man's family is set to receive a $13.5 million settlement. The widow expressed the ongoing pain of losing her husband, emphasizing that the memories never fade. A tattoo on her arm serves as a constant reminder of his unwavering commitment to her and their six children.
The tragic day is etched in her memory, as she, a traffic control officer for D.C.'s Department of Transportation, responded to the crash scene, only to discover that the mangled car belonged to her beloved. Six years since the incident, she expressed relief at the jury's verdict.
The family's attorney highlighted the substantial nature of fire trucks as "tanks on wheels," emphasizing that while they aim to reach a scene quickly and save lives, they paradoxically create additional emergencies if involved in crashes. In court, the attorney argued that the fire truck was exceeding the speed limit and ran a red light while responding to the call. Unfortunately, dash cam footage from the fire truck was unavailable.
The attorney provided a chilling account, stating the fire truck was traveling at 55 miles per hour, running a red light, resulting in a catastrophic collision. The attorney acknowledged the grim reality that the victim died instantly, but underscored the importance of holding responsible those who violate rules and regulations.
He emphasized that accountability is crucial, given the history of emergency vehicles not being held to the same standards. Despite the tragedy, he insisted that society owes an obligation to the man's family to provide the best possible care for them as they navigate forward with their lives.
While the city retains the option to appeal the verdict, a decision on this matter is pending. D.C. fire officials, unable to discuss ongoing litigation, revealed that the driver involved in the fatal crash continues to be associated with the agency but no longer operates emergency vehicles.
A spokesperson for the fire officials shed light on changes in policy following the incident, noting that prior to the fatal crash, only a few emergency vehicle drivers underwent national training on handling such situations. Presently, all DC FEMS emergency vehicle drivers are mandated to complete this course.
Regarding protocols at intersections, the spokesperson clarified that all emergency response vehicles are required to stop at controlled intersections before proceeding through. The tragic incident has prompted a reevaluation of training procedures and safety measures within the DC FEMS, emphasizing the need for accountability and adherence to established rules to prevent such devastating events in the future.
Judge Reduces St. Paul Police Shooting Award By Two-thirds
A judge has significantly reduced the $11.5 million judgment awarded to the mother of a man fatally shot by St. Paul police in 2017.
The federal jury found a St. Paul Police officer civilly liable for the shooting death, while a second officer involved was not held liable. Initially, jurors awarded the victim's mother $1.5 million in punitive damages and $10 million in compensatory damages. Following a city challenge, the judge reduced the compensatory award to $2.5 million. The latest decision noted that although the man was a caring family member, he didn't provide financial support, and his mother's attorneys presented "meager evidence" of quantifiable monetary loss.
The judge gave the woman until March 1 to decide whether to accept the reduced amount or request a new trial on compensatory damages. The mother expressed her dismay, stating, "No amount of money will ever replace my son, but it shocks my conscience that the judge thinks that the life of a 29-year-old black man is only worth $2.5 million despite that jury finding otherwise."
The incident occurred on March 15, 2017, when police responded to a 911 call reporting a woman screaming in an apartment in the Dayton’s Bluff neighborhood. The victim, later identified, had fired shots inside the home during a mental health crisis. The officers claimed they opened fire when he pointed a gun at them, while the woman asserted that her son had discarded the weapon and posed no threat.
Surveillance footage from before police began wearing body cameras showed the man holding a gun, but there was no visual evidence of his actions when officers shot him. The jury in 2017 decided not to charge the officers, stating the man ignored orders and pointed his pistol at police, also noting drugs, including "bath salts," in his system.
In December, the St. Paul City Council approved a $380,000 settlement with the victim's girlfriend, who alleged unlawful detention in a lawsuit. The council also discussed a $210,000 settlement with another witness claiming unconstitutional detention.
The mother's emotional statement expressed frustration with the judicial process, emphasizing the difficulty of reliving her son's death. The judge's decision to reduce the compensatory award raises concerns about the perceived value of a Black man's life, contrasting with the jury's initial findings. The ongoing legal battles underscore the complexities surrounding police shootings and the quest for justice in such cases.
N.J. County Settles for $1.5M in 12-year-old's Tragic Death
Bergen County has agreed to a $1.5 million settlement with the family of a 12-year-old boy fatally struck by a sheriff’s officer while crossing Route 208 in 2019.
The incident occurred as the boy, his brother, and two other children attempted to cross the busy highway at approximately 9 p.m. The settlement follows a wrongful death lawsuit against the Bergen County Sheriff’s Office, alleging the officer drove "in an inattentive, careless, reckless, and negligent manner."
The Attorney General’s Office investigated the crash, revealing that the officer, on patrol without responding to an emergency, hit the victim while the children were crossing the divided highway. A grand jury in 2021 cleared the officer of criminal wrongdoing, determining the children had crossed the northbound lanes successfully but the victim was struck in the southbound lane.
Despite the officer stopping, activating emergency lights, notifying dispatch, and attempting to aid the boy, the tragedy resulted in the child's death at the scene. Legal filings by Bergen County and the police denied wrongdoing, characterizing it as a "tragic death" in a traffic accident.
The accused officer, with 14 years in law enforcement, subsequently left the sheriff’s office on a disability pension linked to the incident, according to Police and Firemen’s Retirement System records.
Bergen County commissioners approved the settlement on December 13, as seen in a video recording of their meeting, bringing resolution to the lawsuit which was dismissed the following month. The settlement, while providing financial compensation, does not imply an admission of guilt, maintaining the county's stance that the incident was a tragic accident rather than a result of negligence.
Target, Hoverboard Maker Settle for $38.5M in Fatal Fire
Target and hoverboard maker Jetson Electric Bikes have agreed to a $38.5 million settlement following a lawsuit alleging that a Jetson Rogue Hoverboard sold by Target caused a fatal house fire in Pennsylvania.
The federal lawsuit, filed in September 2022, claimed that both Target and Jetson were aware of fire risks associated with the hoverboard.
The parents of two girls, ages 10 and 15, who died in the tragic fire, asserted that Target and Jetson were aware that the hoverboard could spontaneously ignite, leading to fires, catastrophic injuries, and death. Despite this knowledge, the companies allegedly marketed and sold the product as safe for "everyday adventures" without adequately warning consumers.
The father purchased the hoverboard as a Christmas gift for one of his daughters at a Target store in Quakerstown. According to the complaint, on April 1, 2022, the hoverboard short-circuited while charging, resulting in a fire that quickly engulfed their Hellertown home. Despite firefighters rescuing the children from the second floor, both suffered smoke inhalation and tragically died in the hospital. The family's home and belongings were completely destroyed.
The local fire marshal attributed the fire to the hoverboard, and a 2023 report from the Consumer Product Safety Commission identified a Jetson Rogue as the fire's point of origin, although the exact cause remained undetermined. In March 2023, Jetson issued a recall for 53,000 scooters due to concerns that their lithium-ion battery packs could overheat and cause fires.
The parents filed the lawsuit under wrongful death and survival acts, alleging strict product liability, failure to warn, negligence, breach of implied warranty, and violations of the state's consumer protection law, among other claims. They sought damages for pain and suffering, emotional distress, and the loss of their daughters' future earnings and life's pleasures.
The $38.5 million settlement includes a 40% contingent fee for the family's law firm, Kline & Specter, and approximately $311,000 for additional legal costs and medical liens. Out of the settlement amount, around $22 million will be allocated to the estates of the children and their parents.
The Jetson Rogue Hoverboards were sold at Target stores nationwide and online from August 2018 through June 2019, as well as by Jetson online from January 2019 through November 2021, with prices ranging between $100 and $150.
$3M Jury Award in NJ for Medical Negligence
A jury at Camden County Superior Court has awarded $3 million to the family of a 54-year-old woman who, as a dedicated social services agency client benefits specialist-advocate, tragically succumbed to necrotizing fasciitis on March 3, 2017.
The preventable, in-hospital death was attributed largely to the failure of multiple medical personnel to promptly address her condition. Initially visiting the hospital's ER on February 28, 2017, she received treatment, including a muscle relaxant injection, before being released.
However, she returned on March 2nd with left arm pain and concerning physical changes, indicating the onset of necrotizing fasciitis. Allegedly in distress and requiring immediate surgery, she faced delays, witnessing a visible deterioration in her condition. Despite eventually undergoing surgery, she suffered a heart attack, fell into a coma, and passed away the following day.
The verdict, delivered after a two-month trial and over two days of jury deliberations, highlighted the woman's dedication to public service and the failure of entrusted medical professionals to act swiftly. Attorneys expressed, "Tragically, when her life was on the line, the medical professionals entrusted with her care failed to swiftly act—by immediately performing life-saving surgery—and as a result, she died in what we demonstrated to the jury was a potentially preventable death."
The outcome serves as a poignant reminder of the critical importance of timely and appropriate medical intervention in cases of life-threatening conditions.
Baltimore Jury Awards $1.5M in Nursing Home Bedsore Case
A Baltimore City jury has awarded $1.5 million in damages in a negligence and medical malpractice lawsuit related to the death of a resident in a local nursing home.
The verdict, issued by the Baltimore City Circuit Court, pertains to the estate's claim against Autumn Lake Healthcare at Alice Manor. The lawsuit alleges that the nursing home's negligence in care and treatment led to the injuries and subsequent death of the resident.
The complaint states that the man passed away in May 2021 due to a bone infection at the base of his spine, stemming from pressure wounds. These wounds reportedly developed because the nursing home staff failed to properly turn and reposition him, leading to the development of a stage 4 pressure ulcer. The lawsuit contends that Autumn Lake Healthcare at Alice Manor was understaffed and inadequately staffed, emphasizing the facility's alleged prioritization of profit over resident well-being.
Apart from staffing issues, the complaint outlines various instances of alleged negligence, including the staff's failure to address the man's wounds, recognize his high pressure wound risk, and implement necessary safety precautions. The lawsuit claims that these practices hindered the facility's ability to provide effective healthcare and maintain the resident's well-being.
Autumn Lake Healthcare at Alice Manor denied all allegations, attributing the deceased's underlying health conditions to his pressure ulcer and subsequent death. Counsel for the nursing home did not immediately respond to requests for comment.
The victim had been admitted to Autumn Lake Healthcare at Alice Manor in January 2019, with limited mobility making him susceptible to pressure wounds if not properly turned and repositioned. The plaintiff's counsel expressed relief at the jury's verdict, emphasizing the value of the lives of older individuals and the significance of each remaining moment. She criticized the nursing home's failure to turn and reposition the man as "egregious," asserting that a stage 4 bed sore could not result from a single missed turn but rather indicated prolonged neglect.
During closing arguments, the counsel urged the jury to deliver justice for the deceased, stating that the nursing home had attempted to shape the final chapter of the man's life, but the community and the jury had the opportunity to rewrite it through their verdict. The jury's decision was seen as an act of providing true justice for the deceased individual.
Jury Awards $2.3M to Neglected Marathon Octogenarian
A Beverly Grove nursing home is required to pay over $2.3 million to an 84-year-old woman, a marathon enthusiast, who suffered abuse and neglect, resulting in permanent injuries during her stay at Country Villa Wilshire Healthcare Center after hip surgery in 2020.
Despite her impressive history of completing 27 Los Angeles Marathons, her time at the facility led to a distressing ordeal, marked by ten falls causing a fractured and dislocated shoulder, along with a fractured pelvis, resulting in severe pain and lasting shoulder damage.
The lawsuit, represented by a law firm, highlighted the facility's shortcomings, including the woman's call light being out of reach and her phone being unplugged, exacerbating the situation due to the facility's understaffing issues. The jury concluded that the woman's rights were violated 132 times, resulting in a verdict exceeding $2.34 million, covering medical expenses, pain and suffering, and damages.
The jury also implicated Country Villa's joint ventures with Rockport Administrative Services, LLC, and Boardwalk West Financial Services, LLC, identifying them, along with Shlomo Rechnitz, as alter-egos of Country Villa, connecting them to the abuse and neglect.
The plaintiff's lawyer commended the jury's decision, emphasizing their commitment to safeguarding the rights of the elderly. The verdict, seen as a message against tolerating neglect and abuse, holds facilities and their parent corporations accountable for their actions.
The lawyer stated, "This verdict… sends a clear message that neglect and abuse will not be tolerated and that facilities, as well as their parent corporations, will be held accountable for their actions."
$10M Jury Award for Wrongfully Convicted Murder Suspect
A Detroit-area man, wrongfully imprisoned for nearly six years in the killing of a 15-year-old girl, has been awarded $10 million by a federal court jury.
The conviction was overturned at the prosecutors' request, revealing a violation of the man's constitutional rights by a Detroit police detective who concealed crucial evidence related to the fatal shooting.
The jury's verdict, delivered in federal court, is seen as a means to restore the man's dignity and assist in his recovery from the traumatic experience of being wrongly convicted. The attorney emphasized that the police possessed vital information pointing to a different suspect, information not disclosed during the man's 2013 trial in Wayne County court.
According to the attorney, the undisclosed details indicated that the 2012 fatal shooting of the girl, along with injuries to two others, was likely orchestrated by a heroin dealer aggrieved over drug thefts. The failure to share this information was deemed "egregious" by U.S. District Judge during earlier stages of the litigation. The detective, despite denying wrongdoing, was revealed through the prosecutor's office investigation to have feared for his family's safety in Texas and Mexico if the drug dealer discovered his murder investigation involvement.
In 2019, the prosecutor agreed to a "full and complete exoneration" of the accused man, leading to his release from a life prison sentence. The jury's award seeks to address the profound injustice suffered by the wrongly convicted man.
James River Church to Pay $22.5M for Ozark Crash
A Christian County jury has ordered James River Church to pay $22.5 million in damages following the 2019 injury of man on its Ozark campus.
A student at James River College, was reportedly hit by a car while walking at night along a public access road near the church. He and his attorney, Kansas City-based, argued that the church — which police said owned the roadway — was negligent in not providing a sidewalk or adequate lighting.
The lawsuit stated that the victim, who was 19 at the time of incident, suffered "serious, permanent and progressive physical bodily injuries to his brain, head, lungs, sternum, right tibia and right heel."
After a seven-day trial overseen by the judge, a panel of jurors deliberated for about three hours before coming to a verdict on Jan. 31, court records indicate.
The jury determined that James River was 85% responsible for the injury and the boy was 15% at fault. He was awarded $19.25 million, according to court records, which note he also settled for $100,000 in another civil suit against the 18-year-old female driver whose vehicle hit him.
According to police, the victim and another student were walking back from the church to their nearby Embassy Apartments at 9:50 p.m. when they were struck by a 2003 Chrysler Town and Country Minivan. Both the boys were injured, but the boy's injuries appeared to be more serious.
James River had a policy that allowed female students to drive from the church to the Embassy Apartments, according to the church, but male students were required to walk because of the limited parking outside the apartments. The victim's attorney told that the church ended that policy following the crash and that it added lighting and a sidewalk.
Indiana Jury Awards $11M+ in Leg Amputation Case
An Indiana jury has granted over $11 million to a Michigan couple who accused a doctor of negligence in failing to diagnose a critical limb ischemia, resulting in the amputation of the man's leg.
The civil suit claimed that the doctor's failure to diagnose the condition in January 2015 led to delayed treatment, ultimately necessitating an above-the-knee amputation. Critical limb ischemia involves artery blockage in the lower extremities.
The defendants, including Shoemaker, Elkhart General Hospital, and Elkhart Emergency Physicians Inc., refuted the allegations. Despite Elkhart Emergency Physicians Inc. asserting that the state Medical Review Panel found they met the appropriate standard of care, the jury ruled against them after a five-day trial. The verdict awarded $6.2 million to the victim and $5 million to his wife.
The 72-year-old victim, employed at the time of amputation, had to cease working and adopt a more sedentary lifestyle, as detailed in the Cassopolis, Michigan couple's lawsuit.
Jury Awards $6.1M in Rikers Botched Surgery Death
In a historic verdict, a Bronx jury has granted a record $6.1 million to the family of a man who died following a mishandled heart surgery while incarcerated at Rikers Island under the Department of Correction's custody.
The three-week trial in Bronx Supreme Civil Court culminated in the largest medical malpractice judgment leading to wrongful death against Correction Health Services, a division of NYC Health + Hospitals.
The family's attorney revealed that the city declined settlement, compelling the family to pursue trial. The man passed away two days after a compassionate release in 2017, following a botched heart surgery while under the care of Correctional Health Services at Bellevue Hospital.
Originally held on Rikers Island on drug charges, later dismissed, the man faced complications, including the need for leg amputation due to necrosis resulting from the flawed heart surgery. This surgery also led to a pierced esophagus, systemic failures, and cardiac arrest when he slipped off the operating table mid-surgery onto an emergency room floor, with his heart stopping for over eight minutes.
The family's lawyer, citing medical records, highlighted that although ER surgeons revived him, instructions for an MRI scan on his heart were ignored. Despite the defense's numerous experts, including the victim's "interdisciplinary medical team," arguing his ambulatory state, feeding, and bathing himself, the jury sided with the family.
A juror expressed skepticism towards defense expert testimony, emphasizing the importance of moral judgment. He questioned the defense's attempt to downplay the mistakes, stating, "You can't tell me that neglecting to perform the MRI on his heart as was instructed and allowing him to 'slip' off the operating table are normal medical protocols."
However, the victim's son expressed dissatisfaction with the outcome, citing the lack of explanation about his father's condition and alleging a cover-up of details contributing to his death, including the denial of diabetes medication while at Rikers. The defense's portrayal of the victim's alleged mobility and self-sufficiency in the hospital was contradicted by the family's account of Bellevue prison ward protocols, where the man was reportedly handcuffed to his bed until two days before his death.
The case underscores the complexities and discrepancies in the healthcare provided within correctional facilities, shedding light on systemic issues and the pursuit of justice for those wronged while in custody.