- Ben Glass | May 29, 2007 5:50 PM |
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MiscellaneousApparently the father of Josh Hancock, the baseball player who died recently while driving drunk (and not wearing a seatbelt and talking on the cell phone) has filed suit against a number of entities, including the driver of the car that had stalled on the road, the pickup truck that had stopped to assist that car and the bar where Hancock spent several hours allegedly drinking. I don't know...
- Ben Glass | May 29, 2007 1:08 PM |
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MiscellaneousAt least two times a month I get calls from potential clients who have been involved in serious automobile accidents but for whom I can be of no assistance. I spoke to a woman the other day who had been rear ended by a large SUV. She suffered a serious injury to her neck and faces the prospect of multiple surgeries and an inability to work at all in the future.The bad news is that despite the...
- Ben Glass | May 18, 2007 4:34 PM |
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Medical MalpracticeThe L.A. Times is reporting that three physicians in Orange County, California have been arrested for doing unnecessary surgery. This isn't like the other California horror described in Coronary: A True Story of Medicine Gone Awry (where unsuspecting victims were subjected to unnecessary heart surgery.)No, these "patients" were allegedly recruited to be patients! Apparently 17 have been arrested...
- Ben Glass | May 17, 2007 4:51 PM |
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Automobile AccidentsAccording to published reports, the claimant suffered from trauma-induced carpal tunnel syndrome to both hands following an automobile accident. Although she had not yet had surgery (she could not afford the operation) her orthopedist said that the operation was necessary to relieve her of the pain. Her medical bills to date total $14,000.00. The insurance company, in typical "low ball"...
- Ben Glass | May 16, 2007 4:56 PM |
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MiscellaneousNorfolk, Virginia and AAJ member Jeffrey Breit has filed a $10,000,000 lawsuit against the manufacturer of Fleet's bowel prep. The claimant claims Fleet's store bought solution interacted with her high blood pressure drugs she was taking, causing kidney failure.The lawsuit alleges that the manufacturer "had known for at least 12 years of the potential of the product to produce dehydration,...
- Ben Glass | May 16, 2007 4:47 PM |
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Automobile AccidentsAutomobile accident with no property damage and a three-year history of chiropractic care before the accident results in a verdict awarding less than the medical bills.An Alexandria Circuit Court jury has awarded $2,625.00 in a case in which the plaintiff claimed damages of almost $6,500.00. According to published reports, the insurance company had offered $5,000.00 to settle the case. Of...
- Ben Glass | May 15, 2007 4:36 PM |
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MiscellaneousA Rockingham County Circuit Court judge has ruled that even though an insurance claims adjuster and a plaintiff reached a verbal agreement by telephone to settle a case for $1,500.00, the cover letter from the insurance adjuster clearly contemplated that the settlement would only be final once the release was signed and the settlement check cashed. Therefore the claimant, who consulted with an...
- Ben Glass | May 11, 2007 4:11 PM |
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MiscellaneousAs a life long soccer player and soccer referee for over 30 years, this story saddens me deeply.Apparently another child has died from injuries sustained when a soccer goal tipped over. The death of a 10 year old Winchester, Virginia soccer player happened just a couple of days ago.The consumer product safety commission has long warned of the danger of soccer goals tipping over, yet even today...
- Ben Glass | May 11, 2007 6:59 AM |
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MiscellaneousThis is not the first time the judge suing the dry cleaners has been involved in litigation himself. In 2005, the Virginia Court of Appeals heard his appeal of his divorce case. On appeal he contended that the trial court had made a mistake in not awarding him spousal support.He also asked that the Court of Appeals reverse an order granting his wife attorney fees in the case. (Unlike most civil...
- Ben Glass | May 10, 2007 1:40 PM |
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MiscellaneousNHTSA, CPSCThe National Highway Traffic Safety Administration, the Consumer Product Safety Commission and Evenflo, the manufacturer of a popular child car seat, have recalled certain seat-carriers. Apparently, there have been almost 700 reports of handles on these seat carriers releasing unexpectedly , resulting in more than 150 injuries to children.The recall involves Evenflo Embraceâ„¢ Infant...
- Ben Glass | May 10, 2007 12:42 PM |
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MiscellaneousThe judge who is suing the dry cleaners for $65,000,000 is no longer hearing cases, according to Marc Fisher's column today in the Washington Post. Apparently his term has expired and he's up for reappointment. According to the Washington Post columnist, though, Roy Pearson's boss, the chief administrative law judge, Tyrone Butler had recommended approval of Pearson's application: Before the...
- Ben Glass | May 09, 2007 1:29 PM |
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MiscellaneousJon Haber, CEO of the American Association for Justice has written a letter to the District of Columbia Bar, asking that it open an investigation into Judge Roy Pearson, for his pursuit of the $65,000,000 dry cleaner lawsuit.We have previously commented on this lawsuit and posted some of actual pleadings. Jon Haber letter to District of Columbia Bar Association May 8, 2007 Mr. James...
- Ben Glass | May 08, 2007 3:37 PM |
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Medical MalpracticeEvery day its seems that there is another good article coming out that completely debunks the myth that there is an epidemic of medical malpractice claims and lawsuits. Hey doctors--I know you've been overcharged and gouged by the insurance companies. Time to stand up and tell them "show me the data."Sandra Boodman of the Washington Post has another good medical malpractice article today,...
- Ben Glass | May 07, 2007 9:41 AM |
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MiscellaneousIt's a large file but the parties joint pretrial statement in the $65,000,000 dry cleaners lawsuit is available by clicking on this link to the Parties' Joint Pretrial Statement in the $65,000,000 dry cleaners lawsuit in Washington, D.C. It's very interesting reading. Looks like the case is scheduled to be tried without a jury. This dry cleaners case has received national attention, most of it...
- Ben Glass | May 07, 2007 5:59 AM |
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MiscellaneousIn a recent case decided by the Fourth Circuit Court of Appeals Sun Life Assurance Company was ordered to pay benefits to a woman who suffered severe and chronic pain in her lower back, buttocks and legs.The court said that a long-term disability insurance company's decision to deny benefits must be rationally supportable which in turn requires that it be the "result of a deliberate, principled...
- Ben Glass | May 02, 2007 8:43 AM |
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MiscellaneousI know many are probably starting to read about the crazy lawyer (a judge, no less) who is suing a dry cleaners here in Washington, D.C. I've blogged about it (as have others) and it's starting to pick up some national momentum. Just wanted everyone to know that on the various lawyer listserves this guy is receiving universal condemnation! Since he is suing pro se, he's actually a good example...
- Ben Glass | May 02, 2007 6:03 AM |
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Medical MalpracticeThe District of Columbia Court of Appeals has thrown out a verdict that awarded nothing for pain and suffering for an elderly woman who fell and broke her hip at a nursing facility.According to the opinion the evidence at trial was that an elderly woman with dementia fell and broke her hip at the defendant's nursing facility. Medical records and the testimony of employees of the defendant...
- Ben Glass | May 01, 2007 5:53 AM |
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MiscellaneousThe Fourth Circuit Court of Appeals has answered a very important question for long-term disability claimants: When does the statute of limitations expire when you have been denied benefits.Sun Life Assurance Company of Canada contended that a claimant had failed to file her claim within the time limits set out in the contract. Sun Life's disability insurance policy, like most contained the...