Personal Injury News: Pick Of Last Month: September-2023

Woman Injured at IHOP in Sunrise Wins Over $8M Jury Award

A Broward County jury has issued a verdict compelling the franchisee of a local IHOP restaurant to pay $8,299,916.53 in damages to a woman who suffered injuries in a fall that occurred in 2021.

As reported on June 9, 2021, the plaintiff, a 47-year-old woman, was leaving the IHOP situated at 2454 North University Drive in Sunrise. During her exit, she slipped and fell on a deteriorated step just outside the restaurant's exit. This particular step, measuring only six inches in depth, was in violation of building codes that require a minimum depth of 10 inches.

The fall resulted in a severe trimalleolar ankle fracture, affecting all three ankle bones—the distal fibula (lateral malleolus) and the medial and posterior malleolus. The woman had to endure months of painful recovery, including several weeks in a wheelchair and six months of being unable to climb stairs. Furthermore, she has been unable to drive or return to work due to persistent pain and swelling, having to rely on a cane for mobility despite her relatively young age.

The attorneys representing the plaintiff turned down a settlement offer of $100,000 and chose to proceed with the case in court. Ultimately, they succeeded in securing over $8.2 million in compensation for their client. During the trial, Sunshine Restaurant Merger Sub, LLC, the IHOP franchisee, disputed liability in an attempt to avoid responsibility for the woman's life-altering injuries.

The attorney representing the plaintiff expressed satisfaction that the jury carefully considered the facts in the case, especially when the large corporation attempted to shift blame onto their client. This verdict provides some relief for the woman, helping to cover her medical bills and address the permanent changes in her life due to the accident.

Family of a Woman Killed in DUI Crash gets $20M

A jury has granted a $20 million award to the family of a woman who lost her life in a DUI crash caused by a former elementary school principal in Lancaster.

The wrongful death lawsuit was filed by the family of the 29-year-old victim against the 40-year-old principal responsible for the woman's death in 2018.

On November 15, 2018, the defendant, while intoxicated, was driving on 50th Street East near Avenue P in the Palmdale area when she swerved into oncoming traffic, resulting in a head-on collision with the victim's vehicle, as stated by the Los Angeles County District Attorney’s Office. The victim died instantly.

Attorneys representing the victim's family revealed that the defendant, after being transported to the hospital, tested for a blood alcohol level nearly three times the legal limit.

On February 4, 2020, the defendant was convicted of second-degree murder and gross vehicular manslaughter while intoxicated, receiving a prison sentence of 15 years to life.

The defendant, who lived in Pearblossom, was a former teacher and served as the principal at Enterprise Elementary School at the time of the accident.

Following the jury's decision, the victim's attorneys issued a statement expressing frustration with insurance companies like Geico, which prolong these clearly liability cases for years to avoid rightful compensation for their clients. The attorney also emphasized that the defendant knowingly endangered everyone on the road by choosing to drive after a night of heavy drinking, resulting in the tragic loss of the victim's promising future due to her reckless actions.

Family Settles for $8.5M in Psychiatric Hospital Death

The family of a 28-year-old man has reached a wrongful death settlement involving Virginia, Henrico County, and the county's sheriff.

This young man passed away in March after being restrained by seven Henrico sheriff's deputies and three Central State Hospital workers while being admitted to the psychiatric hospital.

The state medical examiner's office determined the cause of death as "positional and mechanical asphyxia with restraints," classifying it as a homicide. Initially, ten individuals faced charges in connection with his death, but charges against two hospital workers were eventually dropped.

According to the report, surveillance video, without sound, captures the disturbing scene where up to 10 sheriff's deputies and Central State Hospital personnel pin down a handcuffed and shackled victim for over 11 minutes until he becomes motionless.

The video, accessible through a Dropbox link in public court records, shows the man's arrival at the psychiatric hospital at 4:19 p.m. on March 6, his restraint and immobilization in a hospital admissions room, and the unsuccessful efforts to revive him after he goes limp.

Prior to his transfer to Central State Hospital, the victim was taken from Parham Doctors' Hospital to Henrico Jail West, where, as claimed by his family's attorneys, he was restrained in a chair for more than 11 hours, denied medication, and subjected to severe beatings by Henrico County deputies.

The attorneys representing the deceased man's brother and mother announced that a settlement had been approved by a Henrico Circuit Court judge. The state, Henrico County, and the county's sheriff have agreed to pay the man's family a total of $8.5 million without admitting any liability in his death. The family is content that they were able to reach a resolution outside of court that honors the memory of the victim.

Franklin County Settles $6.5M Lawsuit in Teen's Death

Franklin County has approved a $6.5 million settlement to resolve a federal wrongful death lawsuit arising from the fatal 2018 shooting of a 16-year-old boy by a sheriff's deputy during an altercation.

The Franklin County Board of Commissioners has voted in favor of this settlement amount, marking the largest in the county's history.

According to reports, in January 2018, a Franklin County Sheriff's Deputy was escorting the teenager and his mother out of a courtroom when an altercation occurred. A scuffle ensued as the boy resisted the deputy, who had threatened to arrest him at the conclusion of a hearing. The teenager was also upset about a judge's order to continue wearing an electronic monitoring device. The incident resulted in the boy being shot once in the abdomen outside a juvenile courtroom in Columbus. He passed away minutes later at the hospital.

A grand jury investigation did not lead to any charges against the sheriff. Attorneys representing the boy's family argue that the sheriff "unnecessarily escalated the encounter using excessive force," which ultimately caused the boy's death.

The lawsuit contends that while the Franklin County Coroner classified the minor's death as a homicide, the Franklin County Sheriff's Office chose to internally investigate its own deputy rather than having an independent investigator handle the case. The complaint also alleges that the sheriff's department does not adequately train deputies to handle interactions with unarmed minors.

A spokesperson from the Franklin County Board of Commissioners explained that the settlement was agreed upon to offer closure to residents and safeguard tax dollars from the uncertainties of a civil trial.

E-Cigarette Explosion Victim Wins $2.3M

A jury in this case has granted a man $2.3 million in damages following an incident in which an electronic cigarette battery exploded in his mouth, resulting in broken teeth, a fractured jaw, and a burned hand.

During a four-day trial, the man's attorneys argued that e-cigarette distributor Lightfire Holdings LLC provided customers with a potentially dangerous product, likening it to a "tiny pipe bomb" due to its powerful, unprotected lithium-ion battery. They claimed that the company failed to adequately warn customers about the associated risks.

The plaintiff's attorney drew a comparison, stating that it's like being handed a brick of C-4 and being told it's harmless Play-Doh. The volatile and highly energetic nature of the product was not apparent to users.

Lightfire Holdings, based in Florida, did not respond to requests for comment, but the company contended in legal filings that it should not be held responsible for the injuries suffered by the plaintiff.

Electronic cigarettes, introduced in 2007, were initially marketed as a safer alternative to traditional cigarettes. Sales surged from around $20 million in 2008 to $2.5 billion in 2012, with predictions that the industry would eventually surpass the tobacco sector, according to the plaintiff's lawsuit.

These devices operate by using a battery-powered heating element to vaporize a liquid contained in a tank, allowing users to inhale vapor and nicotine. Many of these devices utilize powerful, rechargeable lithium-ion batteries, which are also used in cellphones, laptops, electric cars, and various electronic devices.

Overheating of such batteries can lead to "thermal runaway," resulting in explosions, fires, or severe injuries. In the case of e-cigarettes, the plaintiff's attorneys argued that this phenomenon could cause the device's battery to shoot out like a projectile.

Unlike most devices that use lithium-ion batteries, the Tobeco Super Tank Mini e-cigarette purchased by the plaintiff at a St. Louis-area vape shop did not have adequate safeguards, according to his lawsuit, which was recommended by an employee.

The plaintiff experienced the explosion while sitting on his couch in 2017, resulting in injuries across his body. He sought medical attention, was transported to Barnes-Jewish Hospital in St. Louis, and underwent oral and hand surgery, along with stitches in his arm. He now has permanent scars and nerve damage.

The plaintiff's attorney argued that it was a relatively common practice for sellers to distribute devices without proper safeguards. They presented expert testimony about the devices' dangers and the responsibility of companies to inform consumers of the risks, however rare.

Federal regulators have since imposed safety measures for vaping devices, but the attorney argued that injuries should not have been necessary for manufacturers to implement these changes.

The St. Charles County jury issued a verdict of $352,000 in compensatory damages in addition to $2 million in punitive damages.

Woman Gets $7M Jury Award for Delayed Cancer Diagnosis

In a legal case in Fleming County, a woman who has been battling stage four breast cancer for over eight years was granted a verdict of more than $7 million in damages.

The lawsuit claimed that a crucial diagnosis was missed, resulting in a significant delay in her treatment.

In 2015, the woman received a letter from Fleming County Hospital stating that her mammogram results indicated she was cancer-free. However, ten months later, she discovered that the letter was incorrect; the test had actually shown that she needed to undergo a biopsy, as stated in her 2016 lawsuit.

The lawsuit contended that during the time it took for the error to be recognized, her cancer had metastasized, spreading to other parts of her body and her bones. She noted in 2021 that her family had a history of this disease.

During the trial, lawyers representing the radiologist and family practitioner named in the lawsuit argued that their clients were not responsible and questioned why the woman had not sought treatment for persistent symptoms.

One of the attorneys referenced a deposition of the woman during his questioning, asking, "'Did you seek medical attention for the ongoing redness, tenderness, and hardness in your right breast?' and your response was, 'No, I did not.'" In response, the woman stated that she would have sought a biopsy if she had known it was necessary.

Ultimately, the jury awarded the woman $7,568,452. The woman's legal team stated that her health has continued to deteriorate, emphasizing that, for her, this case revolves around principles of right and wrong.