Recent Blog Posts in March 2010

A man who claims he suffered serious burns to his lips after eating an extremely hot fried chicken sandwich at a McDonalds's in Virginia has filed an injury lawsuit against the fast-food giant. However, a federal district court dismissed his case, saying he failed to prove what standard McDonald's was required to meet in handling its food. The court also ruled that the man, Frank Sutton, was to blame for the accident since he failed to exercise reasonable care while eating his sandwich.

But things took a turn last month when the U.S. Court of Appeals in Richmond reinstated Sutton's case after determining that if McDonald's did violate Virginia's food safety laws, Sutton had provided enough evidence for a jury deliberation.

In his lawsuit, Sutton claims that when he bit into his sandwich, scalding hot grease flowed over his mouth, and despite his wife's attempt to cool his lips with ice as soon as the incident occurred, Sutton's lips blistered. According to Sutton's lawsuit, a McDonald's employee said that "this is what happens" when the sandwiches aren't drained properly.

Sutton said that seven months after the incident his lips still hadn't completely healed. He also claims he's had to avoid certain work assignments he thought could make his lips worse. He is suing the McDonald's corporation and the individual franchise for $2 million for medical bills, lost work wages, and pain and suffering.

What Sutton's case comes down to is this: do restaurants have a legal responsibility to ensure their food is safe for the public? Under North Carolina product liability laws, companies have an obligation to ensure their products are safe for public consumption. If a defect stemming from how the product was made or manufactured leads to an injury, the victim has the right to sue the product maker for damages. The same should hold true for food. If you have suffered an injury or health complication after eating a particular brand of food, a North Carolina personal injury lawyer at Lanier Law Group can help you pursue a claim against the individual restaurant, corporation, or both for compensation.

To schedule an appointment to discuss filing a claim, please contact Lanier Law Group today by calling 1-888-CONSULT!

Included in the healthcare bill recently approved by Congress and signed into law by President Obama is the creation of two new acts designed to better protect and serve seniors living in nursing home facilities throughout the country.

The first bill, the Elder Justice Act, provides $400 million in federal funding for adult protective services, as well as $100 million in state demonstration grants to help improve Adult Protective Services (APS). Also included in the bill is a $32.5 million grant to help support long-term care ombudsman programs, and another $40 million to help fund training programs for national organizations and state-run ombudsman programs. For those of you not familiar with the term, an ombudsman is a person designated to investigate and resolve complaints against nursing home facilities made by nursing home residents and/or their families. This is a very important job, as ombudsmen are often the first people to respond to allegations of nursing home abuse or neglect.

The other act included in the healthcare reform bill is the Patient Safety Abuse Prevention Act. This act aims to reduce the rate violence, abuse, and neglect in nursing homes. The act calls for the creation of a national program of criminal background checks of those people seeking jobs in nursing homes and assisted living facilities. It's not uncommon for police to discover that the nursing home worker charged with abusing or neglecting a resident has a criminal history or history of abusive or violent behavior.

At Lanier Law Group, we support any legislation that aims to reduce the amount of nursing home abuse and neglect that occurs in this country. We know that abuse and neglect in nursing homes continue to plague countless senior citizens every year, and are committed to doing whatever we can to help our clients combat nursing home abuse and neglect so it no longer affects their loved ones.

If you suspect your loved one is being abused, neglected, or mistreated in a North Carolina nursing home, Lanier Law Group can help you take legal action against the nursing home facility and individual caretaker or caretakers responsible. To schedule a free consultation with a North Carolina nursing home abuse attorney at our office, call 1-888-CONSULT today!

A wrongful death lawsuit is underway in Collier County, Florida against a driver accused of hitting and killing a pedestrian riding his bicycle.

Margaret Caskey claims Lawrence A. Daniels was texting while driving when he hit and killed her husband, James L. Caskey, Jr. She is also suing Astellas Pharma US Inc., Daniels’ employer and owner of the car he was driving.

In her lawsuit, Caskey claims that Daniels, who was working at the time of the accident, “engaged in intentional misconduct or gross negligence, or both, by texting on his cell phone when the crash occurred.” Her lawsuit goes on to say that Daniels knew or should have known that his actions were wrong and dangerous, but that he continued to text while driving anyway.

The lawsuit is garnering a lot of attention in Florida, as it is the first texting while driving wrongful death lawsuit ever filed in Collier County Court. Currently Florida does not ban texting while driving, but legislators are considering enacting such a ban.

On Sunday, the House passed an extensive-health care bill that will completely overhaul the current health care system in America. Today, the Senate passed a companion bill, sending it back to the House for final approval. House Speaker Nancy Pelosi said the bill should have enough votes to pass. As long as the House approves the bill, President Obama is expected to sign it into law.

On Tuesday, President Obama signed the overall health care bill, which will assure that 32 million Americans will be able to receive health insurance coverage, made possible by subsidies, employer obligations, and a mandate for most Americans to carry insurance.  

Some features of the legislation include:

• Raising taxes (mostly on the wealthy) to reduce future Medicaid spending by $500 billion.
• Protecting Americans from losing their insurance coverage due to an illness or sickness
• Insurance companies would not be able to deny people coverage for a pre-existing condition. They also will not be allowed to charged people with pre-existing conditions more money.
• Most Americans will be required to carry health insurance, either from their employer, a government program, or by buying their own policy directly from the insurance company. Anyone who fails to carry insurance will face penalties from the IRS.
• Insurance companies will be prohibited from putting lifetime dollar limits on policies.
• College students can stay on their parents insurance policies until they are 26.
• Tax credits will be offered to help working families pay for coverage they otherwise could not afford.
• If adult children (people ages 18-26) have access to an insurance plan through their employer, they would not be eligible to stay on their parents’ insurance. However, if they get married they could still remain on the insurance policy until they turn 26.
• It will close the prescription coverage gap for seniors and improve preventive care.

Although this is a historic moment, it is expected to take 4 years before the effects of the legislation are felt. But once all is said and done, the number of Americans without insurance will drop by over 50%, and those Americans who want to keep their current insurance policy will be able to do so.  

If you need to speak with an experienced North Carolina personal injury attorney about medical coverage for an accident or injury, please do not hesitate to contact Lanier Law Group today at 1-888-CONSULT!

Beth Hippely died from a medication overdose in January 2007. In August 2007, her family went to trial and won a $33.3 million verdict in a wrongful death lawsuit against Walgreens Pharmacy. Walgreens appealed the jury verdict, but last month a Florida court of appeals ruled in favor of the family, saying the lower court’s ruling stands as is.

The lawsuit stems from an unfortunate incident of pharmacy negligence. Hippely was on blood thinner medication as part of her breast cancer treatment. Her family claims that a teenage pharmacy technician accidently gave Hippely a dosage of the medication that was 10 times stronger than what she had been prescribed. As a result, she suffered a cerebral hemorrhage and paralysis, which ultimately led to her death.

The family of 7-year-old Kristen Spears filed a lawsuit against Allergan, Inc., the maker Botox, blaming them for their daughter’s death. Spears, who was diagnosed with cerebral palsy at a young age, began receiving large doses of Botox around the age of six to reduce the side effects associated with her cerebral palsy. Her family believes those large doses of Botox led to respiratory failure and pneumonia, which ultimately led to her death.

In their lawsuit, Spear’s family claimed Allergan was responsible for their daughter’s death because the company failed to adequately warn Spears’ pediatrician of the drug’s risks and side effects. But an Orange County, California jury has ruled that Allergan is not liable for Spears’ death. The jury said the company did provide adequate warning labels.

The jury's verdict didn't come easily. Some jurors felt that Botox did pose a risk of substantial danger that “ordinary consumers” would not have recognized, but ultimately decided that Allergan did not breach its duty to warn consumers of the drug’s potential risks and therefore should not be held liable for adverse side effects.

The attorney representing Spears’ family said they still believe the warning labels were inadequate, and plan to continue their fight against Allergan. In addition, he said his client is frustrated because the jury never addressed the question of whether or not the drug directly contributed to Spears’ death.

Toyota’s name is being dragged into headlines once again after a motorist in San Diego, California was unable to stop his Prius while driving on the freeway.

According to California Highway Patrol officer Todd Neibert, the brake lights on Jim Sikes’ Prius were flashing on for a period of time and then flashing off, indicating Sikes was trying to pump the brakes. In his report, Neibert also said he could smell the heated brakes within ¼ of a mile of the vehicle, an indicator that the brakes were being used extensively.

When Sikes realized his brakes were failing, he called 911 for help. Officer Neibert eventually caught up to Sikes, who was traveling at about 95 mph on the 8 Freeway. Sikes was able to slow the Prius to about 50 mph and then Neibert told Sikes over a loudspeaker to hit the floor brake and pull the emergency brake simultaneously. Neibert’s advice worked and Sikes was able to come to a stop with no injuries to report.

In his report, Office Neibert said Sikes was about 20 miles away from a steep downgrade and sharp left turn. If Sikes had made it to that location, Neibert believes the outcome would have been catastrophic, if not deadly.

After Sikes got out of the vehicle, he told Neibert that he tried three times to lift the gas pedal with his hands, but was unsuccessful.

The family of a North Carolina teenager who was killed after police tasered him with a stun gun has filed a lawsuit against the gun’s manufacturer.

Darryl Wayne Turner, 17, died of cardiac arrest after Charlotte police officers used a taser on him during a confrontation at the grocery store where he worked. Although the city of Charlotte will not admit to any wrongdoing, they did pay Turner’s family $625,000 last August.

Now Tuner’s family has filed a lawsuit against Taser International, claiming the company failed to warn its customers that the weapon could potentially be lethal if used near the chest.

A spokesperson for Taser International would not comment on the case because it is still pending, but did say the company stands by the safety of their products.

At Lanier Law Group, we offered experienced legal counsel to victims of defective product injuries throughout all of North Carolina. Product makers have a legal obligation to ensure their products are safe for public consumption. Part of that obligation includes making sure any products made available to the public are packaged with proper warning labels. Without warning labels that clearly state the dangers and risks associated with using the product, as well as the proper way to use the product to reduce the risk of injury or death, the designer, manufacturer, distributor, and/or retailer can be held liable for damages in a product liability lawsuit.

In addition to handling defective products claims, we also represent victims of police brutality and excessive force. Sometimes police officers take their position of power and authority a little too seriously and cross the line. If you believe an officer’s use of excessive force led to your injury, you can turn to Lanier Law Group for help.

To arrange a free consultation with an experienced North Carolina personal injury attorney to discuss your claim, contact Lanier Law Group today at 1-888-CONSULT!

The wife, son, and daughter of a Baltimore man who was killed when he was hit by a semi truck while riding his bicycle has filed a wrongful death lawsuit against the truck driver and the driver’s employer.

John R. Yates, 67, was riding his bicycle behind the truck when he became caught in the vehicle’s rear wheels and was run over as the truck turned right onto another street. Yates died at the scene.

The lawsuit filed by Yates’ family says that both truck driver, Michael Dale Chandler, and his employer, Potts & Callahan, Inc. (a demolition, excavation, and equipment rental company), were negligent and thus liable for the death of their loved one. They are seeking $5 million in compensatory damages.

After reviewing video surveillance footage that shows Chandler making a right turn without signaling, the attorney for the Yates family, Steven D. Silverman, argued that Chandler and Potts & Callahan were negligent . Silverman also alleges that Chandler failed to look right to ensure traffic was clear of cyclists or pedestrians.

But a police investigation determined that Yates was at fault for the accident for riding his bicycle in parking lanes and trying to pass the truck on the right, two actions considered illegal in the state of Maryland. A spokesman with the city police said their investigation concluded that Yates drove into the truck.

The attorney representing Potts & Callahan also maintains that neither Chandler nor Potts & Callahan caused the collision.

The family of a Texas woman who was killed after she was hit by a drunk off-duty police officer is suing the bar that served the officer the alcohol.

Jeff Rasansky, the attorney representing Sonia Baker’s family, said the family decided to sue the Pour House for over-serving patrons and “placing profits ahead of safety.” The lawsuit was filed under the state’s Dram Shop Act, which states that those establishments that sell alcohol to an obviously intoxicated person can be held liable if that patron causes an accident.

Named as defendants in the lawsuit are the Pour House (part of Aventura Hospitality LLC), the bar’s owner Eric Tschetter, and Pueri, Inc., another business entity. Baker’s family is claiming the bar continued to serve the officer, Jesus Cisneros of the Fort Worth Police Department, to the point of him becoming “dangerously inebriated,” and then allowed him to leave the bar and drive away. The lawsuit further alleges that because the bar over-served Cisneros and allowed him to leave while clearly intoxicated, he was able to take his city-owned vehicle and sped down the street, crashing into Baker’s PT Cruiser.

It wasn’t mentioned whether or not the family plans to pursue a wrongful death lawsuit against Cisneros, although they probably will. Since the accident, Cisneroas has been charged with vehicular manslaughter, but is currently out on bail.

An internal investigation by the police department found that Cisneroas and several other narcotics officers visted three bars as part of an unauthorized undercover bar detail. Afterwards, Cisneros drove to the Pour House to meet other officers for a birthday celebration, were he consumed another four beers and took four shots of alcohol.

After the accident, he was taken to the hospital where a blood test determined his BAC was .17, more than twice the legal limit.

He has since resigned from the department. The police department also launched an investigation to determine why the other officers allowed Cisneros to drive when he was clearly inebriated.

It’s taken 18 years, but a man who suffered a trampoline injury at his elementary school has finally settled his lawsuit with the Chicago Board of Education and a private youth center.

Ryan Murray of Chicago was 13 when he suffered a life-changing injury during tumbling class on Dec. 14, 1992. Murray, who is now 30, became a quadriplegic after hitting his head as he flipped off a mini trampoline onto a mat in the school gymnasium.

Murray’s lawsuit has been trying to make its way through the courts, but kept encountering obstacles. In 2006, the Illinois Supreme Court threw out his case, stating that Murray did not have the right to sue the Board of Education because it is a government entity. The court said that in order to sue a government entity Murray would need to prove the action that led to his injury was intentional.

Murray’s attorney was able to get the court to hear the case again after arguing that school officials conducted the class recklessly, without proper equipment, and ignored basic safety rules. The court ended up reversing its original decision, stating that if a government entity show an “utter indifference or conscious disregard for the safety of others," it can be sued for willful and wanton conduct.

Murray’s case was then sent back to the circuit court for trial, but because Murray was able to reach a settlement the trial will not be held.

Murray settled his lawsuit for $14.7 million.

If you have suffered an injury on another person’s property or due to the willful or wanton conduct of another, you should speak with an attorney about your legal rights. Under both premises liability laws and personal injury laws you could stand to be compensated for your medical expenses, rehabilitation, treatment, lost wages, financial hardship, emotional trauma, and pain and suffering.

To learn if you have a valid injury claim, please feel free to contact Lanier Law Group today to arrange a consultation with an experienced North Carolina personal injury attorney.

A little more than a year after her son was killed in an explosion at a hotel, a mother has filed a lawsuit against both the hotel and a plumbing company.

Michael Walden was killed when the gas broiler at the Mercury Motel in Nashville blew up. Walden was an employee of the hotel and was checking on a gas leak when the broiler exploded.

Walden’s mother, Charlotte McGuire, claims that Holt Plumbing Company is responsible for the explosion that killed her son. In her lawsuit, she says that the plumbing company did a poor job repairing the broiler. An employee for the company allegedly removed a piece from the broiler at the Mercury Hotel in order to repair a broiler in a neighboring hotel, the Drake Motel. The fix didn’t work and the company left without properly reconnecting the gas lines, which caused gas to start leaking. Walden was checking on that leak when the broiler exploded.

In addition to Holt Plumbing Company, McGuire has also filed a lawsuit against the Drake Motel and Piedmont Natural Gas. She claims the utility company failed to respond to reports of a gas leak quickly enough.

In total, McGuire is seeking $15 million in damages.

A woman whose husband died when another man flew his personal aircraft into the Internal Revenue Service building where her husband worked has filed a lawsuit against the pilot’s wife.

Valerie Hunter, whose husband Vernon was killed when Andrew Joseph Stack flew his plane into the building where Hunter worked, claims Stack’s wife, Sheryl Mann Stack, failed to warn others about her husband, and had a duty to “avoid a foreseeable risk of injury to others.”

According to Hunter’s lawsuit, Sheryl Stack was threatened enough by her husband that, the night before he crashed the plane, she took her daughter and stayed at a hotel.

Hunter is also claiming that her family is entitled to some type of compensation or damages because the pilot was negligent in protecting Vernon Hunter’s life. The amount of damages Valerie Hunter is seeking has not been disclosed.  Hunter’s attorney said his client is also interested in learning what insurance money might be available to her and her family.

Sheryl Stack hasn’t commented on the lawsuit or the plane crash, other than stating she is grief-stricken.

Although they don’t happen very often, plane crashes do occur, and when they do injury or death is almost imminent. If you have been injured in a plane crash, or if a loved one was killed in a plane crash, you can depend on an experienced North Carolina personal injury lawyer at Lanier Law Group to help you take legal action. During this difficult time, you can depend on us to protect your rights and interests and help you pursue a claim for maximum compensation!

A lawsuit has been filed against four Florida police departments and several individual officers by the family of a man who was fatally shot by a Lee County sheriff’s deputy last year.

The family of Arthur Lee Coleman claims Coleman’s death was unjustified, and is now seeking monetary damages. Michelle Berthiaume, the attorney representing Coleman’s family, argued that “overzealous police work caused him to lose his life.”

Coleman was allegedly acting as an informant for the sheriff’s department and other law enforcement agencies, helping them break up a vehicle-theft ring operating out of Fort Myers and Miami. A fugitive task force was after him for violating his probation when he was shot by the officer.

Coleman, a well-known car thief himself, was facing 16 criminal counts, including racketeering, grand theft of a motor vehicle, and dealing in stolen property. As part of a plea deal, Coleman agreed to plead guilty and, in exchange for going to jail, serve 30 months of probation. Going undercover and helping police with the theft ring was also part of that plea deal.

Berthiaume says Coleman’s family could be entitled to up to $150,000 in damages.

If you believe your loved one was unjustly killed at the hands of a law enforcement officer, you can turn to Lanier Law Group for help. Excessive force and police brutality are the cause of many injuries and deaths, but often times people don’t take legal action because they feel they don’t have chance against a police officer. At our firm, we believe that every victim has a voice, and are committed to doing whatever we can to ensure justice is served. Whether you’re interested in filing a wrongful death lawsuit or a personal injury claim, you can depend on an experienced North Carolina personal injury attorney at Lanier Law Group to advocate your legal rights and help you pursue a claim for maximum compensation.

A New York man who claims he permanently lost his sense of smell and taste is suing the maker of Zicam Cold Remedy Spray for $75 million.

Paul Buck Jr. worked as the director of operations for an organization called Art Food LLC at the Metropolitan Museum of Art. In his lawsuit, Buck claims he relied on his sense of smell and taste for his job. He claims he used Zicam nasal spray from 2006 to 2009, and now suffers from anosmia, a condition in which a person can longer smell and taste.

Buck’s lawsuit states that Matrixx Initiatives, the company that manufactures Zicam, knew or should have known about studies that proved products containing zinc ions can cause permanent anosmia. The lawsuit says that Matrixx labeled the product in a way that lures consumers into using the spray, putting phrases such as “doctor recommended,” “safe and effective,” and a “patented homeopathic” remedy on the box.

Last summer the Food and Drug Administration issued a warning for all consumers to stop using Zicam nasal products immediately after it received more than 130 reports of anosmia.