Plaintiff incurs traumatic brain injury, neck spasms drop foot, pain syndrome
On Dec. 29, 2011, plaintiff was driving westbound on Walnut Lake Road in West Bloomfield Township. Defendant was driving a GMC van — with permission and consent of its owner, northbound on Middlebelt Road.
At the intersection of Walnut Lake and Middlebelt, defendant ran the red light and crashed into plaintiffs vehicle. At the scene, defendant admitted to plaintiff and the officer that he was at fault, as he had been texting on his cellphone.
Plaintiff initially refused medical treatment at the scene, but over the next few days she experienced head, neck and lower back pain. On Jan. 3, 2012, she was examined by a physical medicine and rehabilitation specialist. He diagnosed her with neck spasms, minor traumatic brain injury, drop foot, exacerbation of lower back pain condition and chronic pain syndrome.
Defendants argued that there was no proximate cause and that plaintiffs injuries did not constitute serious impairment of body function.
Type of action: Third-party no-fault
Type of injuries: Neck spasms, minor traumatic brain injury, drop foot, exacerbation of lower back pain condition, chronic pain syndrome
Court/Case no./Date: Oakland County Circuit Court; 12-128835-NI; Sept. 13, 2013
Verdict amount: $1,143,795
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Tuesday, December 10, 2013
Viking Recalls Built-In Side-by-Side Refrigerator Freezers with In-Door Dispensers Due to Fire Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 19, 2013
Recall number: 14-023
Recall Summary
Name of product:
Viking built-in side-by-side refrigerator freezers with in-door dispensers
Hazard:
Electrical connectors in the refrigerator freezer wiring harness can overheat, posing a fire hazard.
Remedy:
View Details
Repair
Consumer Contact:
Viking toll-free at (877) 266-1086 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at www.vikingrange.com and click on Safety Recall Information on the bottom right side of the page.
From the CPSC
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Recall date: November 19, 2013
Recall number: 14-023
Recall Summary
Name of product:
Viking built-in side-by-side refrigerator freezers with in-door dispensers
Hazard:
Electrical connectors in the refrigerator freezer wiring harness can overheat, posing a fire hazard.
Remedy:
View Details
Repair
Consumer Contact:
Viking toll-free at (877) 266-1086 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at www.vikingrange.com and click on Safety Recall Information on the bottom right side of the page.
From the CPSC
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Thursday, December 5, 2013
$250,000 Settlement: Plaintiff seeks damages from two crashes
Defense claims symptoms are a natural progression of his prior back problems
On Dec. 18, 2009, defendant negligently drove an uninsured vehicle into the driver’s side front panel of plaintiff John Doe’s vehicle, forcing him into the guardrail. Doe’s car was totaled, and he suffered a torn scapholunate ligament in his left wrist, which cannot be repaired surgically; aggravation of a pre-existing back condition; a possible disc herniation of L4-L5; and aggravation of his pre-existing cervical symptoms.
Doe missed a total of 211 hours of work as a result of injuries from the accident, and defendant Insurance Company did not pay his $2,794.27 wage loss or his noneconomic damages
On May 14, 2010, Doe was stopped at a red light, when uninsured defendant ran his pickup truck into the rear of Doe’s vehicle. As a result of this crash, Doe suffered injuries, including aggravations of: his prior low back condition; his prior radicular pain, to the point where he was unable to sit, stand, walk or do anything for a sustained amount of time; his pre-existing disc bulge above L4, with nerve compression; and his underlying neck condition, which resulted in increased pain.
As a result of the second crash, Doe missed substantial additional work time. Two defense medical evaluations determined that Doe could return to work, but by then he had been terminated by his employer for missing work.
Plaintiff argued that defendant owed additional wage loss of approximately $42,000 through three years from the date of the May 2010 crash, in addition to out-of-pocket medical expenses, mileage, and noneconomic damages for pain and suffering, mental anguish and decreased enjoyment of life.
Defendants’ medical experts argued that plaintiff’s symptoms are a natural progression of his prior significant back problems, and a defense radiologist disputed plaintiff’s claim that his condition was aggravated by each of the crashes.
Defendants also contended that the second crash was less severe than the first because there was minor damage to plaintiff’s vehicle.
At mediation, a settlement was reached for $97,000 in uninsured motorist benefits for the December 2009 crash; $97,000 in uninsured motorist benefits for the May 2010 accident; and $56,000 in unpaid wage loss, mileage and medical bills not covered by plaintiff’s health insurance, for both crashes.
Type of action: First-party no-fault, uninsured motorist
Type of injuries: Torn ligament in left wrist, aggravation of pre-existing back condition and cervical symptoms
Court/Case no./Date: Washtenaw County Circuit Court; 11-1103-NI; April 17, 2013
Settlement amount: $250,000
Special damages: $56,000 wage loss
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On Dec. 18, 2009, defendant negligently drove an uninsured vehicle into the driver’s side front panel of plaintiff John Doe’s vehicle, forcing him into the guardrail. Doe’s car was totaled, and he suffered a torn scapholunate ligament in his left wrist, which cannot be repaired surgically; aggravation of a pre-existing back condition; a possible disc herniation of L4-L5; and aggravation of his pre-existing cervical symptoms.
Doe missed a total of 211 hours of work as a result of injuries from the accident, and defendant Insurance Company did not pay his $2,794.27 wage loss or his noneconomic damages
On May 14, 2010, Doe was stopped at a red light, when uninsured defendant ran his pickup truck into the rear of Doe’s vehicle. As a result of this crash, Doe suffered injuries, including aggravations of: his prior low back condition; his prior radicular pain, to the point where he was unable to sit, stand, walk or do anything for a sustained amount of time; his pre-existing disc bulge above L4, with nerve compression; and his underlying neck condition, which resulted in increased pain.
As a result of the second crash, Doe missed substantial additional work time. Two defense medical evaluations determined that Doe could return to work, but by then he had been terminated by his employer for missing work.
Plaintiff argued that defendant owed additional wage loss of approximately $42,000 through three years from the date of the May 2010 crash, in addition to out-of-pocket medical expenses, mileage, and noneconomic damages for pain and suffering, mental anguish and decreased enjoyment of life.
Defendants’ medical experts argued that plaintiff’s symptoms are a natural progression of his prior significant back problems, and a defense radiologist disputed plaintiff’s claim that his condition was aggravated by each of the crashes.
Defendants also contended that the second crash was less severe than the first because there was minor damage to plaintiff’s vehicle.
At mediation, a settlement was reached for $97,000 in uninsured motorist benefits for the December 2009 crash; $97,000 in uninsured motorist benefits for the May 2010 accident; and $56,000 in unpaid wage loss, mileage and medical bills not covered by plaintiff’s health insurance, for both crashes.
Type of action: First-party no-fault, uninsured motorist
Type of injuries: Torn ligament in left wrist, aggravation of pre-existing back condition and cervical symptoms
Court/Case no./Date: Washtenaw County Circuit Court; 11-1103-NI; April 17, 2013
Settlement amount: $250,000
Special damages: $56,000 wage loss
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Nantucket Distributing Recalls Clay Bowl Outdoor Fireplaces Due to Impact and Burn Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 14, 2013
Recall number: 14-022
Recall Summary
Name of product:
Clay Bowl Outdoor Fireplaces
Hazard:
When fire is lit, pieces of the clay fireplace bowl can blow off of the bowl posing impact and burn hazards
Remedy:
View Details
Refund
Consumer Contact:
Christmas Tree Shops toll-free at (888) 287-3232 any time, or online at www.christmastreeshops.com and go to the “Product Recalls” link at the bottom of the homepage for more information.
From the CPSC
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Recall date: November 14, 2013
Recall number: 14-022
Recall Summary
Name of product:
Clay Bowl Outdoor Fireplaces
Hazard:
When fire is lit, pieces of the clay fireplace bowl can blow off of the bowl posing impact and burn hazards
Remedy:
View Details
Refund
Consumer Contact:
Christmas Tree Shops toll-free at (888) 287-3232 any time, or online at www.christmastreeshops.com and go to the “Product Recalls” link at the bottom of the homepage for more information.
From the CPSC
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Tuesday, December 3, 2013
$1.825 million Settlement: Man helping driver in ravine hit by car on slick road
Plaintiff says defendant drove too fast for existing conditions; case settles
On a cold winter evening, plaintiff pedestrian went to the aid of a disabled motorist whose vehicle had slid off the roadway into a ravine. The road surface was slick because of freezing rain.
As plaintiff offered assistance, defendant driver came up the exit ramp at too great a speed for existing road conditions, and careened off the roadway. The car made impact with plaintiff, pinning him against the disabled motorist’s vehicle. Plaintiff suffered a fractured leg and a concussion that was ultimately diagnosed as a mild traumatic brain injury.
During the course of discovery, defendant and his employer, through counsel, argued that the crash was unavoidable because of inclement weather conditions. It was further contended that this constituted a sudden emergency, depriving plaintiff of the ability to prove actionable negligence against them.
The defendant vehicle operator denied liability even though he had pleaded no contest to a traffic ticket for speeding, and had paid the fine.
During discovery, plaintiff’s counsel moved aggressively to file successful motions to strike defendants’ multiple notices of non-party fault. Plaintiff counsel also took numerous discovery depositions that were designed to deprive defendants from having factual support for their numerous affirmative defenses.
Plaintiff’s treating physicians asserted that plaintiff’s working capacity was permanently diminished due not only to his lack of mobility, but also because of his changed personality, which was attributable to post-traumatic stress disorder.
Defendants’ examining physicians contended that plaintiff’s psychiatric disability was attributable to his pre-existing mental state and that, in any event, plaintiff should be able to perform gainful employment, albeit not in the same industry (sales) as previously.
The matter settled for $1.825 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Leg fracture and mild traumatic brain injury leading to chronic depression
Name of case: Confidential
Court/Case no./Date: Confidential; Confidential; Jan. 18, 2013
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On a cold winter evening, plaintiff pedestrian went to the aid of a disabled motorist whose vehicle had slid off the roadway into a ravine. The road surface was slick because of freezing rain.
As plaintiff offered assistance, defendant driver came up the exit ramp at too great a speed for existing road conditions, and careened off the roadway. The car made impact with plaintiff, pinning him against the disabled motorist’s vehicle. Plaintiff suffered a fractured leg and a concussion that was ultimately diagnosed as a mild traumatic brain injury.
During the course of discovery, defendant and his employer, through counsel, argued that the crash was unavoidable because of inclement weather conditions. It was further contended that this constituted a sudden emergency, depriving plaintiff of the ability to prove actionable negligence against them.
The defendant vehicle operator denied liability even though he had pleaded no contest to a traffic ticket for speeding, and had paid the fine.
During discovery, plaintiff’s counsel moved aggressively to file successful motions to strike defendants’ multiple notices of non-party fault. Plaintiff counsel also took numerous discovery depositions that were designed to deprive defendants from having factual support for their numerous affirmative defenses.
Plaintiff’s treating physicians asserted that plaintiff’s working capacity was permanently diminished due not only to his lack of mobility, but also because of his changed personality, which was attributable to post-traumatic stress disorder.
Defendants’ examining physicians contended that plaintiff’s psychiatric disability was attributable to his pre-existing mental state and that, in any event, plaintiff should be able to perform gainful employment, albeit not in the same industry (sales) as previously.
The matter settled for $1.825 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Leg fracture and mild traumatic brain injury leading to chronic depression
Name of case: Confidential
Court/Case no./Date: Confidential; Confidential; Jan. 18, 2013
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Step2 Recalls Ride-On Wagon Toys Due to Fall Hazard; Sold Exclusively at Toys R Us
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 13, 2013
Recall number: 14-020
Recall Summary
Name of product:
Step2® Whisper Ride Touring Wagon™
Hazard:
The removable blue seat backs can detach and allow the child in the wagon to fall out, posing a fall hazard.
Remedy:
View Details
Repair
Consumer Contact:
Contact Step2 toll-free at (866) 860-1887 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.step2.com and click on “Product Recall” for more information.
From the CPSC
Are you in need of a product liability injury lawyer?
Recall date: November 13, 2013
Recall number: 14-020
Recall Summary
Name of product:
Step2® Whisper Ride Touring Wagon™
Hazard:
The removable blue seat backs can detach and allow the child in the wagon to fall out, posing a fall hazard.
Remedy:
View Details
Repair
Consumer Contact:
Contact Step2 toll-free at (866) 860-1887 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.step2.com and click on “Product Recall” for more information.
From the CPSC
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