Category Archives: Personal Injury

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Supreme Court Sides with Goodyear Over Personal Injury Dispute


The Supreme Court handed down a unanimous decision today siding with Goodyear Tire & Rubber (GT) in a dispute regarding a $2.7 million payment the company and its lawyers were ordered to pay in a personal injury case, the AP reports.

An Arizona family injured in a 2003 motor home incident sued Goodyear after a tire failed on their motor home, causing it to flip off the road.

After settling the case in 2010, the family discovered the Goodyear hadn’t turned over key testing data.

The justices today sent the case back to a lower court to determine if  the family is entitled to the entire $2.7 million.

A federal judge said nearly all of the family’s attorney fees could be blamed on the misconduct. A federal appeals court agreed.

Read Full – https://www.thestreet.com/story/14090682/1/supreme-court-sides-with-goodyear-over-personal-injury-dispute.html

Judge tosses $1 billion taxi lawsuit over Uber law

Parents of two men on Jose Fernandez’s boat sue pitcher’s estate for $2 million each

The parents of two men on the boat with Miami Marlins pitcher Jose Fernandez when it crashed, killing all on board, are suing his estate, according to the Sun Sentinel.

Investigators haven’t said who was driving Fernandez’s boat in the early morning crash on Sept. 25, but when the “Kaught Looking” smashed into the stone jetty that protects the channel between the PortMiami and the sea, it took Fernandez, 24, his friend Eduardo Rivero and acquaintance Emilio Jesus Macias with it.

READ MORE: Everything seemed right in Jose Fernandez’s life. Then it all went wrong.

Families of Rivero, 25, and Macias, 27, are filing negligence and personal injury lawsuits in Miami for $2 million each, the Sentinel reported. Late last month, Fernandez’s mother petitioned to take over his estate, which is valued between $2 million and $3 million.

Their joint attorney, Christopher Royer, told the paper that Rivero’s family’s claim was filed Friday and Macias’ will be filed Monday.

“The Rivero and Macias families are deeply scarred by the loss of their sons,” Royer said in a news release on Friday. “We remain open to a settlement and are hopeful a prompt resolution can be achieved to spare these families, and that of Jose Fernandez too, from any additional suffering.”

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article132107764.html#storylink=cpy

Court awards record S$8.65m in personal injury claims to cyclist

SINGAPORE — The High Court has awarded S$8.65 million in damages to a cyclist struck by a bundle of overhead cables while riding on a pavement, in what is believed to be the largest payout in a personal injury claim.

While Ms Siew Pick Chiang’s physical injuries were “relatively minor”, the 42-year-old suffered serious post-traumatic stress disorder which saw her hospitalised up to 19 times over seven years after the accident, Justice Woo Bih Li said.

Apart from injuries on her head, face, neck, back and limbs, her memory and cognitive ability were impaired, the court heard. Ms Siew’s frequent meltdowns also disrupted various bodily functions, resulting in urine and faecal incontinence, irritable bowel syndrome and other health problems.

More than half of the payout (S$4.8 million) was to cover her future expenses for medical help and equipment and potential hospitalisation fees, a written judgment released last Thursday stated.

Ms Siew — who was cycling on a pavement along Pasir Ris Drive 8 on Oct 15, 2009 when the accident happened — sought to claim more than S$26 million for medical expenses, hiring caregivers to care for herself and her son who was born six months after the accident, loss of earnings, and taxi fares, among other things.

She launched the lawsuit against Hyundai Engineering & Construction Co Ltd in September 2012. The company was the contractor handling the cables that originated from its worksite.

Hyundai’s lawyer argued that Ms Siew’s “staggering” claim, 13 times the highest award of damages by a Singapore court for a personal injury claim, was a figure that “should give anyone pause for thought”.

The litigation process, which lasted almost four years, was singled out as an “important trigger” for Ms Siew’s stress, Justice Woo said.

Since the accident, she has been in and out of the hospital about 19 times, and remains warded at Mount Elizabeth Hospital since her last admission in February 2014.

Ms Siew, who ran a business providing pre- and post-natal services with her mother before the accident, was awarded S$1.08 million for loss of future earnings and S$4.8 million for anticipated future expenses.

Among the claims that were disallowed included expenses for separate caregivers for her son. There was no “documentary evidence” to support Ms Siew’s claims that part-time caregivers were indeed engaged to care for her son, Justice Woo said, adding that reports from doctors treating her showed that it was her mother who was taking care of her son, now aged six.

“(Ms Siew) submitted that her mother was suffering from stress from the constant worry over (her) … While such an argument might evoke some sympathy from the court, the point is that the plaintiff has to prove her case with evidence and not just rely on arguments,” Justice Woo said.

The judge also slashed her claims for hospital expenses, noting that she was staying in an executive room instead of an ordinary one for most days in the last admission, resulting in a higher charge of S$400 a day. “This was not justifiable,” he said.

The claims for hospital expenses were also inflated because of charges for food for her visitors and supplements and painkillers which “need not be dispensed by the hospital”, he pointed out.

Dennis Rodman facing criminal charges in July hit-and-run, prosecutors say

by James Queally Contact Reporter

Former NBA superstar Dennis Rodman was charged with causing a hit-and-run crash, lying to police and driving without a valid license after police say he drove the wrong way down the 5 Freeway in Santa Ana earlier this year, prosecutors said.

Rodman, who rose to prominence for both his bad-boy image and his role on several of Michael Jordan’s championship Chicago Bulls teams in the 1990s, is due in court early next year.

He was charged with four misdemeanors: causing a hit-and-run accident with property damage, driving across a highway divider, giving false information to police and driving without a valid license, according to a news release from the Orange County district attorney’s office.

Rodman, 55, could face up to two years in prison if convicted, prosecutors said. He will be arraigned in January.

Full Article – http://www.latimes.com/local/lanow/la-me-ln-dennis-rodman-charged-20161121-story.html