August 2009 | Frenkel & Frenkel
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Aug 28
2009
A Texas jury on Thursday ruled in favor of Yamaha Motor Co. in a lawsuit over alleged design defects that plaintiffs claimed caused the death of a 13-year-old boy. In the verdict, jurors found that the Yamaha Rhino all-terrain vehicle was not to blame for the death of Forest “Eddie” Ray. The Rhino is currently the subject of about 500 lawsuits nationwide. Sophia Pearson and Rogayle Franklin, Bloomberg 08/28/2009 Read Article: Bloomberg In the above case the jury found that the Rhino ATV was not to blame for the tragic death of the 13 year old boy. There are hundreds of cases against Yamaha...
Category: 
Wrongful Death
Aug 26
2009
Hotel Negligent in Death of Football Player A jury has awarded $3.8 million to the family of a former Alabama State University football player who died after an incident at a hotel swimming pool. The lawsuit alleged that employees at the Rodeway Inn in Montgomery allowed 19-year-old Derrick Marshall to use the pool even though it had been shut down by the county health department. It took more than 10 minutes to find Marshall after he began drowning in the cloudy water, family members said. Marshall was left in a vegetative state and died several months later. Scott Johnson, The Montgomery...
Category: 
Negligence
Aug 25
2009
Falling Light Poles Prompts Safety Alert Federal safety officials are warning the owners and operators of lighted outdoor fields to inspect light poles following the failure of more than a dozen poles designed by a Texas company. The U.S. Consumer Product Safety Commission said its investigation into poles designed and sold by Whitco Co. LP is not yet complete but felt it necessary to issue a nationwide alert. Incidents of Whitco-manufactured poles falling have been reported in Texas, Kansas, South Dakota, Mississippi and Massachusetts. Eric Dexheimer, Austin American Statesman 08/25/2009...
Category: 
Personal Injury
Aug 21
2009
$22.8M Settlement Reached in Overtime Suit A class-action lawsuit alleging workers were misclassified so they would not receive overtime pay has been settled for $22.8 million. Thousands of Cintas delivery drivers affected by the company’s policy will share the settlement. The parties reached the settlement through arbitration; it must now be approved by the court. Associated Press, LA Times 08/20/2009 Read Article: LA Times Employers often try to classify employees in such a way as to avoid paying overtime. This can be classifying someone as salary whom should be an hourly employee. Also...
Category: 
Settlements
Aug 20
2009
Debt-Collection Agencies Sued Over Tactics Three operators of multiple debt-collection agencies were sued by New York Attorney General Andrew M. Cuomo in an attempt to shut down the companies over illegal tactics. Some of the practices detailed at a press conference announcing the suit included insulting victims, threatening victims with immediate arrest while pretending to be law officers and calling everyone in the phone book with the same name in an attempt to receive payment. In some cases, victims paid the agencies even when they did not owe anything just to stop the harassment. Diana...
Category: 
Abuse
Aug 19
2009
Nissan Motor Co., LTD’s request for a new trial in a case where a jury awarded $1.85 million to the plaintiff was denied by U.S. District Judge Leonard Davis. The jurors found that Rebecca Perdue’s injuries were caused by a structural design defect in her Nissan Pathfinder, and not simply by the car wreck or negligence of the other drivers. In refusing the motion, Judge Davis upheld the jury’s finding. Casey Knaupp, Tyler Morning Telegraph 08/19/2009 Read Article: Tyler Morning Telegraph

Often those with serious injuries or fatalities in car wrecks don't consider the fact that there may be...

Category: 
Company Recalls
Aug 11
2009

We have had several cases where children have been injured in daycare facilities. Some have been neglected or abused, others hit or beaten by other children due to a lack of supervision. Here is an article regarding a case like this today: A Florida jury has awarded $3 million to a boy whose leg was broken by a KinderCare day care employee. Media reports note that child protection authorities had repeatedly cited KinderCare for violations at five of its Pinellas County locations. The employee involved in the incident has since pleaded no contest to felony child abuse. The award includes $2...

Category: 
Abuse
Aug 05
2009

Drug Makers Agree to Settle Vytorin Suits Merck and Schering-Plough have agreed to pay a combined $41.5 million to settle more than 100 lawsuits filed by consumers and health plans over the cholesterol drug Vytorin. According to the lawsuit, the companies conspired to delay the release of studies that showed the drug to be no more effective than less expensive drug that had been on the market for years. Earlier this year, the companies agreed to pay $5.4 million to settle claims by 35 state attorneys general. Lewis Krauskopf, Reuters 08/05/2009
Category: 
Medical News
Aug 01
2009

Wrong way crash on I20 in Dallas kills three.