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February 21, 2012

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$1.75 Million Wrongful Death Award Upheld

Sexual Abuse Suit Filed Against Boy Scouts, Leader

Burn Victim Death Prompts Suit Against Apartment

Settlement Talks Pick Up Ahead of BP Oil Spill Trial

Doctors Win Redress in Online Defamation Suits

TX to Renew Bid for Millions in Alleged Farmers Insurance Overcharges

A Loss for Words: Head Injury at SXSW Changes Lawyer's Life

Houston's 14th Court of Appeals: Torts

Suit Filed Against Driver Who Caused Fatal Accident

Suit: Boat Race Producers Negligent in Racer's Death

 

 

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Laws/Cases

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$1.75 Million Wrongful Death Award Upheld

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The Alabama Supreme Court has upheld a $1.75 million jury award against Lanier Memorial Hospital in a wrongful death lawsuit. According to the lawsuit, in 2004 the hospital released a woman despite "an elevated white-blood cell count," and she died 16 hours later from septic shock. The hospital had requested a re-hearing of the 2009 case, and the verdict was upheld by the court.  Russell Hubbard, The Birmingham News  02/20/2012

Read Article: The Birmingham News    

 

Sexual Abuse Suit Filed Against Boy Scouts, Leader

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A Southern California couple has filed a lawsuit against the Boy Scouts of America, alleging their son was sexually abused by a troop leader in 2007. The lawsuit claims Boy Scout leaders told the mother they did not need to call the police when she reported the incident, and that the Scouts would "do their own internal investigation." Last month, a Santa Barbara Superior Court judge ordered the Scouts to turn over 20-years worth of files to the couple's lawyer the detailed allegations of sexual abuse by other Scout leaders.  Kim Christensen, LA Times  02/20/2012

Read Article: LA Times    

 

Burn Victim Death Prompts Suit Against Apartment

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A lawsuit has been filed against a Texas City apartment complex and its management company over an April 2010 fire that led to the death of a 52-year-old woman from third-degree burns. The lawsuit claims the fire started in the woman's apartment due to improperly configured electrical cords around the heating and cooling unit. The suit is seeking $25 million in damages.  Chris Paschenko, Galveston County - The Daily News  02/19/2012

Read Article: Galveston County - The Daily News    

 

Settlement Talks Pick Up Ahead of BP Oil Spill Trial

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With the start of the high-profile trial set for next Monday, and the specter of potential liability that some experts have estimated at $40 billion, BP and other defendants are stepping up negotiations to end the litigation before Judge Carl J. Barbier of Federal District Court picks up his gavel. harges from hundreds of civil cases from plaintiffs that include the United States government, state and local governments, and individuals and businesses have been consolidated in a federal courtroom here. Along with BP, defendants include Transocean, the owner of the Deepwater Horizon rig; Halliburton, the company that poured the concrete that lined the well; and Cameron International, which made the industry fail-safe device known as a blowout preventer.  JOHN SCHWARTZ, The New York Times  02/21/2012

Read Article: The New York Times    

 

Doctors Win Redress in Online Defamation Suits

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After years of legal battles, Dr. Albert Carlotti III won a $12 million defamation verdict against the former patient, Sherry Petta, in December 2011. The decision is one of two court victories won recently by doctors who say they were defamed online. An appeals court on Jan. 23 ruled that Duluth, Minn., neurologist David McKee, MD, may sue a former patient's son for defamation, reversing a dismissal by a trial court.  Alicia Gallegos, American Medical News  02/21/2012

Read Article: American Medical News    

 

TX to Renew Bid for Millions in Alleged Farmers Insurance Overcharges

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Farmers Insurance agreed recently to a national class-action settlement that included up to $90 million in restitution for its Texas customers for homeowners and auto rates that were too high, but a related case may once again be revived in the state. The Texas case — the first class-action insurance lawsuit ever filed by the attorney general’s office — stems from a homeowners insurance rate dispute between the state and Farmers that first flared during the 2002 governor’s race. Now, a spokesman for Texas Attorney General Greg Abbott says the state will pick up its class-action case, which was left pending for five years while the California litigation proceeded.  TERRENCE STUTZ, The Dallas Morning News  02/21/2012

Read Article: The Dallas Morning News    

 

A Loss for Words: Head Injury at SXSW Changes Lawyer's Life

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Last March, Austin lawyer Patrick Fagerberg realized he'd lost the ability to use the only part of his body that really matters in the legal profession: his brain. While attending the SXSW music festival in Austin, a large piece of camera equipment fell on Fagerberg's head during a concert. He was patched up at a local emergency room, he says, but two to three days later he began having trouble forming sentences and organizing his thoughts. And then there was his career. Patrick says he was diagnosed with a traumatic brain injury and he never returned to work. After more than 13 years as an attorney, he shut down his law practice on the advice of his doctor and handed all of his clients' cases over to his lawyer-brother. Then Patrick did something else he thought he'd never do: He hired a plaintiffs lawyer to file a personal-injury suit.  John Council, Texas Lawyer  02/21/2012

Read Article: Texas Lawyer    

 

TEXAS LAWYER CASE SUMMARIES

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Houston's 14th Court of Appeals: Torts

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A sheriff sued the city of Houston for injuries he received when he was bitten by a trained police dog owned by the city. The trial court denied the city's plea to the jurisdiction but granted summary judgment in the city's favor. The consent to suit found within the Texas Tort Claims Act is sufficient to waive immunity. If a police officer is using a dog and is engaged in investigating a case, detecting crime, or searching for contraband, fugitives or missing persons, then the use of the dog is discretionary. The trial court's judgment is reversed and remanded. City of Houston v. Jenkins, Houston's 14th Court of Appeals, No. 14-11-00091-CV, 02-14-2012.  , Texas Lawyer Opinions (TTLA Members Only)  02/21/2012

Read Article: Texas Lawyer Opinions (TTLA Members Only)    

 

Wrongful Death

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Suit Filed Against Driver Who Caused Fatal Accident

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A lawsuit has been filed against a driver and his employer for a fatal car accident in Des Moines, Iowa, in 2000. According to the suit, the driver ran a red light in a company vehicle at a local intersection, hitting another car containing four elderly women. The suit accuses the driver of "willful and wanton disregard for the safety of others."  Jeff Eckhoff, DesMoines Register  02/20/2012

Read Article: DesMoines Register    

 

Suit: Boat Race Producers Negligent in Racer's Death

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A wrongful death lawsuit has been filed against the producer and medical directors of the Key West Super Boat World Championship after a powerboat racer was killed during one of the events. According to the lawsuit, the racer's boat flipped over on a turn and the man was trapped inside. The medical doctors for the event sent two "untrained, inexperienced and ill-equipped volunteers" to try and rescue the man instead of nearby dive paramedics in an effort to reduce costs. By the time the volunteers reached the boat, the man had drowned, the suit says.  Susan Cocking, Miami Herald  02/20/2012

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