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September 19, 2012

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Man Blinded at Medieval Times Files Suit

8 New Civil Lawsuits Allege Priest Abuse, Cover-Up

Baby Deaths Linked to Infant Formula Additive, FDA Says

Beaumont Court of Appeals: Torts

Metra Settles Train Derailment Lawsuit

City Settles Suit over Man's Death During Blizzard

Fourth Suit Filed over Fatal Adult Care Center Fire

 

 

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Laws/Cases

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Man Blinded at Medieval Times Files Suit

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A South Dakota married couple has filed a $10 million lawsuit against novelty restaurant Medieval Times, claiming the husband was partially blinded when a shard of metal struck his eye during a mock sword fight. In the suit, the couple, who was sitting in the front row of the VIP section, said a small piece of one of the swords detached during the fight, striking Dustin Wiseman in his left eye, leaving him legally blind despite multiple surgeries. The suit accuses the restaurant chain of "fail[ing] to take proper precautions to protect its patrons."  Nicole Santa Cruz, LA Times  09/18/2012

Read Article: LA Times    

 

8 New Civil Lawsuits Allege Priest Abuse, Cover-Up

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Eight more priest-abuse lawsuits were filed Tuesday against the Archdiocese of Philadelphia and its priests, including a jailed monsignor who now says he was convicted of child endangerment following a sham abuse plea by a defrocked co-defendant. The civil lawsuits were filed by nine plaintiffs. Two spoke at a news conference, saying the abuse they suffered as children still haunts them and they wanted to go public to help other victims.  Associated Press, The Washington Post  09/19/2012

Read Article: The Washington Post    

 

Products

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Baby Deaths Linked to Infant Formula Additive, FDA Says

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Seven babies died after being fed an additive used to help thicken infant formula or breast milk, U.S. regulators said. The deaths were among 21 premature infants and one born full-term that developed inflamed intestines after they were given SimplyThick, the Food and Drug Administration said in a consumer update today. The product is a thickening gel designed to help premature babies swallow food and keep it down, said Benson Silverman, director of FDA’s Infant Formula and Medical Foods Staff.  Anna Edney, Bloomberg  09/19/2012

Read Article: Bloomberg    

 

TEXAS LAWYER CASE SUMMARIES

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Beaumont Court of Appeals: Torts

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A jury failed to find that the plaintiff suffered a trespass allegedly caused by the migration of subsurface wastewater. A landowner has a property interest in water, including briny water, beneath the tract's surface. That the petition alleged that the plaintiff did not consent to the trespass did not serve to reverse the legal burden of persuasion on the affirmative defense of consent. The trial court's judgment is reversed and remanded. FPL Farming Ltd. v. Environmental Processing Systems L.C., Beaumont Court of Appeals, No. 09-08-00083-CV, 09-13-2012.  Texas Lawyer, Texas Lawyer Opinions (TTLA Members Only)  09/19/2012

Read Article: Texas Lawyer Opinions (TTLA Members Only)    

 

Personal Injury

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Metra Settles Train Derailment Lawsuit

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Illinois' Metra transit agency has agreed to settle a lawsuit with a Chicago woman who was injured when a commuter train derailed in October 2003. The woman, who will receive a $1.8 million in the settlement, has undergone two lower back surgeries as a result of her injuries, and reportedly will need more procedures. Forty-five people were injured in the accident when the train sped through a switch on the track and derailed.  Wire Report, The Sacramento Bee  09/19/2012

Read Article: The Sacramento Bee    

 

Wrongful Death

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City Settles Suit over Man's Death During Blizzard

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The city of Pittsburgh has agreed to settle a lawsuit with the children of a local man who died during a 2010 blizzard when paramedics failed to reach his home. The lawsuit criticized paramedics for failing to do more to get to the victim's home and the city for not properly training emergency response crews. The details of the settlement were undisclosed.  Joe Smydo, Pittsburgh Post-Gazette  09/19/2012

Read Article: Pittsburgh Post-Gazette    

 

Fourth Suit Filed over Fatal Adult Care Center Fire

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The fourth wrongful death lawsuit has been filed over a fire at an adult care facility in Marina, Ala., that killed five people. The suit, filed by the family of one of the victims, claims the center did not have a sprinkler system installed and had failed to train its employees in proper evacuation techniques. The lawsuit is seeking actual and punitive damages.  Kevin Howe, Monterey County Herald  09/18/2012

Read Article: Monterey County Herald    


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