Personal Injury Law Update

Family of Wal-Mart Employee Trampled to Death by Shoppers on Black Friday Files Wrongful Death Suit

The family of the man, Jimmy Damour, trampled to death by shoppers at the Wal-Mart in Valley Stream, New York, on Black Friday, has filed a wrongful death lawsuit against the retailer, the mall, the local county, and the police. A coroner's report established that Damour died of asphyxiation (not a heart attack, as originally thought).

Subsequently, a local politician, James Gennaro, has introduced a "Doorbuster Bill", which would require malls and large retailers to take appropriate security measures when promoting major sales. The measures identified in the legislation included employment of security personnel trained in crowd control and holding retailers liable for any injuries to shoppers.

The Cost of Negligence: Save $1,500 to Spend $2 Million

Saw this story in the ABA Journal about a company that saved $1,000 to $1,500 by not installing guardrails around a platform at the top of a cargo elevator, as the original design called for, but then got hit recently with a $2.17 million verdict in a lawsuit filed by the widow of a man who died after falling about 20 feet from the platform while repairing the elevator. No surprise there. It's just sheer callousness to pinch pennies when a small expenditure could eliminate a major safety risk in a workplace.

Wrongful Death Lawsuit Filed After Fatal Crane Collapse

Another unfortunate crane accident. The family of an Illinois man killed in a crane accident has filed a wrongful death lawsuit against the contractors responsible for coordinating and inspecting work at the construction site where the accident occurred. The man was in the basket of an aerial lift when the crane's boom collapsed onto the basket.

The judge hearing the case issued orders providing the family’s counsel access to the work area and equipment involved in the accident, and prohibiting removal of the crane from the site and barring OSHA from altering, repairing or performing destructive testing of the crane and a 4-foot boom cable.

Jury Clears Cardiologist and Radiologist of Negligence in Diagnosis and Treatment of Actor John Ritter

We previously wrote about the commencement of testimony in the wrongful death lawsuit arising out of the untimely death of actor John Ritter. Last Friday, a jury cleared a cardiologist and a radiologist of negligence in the diagnosis and treatment of actor John Ritter who died of a torn aorta in 2003. The verdict was 9-3. This means there will be no damage judgment against the doctors. Eight other medical personnel and Providence St. Joseph Medical Center previously made settlements with the family totaling $14 million. See further details here and here.

Testimony Commences in $67 Million Wrongful Death Suit Filed by Family of the Late Actor John Ritter

Earlier this week, witnesses began testifying in the $67 million wrongful death lawsuit filed by the family of comic actor John Ritter against a cardiologist and radiologist who treated Ritter the day he died.

Ritter had been taping a TV show when he began complaining of chest pain and tightness, nausea, vomiting and dizziness. He was taken to a hospital across the street from the studio.

The lawsuit alleges that radiologist Matthew Lotysch misinterpreted the results of a body scan the actor had in 2001, and cardiologist Joseph Lee misdiagnosed the actor before he died that night of an ascending aortic aneurysm. The lawsuit alleges that "if proper procedures had been followed to diagnose and treat Mr. Ritter's symptoms, he would be alive and well today." The defendants contend that Ritter showed classic signs of a heart attack and received appropriate treatment. The case will turn largely on dueling medical experts.

Read stories here and here (reporting on testimony provided by Henry Winkler, f/k/a "The Fonz", who was with Ritter on the set the day he died).

Music Star Toby Keith and Family Win Wrongful Death Lawsuit

Numerous media sources reported at the end of 2007 that country music star Toby Keith and his family had won $2.8 million in a wrongful death lawsuit arising out of a truck accident in which Keith's father, H.K. Covel, was killed (see, e.g., stories here and here). The jury awarded the damages against the company that owned the bus that collided with Covel's truck. Keith and his family had alleged that Covel would not have died in the accident had the bus had been equipped with properly working brakes.

The loss of a family member often has lasting financial and emotional consequences. The wrongful death lawyers at D’Amore & Associates have experience working with grieving families to provide compassionate representation even while working aggressively to obtain the best result.

$12.5 Million Chicago Jury Verdict Sheds Light on How Jurors Measure Wrongful Death Damages

The TortsProf blog recently published an interesting post on the subject of calculating wrongful death damages. The case involved the admittedly wrongful shooting of a young man by a Chicago police officer. While the City of Chicago admitted liability (security camera tapes had shown the man to be unarmed and the police officer admitted he had not feared for his life when the victim approached him), but argued that damages should be measured by how much the victim, Michael Pleasance, would have contributed financially to the family had he lived. Both sides agreed that Pleasance had a learning disability, had never held a job for more than a few months, and had spent time in prison on a drug conviction. Based on those purely financial considerations, the City argued, damages should not exceed $1 million.

However, the attorney for Pleasance's family, Allen Schwartz, argued for a verdict of $32 million based on the terrible void the young man's death had left in the lives of his brother, Maurice, and his mother, Pamela. "They want you to think that this was just some worthless South Side kid whose life isn't worth as much as the rest of us," Schwartz bristled. "That is a path we must never travel."

In the end, the jury awarded $12.5 million. Juror Julio Castillo, 50, of Chicago said there was debate on how much to award in damages, but in the end the jury decided Pleasance's lack of a financial contribution to the family wasn't critical. "We decided that most of Michael's contribution to this family was in the area of ... companionship, love," Castillo said.

See the full story in the Chicago Tribune here.

National Safety Council Reports Accidental Deaths Increasing at Alarming Rate

Earlier this summer, the National Saftey Council reported that accidental deaths are increasing in America at an alarming rate, more than 20 percent over a 10-year period, reaching 113,000 deaths in 2005, according to the latest data available.

Some findings:

• Motor vehicle crashes continue to be the leading cause of injury-related death in the country. Driver behaviors including speeding, distractions and impairment, as well as not wearing seatbelts, contribute significantly to motor vehicle injuries and fatalities.
• Poisoning – particularly from overdoses of over-the-counter, prescription and illicit drugs – is now the fastest-rising cause of accidental death with a 5 percent increase last year alone.
• Deaths from falls rank third, with choking and drowning rounding out the top five.

The five leading causes of death account for 83 percent of all accidental deaths.

The loss of a family member due to accidental death often has lasting financial, monetary and emotional consequences. While no amount of money will make up for the loss of a family member, his or her loved ones have rights under wrongful death laws to hold the negligent party responsible and to recover damages. Compensation can often be fairly negotiated by experienced and compassionate attorneys. If trial is necessary, you should hire an attorney that is experienced. The wrongful death attorneys at D’Amore & Associates strive to minimize the emotional impact of a wrongful death trial and only go to trial when it is absolutely necessary in the interest of the family. We are compassionate, respectful and experienced. We can provide you with a free consultation concerning your case.