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Personal Injury
Raw dough eater settles suit
COLORADO SPRINGS, Colo. — A man who was hospitalized after eating raw take-and-bake bread dough from a Colorado Springs Walmart settled his lawsuit against the store and the dough’s baker. He had neglected to bake the bread before eating it, resulting in a three-day hospital stay as the dough expanded in his stomach.
27 ecstasy pills found in detainee’s cavity
CHICAGO — A federal court in Illinois declined to dismiss civil rights and negligence claims brought by the guardians of a woman who suffered permanent cognitive damage after allegedly overdosing while in police custody. The family claims at least 16 Chicago police personnel were aware that at least 27 ecstasy pills were inside the detainee’s vagina, but nobody sought medical treatment or warned jail personnel before she went into cardiac arrest hours later. The allegations plausibly show that reasonable officers would have understood the obvious risk of overdose.
Diddy survives Dawn Richard’s federal suit
MANHATTAN — A federal court in New York tossed Danity Kane girl group member Dawn Richard’s lawsuit against Sean “Diddy” Combs. Fifteen of her claims are time-barred, her two copyright claims fail because Diddy was a co-author of the song in question and the court declines to exercise supplemental jurisdiction over the first count for sexual assault. This last claim may be refiled in state court.
Supreme Court says bankruptcy paperwork error shouldn't knock out debtor’s injury suit
The high court considered whether an accidental bankruptcy nondisclosure could sink an Arkansas man’s personal injury lawsuit.
SF landlord accused of murdering tenant hit with civil lawsuit
The estate of Eric Bigone claims that Outer Sunset landlord Philippe Chagniot conspired with his wife to murder Bigone because he refused to vacate a property they were trying to sell.
Pardoned insurrectionist seeks nearly $18 million over pretrial detention conditions
The first person on Jan. 6 to breach U.S. Capitol grounds claims correctional officers viciously beat him to the point of losing consciousness.
Amazon workers had ‘no duty’ to help lone contractor
BATON ROUGE, La. — A federal court in Louisiana granted summary judgment to Amazon on a contract maintenance worker’s negligence, vicarious liability and premises liability lawsuit he filed after he “suddenly lost consciousness and began convulsing on the floor” while working alone in a warehouse. His fall activated a security alarm, but Amazon personnel were absent from their assigned positions, resulting in a half-hour delay in emergency aid, “during which time he repeatedly struck his head and back.” The Amazon employees had “no duty” to come to his aid and the court found no law governing a warehouse owner’s liability for “non-work related medal emergencies experienced by independent contractors on its premises.”
Blind patient turned away
CHICAGO — An Illinois federal court declined to dismiss disability discrimination claims brought by a blind man against a substance abuse treatment provider that allegedly denied him inpatient treatment because he was considered a liability. The man claims the denial caused him to relapse, worsened his depression and forced him to seek treatment at a less comprehensive facility. The amended complaint adequately alleges standing to seek both damages and injunctive relief.
Arrested retiree says Monterey detective knew he ‘got wrong guy’
A 75-year-old said his rights were violated after spending 13 days wrongly imprisoned.
$34M award largely persists after fatal crash
NEW ORLEANS — An appeals court in Louisiana overturned just $250,000 of a $34 million jury award against a cement truck driver, his employer and their Pittsburgh insurer after he rear-ended a family’s car outside of a daycare center. The accident resulted in serious injuries to the mother, her two sons, then ages 5 and 2, and the death of her 8-year-old daughter. The jury abused its discretion by awarding the father $250,000 for future pain and suffering because he was not involved in the crash. The rest of the jury’s $34 million award stands, including $3,050,000 for the father’s “mental anguish and emotional distress” from witnessing injuries to his sons and the death of his daughter.
Probation officer failed to protect battered woman
NEW ORLEANS — The Fifth Circuit reversed a Texas federal court’s dismissal of a Federal Tort Claims Act and negligence lawsuit filed by a woman who says her probation officer failed to take steps to protect her following her ex-boyfriend’s death threats. Her assailant was on parole from firearm, drug and assault convictions when he assaulted the woman for not picking him up after he left a reentry facility without permission. The officer’s failure to take minimal action was not protected by the discretionary function exception.