Washington Personal Injury Blog - Property Owner's Liability (Slip & Fall)

Lawsuit Over Taser Use on Epileptic Settles for $90,000

Jenny Albano — Wed, 23 Jan 2008 18:55:37 GMT

A lawsuit for tasing and punching a man who had just had an epileptic seizure has been settled for $90,000. In addition, the settlement mentioned a new policy on Taser use in Lakewood in the $300,000 lawsuit brought against the municipality, the police department, Chief Larry Saunders and four other officers.

According to Lt. David B. Guttu, the Taser policy changes listed in the settlement were not a direct result of the case. Under the new policy officers have to consider whether someone might have a medical condition, such as multiple sclerosis, muscular dystrophy or epilepsy, before using a taser on the person.

The case arose after Grider, 63, had a seizure and passed out at the auto parts store where he worked as a clerk. A co-worker called 911, an emergency medical crew was dispatched and the medics requested police aid, saying Grider had regained consciousness and was aggressive and threatening, according to a report by Officer Reynaldo Z. Punzalan.

The police report stated that Grider wouldn't let the medics check him and resisted when the police officers tried to calm him and tell him he needed medical attention. He also continued to resist when he was stunned with a few 50,000 volt bursts. After this, Punzalan punched Grider in the face, handcuffed him, and had medics take him to the hospital. No criminal charges were filed against either party.

Grider claims that he told medics he didn't need to go to the hospital and had made plans to get a ride home. He stated that he had seizures occasionally that he quickly recovered from without problems and did not need medical care.

But according to a police report, "Fire Department personnel told us they have dealt with Grider before, and he got very violent that time as well ... they also told us he had to get medical help."

Hostile behavior is not unusual when someone is recovering from a seizure, according to an Epilepsy Foundation report entitled Inappropriate Response to Seizures. "Accordingly, restraint of persons soon after a seizure may exacerbate or precipitate combativeness the opposite of the intended result," according to the report.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Breach of Trust and Confidence

Michael Myers — Tue, 04 Dec 2007 10:05:59 GMT

A female patient of Dr. Chris Woodja, a dentist who practiced in the Shoreline area, was found heavily drugged and half-naked in his office on October 17th.

The patient had come in for treatment of an abscessed tooth. Reportedly, Woodja had contacted the patient's roommates prior to the appointment and requested that the patient bring "the additional four tablets of Triazolam" he had prescribed to the office. Triazolam is a sedative.

When the patient's roommates arrived at the office to take her home they observed her wandering around in only a tank top and clearly drugged.

She was so over-medicated that she doesn't remember anything of the incident. She was taken to Harborview Medical Center for treatment.

In 1999 Dr. Chris Wodja was charged with misdemeanor assault and battery of a 16-year old girl.

This case bears a striking resemblance to the cases we're handling for former patients/clients of Drs. Greenberg and Kamson. It's difficult to imagine a situation more egregious than when a physician or other doctor takes advantage of the trust and confidence put in him and misuses that trust and confidence to gratify his prurient sexual desires or financial avarice.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Michael Myers

Prevent Dog Bites this Holiday Season

Chrissie Cole — Mon, 26 Nov 2007 22:31:31 GMT

Many emergency rooms see an increase in dog bite injuries over the holiday season. Over 4.7 million victims suffer dog bites each year and those numbers rise during the holidays, according to the Humane Society.

Tips for Preventing Dog Bites

Most dog bite victims are children. Dogs can become stressed with large amounts of people such as during holiday parties. If a dog feels threatened, especially by small children, their only defense is to bite.

If you are hosting a holiday party, have a kenneling device available - whether it is a dog crate or an empty room that your visitors will not be entering. It is best to contain your dog, not only for your visitors safety, but your dog will feel more secure.

Animal experts say dog bites are not caused by bad dogs, but by irresponsible dog owners. Make sure your dog feels safe this holiday season and in turn keep all visitors and families members safe.

While most dogs are beloved members of the family, it is important to keep in mind that they are still animals and therefore should never be left alone with small children or loose during large gatherings.

Originally posted at InjuryBoard by Chrissie Cole

Foundry Explosion Highlights Importance of Seeking Workers

Michael Myers — Tue, 09 Oct 2007 08:18:40 GMT

Last Saturday afternoon an explosion at a Tacoma foundry caused a massive fire, closed a major highway and sent four people to the hospital. The fire at Atlas Castings & Technology was started when a delivery truck carrying 8,000 gallons of propane exploded at the foundry and caused a fire in a nearby propane tank.

The explosion was described by witnesses and police as like a bomb going up. The flames of the fire reportedly shot up as high as 1,000 feet in the air, and police were still struggling to contain the fire late into Saturday night.

The four people injured as a result of the explosion included three foundry workers and the driver of the delivery truck that exploded. The driver was transported to Harborview Medical Center with serious injuries. One foundry worker suffered facial burns and the other two suffered leg and knee injuries.

The horrible explosion made me think about the families of the injured workers. The workers and their families are entitled to workers compensation benefits through the Department of Labor and Industries. But workers compensation benefits are rarely adequate and many people think if they're injured at work they can't bring a personal injury claim.

This view is inaccurate. While they may not be able to sue their employers or co-workers for personal injuries, they can bring personal injury claims against, for example, workers from other companies that cause their injuries.

For more information on this subject, please refer to the section on Workplace Injuries and Workers Compensation.

Originally posted at InjuryBoard by Michael Myers

Releases are Narrowly Construed--Health Clubs and Recreational Equipment Providers Exposed to Liability

Michael Myers — Thu, 04 Oct 2007 15:33:42 GMT

Gyms are notorious for making their members sign "releases". So are sports leagues and places that rent recreational equipment. But these releases don't provide immunity for all injuries. In fact, they only provide immunity for injuries incurred under a narrow set of circumstances.

This point was illustrated by the Alaska Supreme Court in the case of Moore v. Hartley Motors. It held that despite signing a release of claims for "all bodily injuries and property damage arising out of participation," a woman could still sue for an accident that occurred in an all-terrain vehicle (ATV) training class.

In 2001 a woman sued the instructor of the ATV class, the owner of the property where the class was held and the creator the classes' curriculum after she accidentally drove her ATV off the course and hit a rock that was hidden behind some tall grass.

The decision, made by the Alaska Supreme Court, stated that "the release does not discuss or even mention liability for general negligence. Its opening sentences refers only the unavoidable and in inherent risks of ATV riding, and nothing in its ensuing language suggests an intent to release [the defendants] from liability for acts of negligence unrelated to those inherent risks."

There are two big points here: (1) releases are narrowly construed and (2) don't pre-judge your claim--if a claim might exist, speak with an attorney...don't pre-emptively dismiss your own case by saying, "I signed a release, I probably don't have a claim."

For more information on this subject, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Michael Myers

San Diego Diocese Pays $198 million in Sexual Abuse Cases

Michael Myers — Mon, 01 Oct 2007 16:34:10 GMT

On September 7, 2007, The Roman Catholic Diocese of San Diego agreed to pay over $198 million to 144 alleged victims of sexual abuse by clergy.

Earlier this year, the diocese abruptly filed for bankruptcy protection just hours before trial was scheduled to begin on 42 lawsuits alleging sexual abuse. Bankruptcy could shield the diocese's assets, but a judge recently threatened to throw out the bankruptcy case if church officials didn't reach an agreement with the plaintiffs.

The Diocese of San Diego, with nearly 1 million Catholics and holdings throughout San Diego County, is by far the largest and wealthiest of the five U.S. dioceses to have filed for Chapter 11 bankruptcy protection under the shadow of civil claims over sexual abuse.

This is the second-largest payment by a diocese. The largest payment was from the Los Angeles Archdiocese, which settled 508 cases for $660 million in July.

Originally posted at InjuryBoard by Michael Myers

Pool Company Found Negligent in Wrongful Death Lawsuit

Michael Myers — Fri, 28 Sep 2007 11:00:42 GMT

On September 25th the parents of a 5-year-old boy who drowned last year at Crofton County Club in Anne Arundel County were awarded more than $4 million in damages.

The judge ordered DRD Pool Service Inc., the county club's management company, to pay Thomas Free and Debra Neagle Webber $2,000,076 each. The $76 serves as a symbol of Connor Freed's July 6th birthday. DRD was found negligent for failing to adequately train its lifeguards and properly staff the pool.

On June 22, 2006, when Conner was found floating in the Crofton County Club pool, a 16-year-old lifeguard who had been on the job for three weeks was on duty. Currently, in Anne Arundel County only one lifeguard is required for every 50 swimmers.

Conner was at the pool with a family friend, Paul Carroll, and two other children. The jury did not award a judgment against Carroll who had also been name in the wrongful death lawsuit.

Conner's parents have started a foundation in their son's honor called Conner Cares. The foundation works to create standardized and more stringent safety requirements at public pools.

Drowning is one of the most, if not the most, preventable cause of childhood deaths. Businesses and facilities that fail to properly supervise children should be held accountable.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Michael Myers

State Pays $2.5 Million for Rape of Mentally-Ill Woman

Chelsea Gilbert — Wed, 19 Sep 2007 08:00:23 GMT

A $2.5 million dollar settlement was reached on Tuesday to settle the claims of a mentally-ill woman who was raped while she was a patient at Eastern State Hospital in 2004.

$1.5 million of that settlement will go towards the victim's future care, an amount declared "reasonable" by Jerry Cartwright, the assistant attorney general who represented the state, considering the amount of care the woman requires.

The remaining $1 million will be split between her two attorneys.

The mentally-ill woman was raped by former employee of Eastern State Hospital, Guy M. Johnston, while she was a patient there. Johnston has since been convicted of the rape and is serving time in prison.

The conviction made challenging the victim's claims in court a potentially costly choice, said Jerry Cartwright.
"The risk of a large jury verdict against the state and the department is pretty apparent. The settlement and the amount, after all was said and done, seems to be a reasonable amount given what (the victim's) future care is going to be," he said.

Jim Stevenson, a spokesperson from the Department of Social and Health Services, the agency that runs the Eastern State Hospital, said "It was a regrettable incident...We don't want it to happen again, and we certainly hope we'll be able to prevent it from happening again."

However, when asked, Stevenson declined to say whether any of the hospital's policies had been changed or any new policies implemented as a result of the incident in question.

Infant Falls 20 Feet from Bleachers, Listed In Critical Condition

Michael Myers — Wed, 19 Sep 2007 07:32:01 GMT

During a high school soccer game at Toppenish Middle School a 5-month old baby girl fell 15 to 20 feet from the bleachers to the ground below. The baby suffered a head injury and was taken by ambulance to Yakima Valley Memorial Hospital then airlifted to Harborview Medical Center where she was listed to be in critical condition.

Police said a relative was baby-sitting the child during a high school soccer game at A.C. Meagher Field and had her in a car seat when the infant was bumped somehow about 7:30 p.m. Tuesday.

While typically children cannot bring actions against their parents (except in motor vehicle accidents and where their parents are grossly negligent (or have intentionally harmed them)), they can bring actions against caregivers in situations like this (or against the person who caused the car seat to fall).

Originally posted at InjuryBoard by Michael Myers

Gig Harbor Woman Mauled in Pit Bull Attack

Mark McLean — Fri, 24 Aug 2007 13:39:27 GMT

Sue Ann Gorman of Gig Harbor was mauled by two pit bulls in her home Tuesday morning. The pit bulls entered the house through an unsecured pet door in Ms. Gorman's home. Ms. Gorman was sleeping beside her neighbor's Jack Russell Terrier, Romeo. Romeo was killed and Ms. Gorman was severely injured in the attack.

She said she tried to protect Romeo and, in doing so, suffered wounds that will require multiple surgeries.

The pit bulls were owned by another of Ms. Gorman's neighbors. Apparently, this was not the first of the pit bulls' attacks.

Under Washington law, dog owners are strictly liable for injuries caused by pets. Also, the Washington legislature intelligently abolished the antiquated law that "every dog gets one free bite." Liability for a dog attack is often covered under the owner's homeowner's insurance policy--which would help victims of such attacks recover on a potential judgment or settlement.

Originally posted at InjuryBoard by Mark McLean