As I read the corporate blather this month about tort reform, I am reminded of a case I tried in May and June of 2001. It was about Bill Modestino, Jr. a courageous young man and hemophiliac that...
It has long been the law in Massachusetts, and in many other states, that if your dog causes injury, you are liable regardless of whether or not you were negligent. This is called strict liability...
Ground beef patties sold under the Shaw's supermarket label, were recalled yesterday. According to Fairbank Farms, the company that sells the beef to Shaws, packages with the tainted beef could have been purchased in New England between 7 a.m. - 11 a.m., on Wednesday, September 5, 2007. The 85% lean beef was sold in 1.33 pound packages with the establishment number "Est. 492. The beef was...
A woman injured in a slip and fall accident has filed a personal injury lawsuit against Kroger and the store manager. The suit alleges the manger allowed a "slip hazard to remain on the floor without any warning." The suit alleges negligence by the defendants for allowing dangerous conditions to exist and for "failing to provide adequate seating so its patrons can safely seat and dine."She is...
Underscoring the continued hazards to children, created by poorly designed toys, Hasbro recalled its Easy Bake Oven. Nearly a million of the toys have been manufactured. The oven is intended for young children. It is a small plastic replica of a real oven, electrically powered, that heats up internally to as hot as 400 degrees farenheit! No surprise - children have been getting burned - and...
The Marshall University Board of Governors has been named in a slip-and-fall lawsuit filed by a woman that fell on Marshall's Huntington Campus.The woman, along with her husband, filed the lawsuit, June 8, in Kanawha Circuit Court, naming the Board of Governor's of Marshall University as the defendants. The suit claims on September 8, 2005, the woman was walking on campus nearby the entrance of...
This is another in a series of postings on the topic of Am I my brother’s keeper? (Genesis 4:9) Today’s question is Am I liable if someone becomes intoxicated at my house, departs and...
AutoZone, a popular automobile parts company, was named in a slip and fall lawsuit, filed in Jefferson County District Court, on March 19.The plaintiff claims the company failed to inspect and maintain the premises or provide warning signs, resulting in her slipping and falling in a puddle of water.The plaintiff was shopping at the Lucas AutoZone, on July 27, 2007 when she slipped and fell in a...
The FDA released an 'early communication' to the public of an ongoing safety review regarding the drug class bisphosphonates due to potential atrial fibrillation with the use of this class of drug. The agency has requested that further data be obtained in order to assay the merits of the tendency.Bisphosphonates are a class of drug prescribed by physicians to treat osteoporosis. These...
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