Alabama Injury Attorneys Blog

A $322 million dollar verdict was awarded this month to a Mississippi man with severe asbestosis caused by asbestos exposure while mixing drilling mud. The jury awarded $22 million in actual damages and $300 million in punitive damages against the manufacturers of the drilling mud.

Asbestos exposure has dangerous consequences, but many people continue to be exposed. The Daily Show recently did a comedy segment about a town called Asbestos, Quebec where asbestos continues to be mined and sold.

Exposure to asbestos can cause mesothelioma, lung cancer, and asbestosis.

Asbestosis often appears years after exposure to asbestos. Its symptoms include shortness of breath, coughing and chest pain, and finger deformity.

Mesothelioma, a specific type of lung cancer caused by asbestos exposure, can be a frightening diagnosis. There is good news, though, because research has led to more promising treatment options. Doctors focus on finding the optimal combination of treatment options, and researchers are coming up with new treatments all the time. A study completed this year has even identified the benefits of curcumin, an extract from the spice turmeric, in fighting this disease.

Continue reading "Asbestos Exposure Results in Multi-Million Dollar Verdict" »

The family of Lucas Tang has filed a wrongful death lawsuit after his untimely death back in November. The 2-year-old fell some 30-50 feet from a third level luxury skybox at the Staples Center during a Lakers games. According to the wrongful death suit filed this past Tuesday, Anschutz Entertainment Group and L.A. Arena Co. failed to warn fans about the dangers associated with the luxury sky boxes thus causing the child's fall.

Tang's autopsy revealed the death was an accident, however, he a suffered massive head injury. According to the personal injury attorney representing the family, the purpose of this lawsuit is to prevent a similar child related accidents from occurring at the Staples Center. The wrongful death lawsuit also contends that "in order to obtain the highest price possible for use of the luxury boxes, the Staples Center designed and maintains the luxury boxes in a dangerous condition."

Code regulations require guardrails to be at least 26 inches high. The Staples Center maintains a 16 inch high concrete barrier topped with a 10 inch glass shield, so for all practical purposes it is in compliance with code regulations. The lawsuit also filed an injunction requiring an installation of taller barriers by way of preventing any future child injuries from occurring.

Continue reading "Fatal Child Accident Prompts Wrongful Death Lawsuit" »

The ex-husband of Jessica Harris has filed a wrongful death lawsuit after the she fell from the top deck of Roxy's Pub in Palm Beach. According to police, 39-year-old Jessica Harris climbed over the security rail around 1:30 a.m. before falling two stories to the ground. Investigators are still examining the accident scene to determine if the fall was accidental or intentional.

Brian Harris, the ex-husband of the deceased, has filed a wrongful death lawsuit against the night club alleging that adequate railing would have prevented this accident. Harris filed the lawsuit on behalf of the couples two children ages 10 and 7.

Continue reading "Wrongful Death Lawsuit Filed After Woman Falls From Rooftop Bar" »

Personal Injury Ken Riley from the law firm of Farris, Riley & Pitt, LLP is scheduled to speak at the upcoming Alabama Association for Justice Summer Convention this June. Mr. Riley will be holding two break-out sessions discussing Auto Litigation and the

The deadly pipeline explosion accident that killed eight people in San Bruno last year has prompted another lawsuit in San Mateo County. The family of James Franco, has filed a wrongful death lawsuit against Pacific Gas & Electric Co. claiming poor maintenance and construction lead to his untimely death. The personal injury attorney representing the family is claiming unspecified damages and seeking a jury trial. PG & E already faces dozens of lawsuits from the explosion on September 9, 2010.

Continue reading "Deadly Pipeline Explosion Prompts More Lawsuits" »

DePuy Orthopedics Inc. part of the Johnson and Johnson Family announced a voluntary recall of two of their Hip Replacement Systems, the ASR XL Acetabuler System and the ASR Hip Resurfacing System back in 2010. The recall, instituted in August almost a year ago, came after an alarming number of complaints and a high number of revision surgeries (a second surgery to repair the first implant surgery). A five year study also indicated the failure rate of the DePuy Hip Replacement affected about 12% (1 in 8) patients who received the ASR Hip Resurfacing device and 13% (1 in 8) patients who received the ASR XL Acetabular System, requiring them to have a revision surgery.

The DePuy Hip first became available in the U.S. in 2005, but since 2008 the Federal Drug Administration (FDA) has received over 400 complaints from people who received ASR hip implants.

In the six years that the DePuy Hip Implant has been marketed, it was implanted in about 93,000 patients. Since most of the defective DePuy Hip devices were manufactured in July 2003 there is a high probability that anyone who received a hip replacement on or after this date might be subject to the DePuy hip recall. If you had hip replacement surgery before July 2003 you are not subject to this recall.

According to DePuy Orthopedics reasons for the failure include loosening of the implant, fracture, infection, dislocation, fracturing of the surrounding bone, and metal sensitivity.

The first lawsuit against DePuy Orthopedics was filed in June 2010, claiming defective design. Since then, their have been several class actions lawsuits filed against DePuy Orthopedics both nationally and in the state of Alabama.

Continue reading "DePuy Hip Implant Recall" »

A Greenville County Jury awarded Xavier Massey a $4.4 million verdict against Duke Power Co. in a negligence lawsuit.

Massey, then 13, was involved in a one car accident back in 2006 where he hit a utility pole during a rainstorm. Massey was a passenger in the vehicle at the time of the accident. He emerged from the SUV unhurt only to be electrocuted by power lines. When Massey stepped out of the SUV, high voltage surged through him and burned 4% of his body. It also burned off parts of both of his feet and left wounds on his hand and elbow. Upon impact to a utility pole, the power lines are designed to immediately shut down. Two of the three power lines were shut down, but the power remained on in third one and electrocuted Massey.

The high-voltage electrocution injury required him to have several toes amputated and will require him to have numerous surgeries. According to the Burn Attorneys representing Massey, his medical costs alone totaled $600,000 and he faces another $3million if long tern life-care costs.

The Electrocution and Burn Injury Attorneys stated that a key factor in winning Massey's case was "countering to corporate policy." According to the power company's policy, once a non- employee is injured in an electrocution accident; notice is sent to corporate litigation in anticipation of a potential lawsuit. The corporate litigation department then dispatches a claims agent to the accident scene the so everything is "kept under the umbrella of an attorney." Ideally this protects the company from disclosing any information since it is in anticipation of a litigation.

Massey's personal injury attorneys said that the problem with the power company case was if the threat of litigation was imminent- as Duke's witness said it was on the stand- then they had a duty to preserve the evidence which they failed to do.

In Massey's complaint, he alleged that Duke's safety systems failed. Upon impact, the power lines should have shut down, as required by the National Electrical Safety Code. Two lines containing 65-amp fuses lines shut down, as designed, but the third line was believed to have contained a larger fuse and therefore never went out.

The power company failed to keep either of the 65-amp fuses and left the third power line where it was for five years. When it came time for trial, Duke had little record keeping of when the fuses where changed and under what circumstances prompted them to be changed. They also had no documentation and no preservation of evidence.

The power company denied that allegation that they were negligent. They also claimed that Massey should be barred from any financial recovery because he was more than 50% responsible for his injuries. The jury, however, ruled in favor of the plaintiff, Xavier Massey and found him 0% at fault. They returned the multi-million dollar verdict in his favor.

Continue reading "Electrocution Injury Prompts Multi-Million Dollar Verdict- Teenager Awarded $4.4 Million" »

The California Court of Appeals has recently upheld a $4.3 million jury verdict against Aussie Hair Mogul, Thomas Redmond, for infecting a woman with genital herpes.

The personal injury lawsuit was originally filed by Patricia Behr of Palm Springs back in 2005. In 2009, the jury returned a $6.7 million verdict to Behr citing that Redmond "violated his duty to protect Behr." It is a misdemeanor in California to infect a person with an infectious disease.

The Court of Appeal lowered the amount to $4.3 million while still upholding the verdict. The ruling announced earlier this week found Redmond financially responsible for $1.575 million in compensatory damages and $2.75 million in punitive damages.

According to the California Court of Appeals, "Redmond negligently or intentionally misled Behr into believing there was no risk of getting herpes. As such, there is sufficient evidence to support the jury's findings that Redmond was negligent and fraudulently concealed from Behr the risk of contracting the disease."

The personal injury attorneys representing Behr, alleged that both Redmond, 77, and Behr, 20-years his junior, had open communication before engaging in intercourse. However, Redmond never disclosed this information to her. According to Redmond's filing, he contracted herpes 30 years ago, has never transmitted the disease, and discussed it with Behr prior to intercourse.

Redmond's attorney plans to appeal this to the California Supreme Court, which from there has 90 days to accept or deny the case.

Three women have been arrested and charged for abusing a 78-year-old woman at a local nursing home facility in Haverford, PA.

After hearing complaints of alleged nursing home abuse from his mother-in-law, Lois McCallister, Paul French secretly installed a nanny cam inside the McCallister's room at Quadrangle Retirement/Nursing Home Facility. What Paul and his wife Mary French would find would be horrifying.

The nanny cam recordings on March 31st would later reveal staff taunting and tugging at the ears of the 78-year-old victim and screaming in her ear. One employee was caught striking the victim across the face and head, while another was caught harassing her while she was topless. A third incident shows a nursing home staff member poking the victim in the eye. The same three women, Samirah Traynham, Ayesha Muhammad, and Tyrina Griffin, were responsible for all recorded instances of nursing home abuse.

The nursing home initially denied allegations of abuse and attributed it to McCallister's dementia stating the claims were "unfounded." However, the three women taking care of McCallister (Traynham, Muhammad and Griffin) were later arrested, and charged with aggravated assault, criminal conspiracy, neglect of care-dependent person, harassment and recklessly endangering another person.

The CEO of Sunrise Senior Living, which operates Quadrangle, has since announced that this was an isolated incident, however, the district attorney didn't rule out that other staff, including high level administration, could face charges of nursing home neglect.

Continue reading "Nursing Home Abuse Caught On Tape" »

The following information was adapted from the Alabama Association for Justice Tornado Assistance Reference Guide and www.fema.gov.

Frequently Asked FEMA Questions

FEMA DISASTER CENTERS- There are currently 38 counties designated for FEMA disaster assistance and 11 disaster centers open in Alabama.

1. Bessemer -Union Hill Baptist Church
2. Coaling- Coaling Town Hall
3. Cordova- Cordova High School
4. Cullman- 1701 Second Ave. Southwest
5. Fultondale -Old Ashley Furniture Store
6. Geiger- Geiger Town Hall
7. Linden -National Guard Armory
8. Rainsville -Tom Bevill Center
9. Russellville- Parks and Recreation Center
10. Tuscaloosa - 951 26th St. East
11. Warrior -National Guard Armory

FEMA disaster assistance is provided to individuals in the following categories:
1. Disaster housing
2. Disaster grants
3. Low-interest disaster loans
4. Crisis counseling, unemployment, legal aid, income taxes, VA benefits and SS benefits

FEMA does not cover losses to anyone covered by private insurance. Individuals have up to 12 months to submit insurance information for review.

However, FEMA disaster assistance is available to individuals who have insurance and who have filed claims with their insurance companies if
1) the insurance settlement is delayed
2) the insurance settlement is insufficient to meet disaster-related needs
3) insured has exhausted all additional living expenses provided by their insurance company
4) insured is unable to locate rental resources in their county

FEMA disaster assistance includes the following for Housing Needs:
1) Money for temporary housing or government-provided housing when rentals are not available.
2) Money for repairs to primary residence not covered by insurance
3) Money for a home destroyed not covered by insurance
4) Money or assistance for the construction of a home in the area where the damage occurred or in a remote location

FEMA Housing Needs Assistance is available if:
1) The applicant is unable to live in or cannot get to his/her home
2) The home requires repair b/c of damage from the disaster
3) The applicant or someone living with the applicant is a U.S. citizen, a non-citizen national or qualified alien.

FEMA DOES NOT cover losses to secondary/vacation homes.

FEMA disaster assistance includes the following for Non-Housing needs:
1) Disaster-related medical and dental costs
2) Disaster-related funeral/burial costs
3) Clothing, household items, etc
4) Fuels for primary heating sources (heating oil, gas, etc)
5) Clean up items (vacuums, etc)
6) Disaster damaged vehicle
7) Moving and storage expenses
8) Other expenses approved by FEMA or authorized by law

Contact FEMA by calling 800-621-FEMA (3362) or online at www.DisasterAssistance.gov

Alabama lawyers affiliated with the Alabama Association for Justice along with the Alabama State Bar are offering free legal services to victims of the deadly tornadoes that swept through the state last week.

The Alabama Association for Justice is currently offering free assistance with filling out insurance claims; while the Alabama State Bar is scheduling "Pro-Bono clinics" where members can provide free legal aid to those who have been affected. Groups within the Alabama State Bar such as the Young Lawyers Section are working with disaster relief centers to answer any questions storm victims might have.

The attorneys at Farris, Riley & Pitt are also doing their part to help answer any legal questions victims might have. Kirby Farris and Ken Riley were featured on Fox 6 On Your Side with a special "Ask the Lawyers" segment tackling questions from tornado victims all over the state.

In addition, the public-service broadcast Fox 6 LawCall, underwritten by Farris, Riley Pitt will dedicate an entire broadcast to answering tornado victims questions live. For more information, please contact Fox 6 WBRC or turn in Sunday night at 10:30 p.m.

If you have any legal questions relating to the tornadoes or disaster relief please contact:

The Alabama Association for Justice: (334) 262-4974
Alabama State Bar: (334) 269-1515 or (800)354-6154
Farris, Riley & Pitt, LLP: (205)324-1212 or (888)580-5176
Federal Aid (FEMA): 800-621-FEMA (3362)

The families of four people killed in a fatal DUI crash were awarded a $2.6 million verdict.

Bobby Lynn Frazier of Louisa, Kentucky was sentenced to 6 to 26 years in prison for a drunk-driving accident that killed four people back in 2008. Frazier, originally from Louisa, Kentucky, was ordered by a Wayne County Circuit Court jury to pay 80% of the $2.69 million verdict.

On the night of the accident, Frazier stole a vehicle from a nearby dealership in Ashland. Driving while intoxicated, Frazier hit another pick-up truck head on killing all four occupants. The drunk-driving accident occurred on April 17, 2008 and Frazier entered into a plea bargain not long after that in 2009. The dealership where Frazier stole the pick-up truck is being held responsible for the remaining 20%.

Continue reading "$2.69M Jury Verdict in Fatal Drunk Driving Accident" »

Attorneys Ken Riley and Kirby Farris are scheduled to appear on Fox 6 On Your Side everyday this week from 11am to 12 pm.

Personal Injury attorneys Ken Riley and Kirby Farris, both partners with the law firm Farris, Riley & Pitt, and hosts of the weekly call-in show, LawCall, will be answering your legal questions related to storm damage, how to file insurance claims, etc. in the aftermath of the tornadoes that devastated Alabama.

Hosted by Fox 6 news reporter, Ronda Robinson, the hour long show will allow callers from all over the state of Alabama to ask the lawyers their legal questions.

According to Kirby Farris, "Many people are looking for ways to begin rebuilding their lives but do not know where to start. There are federal programs available to those most in need but again, knowing how to apply for those can be rather difficult." Now that power has been restored in many homes have had power restored, attorneys Ken Riley and Kirby Farris are hoping to tackle some of those

Please tune in to "Ask the Lawyers" today at 11:00 am on Fox 6 On Your Side for answers to your legal questions and what to do following the storm.

Picture courtesy of www.myfoxal.com.