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Tuesday, February 24 2015 |
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In a bizarre twist, Utah has become the first state in the nation to recognize that its citizens have the right to sue themselves. Earlier this month, the Utah Court of Appeals ruled in the case of Bagley v. Bagley that Utah law allows a decedent's heir and the personal representative of his estate to sue the driver who allegedly caused the accident that killed him -- in this case, those are all the same people.
According to news reports, Barbara Bagley is her husband's heir and personal representative of his estate and thereby the named plaintiff in the case against herself as the defendant-driver whose negligence allegedly caused the accident. In summary, Ms. Bagley, acting in different capacities, appears on both sides of the case. As the defendant, Ms. Bagley is represented by her insurance company.
Utah's wrongful-death statute says a person's heir or representative can sue whoever caused the person's death when the death "is caused by the wrongful act or neglect of another." The district court ruled, and the appellate court agreed, that another refers to someone other than the decedent him/herself and that an heir can sue as long as the decedent didn't kill him/herself.
—Source: loweringthebar.net |
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Wednesday, February 18 2015 |
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A Connecticut man is suing a Southington, Connecticut, restaurant after suffering injuries following a fall from a mechanical bull.
Steven Saleski is suing Cadillac Ranch Restaurant claiming he suffered "painful, permanent, serious injuries" after he fell off a mechanical bull called "Old Thunder." According to news reports, Saleski believes the bull was positioned too close to a wall and that the restaurant should have been aware of its dangerous placement. Moreover, Saleski claims the restaurant did not give visitors sufficient warning about the dangers of riding the mechanical bull, did not give the machine's operators enough training, and did not take the necessary safety precautions.
In his lawsuit, Saleski charges that he suffered severe neck pain and fractured two vertebrae after being thrown off the bull and hitting his head. Saleski is seeking an unspecified amount of monetary damages, saying that the medical treatment he has undergone has challenged him financially.
Cadillac Ranch has not commented on the lawsuit.
—Source: wtnh.com (Connecticut) |
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Wednesday, February 11 2015 |
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A California woman is suing P.F. Chang’s China Bistro Inc., claiming the chain’s $1.00 up charge on gluten-free menu items is discriminatory.
Anna Marie Phillips has filed suit in U.S. District Court for Northern California in San Jose, California, alleging that the restaurant policy of charging more for gluten-free items on the menu violates the Americans with Disabilities Act. Phillips' suit further claims that the gluten-free surcharge is added to items that are naturally gluten-free. Phillips is seeking class action status on behalf of diners with celiac disease or gluten intolerance. The lawsuit asks for an injunction against further gluten-free menu item surcharges, restitution for the surcharges paid, and undesignated civil penalties and compensatory damages.
A P.F. Chang’s spokeswoman told reporters in an email, “The company does not comment on pending litigation.”
—Source: nrn.com |
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Thursday, February 05 2015 |
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Thanks in part to opportunistic plaintiffs’ lawyers and the fear of lawsuits, fewer King Cakes will have hidden surprises this Mardi Gras season.
According to news reports, some bakeries in Louisiana and elsewhere have decided to leave out the baked-in trinkets because of fear of lawsuits should a hidden prize lead to a broken tooth or choking incident. Although non-edible items are traditionally forbidden in confections in the U.S., and the Federal Drug Administration has been on record as noting king cakes fall into that category, the FDA has been clear to note that it "has not taken any enforcement action or issued any regulatory requirements specific to king cakes."
"There's a very simple reason you don't find favors in king cakes anymore: We have too many lawyers in America," said Poppy Tooker, host of "Louisiana Eats," a radio program heard on some NPR affiliates in the South.
—Source: The Wall Street Journal |
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Wednesday, January 28 2015 |
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An Oregon man is suing a local sheriff's office and others after he was arrested in 2014 during a nude demonstration outside the federal courthouse in Portland.
Matthew Mglej is seeking $1.1 million in a lawsuit against the Multnomah County Sheriff's Office, Portland Police Bureau and others, alleging unlawful arrest and detention, use of excessive force, malicious prosecution, First Amendment rights violation, cruel and unusual punishment, battery, assault and negligence by authorities.
According to news reports, police received several complaints about a man (Mglej) playing a violin and making signs while naked outside the courthouse. Portland's city code declares it "unlawful for any person to expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex."
Mglej was arrested after being told his nudity violated the city code. When Mglej refused to walk on his own, police carried him to the patrol car; Mglej claims he was picked up and dropped several times and then dragged on the ground on the way to the patrol car. Mglej further claims to have been mistreated while at the Multnomah County Detention Center.
Mglej pleaded not guilty to indecent exposure four days after his arrest. He is scheduled to appear next month for a hearing in the current matter.
—Source: oregonlive.com |
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