Archive for September 2011
Who to Sue
A man was killed in Orange County in June after getting out of his disabled vehicle on the freeway and being hit by another driver. The man, Lamont Palmer, was hit by a passing mustang in the slow lane of the freeway after exiting his vehicle, probably to check the damage. And while further investigation is needed, there are several ways in which his family can seek compensation.
First of all, lets focus on the car itself. If the car was disabled for structural reasons or faulty manufacturing, then his family can file a wrongful death suit against the car company, seeking damages and emotional distress, as well as a few other things. Of course, if the car simply had a flat tire, that option would be out.
The family could also sue the driver of the mustang for hitting Mr. Palmer. Whether intentional or not, the wrongful death of Mr. Palmer falls into the standard California personal injury laws. Finding a good attorney and taking this case to court should be no problem for Mr. Palmer’s loved ones.
Coca Cola Crimes
What happens when you sue Coca-Cola? Well, apparently you get $1.5 million. At least that’s what happened when a teacher in Arizona slipped on a puddle of water that was leaking out of a Coca-Cola refrigeration unit.
The woman initially sued Fry’s Food and Drug, the location where the slip and fall occurred. But after investigations were complete, it was discovered that the store had done everything within their power to get Coca-Cola to remove the machine and change it out for a new one prior to the accident. Since Coca-Cola ignored these pleas over a two-year period of time, it was determined that they were negligent, not to store.
In the end, the teacher sued for $149,000 and walked out of court with $1.5 million, the jury’s solution to the problem of her now chronic back pain. And Coca-Cola? Well, they tried to have the decision appealed but were denied. I hope this leads them to actually replacing the refrigeration unit at Frys.
Scaffolding Awareness
A certain industrial employee is trying to raise awareness for industrial safety after he fell off a scaffolding structure and ended up in the hospital. According to reports, the man was climbing the scaffolding on March 29th of this year and had just reached the top when it collapsed, causing him to hit the ground and a few other things along the way.
While this man says he is lucky just to be alive, he does want to raise awareness amongst other industrial employees about the dangers of their field and the importance of safety gear. While he was wearing the full body suit required of him when he fell, he was not wearing a helmet or a safety harness, both of which could have saved him from further harm.
He also wants his employer and the other industrial companies in his area to focus more on the safety of their employees. His statements show that he doesn’t believe the scaffolding to be in good condition when he fell, claiming it collapsed out from underneath him. He also says that a lot of companies cut corners in safety in order to get the job done quickly and make more money. However, the company he works for claims that he simply slipped and fell off the scaffolding and that they have excellent safety measures in place.
This case has called several things into question, most of which are safety concerns for workers. There are clear laws in the state of California about worker safety and what gear should be worn, and industrial companies should do their best to ensure their employees have a safe working environment. If they don’t, there could be a lot of lawsuits in their future.
It Doesn’t Pay to Be the Janitor
Janitors are often seen as the lowest man on the totem pole. Why? Well, they clean up after our messes. But I’ve always seen their profession as noble. A good janitor keeps a place sparkling clean and is willing to humble himself or herself when others are not. Talk about an amazing person.
However, apparently a group of high school students didn’t see this in the same light. How do I know? Because they are being sued… well, their parents are being sued for their actions anyway.
The janitor by the name of Keith Muskopf is suing the parents of two boys who were “participating in horseplay” in the hallway when they slammed a door open… and directly into Mr. Muskopf’s shoulder. This action led to a serious shoulder injury, and Mr. Muskopf and his wife are suing because of it.
Do they have the right to sue? I think so. The negligence of these boys led to a serious injury, one in which a man with a janitor’s salary shouldn’t have to pay. But will the case hold up in court? I’m not so sure. After all, it’s hard to sue teenagers, and the parents are denying all wrongdoing because they were not present at the time of the accident. This could be a long battle for the Muskopf family.