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Kennedy Hodges, L.L.P. Legal Blog

Wednesday, November 26, 2008

$22 Million Paid in Overtime Suit Against Newspaper

A Los Angeles area newspaper will pay around $22 million to settle a suit filed against it by newspaper carriers. The carriers complained that they were misclassified as independent contractors. They claimed reimbursement for overtime and for mileage reimbursement. AP, LA Times 11/25/2008

COMMENT: this suit may catch the attention of other newspaper carriers who are classified as exempt employees or independent contractors.

posted by dhodges@kennedyhodges.com at 9:09 AM 0 comments

Tuesday, November 18, 2008

Wage Suit Seeks Pay for Hospital Workers

Two collective action (class action) suits have been filed against hospitals to reclaim wages. The suits accused the hospitals of failing to pay wages for missed or interrupted meal breaks. The FLSA requires hourly employees to be paid for missed or interrupted breaks. James T. Mulder, The Syracuse Post-Standard 11/14/2008

posted by dhodges@kennedyhodges.com at 10:33 AM 0 comments

Thursday, November 13, 2008

$4.9 Million Settlement in Construction Injury Case

The defendants in a construction injury case have agreed to pay a total of $4.9 million to the plaintiff. The plaintiff suffered severe back injuries as a result of falling debris. He now needs assistance to walk. Matt Gryta, The Buffalo News 11/12/2008

COMMENT: We have handled many construction site injury cases. All too often, third parties fail to follow OSHA regulations and safety practices that are standard in the construction industry.

posted by dhodges@kennedyhodges.com at 3:12 PM 0 comments

Monday, November 10, 2008

$3.6 Million Awarded in Mesothelioma Case

A woman suffering from mesothelioma caused by second-hand asbestos exposure has been awarded $3.6 million by a Florida jury. The Plaintiff claimed that she was exposed to asbestos from brakes while working at a Ford dealership and may have also been exposed by brake repairs done at her home. Todd Wright, Miami Herald 11/06/2008

posted by dhodges@kennedyhodges.com at 9:12 AM 2 comments

$13 Million Awarded in Pain Patch Case

A jury in Florida awarded more than $13 million to the family of a woman who died of an overdose from the pain patch known as "Duragesic." Two Johnson & Johnson subsidiaries, Janssen Pharmaceutical Products and Alza, were defendants in the case. In 2007, the FDA ordered additional safety warnings for the Duragesic patches after a two-year investigation regarding their safety. Jef Feeley, Bloomberg 10/29/2008.

posted by dhodges@kennedyhodges.com at 8:43 AM 0 comments

$25 Million Awarded for Botched Diagnosis

A New Jersey jury awarded $25 million to a man who suffered severe brain damage after finding that doctors misdiagnosed him. According to the Plaintiff, doctors overlooked evidence of a cyst that led to an aneurysm. Attorneys for the plaintiff said they will appeal several claims against the hospital that were dismissed. Linda Stein, Newark Star Ledger 10/31/2008

posted by dhodges@kennedyhodges.com at 8:38 AM 0 comments

Thursday, November 6, 2008

$3.2 Million Awarded in Contaminated Food Case

A California woman who suffered permanent nerve damage after eating tainted raw tuna will recover a $3.2 million jury award, a California appeals court has ruled. The 4th District Court of Appeals found that a judge had erred in overturning the award. According to the lawsuit, Alexis Sarti was temporarily paralyzed, spent 49 days in the hospital and permanently lost much of her ability to perform sustained activities after eating the contaminated sushi. The sushi was contaminated with bacteria from poultry. AP, San Diego Union Tribune 10/28/2008

posted by dhodges@kennedyhodges.com at 2:56 PM 0 comments

$1.8 Million Awarded in Bike Accident Case

A jury decided that a Missouri University student whose leg was amputated following a 2005 bicycle-auto accident should receive $1.8 million as compensation. A vehicle struck the student while the student was crossing an intersection and then the student was hit again and dragged by a commercial truck. Jurors determined that the driver of the first car and the City of Columbia were to blame for 25 percent of the accident. Greg Mitchell, Columbia Missourian 10/28/2008

posted by dhodges@kennedyhodges.com at 2:47 PM 0 comments

$27 Million Awarded in Molestation Case

The New York Times (11/6, A23, Almanzar) reports, "A Palm Beach County jury on Tuesday awarded $27 million to a girl who was molested four years ago by" Pratak Siriwat, "a male family friend who was baby-sitting for her." The verdict includes "nearly $150,000 for the girl's past and future medical and counseling expenses, $7 million for mental anguish and $20 million in punitive damages." According to Russell S. Adler, a lawyer who represented the girl's family, "Mr. Siriwat admitted molestation to the police." However, "Siriwat had filed for bankruptcy," and Adler said "it was not known whether the award would be collected."

COMMENT: Many times, victims need a sexual abuse attorney who can prosecute perpetrators in civil court. This is particularly true when the criminal court system has failed the victim. Sex crime victims are entitled to the same level of legal representation as any other victim. If you have been the victim of molestation, sexual abuse or sexual assault, please feel free to call us.

posted by dhodges@kennedyhodges.com at 1:21 PM 0 comments

Monday, November 3, 2008

$18 Million Paid in Auto Accident Case

AIG will pay $18 million to settle a lawsuit filed by a man who was left disabled after being struck by a vehicle in the parking lot of an apartment complex. The settlement nullifies a $75 million judgment reached in a North Carolina superior court after an AIG subsidiary declined to defend the case. The settlement is believed to be one of the largest of its kind in North Carolina. Dan Kane, Charlotte Observer 10/26/2008
Read Article

posted by dhodges@kennedyhodges.com at 1:39 PM 0 comments

$11.4 Million Awarded in Birth Injury Case

The family of a brain-damaged boy should receive $11.4 million in damages for medical malpractice, a Wisconsin jury has ruled. According to the lawsuit, staff at the Gunderson Lutheran Medical Center was negligent for injuries suffered by the boy during birth. In a statement the hospital said it believed the standard of care provided was appropriate and that it would consider an appeal. AP, Chicago Tribune 10/23/2008
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posted by dhodges@kennedyhodges.com at 1:37 PM 0 comments

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* David W. Hodges and Galvin B. Kennedy are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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