Posts Tagged ‘personal responsibility’

“Woman Scared by ‘Dexter’ Ad Sues MTA for Subway Fall”

“A woman using a Grand Central Terminal stairwell fell and broke her ankle last year because a spooky advertisement for the [Showtime serial-killer] series startled her, a new lawsuit charges. Ajanaffy Njewadda and her husband, a former Gambian ambassador, are suing the MTA and the cable network, accusing them of placing the ad in a dangerous spot for pedestrians.” [James Fanelli, DNAInfo New York]

Great moments in defense law

Menlo Park, Calif.: A 90-year-old lawyer’s BMW SUV jumped the curb and pinned two 6-year-old twin brothers against a wall, seriously injuring them. Now the driver, Edward Nelson, “states in his response to the lawsuit that the plaintiffs ‘carelessly, recklessly and negligently conducted and maintained themselves’ in a way that contributed to the accident. Furthermore, ‘knowing the probable consequences thereof, (they) placed themselves in a position of danger and voluntarily participated in all the activities,’ and so assumed any related risks. Finally, the plaintiffs failed to ‘reasonably mitigate’ any damages they sustained.” [Sandy Brundage, The Almanac (Peninsula communities, Bay Area)]

Drunk driver will recover $6.6 million from two Pennsylvania bars

“Two Northeastern Pennsylvania bars have settled for a combined $6.6 million with a man who became quadriplegic after driving drunk and crashing his car into a tree.” Jason Mercado sued two East Stroudsburg, Pa. bars on the theory that they had inexperienced bartenders and staff who should have known better than to serve him. Attorney Robert Sink, who represented Mercado, said the case was not without its difficulties: “if the jury found the drunk driver was more than 50 percent at fault, then he would have gotten nothing” under Pennsylvania law. The insurers defending the case decided that the risk of a verdict otherwise was worth $6.6 million. [Legal Intelligencer]

P.S. Redditors discuss.

Parents may sue ex-NFLer for saying their kids trashed his house

Over Labor Day weekend, hundreds of teenagers held an illegal party in the upstate New York home of former NFL star Brian Holloway. They left a wide swath of photos on social media, and Holloway put up a website identifying more than 100 of the 300 partiers. “But rather than apologize to Holloway for their children’s behavior, some parents have contacted their lawyers to see what legal action they can take” against him. [New York Daily News; response from radio personalities Chuck and Kelly, WGY]

Long Island: “Woman who drowned her 3 kids in tub in 2008…”

“… wants cut of wrongful death settlements.” “A mentally disturbed suburban New York woman who drowned her three young children in a bathtub in 2008 wants a cut of $350,000 in wrongful death settlements obtained by the children’s fathers, attorneys said Friday. Leatrice Brewer, 33, was found not guilty because of mental disease or defect in the deaths of her children, so her attorneys say she should not be subject to laws that bar convicts from profiting from their crimes.” [Associated Press/NY Daily News]

“Dead robber’s widow sues shop clerk”

Albuquerque: “The wife of an armed robbery suspect shot dead by a shop clerk said the clerk was wrong, and now she has filed a civil lawsuit claiming wrongful death….’He [deceased robber Ramon Sedillo] does bear some fault, but it’s like a pie. You divide out the fault accordingly, and [store clerk Matthew] Beasley could have done something different,’ [Sedillo family lawyer Amavalise] Jaramillo said.” [KRQE]

“Derek Boogaard’s Family Is Suing The NHL For Wrongful Death”

The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:

According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.

P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]

Man gets into drunken fight with friend, is injured

And now William Lawler is suing the Amarillo, Tex. sports bar that served both of them earlier in the evening, saying it should have cut them off. The suit, which seeks $1 million or more,

also claims the two had an “amiable relationship, and would have never fought were it not for their extreme level of inebriation.”

Lawler’s lawyer Ryan Turman said he thinks they have a solid case.

“We feel like we’ve got solid facts. We feel like Pink is responsible,” he said. “You just trust a jury to do what is right on these.”

He said the lawsuit was filed in accordance with the Dram Shop Act.

[Amarillo Globe-News, more, Jon Mark Beilue column; & welcome Above the Law readers]