After too long a hiatus, we’ve resumed our separate letters to the editor feature. Among topics this time: a teacher writes to protest our 2001 coverage of her lawsuit over a parent’s injurious handshake; reflections on the recent $22.6 million settlement of a claim that “toxic mold” from wet building lumber had caused a child’s autism; a reader doesn’t agree that the “happy hour” antitrust case against taverns in Madison, Wis. was lacking in merit; and this site gets used as instructional material in a class on liability issues in law enforcement. More good letters remain in the pipeline.
Archive for 2005
Dunkin’ Donuts coffee also scalds
Litigation-reform opponents regularly criticize the mention of the McDonald’s coffee-case lawsuit on the phony grounds that the McDonald’s coffee was unusually hot, and thus “defective.” A search of this website can find many other lawsuits over hot coffee causing third-degree burns, and you can now add Dunkin’ Donuts to the mix. Sharon Shea was holding a tray of two cups of coffee that allegedly “toppled over” and received second- and third-degree burns on her left leg and ankle. The 60-year-old is suing Dunkin’ Donuts for $10 or $15 million in New York state court in Staten Island. (Jotham Sederstrom, “$15M suit for burns from java”, New York Daily News, Nov. 18; Hasani Gittens, “$10M suit for java jolt, NY Post, Nov. 17) (hat-tip: Roth).
Milberg Weiss probe, cont’d
L.A. Times and Law.com’s Recorder both bring word from inside the investigation (Myron Levin and Molly Selvin, “1995 Suit May Be Focus in Milberg Weiss Probe”, Los Angeles Times, Nov. 17; Justin Scheck, “Complexity Slows Milberg-Lerach Probe”, The Recorder, Oct. 31). See Oct. 10 and links from there, Nov. 5, PoL Nov. 13, etc.
Home Depot toilet-seat case
Laws requiring employers to tolerate guns
The National Rifle Association, breaking with its usual pro-freedom stance, favors the enactment of state laws of this sort. But they’re a really, really bad idea. (Prof. Bainbridge, Nov. 15).
Celebrity endorsers of online gambling sites
Could still find themselves in some extremely hot legal water, reports the New York Times (Matt Richtel, “Celebrities Taking a Gamble”, Nov. 16). Christine Hurt comments (Nov. 16). See Apr. 21, 2004. More: Nick Gillespie at Reason “Hit and Run” (Nov. 16).
24,074 unique visitors
…to this site on Tuesday. Thank you, FARK.
Fieger blackmail allegations
Howard Bashman has full coverage, including links to transcripts, of Fieger’s alleged attempt to block an investigation into Fieger’s alleged campaign finance violations by revealing details of the attorney general’s extramarital affair (Nov. 10). Fieger allegedly spent $400,000 on a Michigan Supreme Court race without disclosing his spending. “Sandler, in statements to sheriff’s investigators, says Fieger warned he would pat down Sandler so he did not wear a listening device.”
Driver falls asleep: jury blames Ford to tune of $61M
In 1997, Melahn Parker fell asleep while driving a 1996 Ford Explorer at highway speeds; the SUV crashed, killing 17-year-old passenger Lance Crossman Hall, who was ejected because he was reclining in the front seat, thus preventing his seat-belt from restraining him. Parker was charged with careless driving, but a Miami jury viewed the accident as Ford’s fault, and awarded $61 million in damages yesterday, $60 million in pain and suffering. The plaintiff, Joan Hall-Edwards’s, Hall’s mother, has thus won a marvelous windfall in that her son was killed by a careless driver instead of by a means where she would have no deep pocket to seek lottery-style damages.
Ford will appeal. “This tragic accident occurred when the driver of the vehicle fell asleep at the wheel while traveling at highway speeds. Real-world experience and testing show that the Explorer is a safe vehicle, consistently performing as well as or better than other vehicles in its class,” Ford spokeswoman Karen Shaughnessy said.
Hall-Edwards’s attorney was Bruce Kaster, who complained that Ford blamed defective Firestone tires for what he called Explorer handling problems. This is a curious complaint, because Kaster calls himself “the nation’s foremost authority on tires and their defects,” has brought several lawsuits against Firestone, and has reserved the domain name “tirefailures.com” for his law firm. On his site, Kasten complains that Ford models don’t have the same features as the more expensive Volvo models made by Ford’s subsidiary. Is it really to be considered a “defect” if an inexpensive car has fewer safety features than a more expensive car? Are consumers not permitted to make the decision for themselves how safe a car to purchase?
No doubt there will be further details than what the AP has provided so far, and we’ll update as more becomes known. (Jennifer Kay, “Ford Ordered to Pay $61M in SUV Accident “, AP, Nov. 16).
Setting up the employer for a retaliation claim
Job applicants wouldn’t do that on purpose, would they? At least not unless they were following the advice of a EEOC staff lawyer interviewed for a Wall Street Journal article. According to McGuire Woods attorney Lou Michels, writing in the new-to-us blog Suits in the Workplace, “what the EEOC attorney appears to be proposing is simply outrageous” and “reeks of gamesmanship”. (Oct. 11).