Archive for May, 2009

Police lenient? Skagit County jury: taxpayers should pay

Washington state jails are overcrowded, so—presumably to avoid lawsuits over overcrowding—Washington State Patrol policy is to arrest nonviolent offenders without jailing them. In the case of Bellingham resident Janine Parker, drunk driving in the early morning hours of January 4, Trooper Chad Bosman arrested her, and drove her home, telling her not to drive until she was sober. Nevertheless, Parker, an hour later, found a taxi to take her nine miles to her car left by the side of the road, and drove drunk head on into Hailey French’s auto, causing the innocent 22-year-old driver many injuries.

French sued Parker, of course, but also the Washington State Patrol and Whatcom County (the latter apparently failed to put an ignition-interlock device in her car as Parker’s probation from an earlier conviction provided). (Miraculously, she doesn’t seem to have sued the taxi company.) A Skagit County jury found the two governmental entities jointly liable for $5.5 million. According to press accounts, the two defense attorneys each tried to get the jury to blame the other deep pocket: apparently, making the suggestion the person responsible for the drunk driving was the person responsible was beyond either hope or comprehension, though a web commenter to the article claims that Parker testified that the accident was entirely her fault. (Peter Jensen, “Whatcom County woman’s suit against county, State Patrol in jury’s hands”, Bellingham Herald, Apr. 24; May 1 post-trial press release of victorious plaintiff’s attorney).

“All it takes is one false allegation … I sit here as proof of that”

Harrowing story of Brian Leckie, an Ontario therapist and crisis counselor cleared on charges of sexual assault; the legal fees ate up his life savings, and there’s nowhere he can turn to get his good name back. “Only the ER nurses seemed to give me the benefit of the doubt, because they’ve seen it. They’ve seen the lies and the accusations that come through emergency rooms. They see it all the time.” Meanwhile, the two accusers whose charges a judge found to have “no credible” basis cannot even be named in the press because of a publication ban [Mark Bonokoski, “Justice for an innocent man”, Toronto Sun, May 4, via Amy Alkon]

“If your attorney is colluding with the person you are suing, that’s a problem”

By tortuous steps, the dispute continues to advance in a New Jersey courtroom over whether, as part of a settlement of discrimination claims by some of its employees, Prudential made a side payment to the law firm representing the workers, and if so whether that was proper. Both the giant insurer and the law firm, Leeds Morelli & Brown, have disputed the clients’ accounts and denied wrongdoing. [Newark Star-Ledger via ABA Journal, earlier]

Tennessee jury demands defensive medicine

One out of ten colonoscopies result in nausea and vomiting; about one in 1000 colonoscopies will accidentally perforate the intestine, with potentially life-threatening side effects if not treated in a timely fashion. Kristen Freeman was one of the unfortunate one in 1000. While she complained of nausea and vomiting, she disregarded the instructions given to her about reporting her other symptoms, and so medical staff treated it like a more common case of nausea. By the time she admitted that her situation and pain was more dire, complications set in, and she suffered cardiopulmonary arrest, which in turn led to severe brain damage.

I won’t quibble with the jury’s assessment of damages of $12 million: Freeman was 33 and is now disabled for life, and in the randomness of noneconomic damages, $12 million isn’t the craziest award out there. But that the Hamilton County, Tennessee jury found gastroenterologist Michael Goodman 51% liable seems arbitrary. If doctors are required to assume that every patient reporting nausea but denying their situation is an emergency might be hiding more serious symptoms, and require them to go to the emergency room for testing (as the plaintiffs’ attorney argued Goodman should have done here), then that’s 100 wasteful emergency room cases for each real case—and not even a prevented case, since most patients follow instructions and report to the ER on their own when symptoms specific to perforation appear.

The article is on the Chattanooga Free Press web site, but the interesting discussion is in the comments, with friends of Freeman and seemingly knowledgeable doctors kibitzing. Freeman’s supporters argue that she did not actually experience any emergency symptoms and thus was not at fault at all. Even if true, that implies that they feel Goodman should be held responsible because he did not anticipate that Freeman was actually having an emergency when she presented asymptomatically: again, a demand for defensive medicine.

Don’t

Don’t offer reductions in your legal fees to clients who agree to have sex with you (Florida lawyer James Harvey Tipler, disbarred over offenses that also included having “altered evidence and caused a witness to unknowingly give false testimony”, taken clients’ money and neglected their cases, and much more).

Quite a ruined vacation

A Queens, N.Y. man has sued Starwood Hotels and American Express, saying that at an Amex-recommended hotel in Sardinia he and his sons were held hostage by hotel staffers, sometimes at gunpoint, and forced to spend upwards of a hundred thousand dollars on hotel, jewelry, boutique and nightclub charges. [Adam Klasfeld/Courthouse News, New York Post] Cityfile expresses a marked degree of skepticism toward Alexander Maryasin’s story and links “13 different lawsuits that [he] has filed in Queens alone in recent years”.

Grand jury probes John Edwards-Rielle Hunter payments

What with all the money in Edwards’ own name from his legal career, not to mention the late Texas trial lawyer Fred Baron’s generosity in solving the housing needs of Edwards’ girlfriend, it wouldn’t seem necessary to use campaign or charitable funds for her benefit, too, but a U.S. attorney is said to be pursuing allegations along those lines. Hunter was paid $100,000 to do documentary filmmaking about the Edwards campaign, which gave the couple many opportunities to be close to each other. [New York Daily News, CBS News, Raleigh News & Observer] More: Althouse, Kaus.