The suit argues that the student wasn’t given adequate warning that attaching electrical clamps to his nipples could be dangerous. Earlier reportage on the case quoted students who accused the teacher of encouraging horseplay and making light of the dangers of mild shocks; the teacher later resigned but did not face criminal charges. [Joey Cresta, Foster’s Daily Democrat/Boston Herald (Dover, New Hampshire)] More: Lowering the Bar (“Nor am I buying the Mountain-Dew-enticement allegations.”)
Posts Tagged ‘personal responsibility’
Update: Branham v. Ford
In May 2001, Cheryl Jane Hale was driving four children to a sleepover in her 1987 Ford Bronco. She didn’t bother to have the children wear their seat belts, so, when she took her eyes off the road to argue with the backseat passengers, and thus drove off the road and flipped the car, 12-year-old Jesse Branham was thrown from the car and suffered brain damage. A jury in Hampton County, South Carolina (the second jury to be impaneled—the first one was dismissed in a mistrial when it was discovered after two weeks of trial that five of the jurors were former clients of Branham’s lawyers) decided that this was only 45% Hale’s fault, held Ford 55% responsible, which puts Ford entirely on the hook for $31 million in damages.
On Monday, the South Carolina Supreme Court reversed because of prejudicial closing arguments that relied heavily on inadmissible evidence. More importantly for lawyers practicing in South Carolina, the Court adopted “the risk-utility test with its requirement of showing a feasible alternative design.”
How bad of a judicial hellhole is Hampton County? Though Hale was a co-defendant, she cooperated with the plaintiffs throughout the trial in their case against Ford, even sitting at the plaintiffs’ table; but because the judge classified Hale as a co-defendant, it meant that Hale got half of the peremptory challenges of the “defense.” More from Comer; no press coverage that I’ve seen yet. (cross-posted from Point of Law)
On trial for vehicular homicide, sues family she killed
Citing text messages she sent her boyfriend shortly before the incident, Montana prosecutors contend that Justine Winter’s crash at 85 mph into an oncoming vehicle was a deliberate suicide attempt. Winter, who faces trial on homicide charges in the deaths of Erin Thompson, the woman she ran into, and Thompson’s 13-year-old son, has now sued Thompson’s estate as well as the construction company that built the interstate overpass where the accident occurred. [Daily Inter Lake, Siouxsie Law]
“Family of man hit by train suing railroad, canoe company”
Springfield, Ohio: “The family of a man who was hit by a train while jumping off a trestle into a river two years ago is suing the railroad and a local canoe center.” The canoe company, according to the complaint, “knew or should have known that individuals frequently went onto the train trestle and jumped into the Mad River.” [Springfield News-Sun]
Dive into above-ground pool
It resulted in a lost product liability action against the pool maker in a recent Rhode Island case [Abnormal Use]
NYC: court tosses track totterer’s $2.3 million award
A New York appeals court has tossed a jury’s $2.3 million award to a man who fell onto the Union Square subway tracks and lost his leg. The court focused on the jury’s acceptance of what it said was speculative testimony from experts arguing that the train’s motorman should have stopped faster. The victim “said he was too drunk to remember how he ended up on the tracks or anything about the accident.” [AP/WINS, New York Post, Dibble v. NYCTA, earlier, and compare $6 million track totterer award last year] More: John Hochfelder.
Canada: Drunk passenger jumps from car, sues driver
Oshawa, Canada: “A lawsuit launched by a woman who drunkenly jumped from a moving car during an argument with her partner could make drivers liable for intoxicated passengers who cause themselves harm.” [DurhamRegion.com, Toronto Star, Globe and Mail]
By reader acclaim: sues Google over map instruction
Lauren Rosenberg of Los Angeles “is suing Google because Google Maps issued directions that told her to walk down a rural highway. She started walking down the highway — which had no sidewalk or pedestrian paths — and was struck by a car.” [Sarah Jacobsson, PC World; Seth Weintraub, Fortune (“If Google told you to jump off a cliff, would you?”); Lowering the Bar; BoingBoing, Search Engine Land]
Suit: cellphone bill exposed my affair
An Ontario woman wants Rogers Wireless Inc. to pay C$600,000 for sending her household a “global” invoice that wrongly alerted her husband to lengthy phone calls from which he deduced her extramarital affair, leading him to walk out on her. [Toronto Star]
Sidewalk altercation leads to close encounter with plate glass window
And suits against multiple defendants follow, including an allegation that the owners of the salon in question had reason to know that the sidewalk in front of their window was “frequently traveled by intoxicated pedestrians.” [WBBM Chicago]