From the category archives:

Wrongful Death

According to the San Francisco Chronicle, the family of the trucker who was killed when his big-rig crashed through the railing from the upper deck of the Bay Bridge last November has filed a wrongful death action against Caltrans.

The claim, filed by attorneys for the family, asserts that the warning signs regarding the bridge’s S-curve were inadequate.

According to the San Francisco paper, the attorney for the trucker’s family has stated that the driver was an experienced truck driver but that when the accident took place it was the driver’s first time across the bridge with the new curve.

The wrongful death lawsuit also asserts that the design of the curve was defective.  Since the trucking accident that caused this death, officials have installed new warning signs and other safety measures

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According to Bloomberg News, a jury in Florida ruled against Philip Morris USA and two other tobacco companies yesterday in a wrongful death lawsuit.

The case is Putney v. Philip Morris USA, Florida Circuit Court (Fort Lauderdale) and the jury found the tobacco companies to be responsible for the death (cancer) of Margot Putney.  Ms. Putney was from Lighthouse Point, Florida, and began smoking in 1953.  She died in 1995.

The jury deliberated for approximately four hours before reaching its decision.  The jury also awarded the family $2.5 million in punitive damages against Philip Morris and RJ Reynolds (one of the other tobacco companies found liable).

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According to the AP, a wrongful death lawsuit has been filed by families of two miners who were killed in a 2007 western Maryland coal mine disaster.

The lawsuit asserts that the mining company was negligent in its operations, safety training, and maintenance of the mine.  The wrongful death action filed in Allegany County seeks $4 million for each family of the deceased miners.

The plaintiffs complaint further alleges that the miners and their families were told by the mining company that the mine’s highwall was safe even though on the day of the accident, there had been an incomplete examination of the site.

The personal injury attorney representing the families stated that this disaster was but another example of how mine operators ignore safety requirements and put workers at peril.

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Wrongful Death Verdict In Plane Crash Case

by brettb on April 8, 2010

A wrongful death lawsuit came to a close yesterday when a Philadelphia jury ordered a plane engine manufacturer to pay $89 million to the families of injury victims that died, and one survivor, in a 1999 plane crash in Youngstown, Ohio.

The lawsuit claimed that a faulty carburetor caused the crash and that Lycoming Engines knew of the defect but failed to notify the Federal Aviation Administration.

The jury awarded $25 million in compensatory and $64 million in punitive damages.  More on the case can be read at the Philadelphia Inquirer

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Toyota Personal Injury And Wrongful Death Victims File Suit

March 4, 2010

Many readers may recall John Saylor and his family – they suffered fatal personal injuries when their Lexus suddenly accelerated out of control in San Diego California.  It was only after Mr. Saylor’s 911 tape was recorded and played by the media that Toyota instituted the current recall regarding unintentional acceleration.
Well, according to media reports, [...]

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Damages In A Wrongful Death Lawsuit

February 11, 2010

San Francisco injury attorney Brett A. Burlison presents a brief video explaining who can file a wrongful death lawsuit as well as the damages that he or she may pursue in such an action.

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San Francisco Area Hospitals Putting Patients At Risk Of Injury

January 28, 2010

As reported by the San Francisco Chronicle , several Bay Area hospitals were found to be in violation of safety rules and regulations putting patients at risk of injury or even death.
According to the San Francisco paper, three area hospitals were among the 13 in California that health officials cited.  Since 2007, the State of [...]

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Appellate Court Rules Against Injury Victim

January 12, 2010

Suppose you are a bus driver in San Francisco or anywhere in California.  And let’s also suppose that you are injured, even killed, when your seat brakes loose during an accident. 
Shouldn’t you or your family (who would want to bring a wrongful death action) be able to assume that the bus company’s general lability [...]

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San Francisco’s Ninth Circuit Denies Immunity For Taser Injuries

January 5, 2010

Tasers are used widely by law enforcement, not only in the San Francisco Bay Area but throughout the country.  Critics have long argued against their use due to the potential for unnecessary personal injuries.
Well, along with the risk of personal injuries, the Ninth Circuit in San Francisco may have just given law enforcement another reason [...]

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San Francisco Wrongful Death Attorney Discusses Who Can File A Wrongful Death Lawsuit

October 29, 2009

As a personal injury attorney who handles wrongful death matters I am often asked by potential clients – who can bring a wrongful death lawsuit for the loss of a loved one?  Many people are confused on this issue.  However, the law in California is actually very clear.
Certain specified heirs are able to bring a [...]

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