04 December

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Trial Win in Wrongful Death Case Against Distracted Driver

in Accidents, Car Accidents, Wrongful Death

Distracted drivers caused 54,302 crashes, injuries, and wrongful deaths in North Carolina in 2016. If you travel on the streets or highways, you are at risk for being injured or killed by someone who is more interested in their phone than their driving. On the morning of May 10, 2016, Russell Rutledge was driving his Chevrolet Silverado from a business meeting in Garner to meet a colleague in Durham. As he drove, Rutledge was using his cell phone to text, email, and make and receive phone calls. The evidence showed that Rutledge drifted onto the shoulder of Highway 98 in Durham...

29 November

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Lawsuit Alleges Airlines Overserved Passenger Who Raped Woman on Flight

Posted by orincohenlaw

in Accidents, Injuries, Insurance, Premises Liability

A woman who said she was sexually assaulted by another passenger onboard an overnight American Airlines flight last year has sued the carrier in federal court. The complaint, filed Wednesday by Colorado resident Aubrey Lane, alleges American failed in its duty to protect her and other passengers by allowing a visibly drunk man to board a June 16, 2017 redeye flight from Phoenix to New York, and continuing to serve him as many as six alcoholic drinks. The man, whose identity hasn’t been publicly disclosed, was seated next to Lane and harassed her throughout the flight, according to Lane and another passenger...

27 November

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Man Ejected From Car During Truck Collision Agrees to $2.1M in Settlements

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Insurance

A man who suffered a traumatic brain injury after he was ejected from a sedan during a multivehicle accident has ended his case after agreeing to more than $2.1 million in settlements. Plaintiff Nagesh Roy has settled his claims against trucking company Freymiller for $2.1 million, and accepted a $15,000 insurance policy tender from another driver who was involved in the collision. The case, Roy v. Freymiller, had been filed in the Philadelphia Court of Common Pleas. It ultimately settled following mediation before retired Judge Annette Rizzo. According to Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck attorney Fredric Eisenberg, who, along with Daniel...

22 November

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FDA Recalls Another Blood Pressure Drug for Possible Cancer Risk

Posted by orincohenlaw

in Injuries, Insurance, Wrongful Death

The U.S. Food and Drug Administration announced a third blood pressure medication recall over concerns the contaminated drug might cause cancer. Sandoz Inc. is voluntarily recalling losartan potassium hydrochlorothiazide tablets because the pills could contain an impurity N-nitrosodiethylamine (NDEA). The substance is a probable human carcinogen, according to the International Agency for Research on Cancer. Losartan affected by the recall are 100 milligram/25 milligram tablets with the lot number JB8912. The contaminated medication was not distributed before Oct. 8. Patients who are currently taking this medication are advised to speak with their doctor before stopping use, because the risk of going off of the medication might be greater than...

20 November

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Jury Awards $1.85 Million in Lead-Paint Poisoning Case

Posted by orincohenlaw

in Injuries, Insurance, Premises Liability

A Hartford jury has awarded $1.851 million to a painter who suffered severe lead-paint poisoning after working on a house he was told was lead-free. To date, with interest, the award is about $2.2 million. The Nov. 8 jury award in Hartford Superior Court followed a contentious seven-day trial, which included the defendant allegedly giving the middle finger to the plaintiff in court. After deliberating for eight hours, the six-person jury found in favor of 54-year-old Colchester resident Richard Vichas, who, according to his attorney, was emotional on the stand and broke down several times. According to an Oct. 29 amended lawsuit, Vichas...

15 November

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Company Owners Consider Limits on Alcohol at Holiday Parties

Posted by orincohenlaw

in Accidents, Injuries, Insurance

The alcohol will flow less freely, and sometimes not at all, at some small business parties this holiday season. Owners concerned about sexual misconduct and the safety of staffers and guests are eliminating or limiting the open bar, making their events alcohol-free or switching from a traditional cocktail party to activities including games and contests. Human resources consultants and employment law attorneys say they’re fielding more questions about alcohol and parties than in the past following the string of high-profile sexual misconduct cases that began a year ago. They’re advising their small business clients to impose limits on how much people drink. Ladan Davia...

13 November

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Insurers Gain High Marks After Hurricanes Florence, Michael

Posted by orincohenlaw

in Injuries, Insurance, Wrongful Death

After the two recent billion-dollar disasters struck the southeast this fall, the nation’s largest property/casualty insurers responded by deploying their CAT response teamsto the affected areas. J.D. Power surveyed consumers affected by the storms to understand which insurance companies were most responsive and how the industry performed overall. “When consumers enter into an agreement with an insurance company they are essentially buying a promise.” says Tom Super, director of the insurance practice at J.D. Power. “When Hurricanes such as Florence and Michael occur, it shines a light on those companies that are able to deliver on that commitment at great scale, and...

08 November

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Commercial Insurance Prices in U.S. Increase for First Time in 3 Years

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Insurance

Commercial insurance prices in the U.S. increased modestly in the first quarter of 2018, according to leading global advisory, broking and solutions company Willis Towers Watson’s Commercial Lines Insurance Pricing Survey (CLIPS). The survey compared prices charged on policies written during the first quarter of 2018 with those charged for the same coverage during the equivalent quarter in 2017. Price changes were in excess of 1 percent for the first time in 11 quarters, breaking the moderating trend in price increases observed since 2013. Data for three standard lines — commercial auto, commercial property and excess/umbrella liability — indicated fairly significant...

06 November

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Insurers Could Face More Bad Faith Suits if Legislation Passes

Posted by orincohenlaw

in Accidents, Insurance

Legislation pending in New Jersey could make it easier to file bad faith lawsuits against insurers. The New Jersey Insurance Fair Conduct Act is currently under consideration by the Assembly Financial Institutions and Insurance Committee after having been passed by the Senate. If approved, SB 2144 would take effect immediately. Jack Vales, a partner in the Short Hills, N.J. office of Dentons US, and colleague, Erika Lopes-McLeman, a senior managing associate in the same office, issued a bulletin on the legislation recently. Under current law, if an insurer can show a debatable reason for a coverage decision, that will defeat any type of bad faith...

01 November

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NYPD Suspends Body Camera Requirement After 1 Explodes

Posted by orincohenlaw

in Accidents, Injuries, Premises Liability

The New York City Police Department scrambled Monday to find ways to quickly replace thousands of body camera devices it suddenly stopped using after an officer said one caught fire and exploded as he headed out on patrol over the weekend. The department shelved about 3,000 of its newest model Vievu LE-5 units, about one-fifth of its body camera inventory. Officers using other models will continue to wear them, the department said. Deputy Commissioner Jessica Tisch said pulling the LE-5 cameras from use made it unlikely the department would meet its goal of equipping the vast majority of officers with body cameras by the...

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