Dallas Personal Injury Lawyer Blog

Trampoline Recalled Due to Product Defect

 

About 60,000 trampolines have been voluntarily recalled by Skywalker Holdings LLC after the company received more than 250 reports of straps that support the top of the equipment's enclosure breaking, the Consumer Product Safety Commission said.

Without straps, the enclosure could drop and users could fall off the trampoline, the commission said. No injuries have been reported.

The 13-foot square Trampoline and Enclosure Combos were sold in specialty stores and major retailers nationwide from January 2007 through February 2009 for between $400 and $600. They were made in China and distributed by Skywalker, based in Utah.

Boy's Brain Injury On Playground Equipment Gets 20M Verdict

 

A boy who sustained severe brain injuries in a playground accident was part of a $20 million settlement. On Aug. 4, 2005, Jacob Buckett, then 10, fell from a jungle gym and hit his head on a tile floor at a fast food chain restaurant in Temecula. Jacob, who will probably need round-the-clock care for the rest of his life, sued the chain, the franchisee, the playground manufacturer and other entities, claiming negligent design, installation, repair and maintenance, as well as failure to warn. His sister, Isabelle, then 5, watched the event and claimed emotional distress. The defense responded that Jacob's father failed to provide adequate supervision, and that the playground complied with American Society for Testing and Materials standards. The chain blamed the installer and insisted that it had no control over the franchisee.

Railroad Engineer Who Slip and Fell Gets Verdict

 

A railroad engineer who was injured when he slipped while disembarking from a train recovered $444,582 in a lawsuit against BNSF Railway Co. In 2006, Jacob Justus, then 28, slipped on 2- to 4-inch ballast rocks (which were laid down to support railway ties and rails) and sustained a labral tear in his hip. He underwent arthroscopic surgery, and his doctor said Justus might need a second surgery in the future. Justus was unable work for a year, and when he returned it was at a job that paid less than the engineer position. Justus sued BNSF, his employer and the owner of the train tracks, alleging it failed to provide a safe workplace and that the ballast rocks at that location should've been smaller. BNSF argued that the area was safe and that Justus should've been more careful getting off the train. The jury found both parties negligent, with BNSF 55 percent and Justus 45 percent liable.

2.2M Verdict Against Nissan For Failure to Conduct Crash Tests

 

A jury awarded nearly $2.2 million to a woman who claimed she was injured in a crash with her 1995 Nissan Pathfinder because the automaker didn't do adequate crash testing. Rebecca Perdue, who's in her 60s, sustained fractures to her right leg and both ankles. She claimed Nissan failed to conduct crash testing or engineering analysis to evaluate the risk of lower leg injuries in frontal "offset impacts" (head-on, but not completely lined up). She claimed that for several years all manufacturers except Nissan and two others had been conducting frontal offset crash tests to learn how to protect lower legs. The jury found that the Pathfinder was defectively designed and Nissan was solely responsible for Perdue's injuries.

Scaffold Rental Company Not Liable For Injury

 

A jury sided with a scaffold company accused of renting out an unsafe product. In 2007, Adolph Brown, a mechanic in his 50s, was working at a refinery in Houston. As he was climbing a ladder that was part of a scaffold, he slipped and fell approximately four feet to the ground, fracturing his ankle. Brown blamed the owner of the scaffold, Brand Scaffold Services Inc., alleging it had failed to put slip-resistant rungs on the ladder in violation of OSHA rules. He sought more than $700,000, claiming he had to undergo ankle surgery and missed several months of work. Brand Scaffold denied that OSHA required slip-resistant rungs. It contended that the scaffold it provided was safe with proper use and met industrial standards.

Individual Hit By 18-Wheeler Gets 850k Settlement

 

A man who suffered multiple injuries when he was struck by a tractor-trailer received an $850,000 settlement.

In 2006, Christopher Mejia was helping a friend load a disabled vehicle onto a trailer on the shoulder of I-35 near Ardmore, Okla., when an 18-wheeler veered off the road and struck the men.

Mejia was thrown through the air. He sustained a torn brachial plexus, closed head injury and eight fractured teeth. His friend was killed.

Mejia incurred $250,000 in medical bills and his range of motion is permanently reduced, rendering him unable to work. He blamed driver Emerson James Griffin, who resides in Cherokee County, and Griffin’s employer, CRST International, alleging Griffin went off the road because he was fatigued.

The defense argued that the area was poorly lit and accused Mejia of failing to set out flares.

Trucker Gets 2.5M As A Result of Crash

 

The family of a trucker who died in a fiery collision with a pickup has received a $2.5 million settlement in a suit filed in 173rd District Court in Henderson County.

On Nov. 18, 2007, Larry Brevell was hauling an empty Wal-Mart trailer on Highway 84 in Fairfield when he was hit head-on by a pickup driven by Duane Thompson and owned by Thompson's employer, Flo-Tech Testing. Thompson was thrown from the vehicle and died on the scene.

The Wal-Mart truck burst into flames and Brevell, who was unable to free himself, burned to death inside.

Brevell's wife and elderly mother sued Thompson's estate and Flo-Tech, blaming both for Brevell's wrongful death.

The defense argued Thompson didn't have permission to use the pickup and wasn't working at the time of the crash.

The case settled at mediation March 12. Wal-Mart, which was also a plaintiff in the suit, recovered $128,000 for the damage to its truck, as well.

FDA Warns Against Hydroxycut Diet Pill After One Death

 

Dieters who use the weight loss and energy-boosting Hydroxycut supplements should immediately stop, the US drug regulator warned Friday after reports of liver injuries and one death.

The US Food and Drug Administration (FDA) said one person had died from liver failure. The agency has received 23 reports of liver problems linked with use of the products, ranging from jaundice to damage requiring liver transplant.

In response, the FDA said, the maker of Hydroxycut -- Canada's Iovate Health Sciences Inc. -- had agreed to recall 14 products distributed by its US subsidiary.

"The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk. Adverse events are rare, but exist," said Linda Katz, interim chief medical officer of the FDA's Center for Food Safety and Applied Nutrition.

Hydroxycut products are marketed for weight loss, water loss, and as fat burners, energy-enhancers and low carbohydrate diet aids under the brand names Iovate and MuscleTech.

Hydroxycut Cleanse and Hoodia products were not included in the recall, the FDA said.

The health regulatory body said it had not yet determined which ingredients or dosages of the products were linked with the risks. It also stressed that liver injury related to Hydroxycut use was rare but patients who reported the ailment had taken the doses recommended on the bottle.

Other health problems reported by users included seizures, cardiovascular disorder and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure, according to the FDA.