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Recent Blog Posts in January 2009 |
| January 30, 2009 |
| FELA suit continues against Railserve, Inc. |
| Posted By Page Cagle |
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According to a Texas newspaper, Railserve Inc. is left as a lone defendent in a FELA suit filed by Perry Ashworth, an employee of the company, who lost part of his leg in 2007 after a railcar rolled over him.
When the accident occurred, Ashworth was working at a Huntsman Petrochemical Corp. refinery attempting to rearrange the rail cars when one of the cars rolled and entangled his right leg, servering it below the knee. Huntsman was originally names in the suit, but was dismissed after granting Ashworth worker's compensation benefits totaling around $290 thousand.
Another defendant in the case, Rescar, Inc., an affiliate with Railserve, motioned to appeal Huntsman's summary judgment but dropped the appeal after reaching settlement with Ashworth. This now leaves Railserve, Inc. as the only defendant in the case, and Ashworth continues to pursue a Federal EMployer's Liability Act claim alleging that his employer, "failed to provide him with a safe place to work and failed to comply with government regulations."
If you are a rail worker who suffered an injury on the job, and you feel your employer was responsible, contact the experienced FELA Lawyers of Page Cagle law firm in St. Louis. Our knowledgeable legal team can answer all you questions and help you get compensation for lost wages, medical expenses, and more. |
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| Continue reading "FELA suit continues against Railserve, Inc." » |
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| January 30, 2009 |
| Swing Accident Lawsuit Settles |
| Posted By Page Cagle |
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In a wrongful death lawsuit filed in Wisconsin, the family of a 16 year old girl finally reached a settlement agreement for $1 million. The accident occurred in 2007 at a Christian music festival where the teen fell 50 feet to her death because the safety harness on her swing chair was not properly secured. Further investigation also proved that the safety rope was not properly attached to her harness in the first place.
The suit names Life Promotions, the organization that planned the festival, and Air Glory, Inc., the company in charge of operating the swing ride. The suit alleged that Air Glory was negligent in operating and maintaining the swing chairs that caused this tragedy. After the accident, Air Glory was unable to operate rides in the state for one year.
The exact terms of the settlement were not disclosed, but it did award the full amount of Air Glory's $1 million insurance policy to the victim's family.
Losing a loved one is always a devastating and sensitive situation, but if that loss is the result of an intentional or negligent act, you do have the option to file a wrongful death claim. The St. Louis Wrongful Death Attorneys of Page Cagle law firm have the skill to aggressively fight for you and your family to ensure that you get the compensation you deserve. |
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| Continue reading "Swing Accident Lawsuit Settles" » |
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| January 30, 2009 |
| Family sues truck driver after accident kills three children |
| Posted By Page Cagle |
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Jorge Miguel Romero pled no contest and was sentenced to a year in jail this month to charges of misdemeanor vehicular manslaughter after he crashed his big rig into the back of a van last August. The collision killed the three children in the backseat, 5-year-old Kyle Coble and his two sisters, Emma, 4, and Katie, 2. All were strapped into child-safety seats.
Jorge pled no contest claiming that he thinks about those three children every day, a memory that has made him certain he will never drive a truck again. The Cobles filed a civil lawsuit against Romero alleging his negligence and failure to pay attention to the road made it difficult to avoid the stopped traffic. Cell phone records also suggest that Romero was checking his voicemail at the time of the accident. According to the Coble's attorney, the year sentence has only given the family partial closure.
Large trucks cause some of the most devastating and dangerous road accidents every year. If you or a loved one were injured in a trucking accident, the Page Cagle Truck Accident Attorneys are here to help. Our legal team has successfully litigated truck accident cases all over the state. Contact us today for a free consultation. |
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| Continue reading "Family sues truck driver after accident kills three children" » |
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| January 28, 2009 |
| First Peanut Butter Recall Suit Filed |
| Posted By Page Cagle |
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According to the National Law Journal, the first lawsuit in response to the salmonella outbreak in various brands of peanut butter filed January 20. The peanut butter recall attracted nationwide attention recently after the media reported more than 470 people sickened and six fatalities. This month, the outbreak was traced back to peanut butter originating in a Peanut Corporation of America plant in Georgia.
Although the source of the contamination is identified, the plant sold its product in bulk to other suppliers such as Kellogg Co., which has initiated a recall of several of its products in recent weeks. Likewise, Peanut Corporation of America has voluntarily recalled its products to keep further incidents from occurring, and the FDA strongly recommends that consumers stay away from cookies, cakes, ice cream, and any food containing peanut butter and peanut butter paste. Peanut butter in jars sold at the supermarket, however, are considered safe.
The lawsuit against Peanut Corporation was filed by Gabriele and Daryl Meunier in a U.S. District Court in Georgia where the plant is located. The Meunier's 7-year-old son became ill in November from salmonella poisoning after eating contaminated peanut butter. Since it is likely than subsequent filings would also file here, the Meunier's attorney anticipates the court might consolidate all the cases under a single judgment. According to him, the case is a matter of "strict liability" against Peanut Corporation of America because it allowed a contaminated food product to leave its facility.
So far, the Kellogg products recalled include Austin Quality Foods, Keebler peanut butter sandwich crackers and peanut butter cookies, as well as some packages of Famous Amos.
If you or a family member has experienced food poisoning by this peanut butter recall, or have a different injury claim for a defective or contaminated product, Page Cagle law firm is willing to help. Our team's experience will protect your rights, ensuring you get the compensation you deserve. Contact us today. |
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| Continue reading "First Peanut Butter Recall Suit Filed" » |
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| January 28, 2009 |
| Family alleges that nursing home negligence caused mother's death |
| Posted By Page Cagle |
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In a wrongful death suit filed last week, the family of Alive Laverne Britton alleged that Asbury Place nursing home was directly responsible for their mother's death.
According to Britton's three daughters, the nursing home's negligence failed to ensure that the staff properly monitored their mother's condition. They claim that Britton never received the right care, medication, or treatment for various ailments, causing her to suffer malnourishment and severe bedsores. Because of her state, Britton was placed in hospice care last May at which point the nursing home relinquished their duties, allowing her health to rapidly deteriorate until she died in July. The suit also claims that during her stay, two inexperienced student employees dropped Britton breaking her femur. Initially, the break went untreated and caused internal bleeding, which was also not treated properly.
Teesa Brown, the executive board for Asbury Inc., said that the organization is investigating the issues surrounding the case but affirms that the nursing home has always been committed to caring for its residents, giving proper care and concern for their families.
If you have a loved one who has either suffered nursing home abuse or been the victim of a wrongful death, the St. Louis Nursing Home Abuse Attorneys of Page Cagle want to help. We are experienced in dealing with cases in which a person has suffered injury due to nursing home neglect or abuse, offering reliable legal services to ensure you and your family get the attention and compensation you deserve. |
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| Continue reading "Family alleges that nursing home negligence caused mother's death" » |
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| January 26, 2009 |
| Drug recall of morphine tablets too late for one family |
| Posted By Page Cagle |
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The family of Judy Goodman filed suit this month against KV Pharmaceuticals and its subsidiary Ethex Corp. after Goodman died of drug toxicity from prescription morphine tablets. Goodman took the pills for about ten months before she died of an accidental overdose. Her family claims that the extended-release morphine sulphate tablets were too large and contained a lethal dose of the drug, resulting in her death.
After Goodman died in April 2008, Frank Goodman received an "Urgent Drug Recall" notice just two months later warning the family that the prescription tablets might have been oversized and included, "more that the acceptable dosage," for Mrs. Goodman.
In response, the Goodmans provided the pharmaceutical company with Judy's medical records and certificate of death to the defendent's lawyers in order to prepare a federal report. However, despite written requests, the two companies did not allow the Goodmans to participate in the report, nor did they provide any further information regarding the recall.
The suit states that prior to her death, Judy Goodman suffered from mental anguish, physical pain, and loss of society, Her family alleges that the drug company represented the drug as safe and did not appropriately warn consumers of potential dangers. Furthermore, both companies failed to do adequate drug testing and post-marketing research and underreported side effects. As a result, the suit includes multiple causes of action, such as products liability, gross negligence, breach of express and implied warranty, and deceptive trade practices.
If you feel you have a potential claim against a company for a defective or dangerous product, especially if it resulted in serious injury, the attorneys of Page Cagle are here to answer any and all of your questions. We can help you assemble the facts of your case and offer experienced legal representation to ensure your case is taken care of properly. |
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| Continue reading "Drug recall of morphine tablets too late for one family" » |
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| January 23, 2009 |
| Army deems GI's death a 'Negligent Homicide' |
| Posted By Page Cagle |
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According to an Associated Press report, the U.S. Army recently changed the manner of death of Staff Sgt. Ryan Maseth from "accidental" electrocution to a "negligent homicide" after an investigation revealed that KBR Inc., a military contractor, and two of its supervisors did not ensure that "qualified electricians and plumbers" worked on the barracks where Maseth died.
Maseth, a Green Beret serving in Baghdad, died January of 2008 from cardiac arrest after he was electrocuted in the shower of his barracks. His parents subsequently filed a wrongful death lawsuit against KBR, claiming that it exposed U.S. soldiers to electrical systems that KBR, "knew to be dangerous," and had caused previous electrocution incidents. Last year, at least 18 deaths of service members and contractors were being investigated as possible electrocutions.
After Maseth's mother testified on Capitol Hill about the military's electrical problems, the Army responded with several changes to its facilities in Iraq such as creating an electrical code. According to Sen. Bob Casey, the new policies as well as the legal review of Maseth's case by the Army's Criminal Investigation Command headquarters are validation of Mrs. Maseth's efforts to seek full accountability for what happened to her son.
If you have a family member or a loved who who was the victim of a dangerous, negligent or intentional act, the attorneys of Page Cagle are here to help. We can sift through the information and fight for you and your family. Understandably, this is a tough time but you should not hesitate to call and get knowledgable and experienced attorneys on your side. |
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| Continue reading "Army deems GI's death a 'Negligent Homicide'" » |
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| January 23, 2009 |
| Man files suit against hospital in wrongful death claim |
| Posted By Page Cagle |
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In a five-count suit, Charlie Stokes alleges that after a three-month hospital stay, his wife Frankie Mae Stokes died as a result of negligence on behalf of Anderson Hospital and three doctors.
Frankie Mae was a patient at Anderson Hospital from November 2006 to January 2007 where she experienced an abdominal infection, severe sepsis, and infected decubitus ulcers (bedsores).
Two years later, Stokes is filing suit against Anderson Hospital because it failed to closely monitor his wife for signs of infection or immediately alert her physicians of any major changes in her condition. Also, he alleges that the doctors did not order appropriate diagnostic tests to determine the full scale of Frankie Mae's condition. As a result, she developed an abdominal infection as well as deteriorating bedsores.
Because the hospital staff and doctors did not prevent or appropriately treat Frankie Mae Stokes' symptoms in time, Charlie Stokes attributes his wife's death to negligence, seeking a judgment of at least $200,000 plus costs.
If you have lost a family member or loved one because of the negligence or actions of others, you may be entitled to a wrongful death claim. The experienced legal team of Page Cagle will help you determine your options and build a case with the ultimate goal of client satisfaction. |
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| Continue reading "Man files suit against hospital in wrongful death claim" » |
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