X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
CONTRACTS Law firm must pay for services it received A consulting firm that was hired by a law firm to determine the cause of a boiler explosion was awarded $121,126 for its efforts by a Texas jury on June 5. Rimkus Consulting Group Inc. alleged that three months after its hire, Perry & Haas of Corpus Christi, Texas, ordered it to stop further work and submit its invoices. When the law firm refused payment, Rimkus sued for breach of contract, seeking collection of the unpaid invoices and attorney fees. Perry & Haas claimed that Rimkus was unable to provide any usable work product and that the invoiced sums were unconscionable. Rimkus Consulting Group v. Perry & Haas, No. 2000-57985 (Harris Co., Texas, Dist. Ct.). PLAINTIFF’S ATTORNEYS: Richard J. Judge Jr. and David A. Ward Jr., Drucker, Rutledge, Ward & Smith, The Woodlands, Texas DEFENSE ATTORNEYS: David Perry, Perry & Haas, Corpus Christi, Texas; George Kirk, George M. Kirk & Associates, Houston DEFAMATION Letter to rival’s clients burns rolling paper firm A rolling paper distributor was awarded $18.6 million by a federal jury on July 9 on its claim that a rival sent its customers defamatory letters. North Atlantic Trading Co. (NATC) of New York, the country’s largest importer and distributor of roll-your-own cigarette papers, including Zig-Zags, often distributed its product in plastic display boxes. When customers of Republic Tobacco LP of Glenview, Ill., another distributor of rolling papers, including Tops and Jobs, asked Republic to display its product in these boxes, Republic relabeled the NATC boxes and made them available to its customers. NATC then sent Republic’s customers two letters containing false statements that NATC had sued Republic and that Republic’s customers may be liable for their continued display of the re-labeled boxes. Republic then sued NATC claiming the letters were defamatory. Republic Tobacco LP v. North Atlantic Trading Co. Inc., No. 98 C 4011 (N.D. Ill.). PLAINTIFF’S ATTORNEYS: Charles S. Bergen, Lynn H. Murray, Michael W. Kazan and Andrew Szot, Grippo & Elden, Chicago DEFENSE ATTORNEYS: William F. Cavanaugh and Clare F. Saperstein, Patterson, Bel-knap, Webb & Tyler, New York FIREARMS Jury faults ex-stepfather accidentally shot by teen In the case of a Dallas teenager who accidentally shot his former stepfather with a shotgun, a Dallas jury has assigned most of the blame to the stepfather. Brent Carroll was unloading guns in his bedroom and laying them on the bed when Nathaniel Sherman, 16, entered the room. Sherman picked up a 12-gauge shotgun and, not knowing that it was loaded, shot Carroll in the leg. Carroll underwent three surgeries, incurring $66,000 in medical bills and $29,000 in lost wages. Carroll sued Sherman and his mother-now Carroll’s former wife-claiming that Sherman had violated basic rules of gun safety. Sherman and his mother alleged that Carroll should not have laid a loaded firearm on the bed and should have told Sherman that the gun was loaded. On July 21, the jury found Sherman to have been 20% negligent and Carroll 80% negligent. One juror had been excused for illness and the parties’ attorneys agreed to be bound by the resultant 9-2 vote. Carroll v. Carroll, No. 01-4469-J (Dallas Co., Texas, Dist. Ct.). PLAINTIFF’S ATTORNEY: Paul A. Lockman, Law Office of Paul A. Lockman, Dallas DEFENSE ATTORNEY: Mark E. Stradley, Stradley & Wright, Dallas MEDICAL MALPRACTICE Woman’s death after bad diagnosis leads to award The family of a woman who died of breast cancer was awarded $3 million by a Pennsylvania jury on July 10. Dagmar Lackman underwent a routine mammography from Norman Hauser, M.D., a now-retired radiology specialist who owned Abington Radiology Associates Inc. of Pennsylvania. Hauser interpreted the mammogram as showing no signs of malignancy. However, another doctor later diagnosed her with a stage-four malignancy in her breast. She died in May 1998. Her estate sued Hauser and Abington Radiology Associates, alleging that Hauser failed to detect an increased breast density and architectural distortion in her left breast, which may have indicated carcinoma. The defense contested liability. Estate of Lackman v. Hauser, No. 97-01180 (Montgomery Co., Pa., Ct. C.P.). PLAINTIFF’S ATTORNEY: Thomas R. Kline, Kline & Specter, Philadelphia DEFENSE ATTORNEY: Michael E. McGilvery, Young & McGilvery, King of Prussia, Pa. Doctor held not liable for death of amputee A doctor was found not liable by a California jury on July 8 for his treatment of a 74-year-old retiree who died after undergoing two amputations on his left arm. Mary Gonzalez and Luis Munoz claimed that Albert Swafford, a hand surgeon, should have initially performed an above-elbow, rather than a below-elbow, amputation on the left arm of their father, Frank Munoz. The siblings alleged that an infection caused by the first amputation spread, leading to their father’s death. Swafford maintained that he met the standard of care and that Frank Munoz’s death was unrelated to the amputations or to the infections. Gonzalez v. Swafford M.D., No. 243594 (Kern Co., Calif., Super. Ct.). PLAINTIFFS’ ATTORNEYS: Elizabeth A. Henderson, Bakersfield, Calif.; Stephen P. Wainer, Bakersfield DEFENSE ATTORNEY: Yuk K. Law, Bonne, Bridges, Mueller, O’Keefe & Nichols, Los Angeles PRISONERS Paltry award after one inmate murders another The estate of a prisoner killed by another inmate was awarded only $2,641 by a federal jury on July 10. Robert Flint, 43, was soon to be be released from the Luther Luckett Correctional Complex in La Grange, Ky., after serving a 20-year prison sentence for rape. An employee of the prison print shop, Flint had previously gotten fellow inmate James Underwood suspended from the print shop for using the telephone. Upon learning that he would not be rehired, Underwood, who was serving a 20-year sentence for murder, took a hammer from the unlocked shop and killed Flint. Flint’s estate sued the penitentiary and six of its employees, alleging deliberate indifference, in violation of the Eighth Amendment. Only one prison employee was found liable. Flint v. Kentucky Department of Corrections, No. 96-CV-0591 (E.D. Ky.). PLAINTIFF’S ATTORNEYS: Kevin P. Crooks, Valenti Hanley & Crooks, Louisville, Ky.; David A. Friedman and Leanne K. Diakov, Fernandez Friedman Grossman Kohn & Son, Louisville DEFENSE ATTORNEYS: Edward F. Busch and Richard M. Sullivan, Conliffe, Sandmann & Sullivan, Louisville PRODUCTS LIABILITY Paralyzed by accident, maintenance man settles A bakery maintenance worker who was rendered quadriplegic when a fabric sock from a flour-sifting machine collapsed and struck him on the head settled for $3.25 million on July 9. The machine contained approximately 800 pounds of flour at the time. Jesus Perez, 45, sued the manufacturers, designers, installers and assemblers of the component parts of the machine, claiming that they had designed the sock inadequately and had failed to warn of its possible collapse. The defendants argued that Perez’s employer was negligent in not following proper safety procedure by altering the installation of the machine, and for failing to maintain and monitor it during its operation. Perez v. La Mar Industries Inc., No. BC241053 (Los Angeles Co., Calif., Super. Ct.). PLAINTIFF’S ATTORNEYS: Thomas M. Dempsey, Los Angeles; Stephen M. Joyce, Sherman Oaks, Calif. DEFENSE ATTORNEYS: Bernard Distler, Morse Giesler & Callister, Pasadena, Calif.; Francine Clebowicz Eth, Law Offices of Nolan B. Henderson, Glendale, Calif.; Terry A. Rowland, Demler, Armstrong & Rowland, Long Beach, Calif.; Amalia L. Taylor, Gray, York & Duffy, Encino, Calif.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.