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CONTRACTS Student handbook key to collegian’s jury award A Georgia college student on Oct. 2 persuaded an Atlanta jury that the institution violated its own student handbook when it expelled him without affording him the right to an appeal hearing. Antonio McGaha, a 20-year-old student at Atlanta’s Morehouse College, attended an exchange program at Columbia University’s Biosphere2 in Oracle, Ariz. Biosphere erroneously sent a $7,000 tuition refund to McGaha, instead of returning it to Morehouse. Morehouse claimed that McGaha converted the funds. His parents received letters from the college informing them that their son was being expelled. The Morehouse honor board gave him four business days to file an appeal. Although he filed the appeal two days later, the appeal was denied three days before the hearing. The jury awarded McGaha $698,500 in damages for breach of contract. McGaha v. Morehouse College, No. 2002-US-030894-B (Fulton Co., Ga., State Ct.). PLAINTIFF’S ATTORNEY: Marvin A. Devlin, Devlin & Robinson, Atlanta. DEFENDANT’S ATTORNEY: Charles R. Beans, Hawkins & Parnell, Atlanta. INTENTIONAL TORTS False accusation verdict costs Brink’s $8 million Brink’s Inc., the global security firm and armored car operator, was hit with an $8.26 million malicious prosecution verdict by a federal jury on Oct. 2. Mario Martinez, 40, who worked for Brinks as a money carrier, had dropped off 26 bags of money at a Brink’s office in Riviera Beach, Fla. One of them held $350,000, which, Brink’s claimed, Martinez stole off the cashier’s counter. A surveillance camera showed the money on the counter in one frame, and then missing in the next. Martinez was arrested and charged with stealing the bag, but was acquitted. He sued Brink’s, which is based in Darien, Conn., claiming that the allegations brought against him were unfounded. Brink’s contended that the police and prosecutors made an independent determination of probable cause. Martinez v. Brink’s Inc., No. CL0103469AH (S.D. Fla.). PLAINTIFF’S ATTORNEY: Daren Stabinski, Stabinski & Funt, Miami DEFENSE ATTORNEY: Peter Walsh, Gaebe, Mullen, Antonelli, Esco & DiMatteo, Miami SCHOOLS AND EDUCATION Girl struck by pipe gets $100,000 from school A 16-year-old student who suffered a serious injury while watching a kickball game at a Flagstaff, Ariz., high school is entitled to $100,000 from the school district, an Arizona jury found on Oct. 7. A student jumping off the field’s dugout swung on a batting cage, causing a 45-pound pipe to dislodge and strike Ashlie Daulton on her head, fracturing her skull and causing a subdural hematoma. Daulton sued the Flagstaff Unified School District for negligent supervision of children and negligent design, construction and maintenance of the cage. The school district denied liability, raised comparative negligence on the part of the students that leaned on the cage and argued that Daulton was not permanently injured. The district was found 100% at fault and the students were found not at fault. Daulton v. Flagstaff Uni-fied School District, No. CV-2001-511 (Coconino Co., Ariz., Super. Ct.). PLAINTIFF’S ATTORNEYS: Tony S. Cullum, Law Office of Tony S. Cullum, Flagstaff, Ariz.; Terrence J. McGillicuddy, Terrence J. McGillicuddy P.C., Phoenix DEFENSE ATTORNEY: Daniel J. Stoops, Mangum, Wall, Stoops & Warden, Flagstaff SPORTS & RECREATION Jury compensates golfer blinded by errant shot A golfer who was blinded in his left eye when struck by an errant golf ball was awarded $265,000 in damages by an Iowa jury on Oct. 9. Richard Summy, 53, was in a golf cart on the 18th hole at Waveland Golf Course, owned by the city of Des Moines, Iowa. He was hit in the eye by a ball hit by Richard Thomas from the first tee, 150 yards away. Summy sued the city, claiming that a tree-line barrier between the adjacent first and 18th holes was not maintained, in that some of the trees were allowed to die without being replaced. The city contended that it did not plant additional trees because it was never informed of a safety problem, and argued assumption of the risk. The city was found 75% at fault and Summy 25% at fault. Summy v. City of Des Moines, No. CL-87296 (Polk Co., Iowa, Dist. Ct.). PLAINTIFF’S ATTORNEY: Martin Spellman, Spellman, Spellman, Spellman, Spellman, Kealhofer & Spellman, Des Moines, Iowa DEFENSE ATTORNEY: Dale Knoshaug, Hanson, Bjork & Russell, Des Moines TORTS Okla. doctor liable for baby’s death on delivery An obstetrician was found liable for the death of a baby during delivery by a federal jury that awarded the parents $5 million on Oct. 2. Carol Davis, 41, went into preterm labor and called Fenton Sanger. Sanger told Davis that the contractions were caused by indigestion. After Davis arrived at the hospital, nurses discovered ruptured membranes and bony parts in her vagina and called Sanger at home. He arrived and proceeded with the delivery, but the baby became trapped in the birth canal and died of asphyxiation. Davis and her husband, John, claimed that Sanger’s failure to order a C-section caused the baby to be strangled by Davis’ cervix. Davis v. Sanger, No. CJ-2001-1395-63 (W.D. Okla.). PLAINTIFFS’ ATTORNEY: Steven T. Horton, Abel, Musser, Sokolosky, Mares, & Kouri, Oklahoma City DEFENSE ATTORNEY: Robert C. Margo, Short, Wiggins, Margo & Butts, Oklahoma City McDonald’s outlet to pay for beating of customer A man who was dragged out of his car and beaten by employees of a McDonald’s restaurant was awarded $30,000 by a Maine jury that, on Oct. 10, found negligence and intentional tort. Kenneth Hanlon, 35, went to the McDonald’s in Westbrook, Maine, where a dispute arose between him and employee Patricia Frank at the drive-thru as to whether he had paid. After Hanlon was heard using obscenities, the manager asked him to leave the premises, and told the employee to go home. After leaving the drive-thru, Frank punched Hanlon through the car’s open window. Other workers joined in. Hanlon sued Frank, another worker, the manager, McDonald’s Corp. and the franchisee. McDonald’s and the manager were found not liable, but the franchisee, Frank and the other worker were found jointly and severally liable. Hanlon v. Frank, No. CV02-492 (Cumberland Co., Maine, Super. Ct.). PLAINTIFF’S ATTORNEYS: Daniel G. Lilley and Christian C. Foster, Daniel G. Lilley Law Offices, Portland, Maine DEFENSE ATTORNEYS: Jonathan W. Brogan, Norman, Hanson & Detroy, Portland; Phillip E. Johnson, Johnson & Webbert, Augusta, Maine WORKERS’ COMPENSATION General contractor liable for $21M after beam falls A steel beam that struck an ironworker, severing his left arm and causing a serious head injury, resulted in a $20.94 million award against the general contractor. The beam had broken free of the crane. Rick Blaisdell, 35, sued numerous parties connected to the construction project, but only the case against general contractor Frederick Quinn Corp. of Addison, Ill., reached trial. Blaisdell contended that Frederick Quinn was ultimately responsible for safety and supervision at the site. He claimed that Frederick Quinn was negligent in allowing the beam to be lifted over the heads of the workers, as well as for allowing the crane to be placed in the position in which it was. Frederick Quinn denied any negligence, assigned fault to the crane operator, who was a co-employee of Blaisdell, and claimed that the placement of the crane was proper. Blaisdell v. Frederick Quinn Corp., No. 99 L 12226 (Cook Co., Ill., Cir. Ct.). PLAINTIFF’S ATTORNEYS: Daniel V. O’Connor and Marc A. Taxman, Anesi, Ozmon, Rodin, Novak & Kohen, Chicago DEFENSE ATTORNEYS: William G. Beatty, Johnson & Bell, Chicago; Michael Charysh, Charysh and Schroeder, Chicago; Philip W. Domagalski and Edward J. Murphy, Williams Montgomery & John, Chicago; Elisha S. Rosenblum, Wilson, Elser, Moskowitz, Edelman & Dicker, Chicago; William T. Weaver, Lord, Bissell & Brook, Chicago More information about these cases, as well as full reports on other verdicts and settlements, can be found in the VerdictSearch National Reporter or at www.VerdictSearch.com. To submit a case, call (212)313-9057, fax (212)313-9145 or use the form at www.VerdictSearch.com/submit. For subscription information or jury verdict research, call (800)832-1900.

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