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Brent Adams & Associates Blog

5/10/2008
Brent Adams
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According to United States Attorney John Brownlee,

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5/10/2008
Brent Adams
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Diabetes May Increase Risk of Glaucoma

A recent study published in the journal Ophthalmology discovered that women

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5/8/2008
Brent Adams
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Scotts Employee Fired Over Pesticide Recall

An employee of Scotts Miracle-Gro Co. the company says sidestepped federal requirements for registration of pesticides that resulted in a nationwide recall due to the risk of personal injury has been terminated, according to the company.According to the company, the firing is the first of many steps to boost product registration practices and procedures with regulators. the U.S. Environmental Protection Agency recently announced that it had issued a "stop sale, use, or removal" order against the company over illegal, unregistered, and misbranded pesticides. According to the company, the pesticide the order applies to is no longer in use by its Scotts LawnService subsidiary.The company said that it had learned that one of the former employees had been deliberately circumventing company policies and causing invalid product registration forms to be submitted to federal and state regulators in addition to hiding those actions from other members of the company, according to Chairman and CEO Jim Hagedorn.The actions are the result of an investigation conducted by the EPA, U.S. Department of Justice, and Ohio Department of Agriculture.

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4/28/2008
Brent Adams
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Ball Park Has No Duty To Protect Against Foul Balls

The state Supreme Court of Nevada ruled that baseball team owners only have a limited duty to protect spectators. The court rejected the appeal of Kathleen Turner, who received personal injuries in May of 2002 after being hit by a foul ball at a Las Vegas 51s baseball game.

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4/25/2008
Brent Adams
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Dentist Sues Benny The Bull

A dentist from Illinois has filed a personal injury suit on Monday, April 21 against NBA franchise the Chicago Bulls over a high-five gone wrong with the team’s mascot, Benny the Bull. According to Dr. Don Kalant, Sr., he was sitting near courtside on February 12 when he raised his arm to receive a high-five from Barry Anderson, the man inside the bright red, fuzzy costume that portrays the mascot.

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4/18/2008
Brent Adams
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Long Overtime Hours Are No Basis For Workers' Compensation Benefits

The high court of Massachusetts has ruled that a construction worker for the “Big Dig” highway project in Boston, Massachusetts has no entitlement to benefits for workers’ compensation for the personal injuries he suffered as a result of falling asleep while driving home late from work.

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4/10/2008
Brent Adams
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Mortgage Lenders Must Pay $ 99 Million Punitive Damages

Mortgage Lenders

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4/7/2008
Brent Adams
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Hospital Settles With Patients on Civil Suit against Cardiologist

Almost $10 million later, the case against Dr. Mehmood Patel of Lafayette, La. is closed.

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3/30/2008
Brent Adams
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Hulk Hogan Sued Because of Son's Racing Crash

On Monday, March 24, a negligence suit was filed for the man

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3/27/2008
Brent Adams
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Refieries Sued After Benzene Exposure Leads to Illness and Death

The daughter of a deceased former metal worker has filed suit against the various refineries throughout Port Arthur, Texas he worked at for the personal injuries through illness he received and his eventual death after he was allegedly exposed to enough benzene at the refineries to cause him to develop leukemia. Sally Logsdon, the daughter of Lonnie Logdson, who was employed as a sheet metal apprentice from 1946 through 1952 at the refineries, seeks financial compensation for her father’s illness and death. The suit, filed on March 18, 2008  in the District Court of Jefferson County, Texas, names Chevron USA, Chevron Phillips Chemical Co., and Gulf Oil Corp. as defendants, claiming that Lonnie Logsdon was exposed to benzene during his six years of working as an apprentice in Port Arthur due to their negligence. They have been accused by the suit of “needlessly exposing him to products containing benzene.” According to the suit, the defendants were aware of the chemical emissions, including benzene, and released them into the ambient air despite knowledge they would travel throughout the premises owned or operated by them and that persons such as Logsdon would inhale and absorb them. The suit alleges that the defendants knew or should have known that the chemicals had a risk of causing cancer or other chronic diseases which could result in death. It also says that a significant amount of the emissions were unnecessary and could have been drastically reduced, which would have also reduced the resulting personal injuries, damages, and disease. The suit also alleges that the defendants were negligent in their failure to provide a safe work place and take necessary safety precautions for the safeguarding workers from benzene. Sally Logsdon filed the suit seeking punitive damages, loss of companionship, and mental anguish in addition to the suffering, medical and funeral expenses, and mental anguish of her father.

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3/19/2008
Brent Adams
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Oklahoma Nursing Homes Can't Afford Liability Insurance

Nursing facilities that carry no liability insurance are gambling. But most of them have no choice but to roll the dice. Available funds pay for resident care, staffing and administrative costs.

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3/19/2008
Brent Adams
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FEMA Sued Over Hurricane Katrina Formaldehyde Expossure

A massive lawsuit has been filed naming the Federal Emergency Management Agency (FEMA), which supplied hurricane victims in 2005 with about 120,000 travel trailers, and the manufacturers of the units as co-defendants. The suit charges that there were dangerous levels of formaldehyde in the units.

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2/21/2008
Brent Adams
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Man Uses His Dog As A Weapon: Dog Then Attacks Owner

On Thursday, February 14, two people in Laurel, Mississippi were sent to South Central Regional Medical Center after receiving personal injuries from being attacked by a dog. One of the two was the owner of the animal.

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2/20/2008
Brent Adams
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New York reexamines "one dog bite rule"

The case of a Labrador mix who caused an 8-year-old girl “disfiguring personal injuries” by biting her in the face has made it all the way to the highest court in the state of New York, which puts the “one-bite rule” of the state at risk. In 2003, the dog, Scooter, bit the girl on the cheek inside a toy store in Bridgehampton, New York. Her parents promptly filed suit against toy merchant Juan Mendez, who is the owner of the dog. Mendez claims that the dog had never acted aggressively before. On Thursday, February 14, in the New York State Court of Appeals, James Forde, the attorney for Bernstein, challenged the “one-bite rule” of the state. The rule, which is 180 years old, suggests that owners of dogs that have never showed vicious behavior in the past are not liable for attacks.

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1/22/2008
Larry
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New Jersey Man Files Age, Gender Discrimination Suit

 

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1/10/2008
Larry
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Caregiver Walks With Probation after Harassing Elderly Woman

Probation was all a Plattsburgh, N.Y. caregiver was given by a judge after she forced a 90-year-old woman to wear a diaper, hold a baby bottle and kneel on macadam in 90-degree heat for 30 minutes.

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12/27/2007
Larry
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Two Executioners Sue S.C. Prison System

Two former state Department of Corrections (DOC) executioners in South Carolina state prison system filed federal lawsuits claiming they lacked training to personally carry out state-mandated executions and that they would lose their jobs if they refused.

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12/27/2007
Larry
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Two Executioners Sue S.C. Prison System

Two former state Department of Corrections (DOC) executioners in South Carolina state prison system filed federal lawsuits claiming they lacked training to personally carry out state-mandated executions and that they would lose their jobs if they refused.

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12/20/2007
Larry
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Massachusetts Fines FedEx for Depriving Drivers of Workers' Compensation Benefits

Those FedEx trucks might even be driving faster to make up for a hefty fine from the Commonwealth of Massachusetts. The state’s attorney general’s office announced it was slapping the delivery company with a $190,000 fine for depriving “employees” workers compensation benefits, the Associated Press reported.

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12/16/2007
Larry
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Nursing Home Reform Act Assessed After 20 Years

Upon the 20-year review of the Omnibus Budget Reconciliation Act (OBRA) of 1987 enacted by Congress in 1987, ElderLawAnswers.com reports in 2006, nearly one-fifth of all certified facilities were cited for deficiencies that caused harm or immediate jeopardy to residents. Studies show nursing homes still are understaffed.

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12/12/2007
Larry
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New Illinois Law Protects Worker in Pay and Compensaation

On January 1, the Illinois Employee Classification Act takes effect, which redefines standards by which a worker is either an employee or independent contractor. The Illinois Department of Labor said it will enforce the law by imposing a fine of $1,500 per violation and $2,500 per violation for a repeat offender five-years.

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9/14/2007
Larry
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Can You Believe This Raleigh, North Carolina?

Raleigh, North Carolina, straight off the news wire:This is just another example of an inadequate school bus driver.  This five year old kid was hurt on the bus when the bus driver drove right past the kid's bus stop.  According to the parents, the kid required at least one staple in the back of his head because of a gash he sustained while riding on the bus. Where do some of these school districts hire these bus drivers?  I think that schools and local governments should have more stringent standards when hiring those people who are entrusted with the duty to drive our children to and from school.  This is not a duty to be taken lightly.  It seems like the schools don't even interview these people:  You got two legs?  Yep.  You got a driver's license?  Yep.  Ok, you're hired.  These types of senseless accidents must stop.  As a kid, I used to look forward to riding the bus with my friends.  Of course we would goof around but bus drivers all seemed to be pretty responsible.  Someone needs to put the fire under the school's butt to start preventing accidents.

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