February 2008 Archives

Woman struck by bus wins lawsuit

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Jurors decided that the Massachusetts Bay Transportation Authority must pay $10 million to a woman that was struck by a bus while waiting at the bus stop. The Plaintiff now requires constant care for her multiple injuries from the accident. The parties are reviewing thier options for a possible appeal. Boston Globe 2/12/08 Maryland law handles bus accidents much differently than other jurisdictions.

Vermont Hospital Settles Suit

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A hospital in Vermont has agreed to pay 4 million dollars to a former surgeon to settle claims that the surgeon made regarding the manner in which he left his employment with the hospital. Specifically, the surgeon claims that the hospital tried to force him out after he criticized patient safety standards. The surgeon claimed that the hospital intentionally contaminated the surgical fluids for a few of his patients. The doctor then claimed that the hospital accused him of mental instability to try and discredit him. Burlington Free Press 1/29/08"

Rhode Island Nightclub Fire

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Two Rhode Island television stations and a cameraman have agreed to a settlement with some of the the plaintiffs in the 2003 nightclub fire that killed 100 people. The lawsuit alleges that an exit door was blocked by the cameraman which did not allow patrons to leave the nightclub after the fire broke out. The tentative settlement, reached in a mediation, for $30 million is the largest settlement from the 2003 fire. Boston Globe 2/2/08 Mediation can be a very useful tool in the facilitation of settlements in personal injury cases. In a mediation, a skilled mediatior will have the parties put forth their side of the case to the parties in the mediaton and have each party state what they would prove should the case go to trial. Usually the mediator will then separate each of the parties into different rooms. In most cases, the mediator will go back and forth between each room in an attempt to bring the parties closer together to a mutually agreeable number. Frequently, parties request a mediation in personal inury cases because they do not feel that a settlement can be reached on their own and they need the assistance of someone else.

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