HO&P BLOG

Dallas electrical contractor awarded $2.41 million over knee, back injuries from workplace accident

A jury in Dallas, Texas has awarded a verdict of $2.41 million in a workplace injury lawsuit filed by an electrician who suffered serious back and knee injuries during an accident on the job. Jurors in the case ruled that the University of Texas Southwestern Medical School was negligent for injuries suffered by Johnny Munoz while he was performing repairs at an office building owned by the school in 2009. Read the full article…

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Consumers entitled to statutory damages against debt collector who misidentified creditor behind debts, court rules

The Fair Debt Collection Practices Act (FDCPA) provides that “any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person” for statutory “damages as the court may allow, but not exceeding $1,000” and “the costs of the action, together with a reasonable attorney’s fee as determined by the court.” 15 U.S.C. § 1692k(a). Among the provisions of the Act, “[a] debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” I15 U.S.C. § 1692e. Read the full article…

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Jury finds Acura’s seat belt defective and awards paralyzed man $55 million verdict against Honda

Carlos Martinez, 57, of York, Pennsylvania, was driving to work in suburban Baltimore when a tire blew out on his Acura Integra. Martinez lost control of the car and it rolled over. As the car was rolling, the seat beat failed to prevent Martinez’s head from hitting the roof of his car. Martinez was paralyzed in the accident. He filed suit against Honda, the company that manufactures Acura vehicles. Read the full article…

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Wrongful death lawsuit against Boston radiologist over lung cancer misdiagnosis ends in $16.7 million verdict

Back in 2006, Jeanne Ellis visited the emergency room at Brigham and Women’s Hospital with complaints of a persistent cough. A doctor ordered a chest X-ray to rule out pneumonia. Dr. Peter Clarke, a radiologist at the hospital, read the X-ray and determined it to be normal. Ellis was diagnosed with an upper respiratory infection and prescribed antibiotics. Read the full article…

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Table saw defect lawsuit against Ryobi allowed to proceed in federal court

Arthur W. Kennedy alleges that that he suffered severe and permanent personal injuries as a result of a table saw accident that occurred while using a device manufactured by Ryobi, Model No. BTS10S, on June 20, 2009. More than three year later, on April 1, 2013, Kennedy filed suit against Defendants Techtronic Industries North America, Inc., One World Technologies, Inc., and Ryobi Technologies, Inc. Kennedy alleges claims for strict products liability, negligence, breach of implied warranty of fitness, breach of warranty of merchantability, and reckless, willful or malicious conduct regarding the Ryobi table saw. Read the full article…

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Railroad crossing deaths of Ohio teens blamed on dangerous design, conditions

In June 2012, Jeffrey Chaya and Kevin Fox were about to graduate from Brunswick High School, about 30 miles south of Cleveland, Ohio. Chaya was driving Fox and others on Boston Road between the Townships of Columbia and Liverpool and between the Counties of Lorain and Medina. An Ohio State Highway Patrol report concluded that Chaya’s 2001 Chevrolet Cavalier was going 69 mph when it went airborne over the railroad tracks on Boston Road, east of Boone Road. The tracks rose abruptly from both sides of the roadway. The car landed, and Chaya lost control, veering right and left before hitting a tree, causing the car to flip over onto its roof. Read the full article…

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Texas Supreme Court says second-hand goods buyer may sue manufacturer for breach of implied warranty of merchantability

The law imposes an obligation that merchants sell merchantable goods. The so-called implied warranty of merchantability assures buyers that goods are, among other things, “fit for the ordinary purposes for which such goods are used.” When a purchased good falls short of this standard, a buyer who suffers an economic loss from a defect has a right of recovery through a suit for breach of implied warranty. Read the full article…

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Homeowners challenging robosigning, MERS System may proceed with ‘false documents’ claim against financial institutions, Ninth Circuit rules

Homeowners around the country have gone to court to challenge the use of the Mortgage Electronic Registration Systems, Inc. (“MERS”), an electronic mortgage registration system (“the MERS System”) by financial institutions. The MERS System is a private electronic database that records the ownership of and servicing rights in home loans. Various financial institutions are members of the MERS System. Read the full article…

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