201409.29
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Parties agree to Settlement of Restaurant Lighting Accident Injury Claim

A restaurant lighting accident injury claim has been settled for $702,000 after the parties in the case negotiated a settlement during a court hearing.

The restaurant lighting accident injury claim concerned Deidrenne Ashcraft from San Mateo in California who, on 18 June 2011, attended the Roe Restaurant on Howard Street in San Francisco to see a show by rapper Mickey Avalon.

While thirty-seven year old Deidrenne was waiting for the show to begin, a lighting tree on the stage toppled over and hit Deidrenne on her head and right shoulder. Deidrenne was taken to hospital by emergency services, where she was diagnosed with concussion, a head injury and a tear to her right Genoid labrun known as a “SLAP tear”.

Deidrenne had to undergo two years of physical therapy before the injury to her shoulder healed; during which time she developed a vestibular disorder – a condition which affects a sufferer´s balance – which has prevented Deidrenne from returning to her job as a recruiter ever since her accident.

Deidrenne made a restaurant lighting accident injury claim after seeking legal advice against the owners of the Roe Restaurant and the company from whom the lighting equipment had been hired. She alleged in her action that the lighting tree had not been secured and that there had been a failure to provide patrons with a safe environment as a result.

The two defendants denied their responsibility for Deidrenne´s injuries and claimed that they had been caused by her own actions due to being intoxicated. They also alleged that there had been no witnesses to the accident until Deidrenne´s lawyer produced a recording of the 911 emergency call after the accident which proved how Deidrenne´s injuries had been sustained.

Despite liability being established, the parties could not agree on how much compensation for a restaurant lighting accident Deidenne was entitled to. The defendants´ lawyers failed to agree that Deidrenne´s injuries would prevent her from working in the future and claimed that there was no justification for alleged future medical expenses.

The case was scheduled to be heard at the Superior Court of San Francisco County before Judge Cynthia Lee. However, as the hearing began, the two parties announced that a settlement of Deidrenne´s restaurant lighting accident injury claim had been negotiated amounting to $702,000.

201409.16
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Glass Ban Introduced to Reduce Accidents on Las Vegas Strip

Clark County Commissioners have approved a ban on all glass containers between Russell Road and Sahara Avenue to reduce the number of accidents on Las Vegas Strip.

From September 26th, everybody carrying a drink along Las Vegas Boulevard must do so in a plastic or paper container according to a new ordinance announced by Clark County Commissioners this week. The move comes in an attempt to reduce accidents on Las Vegas Strip and reduce the potential for injuries from violence, but the new law has been met with criticism by some bar and store owners.

The ordinance was approved after the Deputy Chief of the Las Vegas Metropolitan Police Department – Todd Fasulo – gave evidence to Commissioners that a ban on glass containers would help keep the resort corridor clean and cut down on the injuries from violence. Deputy Chief Fasulo said that there had been an increase in violent crime since 2011 where glass containers had been involved and one recent homicide.

However, Barry Yost – owner of a 7-Eleven franchise on the Strip – argued that there was not that amount of garbage on the Strip and that the move to ban glass could be detrimental to tourism in the area. He claims that making visitors to Las Vegas drink from plastic and paper containers will reduce the enjoyment of their experience and they will start to visit less often.

Local tourists were divided on the issue – some claiming that any move to reduce accidents on Las Vegas Strip was a good one, especially when a high volume of alcohol was being consumed, while others believed that the ordinance was not in keeping with the Strip´s reputation as a non-stop party venue.

How difficult the ordinance will be to enforce after September 26th is an issue for the Las Vegas Metropolitan Police Department, who will have the powers to charge people drinking from glass containers and fine them for a misdemeanor.

201406.05
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Supreme Court Sends Claim for Knee Injury at Palms Hotel-Casino Back to District Court

The Nevada Supreme Court has overturned a District Court decision in a claim for a knee injury at the Palms Hotel-Casino in Las Vegas and ruled that it should be re-tried.

Enrique Rodriguez was standing at the Sportsbook Bar in the Palms Hotel-Casino on 22nd November 2004, when an actress hired by the Palms Hotel and dressed as a cheerleader threw sports souvenirs to patrons of the bar during the halftime interval of a football game.

As items such as T-shirts, footballs and empty water bottles were thrown into the crowd, a female patron crashed into Rodriguez´ extended and stationary left knee – causing him to fall to the ground where he hit his head against the solid floor of the bar.

Rodriguez claimed that he had suffered knee pain, back pain, neck pain, sleep apnea, depression and obesity due to ingrown toenails as a result of the incident, and he made a claim for the knee injury at the Palms Hotel-Casino alleging premises liability and negligent supervision.

In a non-jury trial in April 2011, Clark County District Court Judge Jessie Walsh found in Rodriguez´ favor and awarded him $6.6 million compensation for his knee injury at the Palms Hotel-Casino which included more than $2.1 million for past and future medical expenses.

The Palms Hotel disputed the amount of the award and appealed the verdict on the grounds that Judge Walsh had excluded testimony by a security official about the crowd control that would have been favorable to the Palms.

At the Supreme Court in Nevada, a three-judge panel ruled that, although the Palm Hotel was still liable for the accident, the claim for a knee injury at the Palms Hotel-Casino should be re-tried at the District Court with a different judge, and without the testimony of a doctor who treated Rodriguez after the accident.

201202.06
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Salmonella in Watermelon Claims Investigated by Food Standards Agency

The Food Standards Agency is investigating salmonella in watermelon claims following the death of one person and thirty other reported cases of food poisoning in the UK relating to pre-packed ready-to-eat watermelon slices.

Cases of similar illness have also been reported in Germany and the Republic of Ireland, and officials at the Health Protection Agency are treating the outbreak of salmonella poisoning with particular caution – issuing advice to wash all fruit and vegetables thoroughly before eating them.

The origin of the salmonella contaminated watermelons is not yet firmly established, but they are believed to come from a food preparation unit in Brazil; where the watermelons may have been washed in unclean water or cut with a contaminated knife.  Of the thirty people known to have developed the “Salmonella Newton” strain of salmonella, fifteen have confirmed that they had eaten watermelon within the preceding week.

The salmonella in watermelon claims victims in similar ways to other strains of food poisoning, with victims suffering from diarrhoea, vomiting, fever and abdominal pains which last from four to seven days. Some people will need a course of antibiotics to prevent complications such as septicaemia and infection, and people recognising the early symptoms of food poisoning are advised to seek medical attention immediately.

Subject to the medical prognosis, it will be possible for salmonella in watermelon claims for compensation to be made against the retail outlets responsible for selling the contaminated watermelons. This is most likely to be snack kiosks or small shops with self-service fridges rather than the larger grocery stores, although some cafes and restaurants may also be liable if they have served the contaminated watermelons on their premises.

In order to assist with determining liability and the preparation of injury compensation claims, those suffering from salmonella in watermelon food poisoning are advised to speak with a lawyer at the earliest possible opportunity.

201111.25
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Leg Amputation Settlement set at £160,000

A pensioner, who broke his leg in three places when falling into a hole at his local park, has been awarded £160,000 in a leg amputation settlement from his local council after the injuries resulted in the amputation of his leg.

Edward Tuffrey (67), a retired window washer from Barnes, Middlesex, was taking his dog for a walk in the Suffolk Road Recreational Ground in May 2006 when his foot fell into a ten-inch hole in the ground. Despite the insertion of a metal plate and nine screws, the leg would not heal and after the metal plate snapped in 2008, an infection developed in the leg which lead to its amputation.

Edward took a personal injury claim against Richmond Council on the grounds that he and other local residents had complained to the council about the state of the recreational area for several years without anything being done. Richmond Council were found negligent and to blame for Edward´s injuries by the Mayor and City of London Court in October 2010 but given leave to take an appeal.

Prior to the appeal case was scheduled to be heard in December 2011, the council and Edward´s lawyers arrived at a negotiated settlement which will see the council pay Edward 160,000 pounds for his injuries.