In this Issue — October 2010

  • ATTORNEYS DIG DIGGING – OK, here’s a puzzle – Can you connect the pieces of the puzzle to get the answer?
  • Puzzle Piece #1 – Jury Awards $32.2 Million To Boy Left Quadriplegic

A jury awarded $32.2 million to a 17-year-old left quadriplegic when he jumped from a truck and hit his head on the road pavement. The family of Dillon Elkins will receive 80 percent of the award in the lawsuit against the driver. The accident occurred after Elkins and another boy hitched a ride in the bed of a truck and jumped from the truck while the truck was moving.

  • Puzzle Piece #2 – Why did the jury give money when it was the victim who jumped from the bed of the truck?

The answer comes with the third piece of the puzzle.

  • Puzzle Piece #3 – The answer was discovered by taking the deposition of the driver of the truck.

During questioning, the driver admitted that he told the victim to jump from the truck, because he saw a Highway Patrol car on the freeway and feared he would get into trouble. That’s why the jury awarded the jumper $32.2 million. That is how evidence is often obtained for use at trial: by digging and digging & asking question after question until you find the truth about what really led up to the accident that caused the victim’s injuries.

  • $29M In Nursing Home Death Because Of Chronic Under-Staffing And Delayed Treatment

The case alleged that Horizon West, owner of 33 nursing homes across California and Utah, delayed the diagnosis and treatment of Frances Tanner, a 79-year-old Alzheimer and dementia patient, for eight days after she fell and fractured her hip. During the delay, she developed a bed sore that was also listed as a cause of death on her death certificate. At trial, it was determined that the nursing home under-budgeted for staff and kept staffing at the bare minimum. The very day Turner fell, the nursing home signed off on a “deficiency citation” from the Department of Health for staffing below the required 3.2 nursing hours per patient per day. The facility cut back on staff on weekends and holidays, including the Labor Day weekend when Turner fell, because of overtime costs. Finally, the jury heard that the facility had only one licensed nurse on duty for over 40 Alzheimer and dementia patients. Now that is the kind of evidence that is going to get the jury very upset and that’s what led to this huge verdict.

  • $1.5 Million For Plaintiff In Botched Bunion Surgery

A jury has awarded $1.5 million in a med-mal case against a podiatrist for botching a bunion surgery. It was alleged the victim was lulled into a false sense of security by her podiatrist, who promised her she could get back to an active lifestyle and wear stylish shoes after bunion surgery. Wrong: After the surgery the victim kept having problems on the bottom of her foot – she said it felt like she was constantly walking on a rock. The jury obviously believed the surgeon promised more than he delivered.

  • Phone Group Sues San Francisco Over Radiation Law

The wireless industry has sued the city of San Francisco to stop a law that requires cell phone stores to post how much harmful radiation each phone emits. It’s the first law of its kind in the United States. Why would the wireless industry oppose providing this information to the public? Could it be because people might not use their cell phones as much if they knew how much radiation they are being exposed to? You have to decide that one!


If you or someone you know has been hurt in any of the following situations, please feel free to contact me for a free consultation: Personal Injury cases, Injuries Involving Surgery of any kind, Children’s Injuries, Fractured Bones, Vehicle Accidents, Catastrophic Injuries, Medical Malpractice cases, Wrongful Death cases, Product Liability/Defective Product cases, Homeowners Liability cases, Workers Compensation cases and Criminal Defense.

Now for this month’s question, with a chance to win a $50.00 gift card.
Labor Day is celebrated in what month? Come on it’s easy!!
Congratulations to Larry B. as the winner of this month’s drawing.