Month: October 2020

Are Slip and Fall Cases Hard To Win?

Slip and fall, or trip and fall accidents, a type of premises liability case, can be devastating, both physically and financially.

If you’ve recently been involved in a slip and fall accident and you’re thinking of filing a personal injury claim, you’re probably wondering what you’ll have to do to win.

Slip and fall cases are challenging because you have to prove three things, all of which are critical.

You have to prove that your accident was due to someone else’s negligence, you have to prove that it directly caused your injuries, and you have to prove that your slip and fall accident injuries have direct financial costs.

There are several ways a slip and fall accident can occur.

Whether it’s from a lack of

Four who settled for $4.7 MILLION in staged truck crash INDICTED

Prosecutors have added four more indictments to the dozens already issued in a growing investigation into massive fraud scheme involving staged truck crashes in New Orleans.

On October 16, federal prosecutors in New Orleans indicted four individuals — Anthony Robinson, 66, Audrey Harris, 53, Jerry Schaffer, 65, and Keishira Robinson, 25 — on charges of mail fraud and conspiracy to commit mail fraud.

The four people named in the October 16 indictment have been accused of intentionally causing a crash that resulted in a multi-million dollar settlement against a trucking company.

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That crash occurred on October 13, 2015, in the area of Alvar Street and France Road in New Orleans involving a C.R. England truck and a Michigan-based semi truck driver.

The U.S. Attorney’s Office describes the scheme:

…Co-Conspirator A, Harris, Schaffer, and K. Robinson intentionally collided with a tractor-trailer on October 13, 2015, in the area of Alvar Street and France Road in New Orleans. The Indictment alleges that Co-Conspirator A intentionally struck the 18 wheeler and then was picked up from the collision site by Damian Labeaud (“Labeaud”), who pled guilty to a previous indictment charging him and seven others with staging automobile accidents. A. Robinson, who had been in Labeaud’s vehicle, then got behind the wheel of his own vehicle to make it appear that he had been driving at the time of the staged accident.

As discussed in the Indictment, the passengers were referred to an attorney who paid Labeaud and Co-Conspirator A to stage accidents. All of the defendants were treated by doctors and healthcare providers at the direction of their attorneys, and A. Robinson, Harris, and Schaffer underwent surgeries. In total, the victim trucking and insurance company paid out approximately $4.7 million for the fraudulent claims associated with this staged accident.

Trucking company slammed with historic $412M jury verdict in crash lawsuit

A jury for a state court in Florida has ordered trucking company Top Auto Express to pay a man hundreds of millions of dollars for a nonfatal crash, shattering nuclear verdict records against trucking companies.

On Oct. 2, a jury in Florida’s Second Circuit Court awarded Duane Washington nearly $412 million for damages from a July 2018 crash. Although several defendants were initially named in the lawsuit, Pembroke Pines, Fla.-based Top Auto Express was the only defendant left by the time the jury reached a decision.

According to a news release from Washington’s attorney, Ben Crump, Washington was partially paralyzed in the crash that involved a 45-vehicle pileup on Interstate 10. The crash was the result of wet road conditions and a Top Auto Express truck speeding.

At the time of the crash, Washington, a former career Army sergeant, was riding his motorcycle on the interstate near Tallahassee. In an attempt to avoid the scene, Washington tried to steer his motorcycle onto the median. However, he ended up crashing into a stopped truck. That truck did not have lights on while in the emergency lane.

Washington sustained life-altering trauma, including breaking both sides of his pelvis away from his spine, severe colon and urethra damage, permanent incontinence, and loss of sexual function, according to Crump. As a result of his injuries, Washington had a colostomy bag installed during his six-month hospital stay. Currently, Washington can walk only with a specialized arm crutch.

3M Combat Arms MDL Passes Asbestos as Largest Ever

3M Combat Arms Earplug products liability multidistrict litigation (MDL) now has the most actions of any MDL ever. And, as plaintiffs claim these earplugs were standard military issue for more than a decade, this may only be the tip of the iceberg.

According to reports from the U.S. Judicial Panel on Multidistrict Legislation, including the most recent Oct. 15 MDL Statistics Report, the IN RE: 3M Combat Arms Earplug Liability Litigation MDL has amassed 203,722 total actions since its 2018 inception, surpassing IN RE: Asbestos Products Liability Litigation, which has been pending since 1991.

The 3M earplug litigation has its origins in a 2016 dispute under the False Claims Act between 3M and plaintiffs Moldex-Metric Inc. and the United States. In that case, 3M’s subsidiary, Aearo Technologies, allegedly supplied defective earplugs to the U.S. military, falsely certifying in response to the

3M Forces VA Doctor to Testify About Hearing Exam

A Veterans Affairs audiologist must testify about a former military service member’s hearing exam for an upcoming test case in litigation over allegedly defective 3M Co. earplugs, a federal court in Florida ruled.

Magistrate Judge Gary R. Jones’s Oct. 9 ruling for 3M is his second against an agency in recent months as the government seeks to avoid entanglement in the vast litigation consolidating suits by members of the military and others. The plaintiffs allege 3M’s Aearo Combat Arms Version 2 earplugs left them with hearing loss and

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