Texas Woman Wins $15.8 Million in Damages After E-Z- Go Workhorse Utility Vehicle Malfunctions And Runs Her Over.

Posted on April 20, 2016 by gil hoy

Each year in the United States, millions of people are injured due to defective products. In addition, defective products cause thousands more to die. In 2007, known as the “Year of the Recall,” the Consumer Product Safety Commission recalled 473 defective products. That same year, faulty toys alone caused 232,900 injuries. While product designers, manufacturers and distributors all have a legal duty to ensure that a consumer product is constructed safely and properly, this responsibility is not always carried out. If you or a family member has been injured or killed by a defective product, it is wise to contact our Boston product liability lawyers for legal advice.

On December 5, 2011, Gini Nester was working on her ranch in Buda, Texas. She was driving an E-Z- Go Workhorse to transport cattle feed. The E-Z- Go Workhorse is a vehicle similar to a golf cart. When she got out to open a gate, a 50-pound bag of cattle feed fell on the vehicle’s accelerator pedal. This caused the vehicle to run Nester over. She suffered substantial injuries from the accident and remains paralyzed from the neck down.

According to the Austin Business Journal, Nester filed a lawsuit against the manufacturer, Textron Inc. A jury found that Textron Inc. and Nester were each 50 percent liable for the accident. Textron was liable for the “defectively designed and unreasonably dangerous” kick-off brake system. It was concluded that Textron knew about the defect before producing the vehicle, and came up with a solution to fix the problem but never implemented it.  The jury awarded Nester $15.8 million in damages, a record personal injury award for the federal U.S. Western District of Texas. Attorney Sean Breen represented Nester in this matter.

If you or someone you love was injured or killed by a defective product, you need to call our highly skilled Boston product liability attorneys at 617-787-3700 or email us at info@gilhoylaw.com.

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Woman Files Medical Malpractice Lawsuit Against Surgeons, Yale-New Haven Hospital and Yale Medical School.

Posted on April 4, 2016 by gil hoy

Massachusetts medical malpractice law follows the legal principles of joint and several liability, as well as vicarious liability. Joint and several liability is a term that means victims of medical negligence are allowed to recover the full judgment against any and all responsible parties. For example, if a doctor, nurse and anesthesiologist are all negligent during a surgery and caused the patient injury, the patient can collect the entire amount of their awarded damages from any one of the negligent parties. The legal premise of vicarious liability states that an employer is liable for the negligence of its employees, agents and servants if the person was negligent in the course of his or her employment. This means that medical corporations and hospitals are liable for the acts of their medical staff. If you believe you may have a claim for medical malpractice, it is wise to contact our Boston medical malpractice attorney experts as soon as possible.

On May 18, 2015, Deborah Craven went to the Yale-New Haven Hospital to have thoracic surgery. The surgery was being supervised by Dr. Anthony Kim, but was actually being performed by Dr. Ricardo Quarrie, a trainee and fellow at the hospital. According to nhregister.com, Craven alleges that Dr. Quarrie removed her seventh left rib, instead of the eighth left rib, which had a cancerous lesion on it. She also alleges that metallic coils marked the eighth left rib and had dye injected into her skin to mark the correct area; however, Dr. Quarrie allegedly still removed the incorrect rib.

After the surgery, Craven was still suffering from pain. She received an X-ray, which reportedly showed that her eighth rib was still intact and that the metal markers were still in place. Craven alleges that Dr. Quarrie then “falsely informed her that he had not removed enough rib during the surgery, and for that reason, she would need to undergo another surgery with general anesthesia.” Craven underwent a second surgery the next day, in which the eighth rib and metal coils were removed from her body.

Craven has filed a lawsuit against Dr. Kim, Dr. Quarrie, the Yale-New Haven Hospital, and the Yale Medical School. The lawsuit alleges that Kim failed to properly supervise Quarrie, that the defendants all failed to ensure that the correct rib was removed, and that they lied to Craven regarding the reason she needed to undergo a second surgery. Craven reports that she has suffered a limited ability to carry on life activities and she is suing for past and future medical expenses. Attorney Joel T. Faxon is representing Craven in this case.

If you or a loved one has suffered a serious injury or wrongful death as a result of medical malpractice, we can help. Call our Boston, MA medical malpractice lawyerexperts at 617-787-3700 or email us at info@gilhoylaw.com.

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Utah Woman Ordered to Quarantine Dog After Passing Cyclist Was Attacked.

Posted on March 3, 2016 by gil hoy

Many states, including Massachusetts, apply strict liability to dog owners or keepers, i.e., so long as the injured party was nottrespassing, or teasing, tormenting or abusing the dog, the owner or keeper can be held strictly liable for all damages caused by the dog bite or attack.  This means that all one has to do to prove their case to the court or insurance company is show that they sustained injuries from a dog attack incident and that the other party was, in fact, the dog’s keeper or owner at the time of the incident.  When assuming responsibility for a dog, you may also be held responsible for its actions.

Generally, dog bites are covered by the dog owner’s homeowner’s insurance policy.  However, if the dog owner does not have insurance, or if their policy does not cover injuries caused by dogs, then the only remedy is to file a lawsuit against the owner of the dog and go after the owner’s personal assets.

Washington County, Utah resident Richard Holt reportedly is going to file a personal injury lawsuit after being attacked by a dog this month.  Holt was riding his bicycle along Highway 265 on Wednesday, when a dog rammed into him and bit him on his leg.  The dog’s owner, Ashtyon Slavens, told 4029tv.com that her dog Bebe is a 2-year-old mutt, and wouldn’t hurt anyone unless provoked.  Holt asserts, however, that he was simply minding his own business and was attacked without provocation.  As a result of his injuries, Holt says he cannot walk or ride his bike, which used to be a daily routine.  Police have reportedly ordered Slavens to quarantine her dog, meaning it cannot leave her home and if in the yard must be connected to a leash within a fence.  If Holt is found to have not provoked the dog, Slavens may be held financially accountable for Holt’s personal injuries.

If you or a family member have been injured by a dog bite, please contact one of our expert personal injury lawyers. Call us 24/7 at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation.  Your needs are our top priority!

Posted in Boston Animal Attack Lawyer, Boston Bicycle Accident Lawyer, Boston Dog Bite Lawyer, Boston Negligence Lawyer | Leave a comment