Personal Injury Lawyer Blog

Appeals Court Rules Unborn Child Can Sue for Negligence - Friday, June 15, 2007

A child conceived but not yet born at the time of a negligent act can later sue over the negligence, a Wisconsin state appeals court has ruled. When a county judge dismissed a medical malpractice lawsuit brought on behalf of a 2-year-old boy whose father died from colon cancer, his decision was erroneous according to the District 2 Court of Appeals.

Judge Michael Gibbs wrongly concluded that Joseph Brusa, Jr. could not sue because he wasn't born until 18 months after Joseph Sr.'s cancer was misdiagnosed by Dr. Robert Fasano as "probable diverticulitis." Dr. Fasano recommended a follow up colonoscopy that revealed a tumor. The lawsuit filed on behalf of Joseph Jr. claims Dr. Fasano was negligent because he did not immediately diagnose Brusa's colon cancer. Joseph Sr. died four months after his son was born.

The appeals court ruled that a child conceived but not yet born at the time of the negligent act can later sue for loss of companionship due to medical malpractice.

Federal Government Sued After Man Drowns in Yuba River - Thursday, June 14, 2007

The widow of a California man who died in a Yuba River boating tragedy has filed a wrongful death suit against the federal government. The woman, Brigid Bailey, is seeking unspecified damages stemming from the death of her husband, Joseph Bailey, at Daguerre Point Dam in May 2005.

Mr. Bailey and his two sons went over the submerged dam in a boat because no signs were posted to warn of the hazardous conditions. Dam warning signs were supposed to be posted six miles, four miles, 1,500 feet, 1000 feet and at other locations upstream from the dam but were not. The signs had been made but had not yet been posted.

The Baileys had started their boating trip six miles upriver from the dam. One son, Sam, made it to the riverbank safely, and Joseph pushed his other son, Paul, out of harm's way far enough for him to be rescued by another boater. But Joseph was pulled underwater and drowned; his body was found down river twelve days later.

Accident-Prone Explorer Causes Major Problems for Ford - Wednesday, June 13, 2007

A Sacramento lawsuit set for trial in June 2007 claims the Ford Motor Company deceived consumers about the safety of the Ford Explorer, a sport utility vehicle (SUV), first built in the 1990's. The class-action Sacramento lawsuit was brought on behalf of over 400,000 Explorer owners; a Ford defense lawyer said a lawsuit of this magnitude could put the automaker at risk of collapse. The case will not be decided by a jury but by Sacramento Superior Court Judge David DeAlba.

Lawyers for the plaintiffs feel no sympathy for Ford's financial situation and claim that Ford should be punished for falsely marketing the Explorer's safety and reliability. The lawsuit contends that Ford knew that the Explorers were defective in that they were prone to rollover because of the high center of gravity of the vehicle. If the judge finds that Ford kept important safety information from the consumers then the company could lose billions of dollars it's made in profits in the last several years.

This SUV rollover lawsuit is the first class-action lawsuit of its kind, may last as long as two months, and will have at least six lawyers arguing each side of the case.

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