Archive for September, 2007

McDonald’s Customer Claims Civil Rights Violated

Friday, September 28th, 2007

A disabled woman that visited McDonald’s, the fast food giant, as a customer has claimed that her civil rights were violated by rude staff members. The mother of four claims that staff refused to serve her because of the way that she wanted to collect her food as a result of her disability.

The woman, Dawn Larson, suffers from a disability known as Holt-Oran Syndrome, and this is where the hands and arms are not properly developed. As a result of the under-development of the hands and arms Dawn stated that she has had to learn to pick up things and carry out many day to day duties using her feet instead of her hands.

According to her report, the problem at McDonald’s stemmed from her wishing to place an order, which she was then intending to collect from the drive thru windows using her foot. The two McDonalds restaurants in question are both in Rockford, and Larson claims that staff at both branches refused to serve her.

A manager for the two branches of the fast food chain has confirmed that the allegations are being treated seriously, and that the matter is going to be thoroughly investigated.

Eye Injury Victim Sues Eye Doctor

Thursday, September 27th, 2007

A lawsuit has been filed against an eye doctor after a teenage boy was injured as the result of a firework. The teenager from Bakersfield was hit and injured in the eye after a Roman candle went off. The lawsuit has been filed against an eye doctor who is accused of purchasing the fireworks.

The incident occurred when the seventeen year-old and some of his friends were playing around in a vacant parking lot. While playing with the fireworks a Roman candle went off and injured the teenager, Steven Rogers, in the eye. A lawyer for the plaintiff claims that he could lose the eye and has still not regained sight in it.

The lawsuit alleges that Dr. James Schuler purchased the fireworks in Wyoming, a state where they can only be sold to adults. The report goes on to state that the doctor sold some of the fireworks to one of Rogers’ friends when he returned home, although they were illegal in California.

However, the doctor has denied purchasing or selling any fireworks, and that the lawyer for the plaintiff must have his facts wrong.

Delayed Execution Results In Lawsuit

Wednesday, September 26th, 2007

The executions of a condemned prisoner has resulted in a lawsuit being filed by the family as a result of the execution being delayed and taking an hour or so longer than is the norm. The mother of the prisoner has now filed a lawsuit stating that the way executions are carried out must be changed. Her lawsuit has been filed against the head of Ohio’s prisons.In May 2006 Joseph Clarke was executed, but the execution took around ninety minutes compared to the normal time of around thirty minutes. According to the lawsuit the execution of Clark took such a long time that it should be considered unconstitutional, cruel, and unusual punishment.

Even a relative of the person that Clark had killed made a comment at a recent news conference, stating: ‘Nobody should have to die a horrible death’. Clark’s mother filed the lawsuit in Cincinnati Federal Court following the execution of her so.

According to reports staff at the prison were unable to find a vein on Clark for some time when administering the lethal injection, and then the vein that they did find collapsed. Apparently, after a number of bungled attempts onlookers heard Clark asking staff to give him something to end it all.

Civil Lawsuit Filed Against Hit And Run Driver

Tuesday, September 25th, 2007

A civil lawsuit has been filed against a driver that has been accused of a hit and run accident that resulted in the death of a pensioner. The thirty million dollar lawsuit was filed in Montgomery County Circuit Court with regards to the accident that took place late last year in Rockville where the hit and run allegedly occurred.

Following a preliminary hearing a settlement hearing in relation to the case has been scheduled for March of next year. The accused, David Marc Friedlander, forty-one years old, is accused of mowing down the woman in a bakery vehicle and failing to stop.

Sixty-nine year-old Ketty Emilce Alvarado was killed as a result of the hit and run accident. She was dragged for nearly a mile and a half by the vehicle according to reports. Both the driver and his employer are being sued, and the family are seeking ten million dollars in compensatory damages, ten million dollars in punitive damages, and ten million dollars for wrongful death.

The company for which the driver worked also issued a statement following the accident, reading: ‘‘H&S Bakery continues to have the deepest sympathy for the family of Mrs. Alvarado. As the proceedings to determine what happened that morning are ongoing, we are unable to discuss any specific details,” the statement continues. “We can only say we have, and will continue to, cooperate fully with the authorities.”

Class Action Lawsuit Filed Against GT Resort

Monday, September 24th, 2007

Employees from the Grand Traverse Resort and Spa have filed a million dollar lawsuit against the company alleging that the company could owe staff as much as one million dollars that was held back from wages between 2000 and 2006 in order to aid marketing. According to the lawsuit the major area employer was holding back one hundred and fifty dollars every two weeks from many staff members’ pay checks in order to fund marketing.

The class action lawsuit was filed late last week in 13th Circuit Court. The lawsuit alleges that the company violated wage and employment laws when it held back the money from many employees.

Traverse City attorney Enrico Schaefer, who represents over 150 current and former employees from the company, stated: “Employees started complaining approximately a year ago which resulted in a disclosure by the resort that the resort has been unilaterally and without permission deducting $150 from each paycheck and had been doing so for at least six years. That $150 was apparently being deducted as a marketing expense by the resort.”

He added: “A Michigan statute makes it unlawful for employers to deduct amounts from an employee’s paycheck without their full, free, and written consent. This particular deduction was never disclosed to employees and they never even knew about it.”

Workers From Guatemala Receive Lawsuit Settlement

Friday, September 21st, 2007

Twelve workers from Guatemala have received compensation after a lawsuit that they filed against a nursery in Connecticut was settled. According to the lawsuit that was filed the workers were made to work for over eighty hours a week yet were underpaid. The lawsuit was filed against Imperial Nurseries of Granby.

The terms of the settlement have remained confidential, but officials from the nursery’s parent company have confirmed that the plaintiffs in the case will be receiving financial award for the problems that they allege to have gone through with regards to their working hours and their low pay.

The federal lawsuit was filed in February of this year, and according to the twelve plaintiffs they were brought to the United States under false pretences, but once they arrived in the country they were mistreated. With regards to the compensation that they will be receiving one official stated: “It was the prudent thing to do.”

The workers from Guatemala were contracted and recruited by a labor contractor from North Carolina, Pro Tree Forestry Services. The lawsuit against Pro Tree will continue.

Man Files Lawsuit Over Child Support Imprisonment

Thursday, September 20th, 2007

A man who was imprisoned for falling behind with child support payments has filed a lawsuit against the state of Texas. The man has filed the federal lawsuit in the hope of recovering damages as well as to stop the state from doing the same thing to other people.

Bryan Cottingham was sent to jail for two days in 2002 because he fell behind on payments on his child support. The freelance television producer was earning seventy-five thousand dollars a year in the 1990s and had been paying child support based on the salary that he was earning.

However, due to problems with the business his income dropped dramatically, and he had to alter the payments he was making. As a result of the eighty percent drop in his income he found himself owing thirty-seven thousand dollars in back child support and almost the same amount in alimony.

However, the Tennessee Supreme Court rules that it could not be proven that Cottingham had the money but simply did not want to pay, and he now plans to recover damages from the state with his lawsuit.

Judge Loses Lawsuit Against Drycleaners

Wednesday, September 19th, 2007

An administrative law judge who filed a multi-million dollar lawsuit against a drycleaners has lost his lawsuit, much to the delight of other legal professionals who were allegedly embarrassed by the case. The lawsuit was filed by the judge after claiming that the drycleaners lost his trousers. He attempted to sue the company for fifty-four million dollars, but after losing the case may now have to pay the legal fees for the Washington DC drycleaners.

The Superior Court Judge that dealt with the case stated that there was no proof that the drycleaners had lost the trousers in the first place. The plaintiff had also stated that the drycleaners afford a satisfaction guarantee. However, the ruling judge said that this was not supported by law.

She stated: “A reasonable consumer would not interpret ‘Satisfaction Guaranteed’ to mean that a merchant is required to satisfy a customer’s unreasonable demands.” The owners of the drycleaners had to spend thousands on legal fees to defend themselves.

An attorney for the drycleaner said of the ruling judge: “Judge Bartnoff has chosen common sense and reasonableness over irrationality and unbridled venom.”

High Ranking Officer Sues Louisiana State Police

Tuesday, September 18th, 2007

A high ranking officer with Louisiana State Police has filed a lawsuit in Baton Rouge claiming that she was humiliated on the job and that she has regularly been passed over for promotion. Twenty-nine year-old Major Genevieve May is the highest ranking female officer for Louisiana State Police and is a commander in the gaming enforcement division.

According to the officer she has applied for a position as lieutenant Colonel many times, but each time she has been passed over and the job has gone to men that had less experience than she did. She also claims that Shreveport Mayor Cedric Glover’s nominee to be city police chief, Henry Whitehorn, embarrassed her on the job on many occasions.

She claims that Whitehorn kissed her hand instead of shaking it, and that while French officers were visiting he told her that her job was to do washing up.

According to reports May and Whitehorn held a meeting last year so that May’s concerns regarding her promotional prospects could be discussed. However, she claims that her concerns were not looked into, and she then had to go to the human resources department and general counsel.

Former Student’s Lawsuit Dismissed

Monday, September 17th, 2007

A lawsuit that was filed by a former student from Jonathan Law High has been dismissed by a Superior Court judge. The lawsuit was filed against educational officials from Milford, and the former student claimed that she had been sexually exploited by a basketball coach.

The name of the plaintiff in the case was withheld, but according to her lawsuit she had a three year sexual relationship with the coach. The plaintiff is age nineteen and the coach, Robert Dulin, is forty-eight years old.

The lawsuit alleges that the long-term affair was known about by officials, and had been ongoing for several years. The woman claimed that former Superintendent Greg A. Firn and guidance counselor Suzanne Meyer-Farrell did not report their knowledge of the affair between the coach and the student.

After the case was dismissed an attorney for the city stated: “This is complete vindication for the municipal officials, who never should have been sued in the first place.” The coach was not named in the lawsuit but is awaiting criminal charges relating to the alleged affair.