Arizona Personal Injury Attorney

Harassment claim Settled for $800,000

2009-01-28T11:37:00.000-08:00

TACOMA, Wash. -- A Washington state agency is paying about $800,000 to settle a sexual harassment claim by three women.
The case was brought by three women in the Tacoma office of the Department of Labor and Industries. They claim they were repeatedly harassed and intimidated by a co-worker, Phillip Scott, and Carter Mitchell, a supervisor. They also say one woman was racially harassed and that a manager, Gail Hughes, refused to deal with the problems.
Two plaintiffs, Linda Bang and Janis Fleming, still work in the office. A lawyer for the three, Darrell Cochran, says the third, Mercy Fernandez-Figueroa, left the job because of the stress of the harassment and the lawsuit. They were seeking $1.1 million.
State Assistant Attorney General Mark Anderson says the settlement was reached Jan. 16 in mediation.

Article

59 Cars Collided on Boston Highway

2009-01-16T11:29:00.000-08:00

As the chartered bus rumbled up the snowy highway yesterday morning en route to a women's ice hockey game in Rutland, Vt., 21-year-old Katelyn Corsino dozed off while listening to country music on her iPod. But an hour into the journey, the player from the University of Massachusetts at Boston awoke abruptly as she was tossed in the air, hitting the seat in front of her.
The bus had hit a car involved in an accident in front of it, but the collision was just beginning to unfold. A tractor-trailer behind the bus jackknifed and came barreling toward it. It missed the bus but struck another car, while seven to 10 other vehicles hit the bus from seemingly every direction.
In all, 46 cars, three buses, eight lightweight trucks, and two tractor trailer trucks collided at about 8:30 a.m. on Interstate 93 in Derry, N.H., less than 10 miles north of the Massachusetts state line. Witnesses described a scene of bloodied people and mangled vehicles, with a car wedged un der the bus. Rescuers spent nearly an hour freeing a man from a pickup truck that was trapped under a tractor trailer.
Yet only he and 14 others of the more than 100 people involved were taken by ambulance to area hospitals - all with non-life threatening injuries.
Among those believed to have been caught in the pileup was a Boy Scout troop from Massachusetts.
"I was petrified," Corsino recalled yesterday afternoon in the lobby of the UMass athletic center, after she and her teammates returned to Boston in a different bus without playing their game. "You would never think you would wake up in the morning and find yourself in a 59-car pileup."
Derry fire battalion Chief David Hoffman said, "It was pretty much a miracle we didn't have more or worse injuries . . . There were cars under other large vehicles. They stopped inches short of being major injuries and possible fatalities."
The cause of the chain-reaction pileup remained under investigation by New Hampshire State Police. But witnesses said snow was piling up on the highway, reducing traffic to only one lane. A few witnesses said authorities told them a car might have spun out while trying to avoid another vehicle on the side of the road, forcing other vehicles to swerve.

Read Entire Article: Boston.com

Suspect in Firefighters' Death Goes on Trial

2009-01-15T06:27:00.000-08:00

Associated Press - Los Angeles
Some 10,000 mourners turned out for the funeral of five firefighters who died trying to save a home from a raging wildfire, and Gov. Arnold Schwarzenegger eulogized them for bravery.
The man charged with murder for setting the fire goes on trial today, and the search for an impartial jury may be difficult.
Prosecutor Michael Hestrin said it could be at least two weeks before any testimony is heard in the trial of Raymond Lee Oyler, who is charged with setting some two dozen fires, including the deadly Esperanza fire in 2006 that killed the five well-known firefighters.
Defense attorney Mark McDonald tried to get the trial moved from Riverside County, saying that intense pretrial publicity and a lynch mob atmosphere in the community would make it impossible to choose jurors who have no opinions about the case. Superior Court Judge W. Charles Morgan turned down the motion in November, saying the passage of time might have cooled emotions.

Read Entire Article: San Francisco Chronicle

Are San Francisco Spy Camera Helping Crime?

2009-01-14T07:20:00.000-08:00

A long-awaited study of San Francisco's installation of surveillance cameras in high-crime areas shows that the effort fails in its primary goal of reducing homicide and other violent crime, but succeeds in reducing such offenses as burglary, pickpocketing and purse-snatching.
The study found that the program, started by Mayor Gavin Newsom in 2005, is hampered by a lack of training and oversight, a failure to integrate footage with other police tactics, inadequate technology, and what may be fundamental weaknesses of cameras as devices to stop violent crime.
The 184-page study, which was called for by the Board of Supervisors in 2006, was conducted by the UC Center for Information Technology Research in the Interest of Society. It represents one of the most thorough reports on public surveillance, a trend that has swept the nation in recent years.
San Francisco's camera program is different from other cities' because, in a nod to privacy concerns, police in San Francisco are not allowed to monitor cameras in real time; investigators must instead order footage after a crime is reported.
Researchers examined everything from camera locations and police requests for images to the number of times the images were used to bring charges.
"We find no evidence of an impact of (the cameras) on violent crime," the report stated. "Violent incidents do not decline in areas near the cameras relative to areas further away (and) we observe no decline in violent crimes occurring in public places."

Read entire Ariticle: San Francisco Chronicles

Push on Immigration Crimes Is Said to Shift Focus

2009-01-13T08:16:00.000-08:00

By SOLOMON MOORE
Published: January 11, 2009
LAREDO, Tex. — Inside a courthouse just north of the Rio Grande, federal judges mete out prison sentences to throngs of 40 to 60 illegal immigrants at a time. The accused, mostly from Central America, Brazil and Mexico, wear rough travel clothes that speak of arduous journeys: flannel shirts, sweat suits, jeans and running shoes or work boots.
Barbara LaWall, a county prosecutor in Arizona, said she did not know how much longer she would be able to take on federal cases.
The prosecutors make quick work of the immigrants. Under a Justice Department program that relies on plea deals, most are charged with misdemeanors like improper entry.
Federal prosecutions of immigration crimes nearly doubled in the last fiscal year, reaching more than 70,000 immigration cases in the 2008 fiscal year, according to federal data compiled by a Syracuse University research group. The emphasis, many federal judges and prosecutors say, has siphoned resources from other crimes, eroded morale among federal lawyers and overloaded the federal court system. Many of those other crimes, including gun trafficking, organized crime and the increasingly violent drug trade, are now routinely referred to state and county officials, who say they often lack the finances or authority to prosecute them effectively.
Bush administration officials say the government’s focus on immigration crimes is an outgrowth of its counterterrorism strategy and vigorous pursuit of immigrants with criminal records.

Read Entire Article: New York Times

Billion-Dollar U.S. Verdicts Vanish

2009-01-12T11:14:00.000-08:00

By Margaret Cronin Fisk
The billion-dollar jury verdict has disappeared from U.S. courtrooms.
For the second time in the past three years, juries in 2008 issued no awards above that amount, according to data compiled by Bloomberg News. In 2007, there was one such verdict, for $1.5 billion. In the previous 14 years there was at least one billion-dollar verdict a year and a total of 26. Six cases produced awards of more than $5 billion each.
One reason for the drop: Because of changes in legal rulings, punitive-damage verdicts can be thrown out if they far exceed actual damages. Some lawyers don’t seek amounts that clearly violate the rules. Phoenix attorney Grant Woods said when he asked for punitive damages in a contract trial in September, he urged jurors to award “not too little, not too much.”
“There’s no need to ask for huge punitives that far outstrip the compensatory damages,” Woods said. “I asked the jury, ‘Don’t come back with some crazy number, like a billion dollars.’”
The lower threat of high punitive damages has helped corporate defendants by taking away an incentive to settle out of court, said attorney Marquette Wolf of Mesquite, Texas, who won an $84 million jury verdict against U-Haul International in 2008.
“When the threat of punitives was there, the courthouse was a level playing field,” he said. “Now the threat of consequence isn’t there for billion-dollar corporations.”
Wolf’s victory, which included $63 million in punitives, was later cut to $45.7 million, half in punitive damages. It is on appeal.

Read Entire Article: Bloomberg.com

Microsoft sues spamming ring

2009-01-07T05:07:00.000-08:00

In conjunction with New York State Attorney General Eliot Spitzer's office, the software giant filed several lawsuits against a New York-based spamming ring allegedly responsible for sending billions of illegal and deceptive e-mail messages.
"We appreciate the attorney general's leadership on what is arguably the biggest technology menace consumers are facing," Brad Smith, Microsoft general counsel, said in a statement. "Together, we are stepping up efforts to help consumers take control of their in-boxes again."
Synergy6, an e-mail marketing company based in New York, and Scott Richter, president of OptInRealBig.com, are among the defendants named in the six suits. Richter has been named one of the world's largest spammers by ROKSO, the Register of Known Spam Operations, which is listed on Spamhaus, an antispam and consumer advocacy organization.
Authorities allege that Richter and accomplices in Washington, Texas and New York are responsible for seven illegal spam campaigns, each in violation of consumer protection statutes in New York and Washington.
They claim that these campaigns used common spam techniques such as forged sender names, false subject lines, fake server names, inaccurate and misrepresented sender addresses or obscured transmission paths.
Microsoft has filed an additional five lawsuits against other spammers who allegedly used the same transmission path in New York that originally led investigators to Richter and the spam network.

Read Entire Article

Lawsuit blames Cigna's liver transplant refusal for teen's death

2009-01-06T07:56:00.000-08:00

The family of a 17-year-old leukemia patient has sued health insurance giant Cigna Corp. for her death last year after the company initially refused to pay for a liver transplant.The lawsuit filed last week in Los Angeles County Superior Court by the family's attorney, Mark Geragos, alleges breach of contract, unfair business practices and intentional infliction of emotional distress. The suit accuses Cigna of delaying and rejecting valid claims, which resulted in the wrongful death of Nataline Sarkisyan.

The Philadelphia insurer eventually approved the transplant after Sarkisyan's family held a rally outside Cigna's suburban Los Angeles office. Nataline, however, died hours after the approval was secured.Chris Curran, a spokesman for Cigna, said the company empathized with the family but believed that the lawsuit was without merit. Curran said Cigna volunteered to pay for the procedure."This decision was made despite the fact that Cigna had no obligation to do so and despite concluding, based on the information available, that the treatment would be unproven and ineffective and therefore experimental and not covered by the employer's benefit plan," Curran said, reading from a statement.

But Charles Idelson, a spokesman for the California Nurses Assn., said insurance companies were "in business to provide profits for shareholders, not to provide care.""Nataline Sarkisyan's case serves as a tragic poster child for everything that's wrong with our insurance-based healthcare system," he said. "Why did it take public humiliation for Cigna Corp. to approve a transplant?"Nataline was diagnosed with leukemia at 14 and received a bone marrow transplant from her brother the day before Thanksgiving 2007. A complication, however, caused the teen's liver to fail.

The family had asked Cigna to pay for a liver transplant, but the insurer refused.

READ Entire Article: Associated Press

Layoffs spark rise in wrongful termination lawsuits

2009-01-05T04:39:00.000-08:00

Lured away from her job in Houston to take an executive position at Dell Inc., Jan Chapman persuaded her husband to quit his job, move with her to Austin, Texas, and buy a house at the height of the real estate bubble.Seven months later, the computer maker laid off Chapman, whose 25-year career in human resources had been filled with flattering performance evaluations.Chapman, 59, and three other top female managers have filed a class-action lawsuit against Dell, alleging age and sex discrimination in the company's termination of 8,000 employees over the last year.The suit, filed in federal court in San Francisco, is one of only a few so far emanating from the mass layoffs sweeping the country.

But labor and employment lawyers warn that a tidal wave of wrongful-termination suits is expected in the coming months as the jobless burn through their savings, run up debt and find few work prospects in the worst economic downturn in decades.Attorneys specializing in labor law say they haven't been this busy since the late 1980s, as strapped corporate clients seek their counsel on how to reduce staff without inviting litigation.

Read Entire Article

Wal-Mart settle Class Action Lawsuit

2009-01-04T16:36:00.000-08:00

Wal-Mart settles dozens of worker class-action lawsuits
The retail giant will pay as much as $640 million to settle dozens of wage-and-hour class-action suits across the U.S. The agreement excludes a California case under appeal.

Wal-Mart Stores Inc. said Tuesday that it would pay as much as $640 million to settle dozens of wage-and-hour class-action lawsuits across the nation that accused the world's largest retailer of cheating hourly workers and forcing them to work through breaks and off the clock. Wal-Mart has faced numerous accusations in recent years that it has engaged in illegal wage practices such as shortchanging workers on overtime pay and not allowing them to take lunch breaks. "Many of these lawsuits were filed years ago, and the allegations are not representative of the company we are today," Tom Mars, Wal-Mart's executive vice president, said in a statement.The cases being settled, 63 in all, involve thousands of current and former Wal-Mart employees and were brought by various groups of lawyers. A similar case in California, in which Wal-Mart was ordered to pay $172 million, was not included in the settlements and is under appeal.Lawyers for the plaintiffs could not be reached Tuesday, but some released statements saying they believed the settlements set a standard for other companies.
"We are equally pleased that Wal-Mart has made tremendous strides in wage-and-hour compliance and that it has implemented and agreed to continue to follow state-of-the-art compliance programs," said Frank Azar, co-lead counsel in 14 states. "We are pleased with this settlement and believe it is fair and reasonable for our clients."Industry experts said Wal-Mart probably agreed to settle as a good-faith effort, especially as it ushers in new Chief Executive Mike Duke on Feb. 1.

Read Entire Article: LA Times

2008-12-26T07:39:00.000-08:00

Attorney General Jerry Brown's legal challenge to California's constitutional ban on same-sex marriage marks the first time that the state's top lawyer has refused to defend a newly enacted ballot measure since 1964 - another epic discrimination case that eventually reached the U.S. Supreme Court.
In November 1964, an overwhelming 65 percent majority of the state's voters approved Proposition 14, a constitutional amendment that overturned a fair-housing law and allowed racial discrimination in property sales and rentals.
Attorney General Thomas Lynch - newly appointed to succeed Stanley Mosk, a Prop. 14 opponent who had just been named to the state Supreme Court - concluded the initiative violated U.S. constitutional standards and left private lawyers representing sponsors as its sole defenders in court.
The state Supreme Court - minus Mosk, who removed himself from the case - overturned Prop. 14 in 1966, and the U.S. Supreme Court followed suit in 1967. Lynch filed written arguments urging the nation's high court to rule the measure unconstitutional.
Brown personally opposed Proposition 8, the initiative restoring the ban on gay and lesbian marriages that the state Supreme Court had struck down in May, but said the day after the Nov. 4 election that he planned to defend it in court.

Read Entire Article: San Fransisco Chronicle

Christmas Tree Sales up Despite Bad Economy

2008-12-25T09:43:00.000-08:00

This Christmas season the recession may force many people to cut back on spending for gifts or holiday parties, but when it comes to getting a real Christmas tree, that's one sacrifice few are making. Despite the poor economy, Ohio Christmas tree growers are saying business is as good as ever, if not better, because when hard times hit, people turn to traditions to comfort themselves. "We saw a huge bump in sales the Christmas after (Sept. 11, 2001 terrorist attacks) because people were in a crisis mode and I see the same this year," said Theresa Feisley, of Feisley Tree Farms in Belmont, in Eastern Ohio. She said the company has already sold out its allotment to retailers and there has been no drop in business for their choose-and-cut sales at their farm. "In times of crisis, people turn back to the basics for comfort," Feisley said. "They may be cutting back on gifts, but they're still buying trees." She said she has even been surprised by the sales of wreaths and other "green" decorations. "Our goal was to hold steady on our wreath sales, but we're finding that people are still buying the extras," said Feisley. Typically, between 25 million and 30 million real Christmas trees are sold every year, according to the National Christmas Tree Association. Sales nationally are expected to be strong again this year. "Most of what we're hearing is that (tree sellers) are having a pretty good year," said Rick Dungey, spokesman for the National Christmas Tree Association. Ohio is the 11th-largest Christmas tree producing state, with more than 370,000 harvested each year. There are more than 1,100 Christmas tree farms in Ohio, the eighth-most in the country. There are more than 21,000 Christmas tree growers across the country. Cackler Family Farms in Delaware County, too, is having a good season so far. "Business has been good," said Donna Cackler, co-owner of the farm, which has more than 22,000 trees. "We don't appear to be affected by the economy." She also said there is an emotional element to buying a Christmas tree that isn't inhibited by a downturn in the economy. "We're in the business of creating memories. People look back and think about getting their tree," Cackler said. Though she did say she's noticed some customers cutting back on extras, such as a nicer tree stand. Feisley said sales are strong in Eastern Ohio despite that region having been hit especially hard by the recession. "Things are very tough down here. A lot of people have lost their jobs, but they're still coming out and buying Christmas trees," she said. The mean purchase price of a real Christmas tree last year $41.50. More than $1.3 billion worth of trees were sold last year nationally. Of the real trees sold, 84 percent of them were pre-cut while 16 percent of those sold were cut by the buyers, according to the National Christmas Tree Association. More trees are sold at chain stores, 23 percent, than any other site. Another 21 percent are sold at choose and harvest farms and 20 percent at nurseries and garden centers.

Consumer Debt Lawsuits Handled on One Day

2008-12-24T07:30:00.000-08:00

Every Wednesday at noon, debt collection lawyers take their seats behind a thick wooden table in a downtown Baltimore courtroom for a ritual they call the "rocket docket."It's one way officials at the city District Court try to unclog a backlog of consumer debt lawsuits, including thousands filed by hospitals over unpaid bills.Lawyers call up debtors one at a time to work out payment plans in rapid, on-the-spot settlements. Other days, lawyers haggle with debtors in the courthouse hallways. When cases go to judges, hospitals typically win after hearings that last a few minutes or less.Nearly one-third of the 132,000 lawsuits that Maryland hospitals have filed against patients in the past five years over unpaid bills have been filed in the city District Court, which serves an area where many debtors are "living on the margins," as University of Maryland law professor and former Legal Aid lawyer Michael Millemann puts it.

These lawsuits have played out even though hospitals' costs of unpaid bills and provision of free care to the poor are supposed to be covered by the rates paid by all patients, under Maryland's unique rate-setting system. Some of the hospitals that have filed the most lawsuits have received millions of surplus dollars from the payment system.Maryland hospitals have won at least $100million in judgments against patients in the past five years and placed liens on at least 8,000 homes across the state, despite national hospital industry guidelines that caution against the wholesale use of that practice, an investigation by The Baltimore Sun found.Some hospitals have won judgments against patients covered by Medicaid for bills the giant government health plans didn't pay, despite a Maryland law outlawing that, The Sun found in sampling more than 200 court files. Hundreds of patients have filed complaints with state regulators over billing issues, including allegations that hospitals tried to collect amounts beyond what they agreed to accept under insurance company contracts by going directly after patients.And some hospitals have sued patients three or more years after their stays ended, raising questions about whether the statute of limitations had expired.

Read Entire Article: BaltimoreSun

Family of Officer Killed in Crash Awarded $8M

2008-12-20T08:17:00.000-08:00

A car that ran a stop sign in Pembroke Pines ended a North Miami officer's life in 2004. Now his widow and daughters have been awarded compensation.

Four years after a highly decorated North Miami Beach police officer was killed in a car crash, his wife and three daughters were awarded $8.07 million by a Broward County jury.

Yvette Lorenzo and her three daughters were not in the car with the father, Officer Orestes ''Oreo'' Lorenzo, when he swerved out of the way while driving west on Pines Boulevard in Pembroke Pines to avoid hitting a red Honda Civic that ran a stop sign. Lorenzo's car went straight into a drainage curb, tripping his vehicle and smashing it against a large royal palm tree. The father of three was ejected from the car. He died in the hospital seven days later.

It was July 2, 2004, when Natasha Russo, 18, drove her father's new car past the stop sign on 180th Avenue. The jury awarded the compensatory damages -- against the Florida Department of Transportation and William and Natasha Russo -- at midnight Saturday. The trial was closed to the public because of the flooding that closed the courthouse last week.

The lawsuit maintained that the 18-year-old's negligence led to Lorenzo's death. It also alleged that the FDOT was responsible as well for violating its own rules by allowing a drainage curb and large royal palm trees to be placed on a road where the speed limit was 50 mph.

According to court documents, the jury estimated the damage to Lorenzo's family that was caused by the crash at $11.5 million. But after distributing the blame placed on Russo, the FDOT, and Lorenzo himself, the family of four was given 70 percent of the total monetary damages.
The jury concluded that Lorenzo was 30 percent responsible for his own death. More than half of the blame, 55 percent, was placed on the young Russo.

The jury decided the FDOT was the least responsible of the three, and 15 percent of the crash was be attributed to the department.

Miami Herald

Who's to Blame when Car Crosses Median?

2008-12-19T10:13:00.000-08:00

Refugio County, TX: A car accident is everyone's worst nightmare, as you never know when, and if it's going to happen. Will your loved ones be hurt in an automobile crash? Will they die? It may be a morbid thought, but death and injury from car crashes is something that weighs in the back of everyone's mind every time they slip behind the wheel.

For 27-year-old Leticia Alvarado, A Corpus Christi mother of three, the worst of both worlds happened when she was driving her kids home from a shopping trip. They never made it home. What would have, and should have been an ordinary day in the life of a young mother and her three kids, was anything but.

The day ended with Avarado and her son in hospital, in critical condition. Her two lovely daughters, meanwhile, were never coming home again.

The car accident happened in mid-morning. It had been raining, and the roads were wet. Alvarado was just heading home in the family SUV with her three kids in tow, when she lost control on the wet pavement and skidded into oncoming traffic.

Critics of highway construction will say that every highway should have a concrete median separating the two directions of traffic. Every roadway, in fact. If there were, Alvarado's two daughters might be alive today.

Instead, the SUV skidded over the centerline unprotected by a barrier of any kind, and careened right into the path of an 18-wheeler semi.Leticia Alvarado was thrown clear from the SUV, as were her two daughters—13-year-old Alisha Alvarado, and 3-year-old Skyler Mendoza. Both girls were killed instantly. Leticia was critically injured. Her son Roman, aged 2, was the only person who remained strapped into the SUV after it crashed. The tot was rushed to hospital with a broken leg and neck injury.

The driver of the 18-wheeler, not surprisingly, was fine.

READ Entire Article

Car, Truck, Bus, Motorcycle or other Vehicle Accidents

2008-12-18T08:05:00.000-08:00

Automobile accidents injure millions and kill thousands of Americans each year, and are also the leading cause of brain and spinal cord injury in the United States. Car accident lawyers can support a victim throughout the judicial process and can help determine if the accident was caused by the negligence of another driver or due to car part defects. An auto accident lawyer can help you with issues dealing with car crashes, fatal accidents, road rage, personal injury and insurance complaints. If you or someone you love has been injured in an automobile accident or you need help in dealing with insurance issues, please click the link to have an experienced attorney contact you.

Phillips And Lyon

2008-12-17T07:45:00.000-08:00

Right on the heels of Yahoo!'s top search announcement last week, Google has posted its annual year-end Zeitgeist report, revealing the year's most popular searches by country.Not surprisingly, President-Elect Obama took first place in the United States' fastest rising general searches, with former Vice Presidential candidate Sarah Palin taking seventh. Interestingly enough, though, Palin was the fastest rising search globally, while Obama was placed at number six. The Beijing Olympics also held a place in both the US and global rankings, taking eighth and second, respectively.These findings, according to the New York Times, bring up questions of personal security in the Internet age and demonstrate the degree to which Internet surfers give away facts about themselves.

Fastest Rising (Global)
1. Sarah Palin
2. Beijing 2008
3. Facebook login
4. Tuenti
5. Heath ledger
6. Obama
7. Nasza Klasa
8. Wer Kennt Wen
9. Euro 2008
10. Jonas Brothers

Read Entire Article

TV Camera in the Supreme Court?

2008-12-16T09:35:00.000-08:00

WASHINGTON (AP) - The Supreme Court does not allow cameras at its proceedings and only rarely authorizes the immediate release of audio recordings of its argument sessions.
But if any justices happened to have their office TVs tuned to C-SPAN on Tuesday, they would have seen something unusual, if not instructive.

The 2nd U.S. Circuit Court of Appeals in New York allowed live television coverage of arguments in the case of a Canadian engineer who wants to sue the United States for mistaking him for a terrorist and sending him to Syria, where he claims he was tortured.
The arguments lasted nearly three hours in a packed courtroom, and C-SPAN viewers saw lawyers and judges at the top of their games, seemingly oblivious to the cameras and engaged in lively questions and answers in a case of wide interest.

"It was certainly an argument worthy of broadcast," said Catherine O'Hagan Wolfe, the Clerk of the 2nd Circuit.

The justices have given several reasons for their opposition to televising their sessions. Some have worried that the presence of cameras would lead some lawyers or even justices to ham it up. Others have said it would change the way justices relate to each other or be a distraction. Justice Antonin Scalia has said he fears video would be used to air misleading or out-of-context snippets of arguments.

READ: MSN - Associated Press

FL JUDGE DENIES MOTION TO INSPECT CHILD REMAINS

2008-12-15T07:29:00.000-08:00

ORLANDO, Fla. (AP) - A judge has denied a defense attorney's motion to inspect a child's remains found near the home of a missing 3-year-old central Florida girl.
The motion, filed by Jose Baez, was denied Friday. He represents the girl's mother, 22-year-old Casey Anthony, who is charged with first-degree murder in the disappearance of Caylee Anthony.

Orange County Sheriff Kevin Beary says a medical examiner found evidence among the remains link them to the missing girl's home, but officials would not immediately give further information.
The remains were found Thursday by a utility worker on a wooded lot less than a half-mile from the house where Caylee lived with her grandparents and her mother.

CBS news report

GROUND ZERO LAWSUITS WILL BEGIN 2010

2008-12-15T07:13:00.000-08:00

After years of wrangling, lawyers for New York City and for the thousands of ground zero workers suing the city have agreed to begin trials in the spring of 2010. The lawsuits claim that workers suffered illnesses as a result of their exposure to dust at the site, and most of the first cases to be heard will involve people with the most severe health claims.

After a hearing on Wednesday, the lawyers said they were moving forward with 50 to 60 cases.
“The people who need relief the most will be at the front of the line, where they should be,” said Paul J. Napoli, who represents more than 9,000 of the workers.

Nearly 10,000 firefighters, police officers, construction workers and others have sued the city and its contractors, saying they suffered respiratory and other illnesses because they were not given breathing masks during the nine-month rescue and recovery operation after the 2001 terrorist attack on the World Trade Center.

The defendants face a liability that could reach $1 billion or more if they are found to have been negligent.

The thousands of claims range from deaths, cancers and serious respiratory problems to cases which the city has said involve nothing more than common symptoms like a runny nose or cough, or no illness at all.

Read Entire Article: New York Times

Black Friday - be careful of drivers!!!

2008-11-24T08:02:00.000-08:00

Black Friday is only a few days away!

While getting to the most affordable deal many experience unsafe drivers who are looking up directions, using their cell phones and exhausted from too much holiday enjoyment the night before! Drive carefully and pay attention! In the event you are in a motor vehicle accident, call the best, Phillips & Lyons, your personal injury attorneys!

Thanksgiving Cooked Vegetable Recipe

2008-11-24T07:57:00.000-08:00

The holidays are rapidly approaching! In a time when our country is experiencing one of the worst economic crisis’ since the great depression, it is difficult for most to get excited and bring real holiday cheer to the table. The holidays come around every year to remind us how fortunate we actually are, and to remind us of those who are in far worse positions. Be grateful this year, and share that gratitude and hope with some less fortunate, remembering to always be good to each other, through the holidays, and throughout the entire year. Enjoy our sample recipe provided by Martha Stewart, and have a happy holiday from our families at Phillips & Lyon, to yours!

Emeril's Clagett Farms Southern Cooked Greens
Recipe courtesy Emeril Lagasse, courtesy Martha Stewart Living Omnimedia, Inc.
Yield: 6 servings

Ingredients:

3 cups julienned onions

Salt and pepper

Pinch of cayenne

2 tablespoons minced shallots

1 tablespoon minced garlic

2 smoked turkey drumsticks or thighs1

(12-ounce) bottle of local beer

1/4 cup cider vinegar

6 pounds greens, such as mustard greens, collard greens, turnip greens, kale, and spinach, cleaned and stemmed

Method:

In a large pot saute the onions for about 6 to 7 minutes or until the onions are wilted. Season the mixture with salt, pepper and pinch of cayenne. Add the shallots and garlic and cook for 2 minutes.
Add the turkey thighs.
Stir in the greens, a third at a time, pressing the greens down as they start to wilt. Pour in the beer and vinegar. Cook the greens, covered for about 45 minutes. To serve, mound the greens in the center of the platter and serve.

This recipe was featured on the

A Local Thanksgiving Episode of Emeril Green.

NEW Photo Radar in Phoenix

2008-10-30T09:15:00.000-07:00

Enforcement Cameras

Did you know that DPS enforcement cameras do not work on typical radar but by sensors embedded in the roadway?

Watch out!!!!! There are new photo enforcement cameras placed at Southbound SR-101 at Bethany Home Road, southbound at Olive Avenue, southbound at Indian School Road, and McDowell Road.

Slow down!!!!!!!! Arizona Department of Public Safety will be placing new photo enforcement cameras; Westbound on I-10 at 40th Street and 24th Street as well as Eastbound on I-10 at16th Street and 15th Avenue.

FUN FACTS

2008-10-14T10:47:00.000-07:00

FUN FACTS
135 million cars travel the nation's roads and interstates each day.

Nearly 20% of all vehicles stolen had the keys in them.

Baby rattlesnakes are born without rattles.

The animal responsible for the most human deaths worldwide is the mosquito.

More than 300,000 fast food restaurants in the U.S.

Your tongue is the only muscle in your body that is attached at only one end.

During the Vietnam War, soldiers used Slinkies as radio antennas by stretching the coiled-up toys between two trees.

Mr. Potatohead was the first toy advertised on TV.

visit: www.PhillipsAndLyon.com

Personal Investigator at Phillips and Lyon

2008-10-13T10:31:00.000-07:00

My name is Paul Bryan Seaman, however I generally go by my middle name Bryan. I am a state licensed private investigat and have been the investigator for Phillips and Lyon for over 15 years. I enjoy my profession very much because it is always new and changing. My job as an investigator is to determine the who, what, where and why of an accident. My duties include obtaining accident reports, taking witness statements, photographing vehicles and accident scenes and many other things.
One of my favorite aspects of the job is the ability to spend time outdoors instead of being stuck behind a desk all day. I think I have the most interesting and enjoyable job in the entire firm....just don’t tell my boss I said that! By nature I am a very shy individual but I have had to overcome this to do my job correctly. In gathering the facts of an accident an investigator needs to be assertive and sometimes every “pushy”, but not so much that people don’t want to speak to you any more. This can be a fine line which is hard to determine sometimes.
I am one of the few people native to Arizona and I am very proud of our state. I live in Chandler with my wife and our temperamental cat, Powder. I have been married for over 26 years and I love doing everything with her! Our favorite things to do are hike and travel together! We often take day trips around the state enjoying it’s beauty and diversity. I am a big history buff so I like to travel to places and sites around the world so I can experience the past.
I also enjoy reading, working on my yard and sports, especially baseball...which of course makes me a HUGE Diamondbacks fan. Whatever happens during the season I know it will be a lot of fun to watch.
If you see me at the Diamondbacks game or at an intersection taking pictures say “hi” as I always enjoy meeting new people!

Please visit: www.PhillipsAndLyon.com

Hospital Medication Errors

2008-10-11T09:52:00.000-07:00

A recent report from the Institute of Medicine showed that 1.5 million Americans are injured or killed by medication errors annually. Studies indicate that approximately 400,000 PREVENTABLE drug-related injuries occur each year in hospitals and another 800,000 occur in long-term care settings.

Is this necessary? Do health care professionals not realize they are dealing with another person's life? Most of these errors are made due to "human error", poor hand writing or carelessness. Health care facilities are trying to step things up a notch and use bar-code technology and other tracking/monitoring strategies which should help take away some of the errors but unfortunately it's not 100%.

http://www.phillipsandlyon.com/

Large Verdict in Arizona Slip and Fall Case

2008-10-08T08:44:00.000-07:00

Henry G. Hester, the litigation attorney for Phillips and Lyon, has been successful in many high profile Arizona slip and fall cases. Mr. Hester represented Mr. Underwood against the City of Phoenix. The carpet was split in a very high traffic area in the Sky Harbor International Airport gating area. The City of Phoenix chose to not fix the carpet and instead put duct tape over the split periodically until they decided who was responsible for paying for the repair. Thousands of airport passengers walked across the taped carpet every day and within a few days the duct tape would come apart and the loose carpet would be exposed again posing a trip hazard for patrons.

Mr. Underwood and his daughter were walking to their gate and Mr. Underwood caught his toe on the loose carpet and fell. He suffered from ruptured ligaments in his knee. The City of Phoenix denied responsibility so Mr. Hester had no choice but to take the case to trial and represent Mr. Underwood in front of a Maricopa County judge and jury.
The jury decided the City was negligent to put duct tape across the hazardous area when they knew this was a highly traveled area and a reasonable repair was necessary immediately. The jury rendered one of the largest verdicts seen in recent years in a trip and fall case and found the damages suffered by Mr. Underwood were worth $400,000.00.

http://www.phillipsandlyon.com/

Meet Feather

2008-10-05T10:41:00.000-07:00

My name is Feather Proctor and I am the marketing coordinator for Phillips and Lyon. I love my position because it is always changing and allows me to be creative! I help create and update the yellow page ads, bus ads, billboard ads, commercials, website, the newsletter, etc. I am directly involved in the production process of our commercials which is fun to see what happens “behind the scenes”! Another part of my job is to analyze data to make sure we are spending our money wisely and getting a good return on our investment.
I have worked for Phillips and Lyon for five years and have had a few different job descriptions! I started as a legal assistant and then transferred to the Serious Injury Group which handles the firm’s larger cases. About 18 months ago I became the marketing coordinator which is my favorite position at the firm.

When I am not working I am busy playing with my two boys who are three years old and 22 months old. My husband and I enjoy taking the boys camping, to the beach (our favorite) or a simple trip to the mall playground. I also enjoy scrapbooking, going to the movies and the Improv and swimming.

ARIZONA LEADS THE NATION IN JURY REFORM

2008-10-03T08:34:00.000-07:00

Most personal injury and accident cases can be settled without the parties actually going to court. However, a number of cases, good and bad, are taken to trial before a jury of 8 "impartial" jurors. The Arizona courts have taken the lead in making that process as efficient as possible.
The most important change is that Arizona allows jurors to discuss the case as the case moves along so long as they are all together and the new rules also encourages the jurors to submit questions to witnesses as the case proceeds. The rule in Arizona previously was that jurors could not talk about the case until they were finished hearing all the witnesses and then they met in secret to discuss the case and make their final decision. Previously, most courts also followed the rule that jurors can only hear what the attorneys want them to hear and cannot ask any questions.

The judges and the jury members who have been in cases using these new rules have all been very much in favor of the changes and have reported that the new rules help the jury understand the case while at the same time not reaching a decision until the case is over.

Many states are now considering these and other changes made in Arizona with the idea of making jury service more rewarding for all participants.

Henry Hester Board Certified Personal Injury and Wrongful Death Specialist

www.PhillipsAndLyon.com

FUNNY ARIZONA LAWS

2008-09-30T09:28:00.000-07:00

THESE LAWS ARE STILL ON THE BOOKS!

Phoenix: Hunting camels is prohibitedDonkeys cannot sleep in bathtubs

Glendale: Cars may not be driven in reverse.

Mohave County: A decree declares that anyone caught stealing soap must wash himself with it until it is all used up.

Nogales: An ordinance prohibits the wearing of suspenders.

Prescott: No one is permitted to ride their horse up the stairs of the county court house.

Tucson: Women may not wear pants.

Tombstone: It is illegal for men and women over the age of 18 to have less than one missing tooth visible when smiling.

www.PhillipsAndLyon.com

Auto Insurance Clarification

2008-09-29T09:26:00.000-07:00

There are many different types of insurance coverages, and many misconceptions regarding what constitutes “full coverage” on your insurance policy. You may think you have full coverage but in many instances that is not the case. The following are the basic coverages that are available and each of them are very important:

Liability Bodily Injury - This is a state required coverage at a minimum amount of $15,000.00 per person/$30,000.00 per accident. If you or someone driving your vehicle are legally liable for an auto accident this coverage will pay for the other parties injuries.

Collision - This coverage will help pay to repair or replace your vehicle after an auto accident. This coverage is usually subject to a deductible.

Comprehensive - This coverage will help pay to repair or replace your vehicle from damages not resulting from an auto accident such as a theft, glass breakage, or damage caused by storms. This coverage is usually subject to a deductible.

Uninsured Motorist - This coverage applies when you or someone driving your vehicle is injured by somebody else who does not have any insurance coverage to pay for your injuries.

Underinsured Motorist - This coverage applies when you or someone driving your vehicle is injured by somebody else who does not have enough insurance coverage to pay for your injuries.

Medical Payments - This coverage will help pay medical bills incurred as a result of an auto accident for you and/or anyone riding within your vehicle.

Rental - This coverage will place you in a rental car regardless of who is liable while your vehicle is being repaired or replaced.

If you are unsure of which coverages are included in your current policy contact your agent and ask them or look at your policy declaration page, which you should receive a copy of at each renewal period. Remember, accidents are not planned and can cause horrible injuries resulting in huge medical bills, not to mention a wrecked vehicle – make sure you have enough insurance to cover you and your family.

FOR MORE INFORMATION PLEASE VISIT:

www.PhillipsAndLyon.com

Arizona Motorcycle Expert!

2008-09-12T17:33:00.000-07:00

Were you injured in a motorcycle accident? Are you looking for an expert who will be on your side and understand your pain and frustration? Senior partner Greg Lyon can relate to the injured rider.

Greg Lyon, a senior partner at Phillips and Lyon is an avid motorcycle rider logging thousands of miles each year. He is well aware of the attitudes that an injured biker will encounter and the hurdles that must be overcome in order to successfully compensate the victim of a negligent motorist. He also understands the anger and frustration bikers feel when their bike is damaged and they are badly hurt - or a fellow biker is killed - all because a cager failed to exercise a proper lookout for motorcycles.

Mr. Lyon has written articles on motorcycle safety, and is a former officer of a local Harley Owners Group. He is a strong and vocal advocate for motorcyclist who have the same rights as cagers' to enjoy the roads and highways of Arizona .

For more information visit: http://www.phillipsandlyon.com/CM/Vehicle-Accidents/Motorcycle-Accident.asp

Arizona Personal Injury Website!

2008-09-09T14:57:00.000-07:00

We have launched the exciting new firm website - http://www.phillipsandlyon.com/. We made it easy to navigate and packed it with TONS of great information, not only about our firm but about different types of injuries and cases we handle.

The Law Firm of Phillips and Lyon believes that the most experienced attorneys should be the ones that are responsible for making the decisions that shape the outcome of your case. What good is hiring a law firm if the most experienced attorneys are not handling your case? At Phillips and Lyon each case is handled by an attorney with at least 20 years of personal injury practice experience.

Phillips and Lyon has limited their practice to representing injured people for over 30 years. During that time we have handled automobile accidents, slip and fall, dog bites, product liability, medical malpractice, and wrongful death cases. We have represented several individuals with brain injury, fractures, burns, spinal cord injuries as well as knee and shoulder joint injuries.

We believe a well prepared case has the best chance of a fast and fair settlement and therefore works with investigators, accident reconstructionist's, and other expert witnesses to strengthen a client's claim to insure maximum success.

Areas of Practice:
Personal Injury
Motor Vehicle Accidents
Serious Personal Injury
Motorcycle Accidents
Wrongful Death
Truck Accidents
Slip and Fall Accidents
Nursing Home Abuse
Insurance Bad Faith