InjuryBoard Kansas City Archives

• Court Orders Access to Defective Product Documents

  Staff Writer | January 25, 2006 4:43 PM | 0 Comments
  Category: Defective & Dangerous Products

  Guidant, the maker of heart defibrillators is facing several lawsuits alleging that it knew its defibrillators were defective. Recently a judge ordered that Guidant produce to the plaintiffs various documents which purportedly reveal that Guidant continued to sell the product after they knew of the defects. The San Jose Mecury News has recently reported that part of the documents to be...

• Lawsuit Filed Challenging Worksite Injury Laws

  Staff Writer | January 24, 2006 3:14 PM | 0 Comments
  Category: Workplace Injuries

  On November 30, 2005 a lawsuit was filed by the Mo. Alliance for Retired Americans, et al. against the Missouri Dept. of Labor and Industrial Relations and Division of Workers' Compensation, Case No. 05AC-CC01114 in the Cirucit Court of Cole County, Missouri. The lawsuit seeks a ruling by the Court regarding the Constitutionality of the new workers' compensation law.This matter is scheduled for...

• Court Order Entered in Worksite Injury Cases

  Staff Writer | January 22, 2006 2:56 PM | 0 Comments
  Category: Workplace Injuries

  In August of 2005 new legislation took effect which impacted the area of Missouri's workers compensation laws. The new law contained drafting errors which called into question whether or not injured workers would be covered by workers compensation insurance. Liberty Mutual (a workers compensation insurer) filed a declaratory judgment action seeking an order from the Circuit Court of Cole...

• Failue to Disclose Defective Condition Allows Suit to go Forward

  Staff Writer | January 20, 2006 9:42 AM | 0 Comments
  Category: Defective & Dangerous Products

  In a case of first impression, the Missouri Court of Apppeals has recently ruled in Thompson, et al. v. Higginbotham, et al. that a builder who was also at one time the owner of an apartment building cannot use the 10 year statutue of limitation ("SOL") as a defense to a claim for defective balcony when the builder failed to disclose the condition.In the Thompson case several individuals were...

• Medical Malpractice Claims Overstated

  Staff Writer | January 19, 2006 2:07 PM | 0 Comments
  Category: Medical Malpractice

  The FTCR (Foundation for Taxpayer and Consumer Rights), a consumer advocacy group, has found that, from 1986 to 1994, medical-malpractice insurers reported expected losses of $40 Billion while only paying out $27 Billion in claims.According to FTCR founder, Harvey Rosenfield:"By inflating their estimated 'losses' as much as 66 percent, medical-malpractice insurance companies have misled...

• Rertrial Ordered In GM Defective Products Lawsuit

  Staff Writer | January 18, 2006 10:09 AM | 0 Comments
  Category: Defective & Dangerous Products

  Citing several trial errors, 11 Kansas City appellate judges overturned (with a 10-1 ruling) an $80 million award in a defective cruise control lawsuit against General Motors. In September 2000, Constance Peters was left in a vegetative state after an accident in which her car sped up while backing out of her driveway.Peters remained in that vegetative state until her death 3 1/2 years later. ...

• Police Car Accident Lawsuit Settled For $3M

  Staff Writer | January 18, 2006 9:53 AM | 0 Comments
  Category: Automobile Accidents

  The city of Grandview has agreed to pay nearly $3 million to the family of an Overland Park teen who was injured when broadsided by a city police car that went through a red light while chasing a stolen car in Leawood, Kansas.Emma Rothbrust was a passenger in the car broadsided by officer Brian Blessing in November 2004. She was unable to walk until spring 2005, and according to her father:the...

• Kansas City Settles Wrongful Death Lawsuit

  Staff Writer | January 14, 2006 10:35 AM | 0 Comments
  Category: Wrongful Death

  The city of Kansas City has agreed to a settlement of $300,000 with the family of a college student killed when the car he was riding in skidded on a patch of ice caused by a water main break. The student was home for Christmas Break from UM-Columbia in December 2004.The plaintiffs' attorney said neighbors had reported the water main break earlier in the day and warned that the water flowing...

• Explosion Kills Worker, Injures Six Others

  Staff Writer | January 12, 2006 11:21 AM | 0 Comments
  Category: Workplace Injuries

  Workers trying to repair hurricane damage at a Daytona Beach, FL wastewater treatment plant were the victims of an explosion Wednesday. The workers were using a cutting torch to repair a roof covering two chemical tanks. This is the suspected cause of the blast.Two surviving workers suffered burns over at least 80% of their bodies.Officials later found a small hole in a pipe that connects to...