Category: Lawsuits

Dark Green: Energy-Efficient Wind Power isn’t So Safe

Wind Turbine Farm

Green energy has many positives. The cheap cost of electricity production allows many businesses and private homes to trim expenses in an environmentally-friendly way, while also shaking dependence on traditional energy sources. The technology, ever in development, is not without its problems. Wind turbines weigh in the thousands of pounds and sit high in the air. When mechanical problems occur – and they do frequently – these money-saving devices turn into life-threatening hazards. Wind power companies and turbine owners may not be doing enough to limit the risk to people living and working close to turbines. Wrongful death cases and significant injuries from turbine accidents are inevitable, if manufacturers continue to cut production corners.

Pennsylvania Turbine Fire

Photo Credit: Panoramio

In 2009, one of 12 wind turbines in Mahanoy Township, Pennsylvania caught fire while crews were performing regularly-scheduled maintenance. Locals in nearby Butler Township were so wary of the dangers that they aggressively fought a proposed wind farm that would’ve placed 27 turbines next to residential homes and schools.

187-Ton Windmill Collapse

Photo Credit: Dennis Nett

One of 20 windmills in a wind farm in Fenner, New York collapsed like a kid’s bendy straw scattering mechanical parts and jagged steel across the landscape. Enel North America, the company owning the windmill, had more than 260 turbines in various farms throughout the country at the time of the accident. The estimated replacement cost for the single turbine was between $2 and $3 million, according to Syracuse.com. The windmills in Fenner sit 212 feet off the ground, nearly as tall as the town’s highest building.

Turbine Malfunctions, Throws Fireballs

Photo Credit: Panoramio

A wind turbine on the home of Texas State Representative Susan King experienced mechanical failure in October 2011. The turbine’s blades continued to spin even as the engine sparked, ignited and spewed gouts of flame across a two-acre swath of the senator’s property. Crews responding to the emergency needed eight trucks to contain the blaze. Next Era Energy owns the turbines on King’s ranch, according to Friends of Freedom International.

Windmill Blades Fall Off

Photo Credit: Yes to Renewables

Bolt failures on a windmill in Rugby, North Dakota caused the blades and rotor on the tower to fall off and crash to the ground. Subsequent inspections by the Public Service Commission discovered similar problems in at least four more turbines in the 71-turbine farm. Iberdola Renewables owns the turbines manufactured by India-based Suzlon Wind Energy Corp. Inspectors normally examine bolts every six months, according to “The Bismarck Tribune”. That leaves only two explanations: the bolts show rapid degeneration or those inspectors aren’t keeping up with proper protocols.

With the force involved in these accidents, it’s only a matter of time before someone sustains significant injuries. Companies that fail to properly maintain wind turbines may be liable for damages relating to injuries or life loss occurring as a result.

If you or someone you love sustained injuries as the result of manufacturer negligence, you may have rights to pursue the party responsible for damages. New Jersey accident attorneys are ready to represent your interests and stand up to those at fault for your losses. Having an advocate on your side allows you to focus on what’s important – your recovery.

Photo Credit: Renewable Power News

10 Strangest Things Callers Say

strange lawsuits

At any office, no matter the type of business, people will call in with strange or outlandish queries. At our New Jersey personal injury law firm, we have had people call with extremely weird requests. Sometimes you have to just stop and find the humor in these calls and let yourself laugh.

We racked our brains trying to remember the oddest calls we have received and came up with the best of the best. With personal injury in particular there is already a stigma that these lawsuits are frivolous, but the cases we actually take—where our clients have been severely injured because of someone else’s negligence—are nothing compared to these attempts at filing a suit.

Despite popular belief, we are not ambulance chasers. We are not out there to make a quick buck and you would be hard pressed to find an attorney that would take any of the cases we are about to share. These individuals fall into three categories: they are looking to make fast money, they are desperate, or they are simply naïve and do not understand what constitutes a personal injury claim.

Enjoy the stuff our callers say—note that we did not take any of these cases.

1. Who stole the cookie from the cookie jar?

One man called in wanting to sue a major cookie company. Apparently he had bit into a cookie that had some sort of stick in it. The ‘stick’ broke his tooth. He contacted the cookie company and they offered to pay for his dental bills. He did not accept their offer. He had contacted several other lawyers before calling us, all of whom rejected his case. He informed us that he saved the cookie and the stick for us.

2. I paid you to fix her problems!

Man called in and wanted to sue his wife’s therapist. He alleged that his wife went into therapy and once she began seeing this therapist she decided to leave him and take his children. He felt it was the therapist’s fault.

3. Your glue is too potent!

A woman called us stating that she would like to sue a super glue company. She explained that while using their product she was holding the tube facing towards her face rather than down. When she squeezed it the glue squirted in her eye and ultimately glued her eye shut.

4. Ziploc is supposed to be strong!

Caller wanted to know who she could sue, she was open to anyone. She was injured when she was pulling a raccoon out of a friend’s motor while wearing plastic bags on her hands.

5. It wasn’t me

One man called us trying to find out his legal options. Apparently he had a lady friend who threatened to call the police if he did not stop calling and texting her. He admitted to continually contacting her despite her requests to stop. He asked what we thought he should do—we suggested that he stop calling her.

6. Your sidewalk doesn’t work with these shoes

The man who called us was walking into Target. He was wearing sandals that had tiny treading on the bottom, and the tread got stuck in the crack of the sidewalk outside the store. He tripped and broke his shoulder. He wanted to sue Target because their sidewalk cracks were the right size to make his shoe get stuck.

7. I need to use the restroom…down there looks good!

When people are intoxicated they do silly things, like our one called. He needed to use the restroom, instead of using the one indoors he decided to go out on the deck and urinate from there. After that—or during we are not really sure—he decided to jump off the deck. He hurt himself when he failed to land on his feet. He was interested in suing the homeowner where this occurred.

8. But Officer, I swear to drunk I’m not God

Caller was extremely intoxicated, and when he attempted to walk home he fell, sustained several fractures, and passed out. The police found him, unresponsive, and took him to the hospital. He wanted to sue the police for taking him to the hospital because of the bills. Or perhaps he wanted to sue because he was upset about the police finding illegal substances on his person and they ultimately charged him with possession.

9. Anything but my car!

A man called in and wanted to sue his soon-to-be ex-wife. They had co-signed together on a car and in the divorce proceedings she threatened to take the car from him. He said that he felt her actions were malicious and were causing him serious emotional distress.

And here it is, the strangest phone call we have ever received!

10. You can’t fool me — I know you are a robot!

A young man—or so we thought—called our office to discuss filing a personal injury claim for a car accident that occurred 10 years ago. The caller informed us that he had serious injuries that he did not treat for. We have a set list of information we must gather when a lead comes in to see if it is worth pursuing a lawsuit, and the man became extremely frustrated with us as we asked these questions.

He started to raise his voice and then revealed that he was not the man injured in the accident, SHE was in fact his mother. She had talked in a deep voice to pretend she was her son and throughout the call said things like “I was in an accident,” and “I was injured.” Her claim was that he had been injured in a bus accident when he was 10 (he was now 20 which means his case had to be filed immediately because for minors you only have until 2 years following their 18th birthday). She did not know what caused the accident, who the defendant was, or what bus company it was. She said that his “serious injuries” were that following the accident his temperament changed and he started misbehaving in school.

We informed her that we would give the information to our attorneys to review and would contact her back. Five minutes later she called back and asked to speak with our intake employee again. When she was back on the phone she informed us that she wanted to clarify that she had spoken to a person and not a ROBOT. We sent her a letter stating that we would not be taking the case.

These calls may have been frivolous and outlandish, but every day people are seriously injured due to someone else’s careless actions and that is when you must utilize the civil justice system in this country. When you have been injured it affects you in so many more ways than just the physical pain; there is also the emotional stress and the financial burden for both you and your family. If you or someone you love has been hurt in an accident, contact Console & Hollawell’s accident injury attorneys in New Jersey today. Set up your free consultation by calling (866) 778-5500.

5 Celebrity Wrongful Death Suits

celebrity wrongful death suits

Losing a loved one is always difficult, and the same is true for celebrities and their families. Over the years there have been countless celebrities that were taken too soon or were accused of taking another wrongfully from this world.

Wrongful death cases can be extremely difficult and emotional. There are a lot of things that must be established to prove fault in a case and they can often be a very long process. The following list is comprised of celebrities who were involved in a wrongful death claim in some way be it the victim, the plaintiff, or even the defendant.

1. David Carradine

Photo credit: Real Talk Media.

In June 2010, David Carradine’s widow Anne Carradine sued the company that was handling the late actor’s final film when he died for wrongful death. Carradine was perhaps best known for his work on the television show Kung Fu and for his role in Quintin Tarantino’s Kill Bill movies. He was found dead in his hotel room in Bangkok, Thailand on June 4, 2009. He had passed from self-induced accidental asphyxiation. Anne sued the company claiming that they failed to provide the assistance that had been laid out in the actor’s contract which directly led to his death. A KTLA news report explained that the lawsuit stated, “Defendants were negligent in failing to follow industry standard and provide David Carradine, the performer, with sufficient assistant during the course of filming Stretch in Bangkok, Thailand.” It was also reported that Anne was having difficulty collecting the insurance policy that the company, MK2 S.A. was supposed to obtain for him. There was no official word on how much she received, but the parties settled out of court and rumor has it she was awarded $400,000.

2. John Ritter

Photo credit: Sorozatjunkie.

Years following the Three’s Company actor’s death in September 2003, John Ritter’s widow Amy Yasbeck filed a wrongful death claim against two of his doctors. A report in the LA Times explained that, “Lawyers for the plaintiffs fault the care Ritter, 54, received from two doctors—one who interpreted the results of a body scan he had in 2001, the other who treated him the night he died.” The defense argued that Ritter would have died from his aortic ailment regardless of the actions of the two doctors named in the suit. While Yasbeck was unsuccessful in that suit, it was reported that the family received other, out of court settlements for Ritter’s death including $9,400,000 from the hospital where he died.

3. Nancy Grace

Photo credit: Pop Tower.

Talk show host and former CNN attorney, Nancy Grace is no stranger to the proverbial hot water, but in 2006 her controversial tactics landed her as the defendant in a wrongful death case. Grace had interviewed a 21-year-old mother from Florida, Melinda Duckett, on her show and the same night of the interview the young mother committed suicide. The interview was in regards to Duckett’s then missing son Trenton, and in the interview Grace rather harshly insinuated that the mother killed her son. The parents of Duckett sued Grace and CNN for wrongful death. They settled out of court and Grace agreed to set up a $200,000 trust dedicated to help find the missing child. A 2010 report from the Huffington Post explained that, “the money in the Trenton John Duckett Irrevocable Trust will transfer immediately to the National Center for Missing and Exploited Children if Trenton is not found alive by his 13th birthday.” There have been no notable developments in Trenton’s case. If you have any information about Trenton’s wearabouts you can contact the National Center for Missing and Exploited Children, Trenton’s case information (including an age-progression photo) can be found here.

4. OJ Simpson

Photo credit: Kimoracochran.

If you were alive in the mid-90’s chances are you watched the OJ Simpson trial EVERY DAY. He was found not guilty of murdering his ex-wife Nicole brown and her friend Ron Goldman, but Goldman’s family still sued Simpson for wrongful death—and they won. The judge awarded Goldman’s family $33,500,000 in the wrongful death suit. The ex-NFL star is currently serving a sentence of 33 years for charges of robbery, kidnapping, coercion, and conspiracy in Lovelock Correctional Center in Nevada.

5. Brittany Murphy

Photo credit: Celebritys.

This is truly a strange but tragic story. Actress Brittany Murphy died in 2009 from what was ruled as pneumonia and extreme anemia. Tragically a year later he husband died from the same causes. Murphy’s mother now claims that both of their deaths are a direct result of toxic mold found in Brittany’s home. The mother had sued the builders in another suit but now she claims that her lawyers in that case misled her into accepting a settlement without informing her of the potential wrongful death claim. Unfortunately as part of the settlement Murphy’s mother Sharon had to agree that no further legal action could be taken against the builders with regards to Brittany’s death. The Huffington Post reported that, “Sharon has hired a new attorney to sue her former ones for legal malpractice and demanding they pay her what she could have won in a wrongful death suit.”

If someone you love died as the result of someone else’s negligence you may be entitled to compensation. Contact one of the skilled New Jersey accident attorneys at Console & Hollawell today to find out your legal rights and options. Set up your free, confidential consultation by calling (866) 778-5500.

5 Charitable Celebrity Lawsuits

celebrity lawsuits

They say charity begins at home, but according to some celebrity lawsuits it begins in Hollywood as well.  Over the years, celebrities have proved they too can give as much as they receive by donating the proceeds they have won in lawsuits to respective charities. Leave it up to the stars to turn a bad lawsuit into good public relations as they benefit those less fortunate.

One does not have to be a celebrity to be slandered. Everyday individuals libel themselves when the make false allegations about others. In a world of free speech, one’s words can become costly if they do not watch what they say. Along with words, contracts hold a lot of weight, making others fully responsible for their commitments.

1.Katie Holmes

Photo credit: Have U Heard.

According to BlogHer.com, the first case of goodwill comes from actress Katie Holmes. The famous actress held Star magazine responsible for printing false allegations that stated she was a drug addict and demanded $50 million dollars in damages. Holmes decided to settle the matter out of court for an undisclosed amount of money and as part of the settlement Star had to issue an apology and retraction. Whatever the cost, Dizzy Feet Foundation, a charity that gives underprivileged children a chance to learn professional dance, reaped the benefits of the suit when Holmes offered them some of her settlement funds.

2. Tom Cruise

Photo credit: Cinec Land.

Speaking of Katie Holmes, Tom Cruise had his own issues with a United Kingdom newspaper when The Express made libel remarks about Cruises sexuality, saying the celebrity only married former wife Nicole Kidman to keep being homosexual from the public. The lie cost the newspaper six figures when a London court ruled in favor of Cruise. Following Cruise’s wishes, The Express donated the money to non-profits as Cruise wanted.

3. David and Victoria Beckham

Photo credit: Punch Bowl.

Though their intentions were good, David and Victoria Beckham failed to prove that the liable material printed in In Touch magazine against the soccer star was worthy of the $25 million dollar lawsuit the couple filed against the tabloid. According to the U.S. district court judge who dismissed the case, the allegations made against Beckham cheating on his wife with call girl Irma Ricci were not made in malice by the magazine. Between the judge and In Touch attorney’s claiming the tabloid substantiated the facts to the best of their ability, the suit was to no avail with no money being donated to Victoria and David Beckham Charitable Trust for Children.

4. Taylor Lautner

Photo credit: Socialphy.

The Lollipop Theater Network, a charity that provides movies that are in theaters to chronically ill children in hospitals, benefited from Twilight star Taylor Lautner’s kindness in the amount of $40,000 when the celebrity won a suit against a McMahon RV company. The contract between the celebrity and the company was violated when Lautner failed to receive a trailer on time that he ordered to be delivered to the  Abduction movie set. Lautner was pleased with the outcome when McMahon’s tardiness made possible many movie screenings to very sick children.

5. Sean Penn

Photo credit: Smartfilm.

On the losing end of a lawsuit, Sean Penn’s anger cost him a battery and assault charge and an undisclosed amount of money when he was sued by photographer Jordon Dawes for allegedly attacking him when he was trying to grab a shot of the celebrity. Dawes won a lawsuit against Penn and bestowed some of the funds to a non-profit devoted to assisting Haiti victims who suffered through the tragic earthquake and to a charity that helps victims of domestic violence.

If someone else’s carelessness or bad decisions have caused you injury in any way a New Jersey personal injury lawyer can assist you in seeking compensation for any loss you have suffered from another’s bad decisions.

Santorum Supports Tort Reform, Just Not In His Case

rick santorum medical malpractice suit

With Super Tuesday on the horizon the nation’s eyes turn to the GOP candidates that are competing for the Republican seat in the presidential election. Although a late bloomer in this race, Rick Santorum has crept up on Mitt Romney and the results of tomorrow’s primaries could throw him well into the lead. But who is the real Rick Santorum? The former Pennsylvania Senator is not as much of a stand-up guy as some may think. In the end he is a self-serving republican, sticking with republican beliefs except when it directly affects him.

Throughout his political career Santorum has been a strong advocate for tort reform, or imposing caps on damages in civil lawsuits. This was particularly true during his time as a Pennsylvania Senator when he was the sponsor or co-sponsor on several bills aiming to cap damages specifically on medical malpractice suits. However, despite wanting the cap for non-economic damages (pain and suffering) at $250,000, which means someone could not be awarded more than that for pain and suffering, this was not the case when his wife filed a medical malpractice suit.

The suit was filed in 1999 after Santorum’s wife, Karen, suffered a herniated disc as the result of an improper chiropractic alignment. The Huffington Post reported that her medical bills totaled at around $18,800, but they were completely covered by Santorum’s government health care. Karen still filed suit against her chiropractor seeking $500,000 for pain and suffering. This is twice the amount of where her husband so adamantly wanted to cap damages at.

When first confronted with the media attacking this case the Pittsburgh Post-Gazette reported on December 11, 1999 that Santorum replied, “The court proceedings are a personal family matter. I will not be offering any further public comments, other than that I am not a party to the suit. But I am fully supportive of my wife.”

His testimony in the case didn’t help with how much of a hypocrite he looked like especially when he explained the effect this injury has had on his wife in a non-economic way. He testified that she was having difficulty moving, walking, lifting, and bending and that she also gained a significant amount of weight as the result of her injury which made her become self-conscious.

He went on to explain how her injury would affect his political career since she could not help on the campaign trail due to “her physical limitations and the poor self-image.”

In a 1999 Roll Call article he explained “We have to go out and do a lot of public things. She wants to look nice, so it’s really difficult.” So Santorum, how does your wife’s lawsuit differ from the ‘frivolous’ lawsuits you are so against? Isn’t seeking compensation for pain and suffering something that tort reform aims to limit?

Even five years after the media frenzy, he was still trying to justify his wife seeking damages much higher than his political stance. He told ABC News, “Of course I’m going to support my wife in her endeavors. That doesn’t necessarily mean that I agree with everything that she does.”

Nice try, Santorum, but even if it was your wife’s lawsuit and not yours don’t you think you two should have discussed the matter before she went against your political beliefs.

He kept digging the hole deeper in the ABC interview when he said, “I guess I could answer that in two ways. Number one is that I’ve supported caps. I’ve been very clear that I am not wedded at all to a $250,000 cap and I’ve said publicly repeatedly, and I think probably that is somewhat low, and that we need to look at what I think is a cap that is a little bit higher than that.”

Photo credit: Boston.com.

So what does this mean in his quest for the Republican nomination? Nothing good I would think. This country does not need a leader who has a very clear political stance except when it comes to something that will benefit him. I am sure his cushy government salary and amazing health benefits had him really hurting for that pain and suffering money. In the end Karen was awarded $350,000, but that amount was reduced by a judge to just $175,000.

Santorum can rest assured that this lawsuit will continue to follow him throughout his political career each time he voices his support of tort reform.

Main photo credit: ABC.

Paula Abdul to Pay $900,000 in Lawsuit

paula abdul settles lawsuit

Paula Abdul seems to make the news every so often with a doozy of a story. This time the story involves Abdul agreeing to pay a $900,000 settlement to a woman who claims she was injured in the pop star’s driveway. Jill Kohl sued Abdul in 2009 because of a slip-and-fall while on Abdul’s property during the taping of the reality TV show ‘Hey Paula,’ according to a Daily Mail report.

Kohl’s lawyer, Robert Rodriguez Clayton, said that Kohl will also receive $100,000 in damages from the company that produced the show. The lawsuit stated that Kohl was injured because Abdul’s driveway, “was in a dangerous and defective condition,” according to the lawsuit.

Photo credit: E! Online.

This has been a difficult couple of weeks for Abdul, who was recently released as a judge on the American version of the show ‘X Factor.’ Abdul has told reporters that she will remain friends with the show’s creator, Simon Cowell, whom she worked with on ‘American Idol.’

When asked about being dismissed from the show, Abdul released the following statement:

“Yes, it’s true; I won’t be returning to ‘The X Factor’ next season. I’ve learned through my longevity in this industry that business decisions often times override personal considerations. Simon and I, along with Fox and [production company] Fremantle, have been communicating about this for a while now, and I have absolute understanding of the situation. Simon is, and will remain a dear friend of mine and I’ve treasured my experience working this past season with my extended family at Fox and Fremantle. I want nothing more than for The X Factor to exceed ALL of their wildest dreams. This truly has been a blessing and I am most grateful.”

Photo credit: Syracuse.com.

If you have been injured in a slip-and-fall accident, you should contact an experienced injury lawyer in NJ for legal advice about their rights and options. Call us today at (866) 778-5500 to set up your free consultation.

Main photo credit: Joy FM.