Thursday, October 10 2013 |
The surviving family members of a Nashville-area restaurateur are suing a dry ice maker and several other entities after the owner became locked in a walk-in cooler and died.
According to news sources, the incident stems from a scheduled power outage at the (now closed) restaurant. The lawsuit claims that defendant Continental Carbonic Products recommended that the restaurant use dry ice in the cooler to prevent food from spoiling. When the power was restored, restaurant owner Jay Luther went to check the cooler and the door slammed shut, locking him inside. The lawsuit and police investigation indicate that the latch on the cooler did not work. Luther pushed a panic button inside the cooler, alerting defendants ADS Security and Metro Nashville Police Department (MNPD); upon finding the building locked, the security guard and MNPD officer attributed the alarm to the power outage and did not investigate further.
The suit seeks $10 million in damages from the dry ice maker for supplying a "defective and unreasonably dangerous" product and failure to provide material safety data and handling guide warnings for use of dry ice. The other defendants, including the building's security providers, the maker of the cooler and MNPD are being sued for punitive and actual damages.
—Source: nashvillecitypaper.com |
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Wednesday, October 02 2013 |
A federal judge has dismissed a class action lawsuit against Nabisco cookies on the grounds that it "strains credibility" for consumers to think Newtons cookies must be made with "real fruit," rather than fruit puree.
U.S. District Judge William Alsup dismissed the case filed by plaintiff Monique Manchouck against Mondelez International, the maker of Nabisco Newtons cookies. "The complaint has failed to allege why real strawberries and raspberries in their pureed form are no longer 'real fruit,'" Alsup said.
Manchouck maintained in her lawsuit that she had been misled to believe the statement "made with real fruit" meant they contained "real fruit, not mechanically processed fruit puree, which is not 'real fruit.'" Judge Alsup dismissed the case, noting that it is "ridiculous" for consumers to think that the snack food would contain only actual strawberries or raspberries, rather than fruits in a form amendable to be squeezed into the cookies.
—Source: foodnavigator-usa.com |
Wednesday, September 25 2013 |
A former professional football player is being threatened with lawsuits from parents of teenagers who allegedly trashed his home.
Former Pro Bowler Brian Holloway was staying at his primary residence in Florida when an estimated 300 teenagers crashed his house in New York and held a giant party. The brazen teens then uploaded photos, videos, tweets and Facebook posts of the estimated $20,000 in damages they did to the property. Holloway responded by publicizing these same photos on his website, www.helpmesave300.com, and publicly pleading with parents and teens to remedy the situation.
According to news reports, rather than apologize to Holloway for their children's behavior, some parents have contacted lawyers to see what, if any, legal remedy may be available.
“Parents have threatened me,” Holloway said. “Your kids are in my house breaking and stealing my stuff and you are mad at me because I posted pictures that they took and posted themselves of them partying and tearing things up?”
—Source: hotair.com |
Thursday, September 19 2013 |
A New York City couple is suing their son's exclusive academy, claiming school officials rigged an auction and cost the parents $50,000.
When Michelle and Jon Heinemann were unable to attend the annual silent auction at their son's $38,425-a-year Cathedral School of St. John the Divine, they allegedly gave the school permission to bid by proxy for a kindergarten class painting. According to news reports, the artwork contained "traced-and-cut-out paper hands" of the Heinemann's son and his classmates. In the past, such paintings have sold for between $1,200 and $3,000.
According to the lawsuit, Ann LaForge, the school's director, placed a maximum bid on behalf of the Heinemanns at $50,000 and instructed a first-grade teacher to bid against them to raise the price. Additionally, the lawsuit alleges that teachers and administrators mistreated the Heinemann's son, because "certain of the teachers and staff disliked [the Heinemanns] and the fact that [they] were generous donors to the school."
The Heinemanns are seeking $415,900 for damages, plus interest.
A spokesperson for the Cathedral School of St. John the Divine told news sources, "These allegations are sad, false and without merit. The Cathedral School has a more than 100-year reputation of excellence in education and service to its students and demonstrates a profound respect for the dignity and equality of every child.”
—Source: HuffingtonPost.com |
Thursday, September 12 2013 |
A Sacramento, California, car-repair shop is being sued by an inmate at Solano state prison for $15,000 in damages for the lost use of his transmission.
Michael Witkin, who will be an inmate at the state prison at least until 2026, filed a lawsuit against PTS Extreme Transmissions for failure to return a transmission Witkin dropped off for repair at least three years ago.
“It’s been very frustrating and costly,” said Bruce Toelle Jr., owner of PTS Extreme Transmissions, who has been dealing with the lawsuit since January 2012. He said Witkin dropped off his transmission for repair years ago, then never came to pick it up. Toelle viewed the transmission as abandoned property.
Toelle regards the case as a simple statute-of-limitations issue and can’t understand why it has dragged through the courts for 18 months, running up his legal expenses. According to news sources, inmates’ court fees are typically paid for by California taxpayers.
“If I win, I have no recourse,” said Toelle. “These guys can keep filing and filing, whether it’s legitimate or not. Meanwhile, people are having trouble getting their cases heard because these types of cases are tying up the courts. The burden is on the taxpayer.”
Witkin appears to be expanding his complaint. In a recent filing, he accuses prison officials of violating his constitutional rights to “unfettered court access.”
—Source: utsandiego.com |
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