September 2010 Archives

September 30, 2010

U.S. Supreme Court To Review Bayer Class Action

Attorneys who represent victims of defective products anxiously await to hear hour the United States Supreme Court decides the Baycol case.

The Court just announced that it will review fourteen cases in it's coming term, one being this Bayer Corp. class action. The case involves Bayer product, Baycol which went on the market in 1997 and is claimed to caused side effects including muscle toxicity which can lead to kidney failure and ultimately to death.

The plaintiffs from West Virginia, found their way to a Minnesota court where several cases had been consolidated. Bayer argues that a judge has already banned these lawsuits in 2005. The Supreme Court will now decide.

Products liability cases are very serious. If your life has been effected by a defective product, including a dangerous drug, it is important that you speak with an attorney to learn more about your rights.

September 26, 2010

Kentucky Family Sues Walmart

A Kentucky family filed a personal injury action against Walmart in Jefferson Count Court on Monday, August 16, 2010. The plaintiffs, Robert and Rosalind Grant, claim that they drank milk purchased at a Sam's Club over the course of three days, only to discover a dead mouse at the bottom of the container.

black_rodent.jpg According to the pleadings, the Grants purchased the carton of milk from the Sam's Club operating on Alliant Avenue on May 3. On May 5, they opened the container and proceeded to drink the contaminated milk for three days. Their granddaughter also consumed the milk. On the third day, Mrs. Grant found the dead mouse in the jug.

After finding the mouse, the Grants reported the incident to the Kentucky Department of Public Health. Their lawsuit alleges that they "suffered embarrassment, humiliation and emotional distress" and that their granddaughter suffered from blood in her stools.

According to the attorney for the family, "This has been a traumatic experience for the Grants.. They were completely shocked."

If you have been injured by a consuming a product, you should speak with an experienced products liability attorney to learn more about your rights.

September 15, 2010

Kentucky Supreme Court Affirms Case for Plaintiff

Kentucky Premises Liability attorneys are pleased with the Kentucky Supreme Court decision in favor of an injured plaintiff.

The case of Kentucky River Medical Center v. McIntosh, decided August 26, 2010 held that the open and obvious doctrine did not prohibit plaintiff's recovery in a slip and fall over a hospital curb. In the case, McIntosh worked as a paramedic. As she escorted a patient into the hospital, she tripped over the wheelchair ramp. McIntosh suffered from a broken hip and sprained wrist as a result of the accident.

Even though she had negotiated over the curb in the past, the trial court held that whether she should have been aware of the curb was an the issue was one of fact for the jury. The trial court decision was upheld by the appellate court.

If you have been injured because of dangerous premises, you should contact an experienced attorney as soon as possible.