ArvinMeritor Prevails in Eaton Antitrust Suit

A U.S. District Court jury has ruled in favor of ZF Meritor and Meritor Transmission Corp. in the companies' antitrust lawsuit against Eaton Corp. The court concluded that Eaton engaged in exclusionary and anticompetitive conduct in the sale and marketing for heavy-duty truck transmissions.

The case will continue on to the damages phase through a separate trial. According to Bloomberg News, Meritor will claim more than $800 million in damages.

ALABAMA

CHAPMAN v. BAMA LOGGING EQUIP. CO., ET AL. THE OWNER OF A LOGGING BUSINESS PURCHASED A LOG SKIDDER ONLY TO FIND LATER THAT IT WAS A ONE-OF-A-KIND PROTOTYPE THAT DIDN'T WORK; PLAINTIFF WAS AWARDED PUNITIVE DAMAGES THAT WERE ROUGHLY TEN TIMES HIS CLAIMED COMPENSATORY DAMAGES. Verdict: $16,069,000 for plaintiff

ALASKA

KAREN J. MUHLHAUSER v. DAWN L. DOLPHIN PREMISES LIABILITY (SLIP & FALL)

ARIZONA

Nardelli v. Metropolitan Group Prop. and Cas. Ins. Co. Auto Theft Victims Receive $55 Million in Punitive Damages from Metlife

ARKANSAS

Jon H. Dodson, M.D. and Forest Park Medical Clinic, P.A. v. Allstate Insurance Co. In the early 1990s, and continuing for the next 10 years, plaintiff Jon Dodson, 50s, a board-certified radiologist in Little Rock, was subject to repeated claims investigations by Allstate Insurance Co.

CALIFORNIA

BULLOCK v. PHILIP MORRIS In this retrial, a 63-year-old female who suffered from lung cancer after over 40 years of smoking cigarettes. In the original trial, dated 09 / 28 / 02, the jury awarded $28 billion in punitive damages, which was reduced to $13 million in this 2009 retrial.

COLORADO

Hoffman v. Ford Motor Co. Jury Sets Damages at $18M in Seatbelt Defect Suit

CONNECTICUT

BRANDON WHITE v. USATF/CT A personal injury suit was brought after a teenage pole vaulter was injured during practice for a competition. Plaintiff alleged defendant provided the incorrect length of runway, which threw off his steps and caused him to fall on the plant box instead of in a padded pit. A New Haven Judicial District jury found for the plaintiff and awarded him $8,000,000 less 20% comparative negligence.

DELAWARE

FLORIDA

MICHAEL LIVINGSTON vs. FESTIVAL FUN PARK, LLC, et al. Plaintiff alleged that on May 15, 2005, he was climbing the twenty-five-foot rock wall at Defendant Festival Fun Park d/b/a Boomers in Boca Raton when the hydraulic belay cable attachment failed at the top, sending Plaintiff plunging to the floor. Plaintiff filed suit against Defendant, Boomers' parent company.

GEORGIA

SONJA ZEGEL, WILLIAM ZEGEL AND LILLIAN ZEGEL v. P.N. EXPRESS, INC. MOTOR VEHICLE AUTO/TRUCK ACCIDENT - REAR-END - FAMILY INJURED - CONSORTIUM Verdict: $11,449,000 less prior settlement of $750,000.

HAWAII

IDAHO

JAMES M. AND GALE PHILLIPS v. MILT E. AND MARY C. ERHART Plff, male age 38, married, father of two children. Plffs sued former state representative Milt Erhart claiming that he failed to adequately repair a stairway in a Meridian office building he owned. Plff contended he was walking down the Def.'s stairs when he fell and was knocked unconscious.

ILLINOIS

Venturi v. Midland Realty & Dev. In a first amended complaint filed in April 2008, the plaintiffs alleged Dorman and his employer, vicariously, failed to drive at a reasonably safe speed, failed to maintain proper control of the vehicle, failed to keep a proper lookout, failed to exercise due care, failed to stop in time to avoid a collision and were otherwise negligent.

INDIANA

ESTATE OF SIMONTON v. L&L ENTERPRISES, INC. A HUNTER WAS STRANGLED TO DEATH WHEN THE TREESTAND AND SAFETY HARNESS HE WAS USING FAILED AND CAUSED HIM TO FALL; AFTER THE NOW DEFUNCT MANUFACTURER FAILED TO ANSWER THE COMPLAINT AND THE HUNTER'S ESTATE WAS AWARDED A DEFAULT JUDGMENT ON LIABILITY, THE CASE WAS TRIED SOLELY ON DAMAGES AGAINST AN EMPTY CHAIR Verdict: $157,000,000 for plaintiff

IOWA

Frohne v. LeClaire Hotel Group Hotel owner, general contractor failed to provide a safe place to work and manufacturer negligently designed forklift, causing a worker to fall from the forklift and sustain injuries

Kuiper v. Givaudan Flavors Corp. Manufacturers of butter flavorings failed to warn popcorn factory worker of health risks posed by diacetyl fumes, causing the worker to develop a respiratory disease

KANSAS

Payne v. Rollheiser Richard Payne said he was hired by Daniel “Dan” Rollheiser to help trim trees at Dan's property in Overland Park, Kan., Sept. 8, 2004. Payne stated Dan asked him to climb an extension ladder Dan had placed against a tree limb and remove the part of the limb overhanging the street.

KENTUCKY

WILES v. THE MEDICAL PROTECTIVE A MEDICAL MALPRACTICE INSURER WAS BLAMED FOR DELAYING PAYMENT OF A TORT CLAIM THERE BEING EVIDENCE THE ADJUSTOR IN THE CASE WAS MOTIVATED TO MEET HIS INDEMNITY BUDGET AS OPPOSED TO EVALUATING THE CLAIM

LOUISIANA

Abate v. State Farm Mut. Auto. Ins. Co. Thomas Abate, a salesman at Louisiana Motors/Saturn of Lafayette, was driving a golf cart in the course of his employment in a private car lot, Aug. 26, 2005, when he was reportedly broadsided by a 1996 Chevrolet Tahoe SUV operated by Dustin H. Schexnider, allegedly an employee of ABC Automotive Wholesale Company.

MAINE

MARYLAND

JEFF AND MARSHA ALBAN, ET AL. v. EXXONMOBIL CORP. TOXIC EXPOSURE TOXIC EXPOSURE - GASOLINE LEAK - CONTAMINATION - LIABILITY ADMITTED - FRAUD - PROPERTY DAMAGE

Gray v. Chavez Off-duty police officer negligently operated motor vehicle causing fatal collision with another vehicle

Brown v. Miller Truck driver's negligent run through red light and truck owner's negligent entrustment resulted in motor vehicle collision

MASSACHUSETTS

Charest v. LaFlamme Charest, a self-employed painter and stone mason, was totally disabled for 14 weeks after the accident, he said, and partially disabled for an additional 17 weeks. He reportedly lost $18,000 in income during that time. His lost wages continue to increase, he claimed, as the contractor was unable to return to work in the same capacity he enjoyed prior to the accident.

MICHIGAN

Pawlik v. Star Transp. The tractor-trailer driven by Trimble reportedly rear-ended the Pawliks' vehicle at a high rate of speed. Michael said Mary sustained massive head injuries, including a traumatic brain injury, a massive acute hematoma over the right frontal lobe, an acute subdural hematoma, and a subarachnoid bleed. She was treated at Bronson Methodist hospital in Kalamazoo and died the following day.

MINNESOTA

Braun v. Wal-Mart, Inc. Employer failed to properly compensate employees for work performed during rest breaks, meal breaks and off-the-clock and failed to keep accurate employee time records

Chase v. Burlington Northern Santa Fe Corp Negligence of railway company and driver of motor vehicle caused fatal train/motor vehicle collision at railway crossing

MISSISSIPPI

WESTROPE v. CLEMCO INDUSTRIES CORP.; PRECISION PACKAGING INC.; LONE STAR INDUSTRIES INC. A 73-year-old male retired sandblaster suffered from silicosis resulting in respiratory dysfunction and the loss of
quality of life after his exposure to asbestos related materials

MISSOURI

Selimanovic v. Finney Family hired an attorney to prosecute a wrongful death action regarding the death of their father/husband, and the attorney failed to file a petition before the expiration of the statute of limitations

MONTANA

JOHN DOE, ET AL. v. LENNOX INDUSTRIES, INC. PLAINTIFFS VERDICT for $7,490,000. (The jury found that Def. Lennox was 70% negligent while Anderson's Heating and Air Conditioning, Inc. of Missoula, Montana was 30% negligent. Anderson's Heating and Air Conditioning, Inc. installed the defective product and was initially named in the complaint, but reached a settlement before trial. The jury awarded individual payments ranging from $268,000 to $591,000.)

NEBRASKA

NEVADA

KELLER, ESTATE OF v. FLUGRAD, D.M.D.; MADARAS, D.D.S.; RARITAN BAY ORAL &; MAXILLOFACIAL SURGERY; WOODBRIDGE INTERNAL MEDICAL ASSOCIATES; FAMILY DENTAL CARE - This wrongful death action was brought after a 21-year-old male died of suffocation 12 hours after four wisdom teeth were extracted

NEW MEXICO

NEW YORK

GUARASCIO v. DRAKE ASSOCIATES INC.; THE UNDERWATER AUTHORITY; EIC ASSOCIATES INC. Moderate Brain Damage-EMPLOYER NEGLIGENCE

NORTH CAROLINA

LANE v. LUNN An elderly man who worked part-time as a delivery truck driver was injured in a collision with a tractor-trailer that was blocking his lane of travel. Plaintiff suffered multiple serious injuries in the crash. The defendant denied liability, but ultimately agreed to settle the case for $1,095,000, plus worker's compensation benefits which exceeded $400,000.

NORTH DAKOTA

OHIO

Clawson v. Rothstein The plaintiffs alleged the defendants' medical negligence caused Sally to suffer permanent neurological deficits, great pain and suffering, lost enjoyment of life, medical expenses, lost wages and mental anguish. Michael Clawson made a claim for loss of his mother's consortium. They sought compensatory damages against the defendants, jointly and severally.

OKLAHOMA

Compton v. BNSF Ry. Co. Compton claimed he sustained permanent injuries while in the performance of his work duties, which included inspecting the rolling stock for defects, performing terminal air brake tests, cleaning and preparing surfaces for painting, cutting and performing rough finish operations on metal and wood, using power and non-power tools and electric and gas welding equipment.

OREGON

DENNIS AND SHERI TAYLOR v. BARBARA J. KAYLOR Plff Sheri was a passenger in a vehicle being operated by Plff Dennis on Riverside Avenue near Jackson Street in Medford, Oregon. Plffs contended the Def. failed to yield the right-of-way at a traffic control device, striking their vehicle.

PENNSYLVANIA

ROBERT T. BAIRD, JR. v. KENNETH J. MORRISSEY, M.D. A Providence County jury awarded $4,000,000 to a man who claimed he became disabled due to the alleged negligence of an orthopedic surgeon. The defendant denied liability. The final judgment was expected to be approximately $6,600,000 after first reducing the jury verdict by disability insurance payments received by plaintiff and then adding interest.

SOUTH CAROLINA

ELIZABETH SMITH v. SEXTON DENTAL CLINIC, ET AL. Unnecessary removal of 13 teeth. Plaintiff submitted approximately $80,000 for future costs associated with the restorative surgery to replace the teeth mistakenly removed.

LARRY KEETER, ET AL. v. ALPINE TOWERS INTERNATIONAL, INC. Plaintiff Larry Keeter, a 17 year old male, sustained permanent injuries when he fell from a 50' climbing tower during a school event. While plaintiff was descending the climbing tower, the student who was holding the rope and belaying plaintiff lost her grip on the rope.

SOUTH DAKOTA

TENNESSEE

Tony Sherrod, Ernest Sherrod, Linda Parham, Odessa Robinson, Yvonne King, Roy Sherrod, individually and as heirs and on behalf of the Estate of Voncil Sherrod, and for the use and benefit of the wrongful death beneficiaries of the Estate of Voncil Sherrod, deceased v. Mariner Health Care Inc. (f/k/a Mariner Post-Acute Network Inc.), Mariner Health Care Management Co. Inc., National Heritage Reality Inc. d/b/a High Pointe Health and Rehabilitation, Robbie Faye Smith and Cathey Snipes Upon her discharge on Nov. 15, 2005, Sherrod suffered from malnutrition, dehydration, and septic shock, and she was transferred to Methodist University Hospital. Her family alleged that her pressure ulcer had deteriorated and she suffered additional wounds over and above those she had upon admission. The estate was awarded $2,777,396.32.

TEXAS

Valerie Ann Skrine v. Victory Gym and Fitness Inc., Tony W. Hall, and Fitness Quest Inc. On Aug. 25, 2005, plaintiff Valarie Ann Skrine, 49, a pharmaceutical sales representative, fell off a BOSU Balance Trainer device during a session with a personal trainer at Victory Gym & Fitness in Cedar Hill. Her trainer was gym employee Tony W. Hall.

UTAH

Joann Kunzler v. Staker & Parsons Cos., the State of Utah, Utah Department of Transportation, Atlas Engineering and John Does 1-10 On July 18, 2006, plaintiff Richard Kunzler, 38, was driving north on Interstate 15 at or about the 75-mph speed limit when he crossed a highway bridge near Spanish Fork and encountered congestion caused by construction. Staker & Parsons Construction Co. was under contract with the Utah Department of Transportation to do repair work. A car swerved in front of Kunzler, causing him to swerve to avoid hitting it. Kunzler then slid into the back of a car that was stopped. He was killed in the crash.

VERMONT

Owen Milne v. Volkswagen AG and Volkswagen Group of America Inc. Milne sued Volkswagen for products liability, asserting that the roof structure of the Jetta was defective in that it crushed excessively when the roof struck the embankment, and the seat belts were defective. Verdict-Defendant The jury found for the defendants, finding no defect.

VIRGINIA

GLENN THOMPSON AND R. TURNER v. CSX TRANSPORTATION, INC., ET AL. A Suffolk Circuit Court jury awarded $1,000,000 to a railroad engineer who was injured in an accident at a railroad crossing. The verdict was against the railroad company. There were claims against other defendants, but those claims were disposed of previously.

WASHINGTON

KESHA ALLEN AND JAMILA JOHNSON v. DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY Plaintiff Kesha Allen was driving her vehicle with Plaintiff Jamila Johnson as a passenger. They were traveling through an intersection when they collided with a truck owned by Defendant District of Columbia Water and Sewer Authority. Plaintiffs were traveling in a funeral procession and had entered the intersection against a red light.

WEST VIRGINIA

WISCONSIN

Deborah K. Mayer v. David M. Bowe and Wisconsin American Mutual Insurance Co. Plaintiff Struck Head-on by Driver Under the Influence of Alcohol The jury awarded the plaintiff $3,14,2588.

WYOMING

EDWARD AND CYNTHIA POCHE v. RAOUL JOUBRAN MD; MARY MACGUIRE MD; JAMES ANDERSON; GASTEROENTEROLOGY ASSOCIATES AND WYOMING SURGERY ASSOCIATES MEDICAL MALPRACTICE (STANDARD OF CARE) The jury found that Joubran was 60 percent negligent Macguire was 40 percent liable. It found that Anderson was found not liable. It awarded $1.59 million. The government was awarded $380,000.