The family of a Ross, Penna. man who died of asbestos exposure in 2006 recently won $7 million in a wrongful death lawsuit. In 1968, Mr. Tripoli began working as a union contractor in the Koppers Company building, and continued to work there intermittently for seven years. He also worked at Dravo Corporation and Fisher Scientific International, Inc. He was exposed to asbestos at all three locations. In 2005, Mr. Tripoli was diagnosed with mesothelioma, which is a cancer that is caused by asbestos exposure. He passed away in January of 2006 at the age of 68.  

A jury in Allegheny County found Koppers Co., Inc., which was taken over by Beazer in 1988, liable for 40% of the damages. Dravo Corp., part of Belgium’s Carmeuses Group, was found to be responsible for 10%. Fisher Scientific International, Inc., part of Thermo Fisher Scientific, Inc. was found liable for 10% as well. The remaining charges are to be divided among several other companies that dealt with asbestos products. In a separate case in 2006, An Allegheny County judge found that Kopper officials were aware of the dangers of asbestos exposure since 1918.

If you live in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.

A lawsuit has been settled in the case of a 2003 construction accident in Gilroy. On August 7^th, 49-year-old Manuel Pereira, a sheetrock specialist, was working for a subcontractor for Greg Farotte Construction, Inc. Mr. Pereira was performing work in a scissor lift at El Amigo Restaurant. The machinery rolled into an open hole in the kitchen’s cement floor, causing the lift to fall and knock Mr. Pereira 15 feet to the ground. He suffered a fractured wrist and dislocated elbow. Seven surgeries were performed on his arm, but he is still permanently disabled and cannot perform construction work, which is his only means of employment.  

Mr. Pereira sued Greg Farotte Construction and the plumbing subcontractor, Associated Plumbing. He argued that OSHA regulations required that exposed holes must be covered. Both defendants denied responsibility, stating that the accident was caused due to Mr. Pereira’s negligence. They stated that Mr. Pereira attempted to drive around the holes with the lift extended, which is not how the machinery is to be operated. It also should not be used on uneven surfaces. Mr. Pereira had not been trained to use the scissor lift, so his incorrect use of it was the cause of the accident. They further argued that the holes were exposed because they were being used by Associated Plumbing. 

Mr .Pereira requested $132,000 for medical specials, $100,000 for loss of past wages, and $750,000 for future loss of wages. Due to a provision in their contract obligating Associated Plumbing to pay, Greg Farotte Construction paid Mr. Pereira $450,000 and Associated Plumbing paid $1 million.

If you or someone you know has been seriously injured, contact the law firm of Estey & Bomberger.

35-year-old Jim Lang of Wisconsin has won over $3 million in a medical malpractice lawsuit after losing a portion of his left leg. In 2003, Mr. Lang visited Dr. Gregory Estlund after he injured his leg while working at a factory in Hammond. After four visits to Dr. Estlund with no progress, Mr. Lang decided to see a specialist. That specialist discovered that muscle and nerve damage had limited Mr. Lang’s blood flow, and ordered Mr. Lang to be taken into surgery that day. Mr. Lang still never regained feeling in the lower portion of his leg, and it had to eventually be amputated in 2004. A jury in St.Croix County found Dr. Estlund negligent, and awarded $3.2 million to Jim Lang.

If you reside in southern California and have been seriously injured, contact the law firm of Estey & Bomberger.

The Endoscopy Center of Southern Nevada has been related to over 80 cases of hepatitis C, and the medical workers’ practices have now been blamed. In January, the Southern Nevada Health District found cases of hepatitis C that seemed to be linked to the clinic. Since February, 85 cases have been discovered. Seven cases were definitely contracted at the Center, 77 were most likely contracted there, and one was caused from a sister clinic. The outbreak was one of the largest in the United States. The Southern Nevada Health District has informed 40,000 clinic patients of the risks, and requested that they be tested for hepatitis B and C and H.I.V. Approximately 50,000 patients’ blood samples have been tested, and more cases are expected to be discovered.

A recent report by the Centers for Disease Control and Prevention states that nurses and anesthesiologists failed to wear gloves when administering medication, and IV stoppers were not cleaned properly. It also states that syringes and vials were reused, as well as disinfectant cleaning solutions for equipment. Officials feel that the disease was spread due to the clinic reusing anesthesia syringes. The medical facility was closed and fined $500,000. The owner, Depak Desai, and two doctors have been instructed to stop practicing medicine. Authorities have already been investigating the clinic for possible fraud. The Endoscopy Center of Southern Nevada is one of the biggest gastroenterology practices in the area.

A wrongful death lawsuit has been filed in the Riverside County Court by the parents of a girl who died while competing in the Olympic equestrian sport of eventing. The sport consists of three competition phases: dressage, show jumping, and a cross-country obstacle course. Mia Eriksson, 17, died in November of 2006 when her horse fell at the Galway Downs Three-Day Event in Temecula, CA. The lawsuit states that Mia’s death was partly due to the course being made more dangerous to make it more “thrilling” for viewers. The family says the course also lacked safety precautions that would have lowered the risk of falls. The lawsuit seeks an unspecified amount of damages, and blames the United States Equestrian Federation, United States Eventing Association, and Mia’s former trainer, Kristi Nunnink. Ms. Nunnink claims that the Erikssons were aware of the risks involved in the sport. In the past year and a half, fourteen equestrians have died worldwide. Mia’s older sister, Shana, also died in an equestrian accident on the Fresno State campus in 2003. The family also filed a lawsuit in Shana’s death, and the case is currently being appealed.  If you or someone you know has been seriously injured in an accident, contact the law firm of Estey & Bomberger.

An appellate court in Illinois ruled Friday that the city of Chicago is not responsible for the deaths of 21 people in a stampede in 2003 at the E2 nightclub. The stampede began after pepper spray was used to break up a fight on the club’s second level. Occupants fled down narrow stairs, and when they were unable to open an exit door, their bodies piled up, causing 21 deaths and dozens of injuries. The families of the victims filed many lawsuits blaming city officials for not abiding by building codes, such as failing to maintain adequate exits and violating occupancy limits. The lawsuits also state that police incorrectly handled rescue efforts. A three-judge panel with Chicago’s 1st District Appellate Court found the city not responsible because their actions were not willful.  Attorneys and victims’ families plan to consider other legal options, such as petitioning Illinois’ highest court. In 2007, a club owner, manager and party promoter were all acquitted of involuntary manslaughter for the 21 deaths. The nightclub owners have already settled many lawsuits filed by victims and their families.

 If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.