Vested Interest - Tort Briefs - March 1998 Issue

Philip H. Corboy Honored with Street Designation

Association of American Law Schools Calls for End to Rankings

The Association of American Law Schools has called on U.S. News and World Report to stop its rankings, citing serious methodological flaws. Speaking for the Association, John Sexton, Dean of the NYU School of Law, decried the rankings as "misleading and dangerous". The Association has mailed letters to 93,000 law school applicants warning them "not to substitute someone else’s ranking system for your own best judgement." Sexton faulted all ranking systems, but singled out U.S. News, which is due to release their list in the coming weeks. The magazine declared its determination to continue the rankings. (AP, February 19, 1998)

Americans with Disabilities Act Extends to Golf Association: U.S. Magistrate

U.S. Magistrate Thomas M. Coffin of Eugene, Oregon has ruled that the Americans with Disabilities Act requires that the Professional Golf Association allow Casey Martin to use a golf cart in competition. Martin, who suffers from a congenital circulatory disorder in his right leg, had earlier won an injunction allowing him to use a cart in competition last December. Judge Coffin ruled that the use of a cart is a "reasonable accommodation" under the terms of the ADA. PGA officials argued that walking the course is an integral part of the game, and contributes to fatigue and the physical challenge of the game, but Judge Coffin concluded that Martin would continue to feel fatigue even with a cart. (Liability Week, February 17, 1998)

United Airlines Sued Over Passenger’s Heart Attack

A 37-year-old passenger suffered a heart attack and died on a flight from Boston to San Francisco. His widow has sued United Airlines for failing to keep basic medical equipment on board. Coincidentally, the victim, Steven Somes, was treated by three doctors, including a critical care expert, who were also traveling in the first class section. The doctors led the effort to revive him, but reported that the plane was not carrying basic medical equipment commonly used by paramedics. The suit alleges that the plane’s medical kit was inadequate, and that other airlines carry more advanced tools. (AP, February 2, 1998)

American Bar Association Stands Up for Independent Judiciary

The leader of the American Bar Association has accused Congress of deliberately intimidating sitting judges whose decisions are politically unpopular. Jerome Shestack’s comments were a rebuttal to House Republican Whip Tom DeLay’s pledge to "go after [judges] in a big way" and his later assertion that "judges need to be intimidated." House Republicans have also criticized the ABA itself for the way it rates judicial candidates. Shestack stood by the process, noting that it is based on the nominees experience, ability, integrity, and temperament, and ignores the political fallout from their past work. (AP, February 1, 1998; February 3, 1998)

Doctor Faces Criminal Charges Over Patient’s Death

The parents of an 11-month-old boy brought their child to a Northern California emergency room when he started coughing up blood. The treating doctor looked at the boy, handed the parents a map, and told them to drive 55 miles to another hospital. The boy was pronounced dead soon after arriving at the other hospital. Now the doctor who sent them away is facing not just a civil negligence claim, but criminal charges for second degree murder, involuntary manslaughter, and child endangerment. Prosecutor Vernon Pierson secured a grand jury indictment based on Dr. Wolfgang Schug’s failure to diagnose and treat severe dehydration. Defense attorneys claim that Dr. Schug did the best he could. The American Medical Association estimates that just ten doctors each year face criminal charges based on the treatment of their patients. (AP, January 30, 1998)

Harvard Student’s Family Sues School Over Death

The family of a 20-year-old student, killed by her roommate, has filed a suit against Harvard University, charging that the school took insufficient steps to prevent the killing. Trang Ho was killed in May, 1995, by her roommate, Sinedu Tadesse, after announcing that she wanted another roommate for the next year. Tadesse stabbed Ho 45 times before hanging herself. The family claims that Harvard ignored evidence of Tadesse’s deteriorating mental condition, including a letter written to the school, and could have prevented the deaths. (AP, February 18, 1998)

Los Angeles Agrees to $1 Million Settlement with Protest Organizers

Activists concerned with the Rodney King beating planned a public protest for May 1, 1992, soon after police officers were acquitted and in the midst of rioting by angry residents. Minutes before the non-violent rally was to occur, however, L.A. police arrested over 300 people, effectively ending the rally before it began. Police claimed that Mayor Frank Jordan’s declaration of a state of emergency justified the suspension of civil liberties, but protestors disagreed, pressing lawsuits claiming constitutional violations. The City of Los Angeles has now agreed to settle those claims with payments of between $1,200 and $1,700 per protestor and $400,000 in legal fees. The total settlement will likely come to around $1 million. (AP, February 12, 1998)

Accent Discrimination Claim Nets $500,000 Verdict

Irma Rivera was the top sales agent at Baccarat, a boutique in Manhattan, from 1992 to 1995, when she was fired for speaking Spanish to co-workers. Company president Jean-Luc Negre claimed he didn’t like her accent. Ms. Rivera’s accent reflects her Puerto Rican ancestry. A federal jury found that the firing was improper, and issued a verdict for $125,000 in compensatory damages, $375,000 in punitive damages, and unspecified damages for back and future wages. Baccarat has announced plans to appeal. (AP, February 10, 1998)

EEOC Secures $786,000 Verdict for Waitresses Demoted or Fired for Pregnancy

The Rustic Inn Crabhouse in Ft. Lauderdale, FL, had a policy of demoting pregnant waitresses to lower-paying jobs at the cash register. Waitress Barbara Nuesse refused the demotion in her fifth month, and was fired. She and two others who did not refuse the demotion brought complaints to the U.S. Equal Employment Opportunity Commission. At trial, the judge ruled that the policy was discriminatory on its face, and directed the jury to determine the amount of damages. The jury returned a verdict of $786,000. The restaurant, which claimed the policy was intended to protect pregnant women, has said it will appeal. (AP, February 5, 1998)

Wisconsin Supreme Court Justice Announces Retirement

Justice Janine Geske of the Wisconsin Supreme Court has announced plans to resign in September. Justice Geske has served on the high court since her appointment by Gov. Tommy Thompson in 1993. "I will continue to be close to the court system," she said at a press conference. "The citizens of this country and the world are looking for ways to amicably resolve disputes more economically and more peacefully, and I think I can play a role in that." Justice Geske, who once worked as a Legal Aid staff lawyer, plans to establish her own private mediation service. (Chicago Tribune, February 16, 1998)

Texas Jury Issues $2.9 million verdict in Nissan Accelerator Case

A jury in Houston, Texas, has issued a plaintiff’s verdict in a case involving the accelerator system in Nissan (Datsun) 300ZX cars made between 1979 and 1989. Marian Armstrong claimed that her 1986 car suddenly accelerated when she started it, flying into a brick wall and then a pole. Nissan has reported 750 similar cases, out of 190,000 such cars sold. The jury verdict covered $900,000 in compensatories. If her verdict is upheld on appeal, she will also receive $2 million in punitives. (AP, February 14, 1998)