Vested Interest - Tort Briefs - May 2000 Issue

Cases Involving Abuse by Police

Several recent verdicts show how juries can take control of violent police officers where their departments will not. Ismael Mena was shot and killed by plain-clothed Denver police who executed a no-knock raid on his home. The officers had raided the wrong house, however. The City of Denver has agreed to pay $400,000 to settle the claim. In Baltimore, a jury has issued a $4.1 million verdict to a man who was brutally attacked by police. Officers claimed that Freddie McCollum was resisting arrest when they entered his house without a warrant, beat him with their batons and had their police dog attack him, costing McCollum his right eye and the use of his left hand. And in New York, the City Council has agreed to pay $1.87 million to settle claims by three men who were shot by police who were investigating a shooting. One of the police officers told one of the victims, "shut up, or I'll shoot you again." Also in New York, the parents of Amadou Diallo have filed a civil suit against the police for the death of their son. They are seeking $20 million in non-economic damages, and $1 million for each shot fired by the plain clothed policemen who killed Diallo, for a total of $61 million. Defendants include the four police officers who were acquitted of criminal charges. (AP, March 8, 2000; AP, March 24, 2000; AP, April 5, 2000; and AP, April 18, 2000)

Multi-Million Dollar Settlements in BP Amoco Cancer Cases

BP Amoco announced that it had settled claims brought by five current or former employees who suffered from brain cancers resulting from occupational exposure at a Naperville facility. The company initially sought to keep the settlements sealed, but Cook County Judge Judith Cohen refused to accede to the blanket request for secrecy. In the case of David Palmer, a former researcher who has since died, the settlement calls for payments totaling $2.75 million; $366,000 to Palmer's estate, and $1.4 million to Palmer's family. BP Amoco has also agreed to pay $2.2 million for the death of Cecil Bergmann, including $585,432 to his widow and $292,717 to each of his sons. Other settlements remained sealed and 22 other claims have yet to be resolved. In revealing the settlement, Judge Cohen did not order the release of any scientific evidence explaining what occupational exposure may have resulted in the cancers. (Chicago Sun-Times, April 14, 2000, Chicago Sun-Times, April 19, 2000)

FBI Investigates Illinois Supreme Court Appointment Process

Agents of the Federal Bureau of Investigations have interviewed all three state Supreme Court justices from Cook County to determine if there were any improprieties in the appointment of district judges. The investigation was prompted by allegations, uncovered during divorce proceedings, that one judge gave $20,000 of the couple's money to an unnamed Chicago politician to ensure an appointment. The unnamed judge denies making any such payment, insisting that the money went for home improvements, and notes that bar associations found him qualified to be a judge prior to his appointment. (Chicago Sun-Times, April 27, 2000)

New Hampshire Supreme Court in Crisis

One justice's divorce is now threatening to cause a major crisis in the New Hampshire Supreme Court. Already one justice has stepped down and a state legislator has called for recall actions against all but one other. Justice Stephen Thayer resigned to avoid prosecution for unduly influencing a case in which he had disqualified himself. The fact of his influence came out during divorce proceedings from his wife Judith, who claimed that Thayer was trying to engineer the selection of a friendly judge to hear the divorce. Evidence of other justices offering informal opinions on cases from which they had disqualified themselves has resulted in charges against three of the remaining four justices. (Various wire stories)

Supreme Court to Consider if States Can be Sued for Discrimination

Patricia Garrett was treated for breast cancer, causing her to miss a few days from her job at the University of Alabama. She claims that her supervisor threatened her with a demotion if she took leave for treatment, and that she was demoted after she returned. She sued, claiming a violation of the federal Americans with Disabilities Act, but the University claimed that, as an agency of the State of Alabama, it is immune to such suits under the Eleventh Amendment to the U.S. Constitution. A federal appeals court agreed with the University, setting up a hearing before the U.S. Supreme Court. The ruling in the case, Alabama v Garrett (99-1240) is expected next year. (AP, April 17, 2000)

Stanford University Liable for Retaliation

Colleen Crangle worked as a medical doctor conducting research at Stanford University until March, 1997. Prior to that time, she filed a sexual discrimination claim against the university. She claimed that her termination was unlawful retaliation against her for filing that claim. A federal jury has concluded that Stanford must pay her the maximum damages allowable by law, totaling $545,000, principally back pay, and reinstate her to her former position. (AP, March 31, 2000)

U.S. Supreme Court Issues Blow to Railroad Safety

Eddie Shanklin was driving through Tennessee on a dark night when he came upon a railroad crossing marked only by a reflectorized sign, without gates or even flashing lights. He was struck and killed by a train. His widow filed suit and received a jury verdict for $430,765. The verdict was upheld by the 6th Circuit Court, but the U.S. Supreme Court has now struck the verdict on the grounds that the railroad crossing had been approved and partly paid for by the Federal Highway Administration. "Once the FHWA approved the project and the signs were installed using federal funds, the federal standard for adequacy displaced Tennessee statutory and common law authority addressing the same subject, thereby pre-empting the claim," wrote Justice O'Connor, for a 7-2 majority. Mr. Shanklin's widow will continue to pursue claims that the railroad failed to sound a horn, or remove vegetation around the crossing. (AP, April 17, 2000)

$10 Million Verdict for Brain Damage After Hospital Turns Mother Away

Maria Lara arrived at Metropolitan Hospital in New York City for the birth of her fourth child. Staffers turned her away, claiming that she was not yet ready to deliver. She returned three times within three hours; on her fourth attempt to gain admission, staffers agreed to examine her again. While she was getting on to an examining table, she delivered Breverick. Delays in the delivery and the condition of the delivery itself resulted in severe brain damage to Breverick, including cerebral palsy. Now 10 years old, Breverick cannot feed, bathe, or dress himself and will need round-the-clock care for the rest of his life. A jury returned a verdict of $10 million. (AP, April 20, 2000)

Jury Duty Exemption Sought for Nursing Mothers

Legislators in several states are considering measures that would exempt mothers who are nursing small children from mandatory jury duty. California mother Angela Ponzini, called for jury duty while still nursing her 12-month-old, says "I was stressed for an entire month worrying about it. When you're raising a child and breast-feeding, it'ss not something someone else can do. People have asked me about pumping, but a lot of breast-feeding babies don't take to bottles." Ponzini's State Assemblyman, Ted Lempert, has introduced a measure to avoid her situation. Only Idaho, Iowa, and Oregon currently have such exemptions. (APBnews, April 18, 2000)

U.S. Supreme Court Opens Its Own Website

The U.S. Supreme Court has opened its own website, featuring the full text of decisions, the docket, and other useful information for lawyers and the general public. The Court plans to post decisions the same day they are issued. The URL is www.supremecourtus.gov.

Untreated Aneurysm Results in $9 Million Verdict

Gabriel Anderson, a 24-year-old parent of three, complained of headaches and sought medical treatment. His doctor failed to detect an aneurysm the size of a golf ball in his brain. With treatment, he might have survived, but the aneurysm burst, killing him. A Florida jury has returned a verdict for $9 million in his death. (AP, April 13, 2000)

$12 Million for Woman in Chronic Vegetative State

Monique Thompson was 29 years old when she sought breast implant surgery. During the procedure, she had a violent reaction to the anesthetic, but doctors and the nurse anesthetist observing her failed to monitor her properly. For 90 minutes, she experienced seizures which deprived her brain of oxygen. She is now in a chronic vegetative state. A jury issued a verdict for $12.3 million against the surgicenter and the nurse anesthetist, from which settlements by the plastic surgeon and cardiologist will be deducted. (April 4, 2000)

Tort Deforms Limit Liability for Violent Assault by Security Guards

Dan and Alice Rhyne were walking along a nature path behind a Kmart in North Carolina when they were attacked by two men in street clothes. The men demanded that the couple accompany them to the Kmart, and put Dan in a choke hold when they refused. When police arrived, the Rhynes learned that the men were security guards at Kmart. They sued, claiming unlawful detention, and received a jury verdict of $23 million, including compensatories and punitives. Under North Carolina law, however, the verdict will be reduced to $250,000. Their attorney plans to use the case to challenge the limit on punitive damages. (AP, March 23, 2000)

Insurer Forces Mother to Sue Daughter

Ruth Lamaster was watching her granddaughter when her daughter's dog attacked, breaking Lamaster's knee. The week-long hospitalization to treat the injuries cost $31,000, but Lamaster's daughter's insurer offered only $10,000 to settle the claim. Lamaster was put in the uncomfortable position of suing her own daughter to secure enough to cover her hospital bills. A jury, however, agreed with her that the insurer should pay for all of her injuries, and returned a verdict for $300,000. (Chicago Sun-Times, March 17,2000)

Ford Ordered to Pay $26 Million in California Roll Over Case

Richard Raimondi was driving on I-880 near Fremont, California, when he swerved to avoid debris on the road. His Bronco II truck struck the median, bounced off another car, and rolled over three times. As a result of the accident, Raimondi is now suffers from quadriplegia. He claimed that the truck's narrow wheel base and high center of gravity made it prone to rollovers. Ford made 700,000 such trucks between 1983 and 1990, and has settled 679 rollover cases. A jury returned a verdict for $52 million, but cut that by half for Raimondi's portion of responsibility. (AP, March 16, 2000)

Mancow Settles Dispute with Van Horne for $1.6 Million

Former Chicago Bears player Keith Van Horne was leaving his job at WLUP radio when he encountered fellow WLUP jockey Mancow Muller in the hallway. They argued briefly, then parted. Mancow then went on the air, accusing Van Horne of stalking, violent threats and other slurs, a pattern Muller repeated for several days. Van Horne sued, claiming defamation and negligent hire. The U.S. Supreme Court tossed the negligent hire claim, and on the day the defamation claim was to go to trial, Muller's lawyers offered a $1.6 million settlement. Neither Van Horne nor Muller work for WLUP today. (Chicago Sun-Times, March 16, 2000)

Florida Jury Issues $6 Million Verdict in Student Election Defamation Suit

Charles Grapski ran for student body president at the University of Florida in 1995. He was opposed by an organization called the Blue Key, an honor society whose members include several prominent elected officials. Members of the society posted fliers around campus accusing Grapski of child abuse, without any evidence to support the claim. Grapski sued, and has secured a $85,000 settlement from the Blue Key as well as an $80,000 verdict against one of the members who posted the fliers. His suit against Peter Vlcek, another member who posted the fliers, has now resulted in a verdict of $6 million, including $5 million in punitives. Vlcek did not appear to defend himself. (AP, March 14, 2000)

City of Chicago to Pay $502,100 for Improperly Marked Hole in Street

Lola Caruso, 26-years-old and pregnant, was driving along North Pulaski when she hit an unmarked hole left in the street by Chicago water crews. The hole was six feet long, three feet wide, and 18 inches deep, and had no signs, warning lights, barricades, or markings, and was full of water. Several residents reported notifying the city about the hole, but the city took no action. Caruso lost control of her car, which struck a telephone pole head-on, killing her. She was survived by two children. The City of Chicago has agreed to pay $502,100 to settle the claim. (Chicago Sun-Times, March 14, 2000)

Student Secures $1,500 Verdict in Unlawful Seizure Case

Rudy Donithan-Treat brought his 161 Pokemon cards to O'Hara Park Middle School in California to trade with friends at lunch. A school official objected to the cards and confiscated them. When Donithan-Treat went to retrieve his cards, he was told that the school had lost them. Knowing the value of his cards, Donithan-Treat filed a claim with the School Board, and when they rejected his claim, he filed suit in small claims court. The judge held that the school was responsible for the cards after taking them, and held the school liable for $1,500 in losses. (AP, March 1, 2000)

U.S. Supreme Court Arbitration Cases: Venue Decision, Right to Sue Hearing

The U.S. Supreme Court announced a ruling in one arbitration case as it agreed to hear another. In Cortez Byrd Chips v Bill Harbert Construction (98-1960), the Court ruled that the Federal Arbitration Act allows appeals of arbitration decisions to be filed in "any district proper under the general venue statute", and does not require that appeals be filed in the district where the arbitration took place. Two weeks later, the Court agreed to hear Green Tree Financial Corp-Alabama v Randolph (99-1235), a dispute arising out of a mandatory arbitration clause in a contract. Randolph purchased a mobile home, but was not told that the contract required the purchase of insurance against foreclosure. Randolph's initial lawsuit was dismissed because the contract required all disputes to be resolved by arbitration, but the 11th Circuit Court voided that section because it did not specify who was to pay for the arbitration. Because Randolph might be liable for significant arbitration costs, the Circuit Court ruled that the arbitration clause was not enforceable. The case will be heard during the Court's next term. (AP, March 21, 2000; AP, April 3, 2000)