Failure Of San Diego, CA School To Recognize Concussion Symptoms In High School Football Player Results In $7.1 Million Settlement.

Posted on June 14, 2018 by gil hoy

With the rise in medical knowledge concerning the dangers of concussions, it seems likely that negligence suits regarding football related injuries will be on the rise. Particularly in lower level sports, coaches and medical staff owe a particular duty of care to their players who have suffered concussions, which includes being vigilant in identifying when a concussion has taken place. Because a failure to do so can result in severe complications that may accompany someone for the rest of their lives, potential damages in such suits may be significant. In such situations, it is wise to promptly call an expert personal injury attorney at 617-787-3700.

Such negligence and resulting complications are exemplified by Rashaun Council, who finished a high school football game despite exhibiting concussion like symptoms throughout the game. At the contest’s conclusion, Council was throwing up in the locker room, yet his coaches still failed to give him proper medical treatment. As a result, he had to be placed in a medically induced coma. Although he will soon be graduating from high school, the complications resulting from his lack of treatment are such that it is likely he will never be able to drive, live alone, or pursue a desired career.

The proceedings of the suit filed against the San Diego County school district revealed that none of the coaches completed a state-mandated concussion protocol for their players, according to attorney Brian Gonzalez, who litigated the case on behalf of Council. Gonzalez hopes that the $7.1 million settlement secured on behalf of his client will serve as a reminder to those who value athletics over the care of the players.

If you or a loved one has suffered an injury due to the negligence of another, you may be entitled to significant monetary damages. To discuss your potential negligence claim, act now and contact one of our expert personal injury attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates. Contact us today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

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Southwest Passenger’s Lawsuit Alleges She Suffered Emotional Damage After A Flight Is Forced To Make An Emergency Landing.

Posted on June 14, 2018 by gil hoy

While the results of traumatic experiences most obviously manifest themselves when accompanied by physical harm, such as a broken bone or severe cut, mental trauma can exist below the surface and often be just as debilitating, even when there is no so-called physical injury. If you or a loved one has experienced severe emotional distress because of the negligence of another, you may be entitled to monetary relief. Act now and contact one of our expert personal injury attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates. Call us today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

A Southwest airplane was forced to make an emergency landing after an engine failure. Although the plane was safely landed by the pilot, the engine explosion sent debris flying through the cabin. When it struck a window, one passenger was partially sucked out of the plane and tragically killed. Lilia Chavez, who has filed the lawsuit, claims that she experienced severe emotional trauma not only due to her belief that she was going to die, but also from watching a fellow passenger actually die. Southwest, GE Aviations, and the jet engine suppliers have all been named as parties in the lawsuit.

Chavez claims that the incident has left her with emotional and mental complications, including depression and anxiety. She seeks to recover damages for mental, physical, and emotional suffering, as well as financial damages for loss of wages and future medical expenses, according to her attorney Bradley J. Stoll of Philadelphia, Pennsylvania. The April 17 incident is being looked into and investigators hope to have a cause of the engine failure soon.

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A Maryland Federal Judge Has Ruled That Electronically Sending Someone A GIF Can Constitute Battery.

Posted on June 14, 2018 by gil hoy

While traditional notions of battery suggest that direct, person to person physical contact is involved, technology has complicated the picture to the point that sending messages that trigger certain conditions may have to be considered in the same vein. Confining the definition of battery to a hand to hand assault would arguably reflect a failure of the law’s ability to adapt to the times and to the reality that technology brings with it certain dangers that the law did not have to deal with in the past.

A civil suit instigated by journalist Kurt Eichenwald, brought by the Washington, D.C. law firm of Rothwell Figg, claims that a twitter user sent him a flashing GIF, with the message: “You deserve a seizure for your posts” accompanying it. Eichenwald, whose epilepsy is public and well-documented, proceeded to suffer a seizure after seeing the message. Eichenwald has been vocal in his criticism of President Donald Trump in his postings, and the flashing GIF was sent in retaliation to these criticisms by John Rivello.

Rivello’s attorneys attempted to argue that there could be no battery claim, as there was no physical contact between Rivello and Eichenwald. U.S. District Judge James Bredar, however, ruled differently, concluding that the definition of physical contact cannot be so constrained. The fact that the light waves from the screen entered his retina and caused the seizure is enough, according to Bredar. Bredar pointed to precedent where second hand smoke or a loud noise can constitute battery, finding them sufficiently analogous to allow this suit to move forward. As the events of this case unfold, it will be interesting to see how other traditional categories of tort law may be affected by judges willing to expand definitions beyond their traditional meanings.

If you or a loved one has been injured as the result of a battery, you may be entitled to significant monetary relief. To discuss your potential battery suit, act now and contact one of our expert personal injury attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates. Call us today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

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