Chattanooga Personal Injury Lawyer - Workplace Injuries

Nicaraguan Farmworkers Receive Reward from Dole

Jenny Albano — Thu, 08 Nov 2007 23:58:58 GMT

Dole Foods has just been told, by a Los Angeles jury, that they are being held liable for civil punishment for not informing Nicaraguan plantation workers of potential health dangers from a pesticide.

The decision clears the way for punitive damages in addition to the $3.2 million that jurors awarded the workers earlier this week to compensate them for their injuries. The workers alleged they had been rendered sterile by the pesticide DBCP -- now banned in the United States -- which was used on Dole plantations

The six plantation workers involved in the suit also received a total of $754,000form the maker of the pesticide, Dow Chemical. The workers are to return to court on November 14 to begin the hearing for the punitive damages against Dole Foods. The jurors have already labeled the pesticide as a defective product, which may make the punitive damages higher.

So far, courts in Nicaragua have levied over $600 million in damages against Dole and other companies using the pesticide. This verdict has been the first were foreign farmworkers have won in a U.S. court against Dole Foods and Dow Chemical about the DBCP harm. Right now there are four more lawsuits pending in L.A. about health damage due to DBCP. Thousands of workers from Costa Rica, Honduras, Guatemala, and Panama are involved in the suits.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Jenny Albano

Injured on the Job - What to do to Protect your rights in Tennessee

John Rice — Thu, 22 Feb 2007 12:14:59 GMT

1. If physically capable make sure notice/notice in writing is given to your employer. If you are a sub-contractor notice to the general contractor.

2. Make sure that you are given a panel of 3 doctors to choose from.

3. Make sure all required notices are published by the employer or general contractor to the Tennessee Department of Labor.

4. Make sure you acquire your temporary total benefits or 66 2/3 of your regular salary for the past 52 weeks.

5. Do not give a statement to the insurance carrier.

6. Get an attorney involved early to protect documentation and your rights.

Originally posted at InjuryBoard by John Rice

Wrongful Death Case

John Rice — Fri, 02 Feb 2007 13:09:58 GMT

John Rice, personal injury attorney in Chattanooga, Tennessee wants you to be aware of some of the pitfalls in court.

The Estate of Billy Wayne Jones, deceased v. Andrew Stewart, et al

This is a wrongful death case. On appeal, Ms. Theresa Diane Jones (Ms. Jones) and Ms. Johnnie Mae Hall (Ms. Hall) contend that two erroneous admissions of evidence unfairly influenced the jury's award of damages for the wrongful death of Mr. Billy Wayne Jones (Mr. Jones). The jury found that Mr. Jones suffered damages in the amount of $100,000 but also found that he was 49% at fault. The jury's verdict resulted in a net recovery of $51,000.

Ms. Jones and Ms. Hall request a new trial of the action they instituted against Fullen Dock & Warehouse, Inc. (Fullen Dock), whose employee ran over Mr. Jones with a bulldozer, resulting in his death. Specifically, Ms. Jones and Ms. Hall argue that the trial judge abused her discretion in admitting evidence of Mr. Jones's prior medical history during the cross-examination of their own medical expert and of Mr. Jones's prior guilty plea and conviction for cocaine possession six years prior to his death. Finding no abuse of discretion. Affirmed

Originally posted at InjuryBoard by John Rice

Workers' Compensation Perjury gets Man Jail Time

Christina Cole — Fri, 22 Dec 2006 03:08:17 GMT

A judge has sentenced Lamoine Lobsterman Wednesday, to seven months in jail for lying under oath about the work he was paid for while collecting workers' compensation benefits.

The judge said the sentence must serve as a deterrent to others who might be tempted to do the same thing. William Fennelly, 48, plead guilty earlier this month in Penobscot County Superior Court to two counts of felony perjury. He faces up to fiver years in prison and fine up $5000.

The court considers this a serious a home. In addition to punishing the defendant, the judge told Fennelly state law requires that a sentence serves as a deterrent to others who might be considering the same crime.

"I want to give fair warning to others," Jabar said. "I can't give him a slap on the wrist and send him on his way. That would only encourage others to go before the Workers' Compensation Board and lie."
Assistant Attorney General Leanne Robbin, who prosecuted the case, urged the judge to sentence Fennelly to nine months in jail. Defense attorney Richard Hartley of Bangor asked that his client serve 60 days in jail.
Fennelly apologized to the court and Maine Employers' Mutual Insurance Co. after the sentencing. He said that he sought out extra work at the urging of his probation officer to help him deal with post-traumatic stress disorder. Fennelly was on probation for assault when he received workers' compensation benefits. He is to begin serving his sentence Jan. 5.

Originally posted at InjuryBoard by Christina Cole