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Archive for April, 2011

Monster Truck Driver Sued for Wrongful Death After Running Over Woman

Friday, April 29th, 2011

According to My FOX DFW, the family of a woman run over by a pickup truck in the parking lot of a strip club has filed a wrongful death lawsuit. Kasey McKenzie’s estate is suing the driver, Eric Crutchfield, and the Spearmint Rhino Gentleman’s Club in Dallas. On March 17, Crutchfield’s pickup turned monster truck ran over McKenzie in the parking lot, causing the police to arrest the driver of the Ford F250.

After initial blood tests were performed, Crutchfield was found to have twice the legal limit of alcohol in his system. At the scene, the driver told police McKenzie walked in front of his truck. Witnesses reported seeing Crutchfield put the truck in gear and start driving. He had continued to drive until bystanders stopped him, informing him that he had run over the girl.

McKenzie was a patron at the bar and was in the parking lot because she was on her way home. In Texas, bars and restaurants can be held liable for over-serving patrons who injure someone else in a drunken driving accident.

The pickup truck was jacked up so high that the driver was not able to see his victim. The incident occurred around 2:15 AM in the parking lot of the strip club. The driver was not speeding, but it appears that the truck was jacked up at least three-feet, seriously affecting visibility and safety of the vehicle. Crutchfield had been charged with intoxication manslaughter and has two previous arrests on controlled substance charges. His license was suspended at the time of the incident.

Jury Awards $1.5 Million in Personal Injury Case Against BCI Coca-Cola Bottling Company

Thursday, April 28th, 2011

According to the Daily Markets, a Pima County Superior Court has found that BCI Coca-Cola Bottling Company is responsible for personal injury a woman suffered after slipping and falling. The plaintiff identified as Metzler, a 26 year old kindergarten teacher stopped at a local Fry’s grocery store. While shopping, she slipped and fell on water which had leaked from a Coca Cola soft drink refrigerator.

Metzler sued the grocery store and Coca Cola for her injuries. According to reports, she suffered a herniated lumbo-sacral disk at L-5, S-1, which required both surgery and ongoing chiropractic treatment. Metzler argued she developed chronic pain which has resulted in loss of enjoyment of life and quality time with her family.

BCI Coca-Cola Bottling Company argued Fry’s was solely responsible for the woman’s injuries. However, service records revealed a history of leaking and problems with the refrigerator that the company failed to fix or repair.

Pima County Superior jury returned a verdict of $1.5 million. The defendant appealed the judgment, but the Court of Appeals upheld the jury’s decision. Metzler earlier received a settlement offer of $30,000. She refused to settle for the requested amount, instead choosing to go to a four-day jury trial. Luckily for Metzler, the jury agreed with negligence on behalf of the company and agreed that she should be compensated for injuries sustained as a result of an inadequately serviced refrigerator.

Former Student Sues School Over Wrestling-Related Injury

Wednesday, April 27th, 2011

According to Avvo, a former Washington state student has filed a personal injury lawsuit against the school district over a wrestling practice injury. The boy, along with his parents, claim the student suffered a knee injury three years ago.

Bruce and Susan Watkins filed a lawsuit against the Richland School District in Benton County Superior Court. Their son Talon was a member of the wrestling team when he allegedly twisted his knee during a scheduled wrestling practice. The lawsuit claims the team’s coach, Dan Price, was negligent for allowing the team to participate in activities other than wrestling during practice. The team was engaging in a piggyback game and horse playing when he Talon was injured by other students who landed on his knee.

The family claims Talon’s knee dislocation is chronic and permanent. Washington state does not allow punitive damages, the lawsuit requests compensation be determined by the court. The family lists medical expenses as $28,630 and claimed general damage as $500,000.

In a response filed with the court, the defendant denied allegations of negligence, saying that Talon assumed the risk of wrestling injuries A fellow student said that the accident had nothing to do with wrestling moves at the time of occurrence, but that the boys were playing a game as part of wrestling practice. The student said that no one was forced the play. Students who did not wish to play, did not have to.