Dallas Fort Worth Injury Lawyer Blog

January 25, 2009

U.S. Supreme Court Declines Colleyville, Texas Exorcism Case

The U.S. Supreme Court declined to hear the case of a former Colleyville woman who says that a forced traumatic exorcism left her so physically bruised and emotionally scarred that she later tried to commit suicide.

Attorneys for Laura Pearson filed an appeal before the court arguing that the Texas Supreme Court was wrong in tossing out her case against the Pleasant Glade Assembly of God in Colleyville.

In the appeal, Pearson’s attorneys argued that the Texas ruling “dramatically and dangerously departs” from the Supreme Court’s earlier decisions, and that someone’s religious beliefs do not excuse them from being held accountable under valid state laws that prohibit such things as assault and false imprisonment.

January 24, 2009

Supreme Court Rules For Worker Over Retaliation

by Dr. Shezad Malik

Workers who cooperate with their employers’ internal investigations of discrimination may not be fired in retaliation for implicating colleagues or superiors, according to a unanimous Supreme Court ruling.

The court voted to reverse the 6th U.S. Circuit Court of Appeals’ ruling that the anti-retaliation provision of Title VII of the 1964 Civil Rights Act does not apply to employees who merely cooperate with an internal probe rather than complain on their own or take part in a formal investigation.

January 23, 2009

Amusement Park Operators Settle Wrongful Death Suit

by Dr. Shezad Malik

The family of a Wisconsin teenager killed on a 2007 amusement park ride will be paid $1 million in the settlement of their lawsuit against the operators.

The girl aged 16, died July 14, 2007, in a fall from a giant swing ride at Lifest 2007 when her safety harness was improperly secured.

The parents, named Life Promotions and Air Glory Inc. in a wrongful-death suit and reached an agreement, according to their attorney.

January 22, 2009

Report: KBR Negligent in Soldier Electrocution

by Dr. Shezad Malik

An Army investigation called the electrocution death of a U.S. soldier in Iraq a “negligent homicide” caused by military contractor KBR Inc. and two of its supervisors.

Staff Sgt. Ryan Maseth, 24, of Pittsburgh, died as a result of negligent homicide because the contractor failed to ensure that “qualified electricians and plumbers” worked on the barracks where the soldier died.

January 21, 2009

FDA: Products Recalled in Peanut Salmonella Outbreak

by Dr. Shezad Malik

More than 125 products have been recalled in a salmonella-and-peanuts investigation that keeps getting bigger, according to federal health officials.

The list ranges from goodies like cookies and ice cream to energy bars. Even food for dogs may not be entirely safe, with a national company recalling some of its dog treats.

January 20, 2009

Employee Fired For Cooperating With FBI Awarded $873,000

by Dr. Shezad Malik

On Dec. 8, 2008, a jury awarded $873,000 to an insurance adjuster who claimed he was fired for cooperating with an FBI investigation.

In 2003, the FBI began investigating fraud allegations made against one of Fred Klecka’s co-workers. Klecka claimed that when his managers learned he was cooperating with the FBI, he was told he would be fired if he continued.

Klecka refused to obey his managers and within a few months began receiving poor job evaluations. He alleged he was wrongfully terminated in 2005 for refusing to obstruct the investigation.

January 19, 2009

FDA Confirms Salmonella in Peanut Butter Crackers

by Dr. Shezad Malik

The Food and Drug Administration said that salmonella was found in a package of peanut butter sandwich crackers made by Kellogg.

Kellogg said that a previously recalled peanut butter-sandwich cracker tested positive for salmonella.

The outbreak has led to 474 reported illnesses and may have caused six deaths, according to the Centers for Disease Control and Prevention.

January 18, 2009

Neurosurgeon Not Liable for Failed Back Surgery

by Dr. Shezad Malik

On Dec. 12, 2008, a jury sided with a neurosurgeon accused of failing to perform the appropriate procedure on a patient with spinal injuries.

In May 2004, Dr. Walter Loyola performed a two-level fusion on Melinda Lynch’s neck. She had a second fusion in late July, but her problems persisted. She ultimately underwent a 360-degree fusion performed by another doctor three months later.

Lynch sued Loyola for malpractice, alleging the two-level fusions failed and that she wouldn’t have needed the third surgery if Loyola had initially performed a 360-degree fusion instead.

January 17, 2009

Dallas Mother, Children in Rear-Ender Car Accident Awarded $49,098 verdict

by Dr. Shezad Malik

On Dec. 4, 2008, a jury awarded $49,098 to a mother and two children injured in a rear-end collision in Dallas.

In 2004, Silvia Dominguez and her children Teresita and Erick Hernandez were passengers in a vehicle struck from behind by a van driven by Raul Romero and owned by Champ Transportation Services.

Dominguez sustained back injuries and underwent chiropractic treatment, a diskogram and disk resection at L4-5. However, she claimed her pain still persists and she may need a lumbar fusion in the future.

January 16, 2009

Motorcycle Crash Not Caused By Dogs

by Dr. Shezad Malik

On Nov. 25, 2008, a jury determined that dogs were not to blame for an accident that injured a motorcyclist.

In 2002, Ronald Ashley was riding his motorcycle in Midlothian when he claimed two dogs ran into his path and caused him to fall. He sustained five fractured ribs and a collapsed lung in the incident.

Seeking $50,000 in damages, Ashley sued the dogs’ owners, Cathy and C.L. Smith, alleging they violated the city’s leash law.