Quantcast
Channel: Personal Injury News
Viewing all 207 articles
Browse latest View live

Target Recalls Circo Girls' Fleece Pajamas

$
0
0
The U.S. Consumer Product Safety Commission, in cooperation with Target Corp., of Minneapolis, Minn. has announced a voluntary recall of Girls' Circo Fleece Blanket Sleepers. 42,000 of these fleece sleeping "onesies" were sold at Target and Target.com nationwide from August 2012 to October 2012 for about $13.

The recall has been undertaken because the pajamas fail to meet the federal flammability standards for children's sleepwear, posing a risk of burn injuries to children. No injuries have been reported.

The recalled one-piece feet pajamas are fleece and were sold in sizes 12 months, 18 months, 2T, 3T, 4T, XS, S, M, L and XL. They come in three prints: purple owl, pink leopard, and blue doodle. There are several tags sewn into the neckline. "Circo Sleepwear" is printed on the top tag. "Target" and an identification number appear on a third tag. The below identification numbers are included:

Purple Owl

075084972, 075084973, 075084974, 075084975, 075084976

243271104, 243271105, 243271062, 243271063, 243271064

Pink Leopard

075085338, 075085339, 075085340, 075085341, 075085342

243271052, 243271065, 243271066, 243271067, 243271068

Blue Doodle

075085388, 075085389, 075085390, 075085391, 075085392

243271047, 243271048, 243271049, 243271050, 243271053

Consumers should immediately stop using the pajamas and return them to any Target store to receive a full refund.

Consumers can also contact Target at (800) 440-0680 from 7 a.m. to 6 p.m. CT Monday through Friday, or online at www.target.com and click on the Product Recalls at the bottom of the page and then Children's and Baby Products.


Michigan Retail Store Recalls Ground Beef Products Due to Possible Salmonella Contamination

$
0
0
Jouni Meats, Inc., a Sterling Heights, Mich. retail store, is recalling approximately 500 pounds of ground beef products that may be contaminated with a strain of Salmonella Typhimurium. the recall was announced by the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS).

Various size packages of ground beef are subject to the recall. These products were produced between Dec. 4, 2012, and Dec. 9, 2012, and distributed to a restaurant in Macomb County, Mich., and sold directly to consumers at Jouni Meats, Inc. These products were sold without a label.

FSIS and the company are concerned that some product may be frozen and in consumers' freezers.

This recall has been initiated because of concerns involving a cluster of Salmonella Typhimurium illnesses that may be associated with consumption of raw ground beef from a restaurant in Macomb County, Mich.

Working in conjunction with the Michigan Department of Community Health, Michigan Department of Agriculture and Rural Development, Arizona Department of Health Services, and the U.S. Centers for Disease Control and Prevention (CDC), FSIS determined that there is a link between the ground beef products from Jouni Meats, Inc. and this illness cluster.

Based on epidemiologic and traceback investigations, 7 case-patients with the same outbreak strain have been identified in Ariz. and Mich. with illness onset dates ranging from December 9, 2012, to December 13, 2012. The 7 case-patients consumed raw beef kibbeh on December 7, 2012, and December 8, 2012. It is not known at this time if this outbreak strain has any drug resistance; results are pending.

FSIS is continuing to work with public health partners and CDC on this investigation. FSIS will continue to provide information as it becomes available.

FSIS routinely conducts recall effectiveness checks (including at restaurants) to ensure that steps are taken to make certain that the product is no longer available to consumers.

Consumption of food contaminated with Salmonella can cause Salmonella, one of the most common bacterial foodborne illnesses. Salmonella infections can be life-threatening, especially to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or those undergoing chemotherapy. The most common manifestations of salmonellosis are diarrhea, abdominal cramps, and fever within 12 to 72 hours. Additional symptoms may be chills, headache, nausea and vomiting that can last up to seven days. Individuals concerned about an illness should contact a health care provider.

FSIS advises all consumers to safely prepare their raw meat products, including fresh and frozen, and only consume ground beef that has been cooked to a temperature of 160° F. The only way to confirm that ground beef is cooked to a temperature high enough to kill harmful bacteria is to use a food thermometer that measures internal temperature.

Consumers and media with questions regarding the recall should contact the company's owner, Khalil Jouni, at (586) 274-0760.

Consumers with food safety questions can "Ask Karen," the FSIS virtual representative available 24 hours a day at AskKaren.gov or via smartphone at m.askkaren.gov. "Ask Karen" live chat services are available Monday through Friday from 10 a.m. to 4 p.m. ET.

The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from l0 a.m. to 4 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day. The online Electronic Consumer Complaint Monitoring System can be accessed 24 hours a day at: www.ccmsweb13.fsis.usda.gov/.

Minnesota High Court Finds Online Posts Weren’t Defamatory

$
0
0

After a four-year legal battle, the Minnesota Supreme Court has ruled that retired physician Dr. David McKee has  had no legal claim against internet poster Dennis Laurion because there was no proof that Laurion’s comments were false or were capable of harming the doctor's reputation.

The ruling was made in a defamation lawsuit McKee filed after Laurion made negative comments about McKee’s medical care on a physician rating website. Laurion’s father experienced a hemorrhagic stroke and was cared for by McKee at St. Luke's Hospital in Duluth. Laurion, his mother and his wife were all in the room when McKee examined the father and made the statements that Laurion interpreted as rude.

After his father was discharged, Laurion wrote reviews on at least two websites saying McKee told the family that "44 percent of hemorrhagic strokes die within 30 days. I guess this is the better option," and that "It doesn't matter that the patient's gown did not cover his backside." Laurion also wrote that he had expressed concern about McKee’s comments to a nurse saying, "When I mentioned Dr. McKee's name to a friend who is a nurse, she said, 'Dr. McKee is a real tool!'" 

McKee filed a defamation lawsuit that was dismissed by a St. Louis County judge who found that Laurion's statements were either protected opinion, substantially true or too vague to convey a defamatory meaning. The Appeals Court reversed that ruling regarding six of Laurion's statements, reasoning that they were factual assertions and not opinions, that they harmed McKee's reputation and that they could be proven as false. But the Supreme Court disagreed. Writing the opinion, Justice Alan Page noted that McKee acknowledged that the gist of some of the statements were true, even if they were misinterpreted.

Family Files Wrongful Death Lawsuit over Gardener’s Drowning Death

$
0
0

On the morning of March 29, 2012, self-employed gardener Jean Marie Arbelbide went to work spraying weed killer at a parking lot for San Francisco International Airport. When he didn't come home at the end of the day, his family reported him missing to the police.

The family also went looking themselves and found his car, still at the parking lot. Shortly afterwards, they made a grueling discovery.  63-year-old Jean Marie Arbelbide had fallen through rotten plywood into a water-filled pit 9-feet below the ground and died. When found, Arbelbide was weighed down by 30 to 40 pounds worth of spraying equipment still attached to his back.

A coroner’s report ruled his death as a drowning.

The family has now filed a lawsuit in San Mateo County Superior Court against South San Francisco, which owns the property, and the people who run the parking lot. The family claims the defendants didn't warn about or protect the public from the danger of that plank covered hole. The family’s attorney Thomas Lewellyn, says the pit is a leftover bit of infrastructure from when the area was used as a ship dock.

InsideBayAra.com reports him as saying, I'm sure it was a very frightening way to go."

South San Francisco City Attorney Steve Mattas has already commented on the lawsuit. He says that although Arbelbide's death was a terrible accident, the city isn’t responsible. Rather, says Mattas, under the terms of its lease, the tenants of the lot are liable for its maintenance.

According to the lawsuit, Robert E. Simms is the named leaseholder.

Catholic Hospital Changes View of Fetus in Wrongful Death Lawsuit

$
0
0

St. Thomas More Hospital in Canon City, Colorado, has been named in a wrongful death lawsuit, after 31-year-old Lori Stodghill died there in 2006 of cardiac arrest. Husband Jeremy Stodghill claims the hospital is liable for her death.

According to records in the case, Stodghill, who was 28 weeks pregnant with twins, went to the hospital's emergency room vomiting and short of breath. She went into cardiac arrest while in the lobby and died. The Stodghills' twins were deceased when they were removed from their mother's lifeless body.

Jeremy Stodghill sued the hospital and its owner, Catholic Health Initiatives, for the wrongful deaths of all three.

Nearly two years into the litigation defense attorneys for the catholic hospital and doctors made the surprising argument that they were not responsible for the twins death because under Colorado’s Wrongful Death Act, an embryo is not a person until it is born alive. The argument is surprising, becuase according to the Catholic Church, life begins at conception. Nonetheless, the court agreed with the argument and Stodghill lost the lawsuit. He also lost in the case of his wife for other legal reasons.

Stodghill appealed, after which the hospital and doctors sued him for over $118,000 legal fees and attempted to garnish his wages. According to a legal document, the defendants offered to forget the fees if Stodghill dropped his appeal. He refused and filed for bankruptcy to avoid having to pay the claim, which the widower says he can't afford as he has been left alone to raise the couple's now-9-year-old daughter.

Stodghill is asking the Colorado Supreme Court to hear his case, and CNN is reporting that the defendants' attorneys say they will not cite the Wrongful Death Act in future court proceedings. The hospital has reportedly changed its stance on that argument, saying it was  “morally wrong,”

 

Long Island Power Authority Sued for Negligence in Hurricane Sandy Fire

$
0
0

Seventeen families are suing the Long Island Power Authority, claiming it was negligent in failing to shut off power in their Breezy Point, Queens neighborhood during Hurricane Sandy. Each of the claimants' homes were destroyed in a fire during the storm. thus far, notices of claim have been filed on behalf of the families.

According tot he notices, the storm surge on Oct. 29 caused flooding, which in turn reached electrical systems, setting off short circuits and fires. The claimants argue that other utlities, including Con Edison, shut off power to areas expected to flood, but the state-operaged LIPA did not.

James Long, a spokesman for the New York Fire Department, confirmed that the power had been on in Breezy Point when the fire started.  He explained, "It's not just that it was left on. It was the rising water interacting with the electricity that caused the fire."

Each claimant is requesting at least $1 million in damages. The homes range in value from $500,000 to $900,000, not including their contents, and are a mix of primary residences and vacation homes.

The lawfirm Sullivan, Papin, Block, MdGrath & Cannavo, which filed the notices, say that more than 120 homes were razed in the fire, and they expect to file several dozen more notices on behalf of Sandy victims in Belle Harbor and elsewhere on the Rockaway Peninsula.

 

Humphrey’s Market, Inc. of Illinois Recalls Poultry Products

$
0
0

Humphrey’s Market, Inc., a Springfield, Ill. grocery store, is recalling approximately 2,764 pounds of frozen, ready-to-eat (RTE) and raw poultry products because they were produced without the benefit of inspection.

The products were also misbranded after being repackaged and may contain soy, wheat and milk, known allergens not declared on the label. FSIS has received no reports of illness due to consumption of these products. However anyone concerned about an illness should contact a health care provider.

The following RTE products are subject to recall: :

  • Cryovac packages of “Mesquite Chicken Breast” containing 4-oz. portions
  • Cryovac packages of “Italian Chicken Breast” containing 3.5-oz. portions
  • Cryovac packages of “Grilled Chicken Breast” containing 4-oz. portions
  • Cryovac packages of “Italian Tomato Basil Chicken Breast” containing 4-oz. portions
  • Cryovac packages of “BBQ Glazed Chicken Breast” containing 3.1-oz. portions

The following raw products are subject to recall:
  • Cryovac packages of “Lemon Pepper Chicken Breast” containing 5-oz. portions
  • Cryovac packages of “Bacon-wrapped Turkey Breast Filet” containing 5-oz. portions

The products subject to recall were repackaged on various dates through January 7, 2013, then shipped into commerce, without the required ingredient statement and other labeling features on the immediate product container. The repackaged products were sent to a distributor for direct home delivery in Kansas, Missouri and Nebraska.

The problem was discovered during a routine food safety assessment (FSA) at the plant by FSIS. Agency enforcement personnel determined that the products were produced without the benefit of inspection, proper record-keeping, and adherence to food safety and sanitation plans approved by FSIS and without correct labeling.


Whole Foods Recalls Wild Alaskan Salmon; Listeria Concerns

$
0
0

Whole Foods Market and the Consumer Product Savety Division have recalled one lot code of 4-oz packages of Whole Catch Wild Alaskan Sockeye Salmon (cold smoked and sliced) over concerns the product may contain Listeria Monocytogenes, which can cause a sometimes fatal infection in young children, frail or elderly people, and others with weakened immune systems.

The recalled Alaskan salmon was sold in stores in Colorado, Connecticut, Florida, Idaho, Kansas, Maine, Massachusetts, New Jersey, New Mexico, New York, Rhode Island, and Utah. Signage should be posted in Whole Foods Market stores to notify customers of this recall.

The recall was announced after a sample of the product tested positive for listeria, according to the U.S. Food and Drug Administration. In healthy individuals, Listeria can cause short term symptoms, including high fever, severe headaches, nausea, abdominal pain and diarrhea. Listeria infections can also cause miscarriages and stillbirths among pregnant women.

The salmon was sold in a flat, black-and-gold, vacuum-sealed package. The lot code (7425A2298B) is printed on the back of the package, on the upper left side. The UPC code is 0 99482 40880 0.

No illnesses have been reported in relation to this recall.

If you have a package of the recalled whole catch wild Alaskan sockeye salmon you should throw it away and wash your hands immediately to avoid cross-contamination. The Whole Foods locations that sold the recalled salmon will be giving full refunds. If you have questions call 512-542-0060, 8 a.m. to 5 p.m. (CT) Monday through Friday.


Defense Wins in DJ Defamation Lawsuit

$
0
0

After a two-week trial and nearly two years of litigation, "Bubba the Love Sponge" Clem has prevailed after being sued for defamation by rival radio celebrity Todd "MJ Kelli" Schnitt.

Schnitt claimed that he and his wife were defamed when Clem called Schnitt's wife a whore, said that Schnitt rigged the ratings for his show, and that Schnitt took bribes. The husband and wief contented they had been badgered by an on-air bully; Clem said he was simply exercising his First Amendment right to entertein his radio show listeners.

The jury ultimately agreed with Clem, deciding that the Schnitts had not been defamed and were not entitled to damages.

Following hte verdict, Schnitt tweeted: "I feel good that we took the high road and will always be comfortable with the fact that we did the right thing. My wife & I were protecting our reputations & also standing up for so many others who have been defamed, but didn't have the means to fight."

The trial itself was infused with drama when one of Schnitt's attorneys was arrested for DUI in the midst of the proceedings and subsequently claimed he had been set up by Clem's counsel.

Apparently the attorney ended up drinking one night with a paralegal for Clem's attorneys without realizing it. He left the restaurant with her, driving her car, but was soon stopped by police who were apparently tipped off by the woman. The attorney was arrested and jailed, leaving his briefcase containing his client's trial papers in the car with the paralegal.

Schnitt's lawyers moved for a mistrial on the basis of this incident. The judge declined to rule on that motion while the trial was in progress.

Court Dismisses Wrongful Death Lawsuit against the University of Alabama

$
0
0

Mobile County Circuit Court Judge Robert H. Smith has granted a motion to dismiss a wrongful death lawsuit in the death of a college freshman who was on the University of Alabama campus for an orientation session. The former Wetumpka High School student was killed at USA in October 2012. His death was captured by surveillance video.

According to Mobile County Sheriff Sam Cochran, subsequent investigations suggested that Collar, then 17, had allegedly ingestested some type of mind-altering substance while attending Mobile’s annual BayFest celebration. The officer said the boy returned to the USA campus, took off his clothing and "assaulted two people in two vehicles."

The boy then appeared at the campus police station unarmed and undressed. The video shows his naked body was drenched in sweat as he pounded on the window trying to gain entrance. USA Police Officer Trevis Austin came outside to address the situation. Austin was armed with pepper spray, a baton and a sidearm, but not a taser. Austin claimed Collar charged him after repeatedly banging on the station's doors. Austin drew his 9mm on Collar and eventually fatally shot the USA freshman.

The video allegedly shows Collar and Austin in a confrontation, but does not show the shot that killed Collar. The video also does not contain audio. The family is still waiting on toxicology reports, hoping to identify the substance in Collar's system.

Judge Smith granted a motion allowing the dismissal of the lawsuit filed by the school's attorney David Strassburg. Strassburg noted that the school couldn't be sued because the state has what is called sovereign immunity. He further argued that the same rules applies to USA Police Chief Zeke Aull and Officer Austin, both of whom are also named in the suit. Judge Smith denied the motion for dismissal against those two defendants.

Appeals Court Grants New Trial to Former Abita Springs Police Officer

$
0
0

In 2011, former Abita Springs police officer Panagiotis"Takis" Kondylis filed a lawsuit against the St. Tammany Parish Sherriff’s Office claiming he received a spinal injury when he fell off of a bunk at the parish jail in 2010 after a guard ordered him to clean a light fixture.

In his lawsuit, Kondylis lawsuit claimed Deputy Carl Perilloux told him to remove some paper that was stuck to the light on the ceiling of his dorm. Kondylis climbed onto a bunk and attempted to remove the paper when he fell off, "severely injuring himself.” St. Tammany Parish Sheriff Jack Strain was also named in the lawsuit.

Kondylis, 45, was sentenced to 35 years in prison earlier this month for cocaine distribution. At the time of his alleged injury, he was being held in the St. Tammany Parish Jail on several drug charges.

District Court Judge Martin Coady dismissed the lawsuit, agreeing with the defendants, who argued that  Kondylis did not follow the Corrections Administrative Remedy Procedure, which required him to file a grievance within 90 days of the incident. Coady further ruled that the Sheriff's Office was exempt from the law that requires"state bodies and not local political subdivisions" to publish individual remedy procedures with the State Register.

But the First Circuit Court of Appeal this week reversed the dismissal and sent the case back to the trial court. The appeals court further ordered the defendants to pay $1,005.10 in court costs.

Judge Dismisses "Fun Center" Defamation Lawsuit

$
0
0

A Tallahassee, Fla., trial court has thrown out a defamation lawsuit viled by "Ollie Wallie's Fun Center" against WCTV in Tallahassee. "Ollie Wallie's" is a dba of C&D MacConnell's, which filed the lawsuit. WCTV is a Gray Television station.

The lawsuit arose from the station's reporting about an alleged assault at the amusement center. The assault was reported to the Tallahassee Police Department in June, 2011, by a parent who claimed a "Wallie's" employee had inappropriately touched her two-year-old daughter. WCTV immediately began reporting on the police investigation.

Ollie Wallie's complained that WCTV's coverage portrayed management as "derelict" and "uncooperative in the investigation" and that the business was "unsafe." Ollie Wallie's complained that it had gone out of business as a result of the reporting.

In moving to dismiss, he defendants argued that Ollie Wallie's did'nt comply with Florida's pre-suit notice statute. This statute requires defamation plaintiffs targeting a media defendant to provide written notice that identifies the specific article or broadcast and the precise statements therein which he or she alleges to be false and defamatory.

At the hearing on the motion to dismiss, Ollie Wallie's argued that it had complied with the statute but merely failed to include the allegation in its complaint. The court issued an order dismissing the case but permitted the plaintiff to amend.

Ollie Wallie's then filed a new complaint, but the court again dismissed the suit. Additionally, the  court's second ruling did not permit Ollie Wallie's to file an amended complaint.

Flours and Grain Blends Recalled over Possible Wire Fragments

$
0
0
Dakota Specialty Milling has initiated a voluntary recall of a limited number of its specialty flours and grain blends.

The company supplies ingredients to leading brands of variety breads, cereals, crackers, granola, and nutrition bars and does not directly supply consumer products. The North Dakota-based family company is one of the largest suppliers of custom-milled and whole grain blends in North America.

Dakota's products include signature blends created from raw ingredients including Healthy Multigrain, Old-Fashioned Wheat, Eight-Grain and several others. The company also offers organics, specialty batters, toasting and custom blends devised to meet specific customer needs.

This recall, made in cooperation with the Food and Drug Administration, is based on the possible presence of fragments of thin metal wire. The fragments would have come from a defective screen on one of its manufacturing lines at a milling facility. This recall was initiated as a precaution to ensure consumer product safety.

No injuries associated with the recalled products have been reported to date. All affected customers have been notified with recall instructions.

Ryan O'Neal Wins Ruling in Defamation Lawsuit

$
0
0

The Hollywood Reporter has been following the defamation lawsuit filed by actor Ryan O'Neal against film and television producer Craig Nevius.  The lawsuit surrounds disposition of an Andy Warhol portrait owned by actress Farah Fawcett.

In a nutshell, O'Neil says the painting is his; the University of Texas says it belongs to them; and Nevius helped the university with its case. That contribution earned him top billing in O’Neal's $1 million defamation lawsuit. O’Neal allelges that Nevius's statements in Star magazine and on Good Morning America defamed him. 

Nevius fought back, filing a motion under California’s anti-SLAPP statute, which allows for certain lawsuits concerning public speech to be dismissed at an early stage. According to his motion,  “Nevius never stated to any reporter that O’Neal had ‘stolen’ or ‘concealed’ the Warhol portrait and never said that there was any ‘police’ investigation of O’Neal.” Nevius further claimed he didn't tell  the university or the investigators that O’Neal had “stolen” anything.But during the litigation, an e-mail surfaced proving that nevious did tell a university vice chancellor that O'Neal's ownerhip of the Warhol was a "fraud" and a "theft."

Trial court  Judge Linda Lefkowitz, who on Thursday denied the motion to dismiss and ruled that O'Neal likely has met the extremely high burden for showing that he has been defamed.  Her denial has now been affirmed by the second appellate district.

Maxiloss Weight Advanced Softgels Recalled

$
0
0
Olaax Corp has announced a voluntary nationwide recall of the company's dietary supplement sold under the brand name MAXILOSS WEIGHT ADVANCED softgels. The company initiated the recall after being notified by the US FDA found the supplement contained undeclared Sibutramine.

Sibutramine is a previously approved controlled substance for the treatment of obesity. It was removed from the U.S. market in October 2010 for safety reasons. Sibutramine is known to substantially increase blood pressure and/or pulse rate in some patients and may present a significant risk to patients with a history of coronary artery disease, congestive heart failure, arrhythmias or stroke.

The active drug ingredient Sibutramine is not listed on the label for these products.

The recall includes ALL authentic Lot numbers and known to be counterfeit lot numbers of authentic lots. Any packaging types that are different from listed are counterfeit. Any lot numbers not listed are counterfeit and are also part of the recall.

No illnesses or injuries have been reported to the company to date in connection with this product.

MAXILOSS WEIGHT ADVANCED Dietary Supplement is marketed as a Natural Herb for Weight Loss. MAXILOSS WEIGHT ADVANCED Dietary Supplement softgels are packaged in a green or blue box containing 3 X 12 blister packs per box and bears "Batch Number: 001". The product was sold to distributors nationwide and known to be counterfeit versions are sold on various online sites. This product was distributed nationwide in US from January 2011 to November 2012.

Consumers with questions regarding this recall can contact Olaax Corporation at 1-863-648-9581, Monday through Friday, 9:00 am to 5:30 pm, EST. Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to taking this drug product.

Any adverse reactions or quality problems experienced with the use of these products may also be reported to the FDA's Med Watch Adverse Event Reporting program either online, by regular mail or by fax.


Missouri City Council Member Files Defamation Lawsuit

$
0
0

Ken Moss, a city councilman in Arnold, Missouri, has filed a defamation lawsuit naming four city officials and a private investigator in Jefferson Country Missouri. Moss claims the defendants orchestrated a "sham investigation" against him.

Named in the lawsuit are Arnold Mayor Ron Counts; City Attorney Robert Sweeney; Robert Shockey, city administrator and police chief; Susie Boone, the parks director who filed a harassment claim against Moss last year; and Kevin Garrison, whom the city hired to investigate Boone’s claims but later refused to pay for his work.

Moss had filed to run for mayor of the city, but withdrew Jan. 15, four days after city administrator Shockey filed a complaint against him with the Missouri Commission on Human Rights. In that complaint, Shockey alleged he was the victim of ridicule and had been accused of lying and targeting council members.

Boone also filed a complaint against Moss with the Human Rights Comission. Her complaint was based on Moss's alleged actions and motives in firing her sister. In her complaint, Boone says Moss “repeatedly accusing her [the sister] of wrongdoing, incompetence and undercutting her authority” by making false statements about her and targeting her because she is a woman.

In his defamation suit, Moss claims Boone and Shockey both defamed him by the accusations in their complaints, and in false statements Counts and Sweeney made to a weekly newspaper. He also alleges that Garrison “falsely stated that Moss harassed Boone and/or that Boone’s claim had merit.”

 

See’s Candies, Inc. Issues Allergy Alert for Easter Candy Product

$
0
0

Here's an important heads up for fans of See's Candies!

See’s Candies, Inc. of San Francisco, Calif., is recalling one code of 1.7 ounce Divinity Easter Egg with Walnuts. The voluntary recall was issued because some boxes labeled Divinity with Walnuts may actually contain Peanut Butter Eggs.

The product is sold individually in boxes labeled See’s Candies Divinity With Walnuts, 1.7 oz. The only code affected by this recall is L.A.D. 102/13, and is visible on the inside back of the box, through the cellophane window.

People who have an allergy or severe sensitivity to peanuts run the risk of serious or life-threatening allergic reaction if they consume this product.

The total number of Divinity with Walnuts Eggs that may contain peanut butter is 64 out of a run of 2,048 candy boxes. The product was distributed to See’s shops in Arizona, California, Nevada, Missouri, New Mexico, Oklahoma, Texas and Utah.

There is no reported allergen reaction or illness attributed to this product.

Concerned consumers should return the product or the receipt to any See’s Candies Shop or the location where it was purchased for a full refund or exchange. Any consumers with questions about this recall should also contact See’s Consumer Affairs at 1-800-789-7337.

Philadelphia Woman Sues Shoe Store

$
0
0

Daphne Cox of Southampton, Pa., has filed a lawsuit at the Philadelphia Court of Common Pleas against Finish Line Inc., Indianapolis-based company that operates a footwear store inside the Franklin Mills Mall in Northeast Philadelphia. Cox's husband Bruce Cox is also listed in the complaint.

According to the lawsuit, a credit card scanner fell from the store's checkout counter and onto Daphne Cox's left foot after she swiped her card in order to make a purchase. Cox says she ustained injuries to her left foot and toes, including nerve damage, and that she had to undergo medical and rehabilitative treatment and care as a result of the incident. she further says she continue sto suffer from severe economic losses, including bills for medical treatment, medication, physical therapy, as well as an impairment of her earning capacity.

The suit accuses the defendant of being negligent and careless in allowing a dangerous and defective condition to exist at the store’s register, where it knew paying customers would be at risk, and for failing to warn the plaintiff of the dangerous condition.

Daphne Cox seeks $50,000 in damages, plus interest, costs and other court relief. Her husband, Bruce, also seeks $50,000 in damages for loss of consortium.

 

 

 

Indiana Nursing Home Sued for Wrongful Death

$
0
0
Indianapolis-based Health & Hospital Corporation of Marion County (HHC) and American Senior Communities, LLC have been named in a wrongful death lawsuit by the family of an 88-year-old Alzheimer's patient, who reportedly died after an altercation with another patient at the nursing home.

According to the lawsuit, Betty Riley died at Summit City Nursing & Rehabilitation home on December 13, 2011. Riley was treated at a local hospital and released back to the nursing facility, where she later died.

A subsequent autopsy report by the Allen County Coroner's Office found that Riley died from injuries she suffered more than a week earlier when she was possibly pushed by another elderly resident and her head hit the floor. The coroner's office ruled Riley's death a homicide because it was caused by another person. The office said Riley suffered a blot clot to her brain from the fall. both Riely and the other patient suffer from dementia.

Summit City is owned by HHC and leased to ASC to operate.

Riley's family alleges that the Summit City nursing home embarked on an alleged attempted cover-up of the homicide. The lawsuit also contends that HHC is putting profits ahead of resident safety at its nursing homes due to their interest in funding the construction of the new Wishard hospital in Indianapolis.

Youth Snorkeling Masks Recalled Due to Laceration Hazard

$
0
0
The Consumer Product Safety Commission along with the U.S. Divers and Aqua Lung Sport brands have announced the recall of the Santa Cruz Jr. youth snorkeling mask.

The recalled masks are single paned, tempered glass youth snorkeling masks sold under the U.S. Divers and Aqua Lung Sport brands. The masks were sold individually and as a set with snorkel and fins. The U.S. Divers logo or Aqua Lung Sport logo appears on the top of the mask and as an inset on the tempered glass lens. The tempered glass lens is also labeled as tempered.

This recall affects all Santa Cruz Jr. Youth Masks manufactured before October 2011. Masks manufactured before October 2011 do not have the revised production code on the edge of the frame, near the nose pocket. So if there is no production code in the nose pocket area, the product has been recalled. If a production code does appear in the nose pocket area, your product has not been recalled.

The Santa Cruz Jr. mask was sold at: Academy, Dick's, The Sports Authority and other sporting goods stores nationwide and online at Amazon.com and other Internet retailers from March 2011 through July 2012.

If you own one of these masks you should immediately stop using the recalled mask and contact U.S. Divers for a replacement mask. You can call U.S. Divers toll-free at (888) 606-6162 anytime. For more information, go to www.usdivers.com and click on “Recall Notice."

Viewing all 207 articles
Browse latest View live




Latest Images