Just over a year after a Lake Charles teenager sustained a traumatic brain injury in a car crash, he is leaving the hospital and going back to school for his senior year.
17-year-old Luke Burnham has been at TIRR Memorial Hermann in Houston ever since he was hit by a car while jogging. At first, doctors worried that the soccer player and cross-country runner would not survive the crash, and if he did, his brain injury would make him a vegetable. Initially, their fears seemed to be well-founded, because Mr. Burnham could only communicate by looking at “yes-no” cards and could not move, other than to straighten one index finger. But after aggressive treatment and therapy, he is ready to go back to school this fall. Although he is somewhat behind, Mr. Burnham took summer school classes, so he should be able to graduate with his peers.
“I’m looking forward to seeing all my friends again and all my teachers,” he remarked. [Read more…] about The Long Road Back
Personal Injury
McDonald’s Hot Coffee Case: A Retrospective
The case which added fuel to the tort reform fires already burning around the country turns 22 this month. In the popular media, this personal injury case was about a woman who spilled a cup of hot coffee on herself and sued McDonald’s for $3 million. But, as is often the case, the truth is far different.
Pre-Suit Activity
Liebeck v. McDonald’s Restaurants involved a 79-year-old department store clerk who pulled into the drive-thru of a McDonald’s in Albuquerque, New Mexico and ordered a cup of coffee on February 27, 1992. At the time, McDonald’s required its restaurants to serve coffee at 190 degrees, or only slightly cooler than boiling water. The restaurant knew, or should have known, that 190-degree liquid could cause third degree burns – the kind of burns that require skin grafts to address – in as little as two seconds. The restaurant also knew, or should have known, that most other fast-food franchises served their coffee at about 160 degrees, a temperature that was not significantly lower yet meant that the victim had twenty seconds between spill and serious injury. There’s more. In the ten years preceding the case, McDonald’s had received over 700 complaints about coffee-related personal injury, paid over $500,000 to settle these claims, yet did nothing to alter its procedures. [Read more…] about McDonald’s Hot Coffee Case: A Retrospective
Regional Athlete Wins Olympic Gold
Houston native Simone Manuel now shares the world record for the fastest time in the 100-meter freestyle, and she is also the first black American athlete to win a gold medal in any swimming or diving event.
Her victory roughly coincides with the release of a university study which concludes that 70 percent of black children cannot swim. Furthermore, black children between ages 11 and 12 suffer from an accidental swimming pool drowning rate that’s ten times greater than white children of a similar age. To explain the discrepancy, some scholars blame the residual effects of racial segregation. Many municipal pools were not legally integrated until the 1960s or 1970s, and informal discrimination remained at some locations for decades afterwards. As a result, swimming was not part of the black experience for many children who grew up in the latter part of the 20th century, and some parents may pass their preferences onto their children. [Read more…] about Regional Athlete Wins Olympic Gold
Bankruptcy Court Confiscates Personal Injury Settlement
A federal judge recently ruled that people in bankruptcy cannot receive any personal injury settlement money until their creditors are paid in full.
Three years after his Chapter 13 creditor repayment plan was confirmed, Clyde Wilson sustained serious injuries in a car crash and received a $197,000 settlement. In determining that the money belonged to the bankruptcy trustee for the benefit of the creditors and not Mr. Wilson personally, U.S. Bankruptcy Judge John Kolwe, in the Western District of Louisiana, applied the “estate-replenishment test” and ordered Mr. Wilson to turn over the money. [Read more…] about Bankruptcy Court Confiscates Personal Injury Settlement
Swimming Pool Drowning At Community Pool In Youngsville
Surveillance footage which came to light after the incident clearly shows that an 8-year-old boy fell off a raft at an unattended swimming pool, and he had been at the bottom of the pool for some time before first responders arrived.
Youngsville Police Chief Rickey Boudreaux said the incident occurred during a family gathering. The boy, whose name was not released, was transported to a local hospital where he was later declared dead. [Read more…] about Swimming Pool Drowning At Community Pool In Youngsville
Third Party Liability In Car Crashes
An estimated 14 percent of Louisiana drivers are uninsured, and this figure is well above the national average. On top of that, there are a significant number of under-insured drivers, because the state minimum is only $15,000 per person in bodily injury coverage and $25,000 in property damage coverage.
Fortunately, in many such cases, there may be a responsible third party in addition to the tortfeasor (negligent driver), so victims can more easily obtain fair compensation for their injuries.
[Read more…] about Third Party Liability In Car Crashes