Articles Tagged with injury attorney in Fort Myers

A federal appeals court has affirmed an $11 million ladder injury verdict awarded to a suburban man who suffered severe brain damage when the ladder on which he was standing collapsed.ladder

The jury found in favor of plaintiff’s claim that the ladder on which he was standing while replacing gutter screws was defectively designed – as it was unable to withstand more than 200 pounds of weight – and thus caused him to fall. As a result, he sustained a traumatic brain injury. The damage award included $7.1 million for medical expenses, plus $2 million each for pain and suffering and loss of a normal life.

Defendant manufacturer argued it should receive a new trial because the district judge wrongly allowed two of plaintiff’s expert witnesses to testify, despite questionable scientific methodology, and that plaintiff failed to prove the ladder was unreasonably dangerous. The appellate court found defendant’s argument was predicated mostly on the weight of the experts’ arguments, which is within the discretion of the jury to consider, rather than its admissibility. Further, the court held plaintiff had presented sufficient evidence to prove the design was defective and a reasonable alternative existed. Even though defense had presented evidence to the contrary, it was up to the jury to consider how much weigh to give that evidence. In Baugh v. Cuprum, the U.S. Court of Appeals for the Seventh Circuit, ruled the lower court did not commit any errors.

With the goal of reducing the serious risk posed by distracted drivers toying with their cell phones, the U.S. Department of Transportation’s National Highway Traffic Safety Administration has proposed voluntary guidelines to manufacturers of phones and software. One of the key measurements involves a the creation of a “Driver Mode,” akin to the “Airplane Mode,” which shuts off wireless communication that might interfere with modern aircraft systems. In the same way, this “driver mode” would block or modify certain cell phone apps so that a motorist’s attention could stay on the road. phone

These voluntary guidelines were introduced amid news that traffic deaths over the last two years have increased sharply. Yes, part of that is due to falling gas prices and an improved economy, which has more people on the road. However, cell phone distraction is believed to be a substantial part of the problem. If drivers can’t be trusted to put the phones down on their own, then technology companies may need to step in and do it for them – not just for their own sake, but for the safety of those with whom they share the road.

The guidelines call on manufacturers of electronics, such as Samsung and Apple, to alter future operating systems in a way that curtails functionality and simplifies interfaces while the device is inside a vehicle that is moving. There are also requests to develop technology that would be able to determine when devices are being used by a motorist who is driving, while still allowing others who are in the vehicle full access to those features.  Continue reading ›

Badge
Badge
Badge
Badge
Contact Information