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San Jose officials face lawsuit after toddler is killed by falling tree

The parents of a 2-year-old boy who was killed after a tree crashed into their pickup truck have filed a wrongful death lawsuit against the city of San Jose. Those who have lost loved ones due to a motor vehicle accident may want to seek legal funding from alawsuit cash advance company to help cover the cost of living while their attorney works to settle their case.

The Silicon Valley Mercury News reports that Esmeralda Galan and Jose Ortiz have filed a suit on behalf of their son, Mateo Ortiz, who died after a rotted out 10-ton maple tree fell onto the family’s truck last year after they had pulled up in front of a relative’s house on Seventh Street.

According to the news agency, Mateo, who was strapped into a car seat, was pinned underneath the top of the cab of the GMC Sierra pickup truck. He later died at Santa Clara Valley Medical Center. Both parents were injured in the accident.

The lawsuit claims that the city was negligent in its upkeep of the tree, and should have known it was potentially dangerous. The city reportedly had stopped funding maintenance on trees to save money during the economic downturn.

The suit also names the owner’s of the property where the tree was located.

Former ambulance driver files suit against New Mexico company and driver in fatal crash

A former ambulance driver has filed a lawsuit against the company and the driver of a car that were involved in a fatal crash on Interstate 25 in New Mexico last year. Those who have been injured in a motor vehicle accident and are thinking about filing a similar lawsuit may want to seek presettlement funding to help finance the cost of litigation.

The Associated Press reports that 19-year-old Vanessa Carrillo filed suit against Rocky Mountain EMS after the ambulance she was driving was hit by a wrong way driver near Santa Fe.

According to the news agency, Carrillo’s lawsuit also names the driver of the car, Kylene Holmes, and a passenger, Jennifer Belvin, as defendants. The suit contends that both women were under the influence of alcohol and marijuana at the time of the accident in December 2010. Holmes reportedly was killed in the crash, Belvin was injured.

The lawsuit claims the ambulance company was negligent in its upkeep of the airbags in the emergency response vehicle. Carrillo reportedly suffered serious injuries in the crash, including a number of broken bones, when the airbags did not deploy in the head-on wreck.

Carrillo is seeking payment for all damages and medical costs.

Major changes could be afoot from military medical malpractice lawsuits

Major changes to medical malpractice rules affecting military personnel may be changing shortly, according to The Associated Press. Many who file medical malpractice lawsuits seek out legal funding from lawsuit funding providers to finance their litigation.

According to the news source, service members have been barred from filing malpractice lawsuits against military medical personnel because of the Federal Tort Claims Act. However, the U.S. Supreme Court recently asked for more information about a case that could change the decades-old rule.

The case involves the death of Air Force Staff Sergeant Dean Patrick Witt who underwent a routine appendectomy in 2003 at Travis Air Force Base in Fairfield, California. Following the procedure a nurse anesthetist put a breathing tube down Witt’s esophagus rather than his airway, which deprived the man’s brain of oxygen. Witt’s family took him off life support three months later.

The family appealed a decision that threw out the case under the Feres Doctrine, which bars such lawsuits, reports the news source.

“We labored on this for a long, long time, and we decided that the right thing to do here was to protect the rights of other people who go into the military and are signing away their rights to get good health care in the military system,” Witt’s brother-in-law Carlos Lopez told the news source.

Mother files suit against Texas bar over fatal car crash

The mother of a man who died after a single car crash in Texas has filed suit against the establishment that allegedly served her son alcohol the night of the accident. Many people who have lost a loved one due to a motor vehicle accident seek legal fundingfrom a comapny that does lawsuit loans to help them through their troubled times.

According to the Southeast Texas Record, Guadalupe Carreon has filed suit against the Sherlock’s Baker Street Pub in Galveston District Court.

The news agency reports that 28-year-old Guillermo Ayala Jr. and his wife were patrons of the bar the night of the accident in April 2009. The suit contends that Sherlock’s continued to serve Ayala alcohol even though he was already intoxicated.

Alaya reportedly crashed his car shortly after leaving the bar. He reportedly died at an area hospital a few days after the accident.

Carreon is seeking a jury trial and damages for pain and suffering, mental anguish and financial costs to pay for burial expenses.

The legal action claims that Carreon is entitled to recover damages under the Texas Wrongful Death and Survival Statutes.

Illinois woman files suit against medical center after freak accident

An Illinois woman has filed a personal injury lawsuit against a medical center after she was allegedly injured when a tree branch fell through her car’s windshield during a windstorm last year. Those who have been injured in a motor vehicle accident and are thinking about filing a similar lawsuit may want to seekpresettlement funding, to help finance the cost of litigation, from alawsuit funding company.

The Chicago Tribune reports that Helen Miller has filed suit against the Vista Health System Surgery and Treatment Center in Lake County.

According to the news agency, the large tree branch smashed through the windshield of Miller’s Smart car, impaling her above her stomach and below her lungs. She reportedly had to be put into a medically-induced comma while she recovered from severe injuries. Miller contends that some of the injuries she sustained are permanent.

The lawsuit claims that the Lindenhurst medical facility was negligent in its maintenance of the tree on its property at Red Oak Lane, near the intersection where the accident reportedly happened.

The 42-year-old Lake Villa elementary school teacher had reportedly planned to use the branch for an art project.

Pennsylvania man awarded $2 million in medical malpractice lawsuit

A Pennsylvania jury has awarded the widower of a woman who died of ovarian cancer $2 million in his medical malpractice lawsuit against a local doctor. Those who have lost a loved one due to the negligence of the medical community may want to seek legal funding from an ALFA member presettlement fundingprovider to help finance the cost of litigation.

The Citizen Voice reports that the Luzerne County jury ruled in favor of Edward Zawatski who had filed the suit against Dr. George Valenta, a gynecologist with the Geisinger Wyoming Valley Medical Center in Wikes-Barre.

According to the news source, 59-year-old Sharon Zawatski lost her second battle with the disease in 2008, four years after her first operation to removed a large ovarian cyst. During that first surgery, Valenta reportedly never removed an ovary that led to the increased chance she would develop the cancer again. Valenta also reportedly did not informed Zawatski that the ovary was never removed.

Zawatski’s cancer reportedly returned the following year.

After a week-long trial, Edward Zawatski was awarded to the $2 million for damages that include pain and suffering on the behalf of his wife and loss of companionship.

Arizona woman wins $1.5 million slip and fall lawsuit against Coca-Cola

An Arizona jury has awarded $1.5 million to a woman who allegedly suffered serious injury after slipping on water that had leaked from a refrigerator owned by BCI Coca-Cola. Those who have been injured in slip and fall accidents and are thinking about filing a similar lawsuit may want to seek a provider of lawsuit loans to get a lawsuit cash advance to help them through rough times.

After a four-day trial, the Pima County Superior Court jury ruled in favor of Marisol Metzler, who had claimed she suffered a herniated disk after falling on the slippery floor while shopping at a Fry’s Food and Drug Store. The kindergarten teacher maintained that she needed surgery due to the injury, and has suffered from chronic pain since the accident.

The California-based BCI Coca-Cola had reportedly refused to settle the case for $149,000, the amount Metzler had originally asked for, and instead offered her $30,000.

The lawsuit claimed that service records had shown that the refrigerator had been leaking for two years prior to the accident, but was never replaced by the Coca-Cola company. In court, BCI had argued that the store was liable for the accident.

Ohio high court says cancer patient’s lawsuit can continue against doctor

The Ohio Supreme has ruled that a cancer patient’s medical malpractice lawsuit against her doctor can proceed. Those who have suffered due to the negligence of the medical community may want to seek legal funding from a lawsuit loan funder to help finance the cost of similar litigation.

The high court upheld an appeal filed by 73-year-old Lonna Loudin after a lower county court dismissed the case in 2009. The 9th District Court later reversed that decision.

Loudin is reportedly seeking more than $25,000 in damages from Dr. Richard Patterson and Reflections Breast Health Center after she claims the doctor failed to detect a breast mass.

The lawsuit claims that despite annual mammograms, Patterson failed to notice a mass in Loudin’s left breast in 2003, which had reportedly been there for three years.

The suit contends that the misdiagnosis caused the cancer to spread and decreased Loudin’s survival rate.

The lower court had reportedly dismissed the case on the grounds that the existing cancer was not a physical injury. The appellate and high courts both agreed that the spread of Loudin’s cancer can be considered a physical and emotional injury.

Son of woman killed in Colorado car accident files suit against driver

A wrongful death lawsuit has been filed on behalf of the 8-year-old son of a woman who was killed in a Colorado car crash two years ago. Many people who have lost loved ones in a motor vehicle accident seek legal funding from a company that provides lawsuit loans to help plaintiffs get by day to day.

The Denver Post reports that lawyers have filed a lawsuit on behalf of Damon Marquand, who was 7-years-old at the time of the 2009 accident.

According to the news agency, Damon’s mother, Grace Cruthers, and Jonathan Richardson were passengers in a car being driven by Dominick Wilmer when he lost control of his speeding vehicle and it rolled over into a ditch in Douglas County.

The 29-year-old Cruthers and 26-year-old Richardson were both killed in the accident. Wilmer, who was reportedly drunk and high on pot at the time of the crash, was convicted of two counts of motor vehicle homicide and given a 12-year sentence in the case.

The lawsuit is seeking felonious killing status, which means that a jury could award the boy more than the state’s cap limit of $468,000.

The Richardson family has reportedly settled a civil case in connection with the accident.

Texas man sues driver, owner of car involved in 2009 accident

The driver and owner of a car involved in a motor vehicle crash that allegedly injured a Texas man face legal action in connection with the accident. Many people who have been injured in a motor vehicle accident seek a lawsuit advance, to help finance the cost of similar litigation, from a lawsuit cash advance company.

The Southeast Texas Record reports that Gary Hall has filed suit against Pamela and Jessica Wagner in Galveston County District Court.

According to the news agency, Hall was injured when a car being driven by Jessica Wagner rear-ended his vehicle while they both were traveling westbound on Hughes Road in Dickinson in April 2009.

Hall claims that Wagner failed to yield the right-of-way while he was attempting to turn left on Melody Lane and “violently” smashed into the back of his car. The lawsuit contends that Wagner failed to maintain proper control of the vehicle in order to avoid a collision. The suit also accuses Wagner of driving above the legal posted speed limit.

Pamela Wagner, who owned the car Jessica was driving at the time of the accident, has also reportedly been named as a defendant for negligently entrusting her car to an inexperienced driver.

Hall is seeking a jury trial.