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Class Action Lawsuit against Wal-Mart Largest in History

Christina Cole — Mon, 05 Feb 2007 02:54:57 GMT

A Federal appeals court decision to allow a complaint alleged against Wal-Mart by six women to go ahead with a class action case, is the largest sex discrimination class action lawsuit in American history to date.

To sum it up, this decision means, over one million present and past female Wal-Mart employees might seek compensation. This action could end up costing Wal-Mart billions of dollars!

The courts did not rule on the merits of the cause but they did uphold a 2004 lower court in favor of allowing the case to continue on as class-action issue. As you may have guessed, Wal-Mart is expected to appeal.

The ruling has given hope to long-suffering Wal-Mart staff, to citizens who support social justice and to groups working to expose and correct the anti-labour tactics employed by the world's largest retailer.
"Wal-Mart may have the best legal team money can buy - but even the fanciest of corporate lawyers can't stop the largest class-action lawsuit in U.S. history," says David Nassar Wal-Mart Watch.
"Thanks to the determination of current and former Wal-Mart employees, their dedicated counsel and the judicial wisdom of the Ninth Circuit Court of Appeals, Wal-Mart will face allegations that it actively discriminated against its female employees. This case could cost them close to $20 billion," Nassar predicts.

I wish I could say these charges being brought against Wal-Mart are shocking but indeed they aren't ...

Originally posted at InjuryBoard by Christina Cole

Harry and David is Recalling Their Giant Cashews Because of Undeclared Peanuts and Other Nuts

Jenny Albano — Wed, 23 Jan 2008 21:33:01 GMT

Harry and David, in conjunction with the FDA, is recalling around 2130 boxes of their 4.oz Harry and David Giant Cashews because because they may contain mixed nuts. Consumers who have an allergy to these nuts (peanuts, almonds, pecans and/or Brazil nuts) may have a serious or life-threatening allergic reaction if they consume this product.

Harry and David is recalling all 4 oz. boxes of Giant Cashews with lot codes 2507 MSL 15:00 through 2507 MSL 18:00 and a use by date of 6/28/08. The lot code and use by date are ink jetted on the bottom of the box. Affected boxes also can be recognized by the price sticker on the bottom, or lower portion of the back, of the box. The price sticker states "Nuts Mixed Nuts Box 4oz". These products are packaged in 4 oz. paperboard boxes with bags of metalized film containing nuts inside. The boxes are olive green with a pale green design in the background.

The recalled product was sold nationwide in Harry and David Stores beginning November 16, 2007. So far the company has not received any reports of illness.

The problem happened when there was a product changeover. When the cashews were being packaged, some of the mixed nuts, which were packaged right before the cashews, got mixed in with the product.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Class Action Lawsuit Filed Against Walgreens

Christina Cole — Thu, 08 Mar 2007 17:55:28 GMT

On Wednesday, the Equal Employment Opportunity Commission filed a class action lawsuit against Walgreens Co. for allegedly discriminating against African-American management workers.

The suit was prompted in part from a Kansas City store manager that alleges the drugstore chain assigned black managers to low-performing stores and to stores only in African-American communities and has denied black workers promotion opportunities in violation of federal civil rights laws.

"Essentially, Walgreens has made store assignments based on race," said EEOC district director.
"What I saw was African-Americans being assigned to stores in African-American clientele locations, a decision I felt was solely based on race," Tucker said. "I also felt that African-Americans weren't promoted within the company as easily as others and that we were given the low-profit, high-shrink, the low-sales-volume stores, and that affected our compensation."

An EEOC attorney in Kansas City, has said 10,000 to 12,000 current and former Walgreens employees can become plaintiffs in this nationwide lawsuit.

The EEOC lawsuit seeks back pay, compensatory and punitive damages for the plaintiffs and asks the court to order Walgreens to discontinue the practice.
Race-based discrimination claims, historically the most frequent complaint filed with the agency, have increased markedly in the past 15 years and accounted for 36 percent of the EEOC's caseload in fiscal 2006

Originally posted at InjuryBoard by Christina Cole

CVS Recalls Playskool Sippy Cups

Chrissie Cole — Mon, 30 Jul 2007 00:42:50 GMT

CVS Pharmacy announced a recall of 84,000 Playskool Toddler "NoSpill" Sippy Cups due to a choking hazard.

CVS has received 36 reports of toddlers chewing through the plastic of the sippy cup, resulting in a choking incident and three near-choking incidents. To date, no injuries have been reported.

The recall includes the Playskool Todder "NoSpill" Sippy Cup with the serial number 382814, which can be located on the back of the packaging.

Consumers should take the cups away from children immediately and return it to any CVS store for a full refund or throw the product away and bring proof of purchase to any CVS store for a refund.

Consumer Contact: For additional information, contact CVS/pharmacy toll-free at (866) 434-0098 between 8:30 a.m. and 10:00 p.m. ET Monday through Friday, visit CVS/pharmacy's Web site at www.cvs.com.

Originally posted at InjuryBoard by Chrissie Cole

KWCH Reporter Injured In Car Accident

Christina Cole — Wed, 28 Feb 2007 21:58:39 GMT

Alana Rocha, KWCH 12, was critically injured in a car accident last Saturday. Wichita Police believe the driver that crashed into her car was driving while drunk.

Police say they first spotted the driver because he almost crashed into another car. They thought he was stopping when he pulled into a parking spot but the man kept on driving through an alleyway and back onto the road.

He was traveling between 60-70 mph when he ran three red lights before clipping a car when crossing the street before crashing into the passenger side of Rocha's car.

39-year-old Albert Faldet was taken into custody late Thursday afternoon. He was charged in Alana's accident and a previous one Friday afternoon.

Rocha remains in ICU at Via Christi-St. Francis Hospital. As of Sunday afternoon, she remains in critical condition - but is showing some improvement.

Originally posted at InjuryBoard by Christina Cole

Deadlocked Jury in Olesky Malpractice Case

Christina Cole — Wed, 13 Dec 2006 01:18:13 GMT

A Collier County jury was deadlocked today after 2.5 days of deliberation in a medical malpractice and wrongful death lawsuit. The lawsuit involves two local physicians and a physician assistant in the death of Ann Olesky, before her death in 2004.

The jury of four women and two men were sent back into deliberations by the Judge.

The defendants are Dr. Dennis Stapleton, a cardiothoracic surgeon who performed mitral and aortic valve replacement surgery on Olesky, and Dr. Jane Silverstein, a cardiologist who was filling in for Olesky's regular physician at Naples Community Hospital. The hospital was not named in the lawsuit. A third defendant is Joseph Deily, a physician's assistant to Stapleton.
The plaintiff's attorney argued during a two-month trial that the defendants failed to detect Olesky took a turn for the worse and failed to order tests that could have detected bleeding in her heart, which led to it being squeezed.
The defense argued she could not have been detected or treated.

Prior to the judge sending the jury back to reconsider the deadlock, the forewoman told the judge that they had deadlocked on Monday and agreed to sleep on it and start again today.

Originally posted at InjuryBoard by Christina Cole

Boy Struck By Car In Crosswalk Accident

Chrissie Cole — Sun, 17 May 2009 08:40:00 GMT

A boy, 7, was injured in a pedestrian accident when a Ford Taurus proceeded through the crosswalk at Mauring and Ridgeway despite a crossing guard wearing a reflective vest and displaying a stop sign.

Following the accident, Wichita Falls Police Department released a news statment urging motorists to exercise extreme caution when driving through school zones.

The boy suffered a cut to his lip and bruise to his leg when he was thrown to the ground. An ambulance transported him to the hospital as a precaution.

Officers are closely monitoring the school zones, said Officer Harold McClure, a public information officer with the WFPD.

Officer McClure also said motorists need to be on alert for flashing lights indicating school zones and also when they come upon intersections; they need to be aware that a crossing guard may be there to help the children cross.

Failure to obey a crossing guard is a ticketable offense.

Originally posted at InjuryBoard by Chrissie Cole

Super Bowl Party Hosts: Liable for Guests Drinking and Driving

Christina Cole — Thu, 01 Feb 2007 02:03:55 GMT

The insurance industry financed a survey that says many Americans that are planning a Super Bowl Party are underinsured and open to potential lawsuits and financial ruin.

The data shows that of an estimated 28.5 million people hosting a party between the holidays and the Super Bowl, 21.3 million do not have a personal umbrella insurance policy, liable for potential lawsuits should the worst happen. The remaining 7.2 million hosts said they don't even know what coverage they have.

If you a host a party, the guest drinks and drives, causing an accident, the host can be held responsible in over thirty states. Interestingly, 53 percent of party hosts do believe they should be held accountable; however most haven't taken any steps to protect themselves.

There are many different ways to protect yourself and lower your risk when hosting a party, according to Lanier Upshaw, a Lakeland Insurance Company.

Agencies' Suggestions:
â€¢ Limit your guest list to those you know.
â€¢ Host a party at a restaurant or bar that has a liquor license, rather than in a home or office.
â€¢ Provide filling food for guests and alternative non-alcoholic beverages.
â€¢ Schedule entertainment or activities that do not involve alcohol.
â€¢ Arrange transportation or overnight accommodations for those who should not drive.
â€¢ Stop serving alcohol at least one hour before the party is scheduled to end.
â€¢ Consider hiring an off-duty police officer to discreetly monitor guests' sobriety or handle any alcohol-related problems as guests leave.
â€¢ Stay alert, always remembering your responsibilities as a host.
â€¢ Review your liability insurance coverage.

Originally posted at InjuryBoard by Christina Cole

Caldwell Man Killed In Crash With Semi-Truck

Chrissie Cole — Sun, 27 Sep 2009 13:28:00 GMT

A Caldwell man was killed late on U.S. 166 late Friday night after his vehicle collided with a semi-truck, according to the Kansas Highway Patrol.

Russell Engel, 46, was transported to Via Christi-St. Francis Hospital in Wichita, where he died from the serious injuries he sustained in the crash.

The accident happened when Engel crossed the centerline and struck a semi going the opposite direction, said the Highway Patrol.

The truck driver, 31, was not injured in the crash. The investigation into the accident is ongoing.

Originally posted at InjuryBoard by Chrissie Cole

RC2 Recalls Children's Feeding Seats Due to Fall Hazard

Jenny Albano — Thu, 06 Dec 2007 16:04:05 GMT

The RC2 Corp., in conjunction with the CPSC, is recalling about 100,000 The First Years Newborn-to-Toddler Reclining Feeding Seats because the restraining straps can pull out of the waist strap slots, which poses a fall hazard to young children and toddlers.

The First Years Newborn-to-Toddler Reclining Feeding Seat can be adjusted between reclining and upright positions. The seat includes a tray, reversible cushion and a three-point safety belt. One side of the seat cushion has a sewn-in label at the top which says "the first years by Learning Curve." This recall includes all feeding seats except those with an "R" stamped inside a raised circle located on the far left and right of the back of the seatback or those with waist strap slots that are nine inches apart.

So far the company has received 38 reports of the straps of the chair pulling out or nearly pulling out of the waist strap slots and there have been 12 reports of young children falling out of their First Years Newborn-to-Toddler Reclining Feeding Seats.

The product was available in retail stores across the U.S. from October 2006 to November 2007. The chairs were manufactured in the United States.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano