Category: Torts

The Negligent Heel: Professional Wrestler Sues After Losing Testicle In Bout

Something odd happened recently in professional wrestling — a real fight broke out. Former professional wrestler John Levi Miller, 23, has sued Clinton Woosley (who performed under the name Guido Andretti) for failing to take a fall as planned and actually kicking him in the groin — causing the loss of a testicle. Woosley was the designated “heel,” or loser in the bout. [Image shows Blue Demon, Jr. wrestles El Hijo Del Santo].

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New York Lawyer Loses Defamation Claim Against Ex-Girlfriends Who Posted Comments On Liarscheatersrus.com

We have previously discussed the problems of lawyers with being attacked by ex-girlfriends for their alleged bad relationships. The latest such story involves attorney Matthew Couloute Jr. who sued a former roller derby queen Stacey Blitsch and another ex for their posts about him at liarscheatersrus.com. The site still has a place for Couloute comments. Now, federal Judge Harold Baer has tossed out the defamation lawsuit as improperly based on protected opinion. In this case, the opinion that Couloute is a collossal loser. [Just for the record, I want to note that I have not dated Couloute and that I am merely repeating the opinion of those who have dated Couloute].

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Babeu in Arms: Will The Sheriff Sue [Or Be Sued] For Defamation?

Mitt Romney is out another supporter. Pinal County Sheriff Paul Babeu (who is also running for Congress) has resigned from the campaign after the Phoenix New Times reported that Babeu not only has a male lover but a Mexican immigrant lover who Babeu allegedly threatened to deport if he revealed their relationship. Babeu denies the allegation of threatening to deport the man and insists that it was the former campaign worker named as Jose who threatened him. While some are focusing on the political, I am wondering about the libel in these rivaling statements.

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Architect Charged With Manslaughter Over Poorly Built $11 Million Mansion

California prosecutors have brought a rare manslaughter charged against an architect for the substandard construction and design of a $11 million mansion. Albert Becker, 48, was arrested after a firefighter died in a blaze at the home, which was going to be the backdrop for a reality show called “Germany’s Next Model.”

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Man Dies Of Heart Attack While Eating 6,000-calorie Triple Bypass Burger At Heart Attack Grill

A man in his 40s this week died of a heart attack while eating a 6,000-calorie Triple Bypass burger at an aptly named chain that serves up massive burgers and allows grossly obese individuals to eat for free. We previously looked at Heart Attack Grill when its overweight spokesman died at 29. The question is whether a restaurant can be sued for knowingly serving food that comes with a higher risk of death or serious bodily injury — a risk that is openly advertised by the restaurant and assumed by the customer.

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A Nasty Drag in Niceville: Electronic Cigarette Reportedly Explodes In Mouth Of Florida Man

There is an interesting product liability case in the making in Niceville, Florida where Tom Holloway, 57, reportedly had his teeth blown out when his electronic cigarette exploded. He also lost part of his tongue and suffered burns on this face. It is not known which brand was allegedly informed in the explosion.

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A Contracts Reform Movement? Lawyer and Professor Take On The Cheesecake Factory and Other Restaurants Over Drink Prices

Some drinks just make you want to scream “UCC.” The Uniform Commercial Code that is. The Cheesecake Factory has announced it will yield to demands from Massachusetts lawyer Ross Mitchell who objected under the Massachusetts Consumer Protection Act to the failure to post the prices of its drinks. He is supported by Texas Wesleyan law professor Franklin Snyder who has invoked the UCC as required reading for anyone bar hopping.

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Clinical Credit? Texas Southern University Law Students Sue Over Poor Grades

Texas Southern University Jonathan Chan and Karla Ford have created their own form of clinical education. They are suing the law school in the Southern District of Texas for the D grades given to them by adjunct professor Shelley Smith teaching a first-year contracts class. They allege that the grades were “arbitrary and capricious” and meant to “curve them out” of the class.

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Gladiator Maximus: Anchor Bitten In The Face By Rescued Dog

Television anchor, Kyle Dyer, was bitten in the face by a 85-pound Argentine mastiff named Gladiator Maximus during an interview this week. The dog was the scene of a heroic rescue in icy waters after falling into the water while chasing a coyote. Firefighter Tyler Sugaski who rescued the dog is shown here with the owner 39-year-old Michael Robinson. The video is below.

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New York Hospital Accused of C-Section Surgery On Non-Pregnant Sixteen-Year-Old Girl

There is a shocking account out of New York of alleged malpractice where doctors at the New York Downtown Hospital are accused of starting a C-section on a woman only to discover that she was not pregnant. While the incident has been denied, witnesses confirmed the mistaken C-section surgery in sworn depositions.

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Defining Grief

Submitted by: Mike Spindell, Guest Blogger

 The bible of psychiatric/psychological diagnosis is the “Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the American Psychiatric Association. What it does is provide a standardization of diagnostic criteria, which allows Mental Health professionals to communicate with one another in a clearly defined set of common understandings.

 “It is used in the United States of America and in varying degrees around the world, by clinicians, researchers, psychiatric drug regulation agencies, health insurance companies, pharmaceutical companies, and policy makers. The DSM is a legitimating document and provides legal, medical, and ethical justification for physicians to diagnose and treat, judges to incarcerate and excuse, insurance companies to pay.” http://en.wikipedia.org/wiki/Diagnostic_and_Statistical_Manual_of_Mental_Disorders

First published in 1952 the DSM has undergone five revisions since then. The latest revision will be the DSM V, scheduled for a May 2013 publication. The last major revision in 1994 was called naturally the DSM IV. There are many problems with the DSM.  Since this Manual is so important to the treatment for those suffering and recompense for those who profit from psychiatric/psychological needs, this is an issue that needs greater public awareness. I think is most pertinent to look at the underlying issues entailed in the DSM’s new iteration and how it affects us, or those we know. To do so, however, we must look at the problems with the DSM, from a psychological, systemic and economic perspective.

The first critical issue is that no health insurance company, Medicare and/or Medicaid will pay for psychological and/or psychiatric treatment and medication, without a professionally certified diagnostician categorizing the patient with a valid DSM diagnostic code. Thus the DSM’s definitions have critical importance to practitioners, provider agencies, drug companies and health insurance providers. I retired from the Mental Health profession seven years ago and other things have held my interest. However, l I caught a NY Times article, posted at the MSNBC website last week and it brought to mind issues that had bothered me during my career, specifically with the DSM. Continue reading “Defining Grief”

The Stomp Speech and the Flip Flopper: Gingrich’s Staff Accused Of Assaulting Paul Supporter

Newt Gingrich has made it known that he will not tolerate flip floppers like Mitt Romney. His staff, however, took that to a new extreme by allegedly assaulting Ron Paul supporter Eddie Dillard who appeared at a Gingrich event with an opposing campaign sign. According to witnesses, Gingrich staff yelled for “everyone to step on his toes.” Dillard was wearing flip flops and was injured after he said a security member used his heels to grind into Dillard’s foot. The case could present an interesting tort lawsuit and a question of respondeat superior where an employer is liable for the torts of his employees if they are acting in the scope of their employment.

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