Chicago Injury Law Blog

Brooklyn Orders Review of 50 Murder Cases

Fri, 17 May 2013 11:19:54 -0600

Police misconduct lawyers at Pintas & Mullins highlight an article recently published in the New York Times, detailing the reopening of every murder case that resulted in a guilty verdict from the work of one detective. The review is being conducted by the Conviction Integrity Unit of the Brooklyn district attorney's office.

The detective, Louis Scarcella, handled many of Brooklyn's most notorious crimes during the 1980s and 1990s. Recent examinations of his cases, however, reveal disturbing patterns in his work, such as repeated use of the same eyewitnesses. Dozens of inmates and prisoner advocacy groups have also contacted the district attorney's office to air their suspicions and grievances about Scarcella.

The main eyewitness in question was a prostitute addicted to crack, who testified at several Scarcella murder prosecutions. During one case in the late1980s, the woman testified that she witnessed a murder through a keyhole in a closet door. She was the only eyewitness. The accused family hired an investigator, who found no keyhole in the closet door. The plaintiff was acquitted, but later convicted in an entirely separate murder case, where the same eyewitness was used.

The prostitute was used as an eyewitness in about six other unrelated trials, most of which led to convictions. At least three of the wrongfully imprisoned inmates, after more than twenty years behind bars, still proclaim their innocence.

The district attorney's office will give special scrutiny to the cases that used this eyewitness and to others that relied on a single eyewitness or confession. Among their work, the Brooklyn staff will be re-interviewing available witnesses and studying new evidence. If their findings point in any way to an unjust conviction, prosecutors will likely seek for its dismissal.

The issue surrounding Scarcella emerged in March 2013 when a New York judge freed a man, David Ranta, who wrongfully spent 23 years in prison for the murder of a rabbi. Upon further review of the case, prosecutors determined that Ranta's conviction was largely due to the flawed police work of Scarcella and his partner. The flawed work included completely failing to pursue a more likely and logical suspect, and removing violent criminals from jail and letting them consume drugs and visit prostitutes in exchange for incriminating Ranta. One witness also stated that Scarcella told him exactly which suspect to choose during lineup identification.

Scarella retired from the NYPD force in 1999. In a recent interview, he stated that the review came as a shock to him, and maintains that he did nothing wrong. He was a Brooklyn North homicide detective during a period when violent crimes in the borough were at record-highs, and departments were overwhelmed. He estimates he was the lead investigator in at least 175 homicides, and played a role in another 175.

A former colleague of Scarcella's stated that detectives in that period often assembled sloppy cases, but that questions and rumors surrounded him even back then. In one 1987 case, the judge said that the witness identification procedures Scarcella used were a classic example of what not to do. The plaintiff in that case was, regardless, convicted.

Another victim, Shabaka Shakur, was interrogated by Scarcella and remembers telling him nothing that could implicate him. Despite this, at his trial, Scarcella produced an incriminating statement the detective swore he took from Shakur. The detective's underlying interrogation notes were missing, however, a mistake that occurred many times in his homicide cases. Nonetheless, Shakur was convicted, based almost completely on the incriminating statement, and has been in prison for 26 years.

Illinois Police Officer Convicted of Using Excessive Force

Thu, 16 May 2013 10:53:42 -0600

Police misconduct lawyers at Pintas & Mullins report that a Dolton, IL officer faces up to ten years in prison after being convicted of using excessive force. Jurors took less than an hour to decide the officer was guilty of hitting two men on the head with his steel baton outside a nightclub and violating their civil rights.

Among the evidence submitted included a surveillance video, which was repeatedly shown to jurors over the four day trial, and a 911 phone call made by one of the victims. The incident occurred outside Mr. Ricky's nightclub around 2 a.m., right after the club closed, on May 16, 2009.

Plaintiffs alleged that the officer, who is a former teacher, reacted with unnecessary force when the two men cursed at him when he told them to leave the premises. One of the victims, Michael McPherson of Calumet City, testified that he indeed cursed at the officer but ultimately chose to walk away. When McPherson was walking away from the scene, he alleges the officer kept pushing him and suddenly struck him on the head without warning.

McPherson bled heavily from the wound on his head and later required three staples to close it. After striking McPherson the officer apparently hit McPherson's companion, Laurence Williams, who also testified at trial. Williams contends that he was walking backward facing the officer, holding his arms out with palms up when the officer struck him.

The officer neither called for an ambulance nor arrested the men, instead choosing merely to walk away after hitting the them with his baton. He has been on administrative leave since 2009, and is scheduled to be sentenced in mid-August 2013. McPherson placed a call to 911 immediately after the assault, telling the operator he had been hit and was bleeding profusely.

The officer does not deny that he struck the men with his baton but asserts that he did so because he feared for his safety, and used the weapon in a split-second defense reaction. Mr. Ricky's nightclub has an illustrious history of violence. The village of Dolton stated that the incident occurred under a former administration and that Dolton's newly elected officials were unfamiliar with the events that conspired that night.

A similar incident took place in 2006 involving a Chicago police officer, the victim of which recently settled in the amount of $325,000. The officer, John Haleas, was also recently indicted for four counts of official misconduct and perjury and two counts of obstruction of justice for falsifying DUI arrests and later lying about it. More than 150 of the 720 DUI arrests he made in 2005 and 2006 were dismissed after his indictment.

Monster Beverage Sued for Marketing to Kids

Tue, 14 May 2013 12:08:43 -0600

Energy drink lawyers at Pintas & Mullins announce that Monster Beverage is facing a lawsuit alleging the company marketed its unsafe drinks to children. The plaintiff claims that Monster is the energy drink industry's worst offender in targeting American youth.

Just a week ago, in late April 2013, Monster sued the same plaintiff over his demands that it reduce caffeine levels in its drinks and stop marketing to minors. The plaintiff asserts that his lawsuit is not a reaction to Monster's - he has been proceeding on this path toward litigation, expecting that Monster would not accept his demands voluntarily.

The plaintiff first started investigating energy drinks in October 2012, including such companies as Red Bull, 5-Hour-Energy, and Rockstar, which have all enjoyed enormous growth in the past decade or so. With this growth, however, energy drink companies have also come under intense fire for their seemingly superfluous use of caffeine and other harmful ingredients.

Legislators all over the country, including New York's attorney general and Illinois Senator Richard Durbin, recently called on both Monster and the FDA to look into and reveal how the drinks are made and marketed and their effects on children and young adults. These requests were undoubtedly influenced by the death of a 14-year-old girl in Maryland. The girl died of cardiac arrest after consuming two 24-ounce cans of Monster within 24 hours.

Over the last four years, ER visits from energy drinks have more than doubled, from 10,000 in 2007 to over 20,000 in 2011. After five deaths and one heart attack were reported due to Monster Beverages alone, the company is now facing a class-action lawsuit. The suit claims that Monster knowingly marketed, advertised and sold the drink (particularly to minors) despite its toxic mix of ingredients.

Plaintiffs are citing the company's "Monster Army" website, which promotes the brand using minors as young as six years old. The company also sponsors youth sports tournaments throughout the country. Additionally, the most recent plaintiff claims in his suit that Monstor promotes the excessive consumption of its beverages by using phrases like "pound down" and "chug."

Monster energy drink labels state that consumers should drink no more than three 16-ounce cans per day. This amount, however, is nearly five times the maximum daily caffeine limit for children, according to the FDA. This is dangerous because energy drinks, to some children, may seem like just a can of soda. While soda itself has toxic chemicals in the ingredients, none of them pose the immediate health risk such large amounts of caffeine do.

Of course, caffeine is not the only hazardous ingredient in Monster beverages. The main ingredient, epigallocatechin-3-gallate, is associated with liver injuries among other serious adverse side effects. They also contain copious amounts of sugar, carnitine, taurine, and guarana, which can also have devastating health effects, especially in teens and young adults.

Southern Explosions Spur Worker's Lawsuits

Mon, 13 May 2013 10:54:04 -0600

Workplace injury lawyers at Pintas & Mullins affirm that experts recently reported that ammonium nitrate was the actual cause of the fire and explosions that killed 14 people and injured 200 more at the West Fertilizer plant in Texas. Another explosion, which took place on the Mobile River in Alabama, is now the subject of two lawsuits filed against the companies involved.

Ammonium nitrate is a type of dry fertilizer that is mixed with other similar compounds, such as phosphate, and added to plants to enhance growth. It is combustible, and was, in fact, used in the 1995 Oklahoma City bombings that killed nearly 170 people.

The April 17, 2013 blast in West, Texas caused about $100 million in damages, not only to the factory, but to homes and businesses surrounding the facility. The explosion was preceded by a fire, which brought fire fighters to the scene that were subsequently caught in the blast. The fire marshal's office headed the investigation along with the Alcohol, Tobacco, Firearms and Explosives agency.

Over 400 interviews have been conducted so far by investigators, although the exact location of the fire's origin within the plant is still unknown. At least seven lawsuits have already been filed against Adair Grain, Inc, which owns the fertilizer factory. Plaintiffs in these cases are alleging negligence by Adair Grain employees and are seeking millions of dollars in damages.

Similar lawsuits are being filed in Mobile, Alabama after seven barge explosions rocked the Mobile River in late April 2013. One of the suits, filed by an injured employee, is naming four companies and is seeking unspecified damages.

The plaintiff, George Erickson, remains in serious condition at USA Medical Center. He is suffering from second-and third-degree burns on over half of his body and must be constantly sedated. He is unable to manage his affairs due to his catastrophic injuries so his lawsuit was filed by a Mobile County Conservator who was appointee to handle his affairs. Erickson was working for Oil Recovery Company of Alabama and was cleaning two oil barges at the time of the blast.

The first lawsuit filed as a result of this explosion was by injured worker Casey Tyson, who was working on one of the tugboat electronic systems near the explosion. He was taken to the University of South Alabama Medical Center and later transferred to a burn unit closer to his home in Dallas.

Tyson's suit names Oil Recovery Co., AEP River Operations, D&S Marine Service, and Kirby Inland Marine as defendants. There was a third worker injured at the time of the explosion, Justin Benoit, who was working for AEP and who is also still in the hospital in serious condition. The first explosion was reported to be caused by workers venting oil vapors from the tanks of the barges when an outside source ignited the vapors.

Chicago Officer Charged with Misconduct, Falsifying DUI Arrests

Fri, 10 May 2013 11:05:24 -0600

Police brutality lawyers at Pintas & Mullins report of the latest settlement Chicago taxpayers will be forced to pay due to CPD misconduct. Julio Martinez recently settled in the amount of $325,000 after an officer allegedly fractured his skull and falsified his DUI arrest.

In 2008, the officer in question, John Haleas, was indicted on four counts of official misconduct and perjury and two counts of obstruction of justice. He was once considered Chicago's most prolific officer for making nearly 720 arrests in 2005 and 2006, although his police powers were later revoked after being accused of falsifying the DUIs. More than 150 of those charges were dismissed after his arrest.

Two years before his indictment, Officer Haleas falsely charged Julio Martinez with a DUI, handcuffed him, and beat him with a metal bar in a holding room. Martinez is a hemophiliac, which is a blood disorder characterized by the inability of the blood to clot, so that even a minor wound could result in a fatal bleed-out.

Haleas was indicted in 2008 and relieved of his police duties, however, he did not plead guilty until 2012. During the settlement approval, a City Council's Finance Committee alderman demanded to know why Haleas was still on CPD payroll (he is now assigned to the Records Division). Alderman Scott Waguespack stated that the city's negative exposure is only further compounded when officers like Haleas are not immediately fired. A fellow alderman and former CPD officer, Willie Cochran, added that he did not believe Haleas being allowed further employment with the city was appropriate.

Others are saying that this situation is indicative of the larger problems within the CPD. After the department's "code of silence" was brought to light, it became increasingly clear that CPD habitually failed to investigate and discipline officers who engaged in misconduct.

This code of silence was finally illuminated in a 2007 case involving a female bartender who was beaten by an off-duty CPD officer, which was caught on security camera video tape. The case went to trial, where a jury held that both Chicago and the officer, Anthony Abbate, were responsible for the attack, and awarded the bartender $850,000 in damages.

At trial, the woman testified that several officers and higher-ups tried to cover up and minimize the beating to protect Abbate as part of an unofficial code of silence policy. The federal case led to the resignation of Superintendent Philip Cline.

In some cases, videos proving innocence are mysteriously destructed. Such was the case in a 2009 arrest, involving plaintiff R.L. Johnson. In May of that year, a Chicago officer was pursuing an alleged robbery suspect when he ran over Johnson. The officer initially denied the incident, but later admitted to hitting Johnson with his car, saying it was merely an accident. Johnson suffered extensive injuries to his leg after being run over.

Local Companies Pay for Underpaying Workers

Thu, 09 May 2013 11:47:07 -0600

Wage, hour and overtime lawyers at Pintas & Mullins report that two companies, Hutco in Louisiana and Colony Diner in New York, were recently ordered to pay hefty fines for underpaying their employees. The Colony Diner investigation is the first implication of the state's new Wage Theft Prevention Act.

The owners of Colony Diner in East Meadow, New York, recently pleaded guilty for underpaying and falsifying the records of 72 employees. The two owners face up to four years in prison, and have already agreed to pay more than $500,000 in a plea. The investigation was conducted by the U.S. Labor Department's Westbury Office, which has had to investigate the Diner three separate times since 1999.

The agency found that Colony Diner habitually violated overtime and minimum wage laws, paying most of its employees off the books. Irv Miljoner, head of the Westbury Labor office, stated that this case will send a clear message to employers that paying workers under the table is wage theft and has real consequences.

Between September 2007 and September 2010, the Colony Diner wait staff at times earned less than the $2 per hour, and kitchen staff often did not earn overtime wages despite working substantially more than 40 hours per week. Federal labor laws require employers to pay workers time and a half their standard hourly wages when working any amount of time over 40 hours per week.

The investigation also found that the Diner falsified many of its records, including payroll and time records, which are felony counts. After obtaining a search warrant, the district attorney's office found two sets of books, one with falsified payroll and time records, the other with true pay rate and hours worked.

The Louisiana company, Hutco Inc, also recently agreed to pay a large amount of money in back wages. The Lafayette-based company, which is a major industrial services agency, agreed to pay nearly $2 million in back wages to over 2,200 Louisiana employees. In another investigation conducted by the U.S. Department of Labor's Wage and Hour Division, it was found that Hutco utilized improper pay and record-keeping practices, which resulted in failure to compensate for overtime.

Hutco provides short and long term employees to Louisiana businesses for both skilled and unskilled labor, such as electricians, welders, painters, and forklift operators. Temporary and contracted employment situations can make legal issues difficult for workers to understand, which gives greedy companies the leg-room to exploit them. Temporary workers are too often treated as non-employees in terms of overtime and wage protections. Contingent work arrangements, however, are still required to adhere to federal laws.

In the investigation, federal officials found systemic overtime violations in at least six of Hutco's branches. The company mischaracterized certain payments as "per diem," - meaning allowances paid to employees for lodging, meals and incidental expenses while traveling - and excluded these wages when calculating overtime wages. This impermissibly denied those employees overtime compensation that they had earned.

$240 Million Awarded to Abused Iowa Workers

Tue, 07 May 2013 10:07:19 -0600

Employment lawyers at Pintas & Mullins report of a recent verdict concerning the decades abuse and discrimination suffered by mentally disabled workers at a turkey plant in Atalissa, IA. Henry's Turkey Service was ordered to pay each employee $7.5 million for violating the Americans with Disabilities Act.

Last year, 32 former employees of Henry's Turkey Service contacted the U.S. Equal Employment Opportunity Commission (EEOC) alleging unlawful harassment and discriminatory practices at the company's labor camp in rural Iowa.

The stories of these men are horrific and devastating, spanning a period of 40 years. During that time, Henry's transferred hundreds of mentally disabled men from Texas to Iowa to work in the meat-processing plant for only 41 cents per hour. The men lived in a century-old boarding house, which the state shut down in 2009 after inspections revealed decrepit, hazardous conditions.

These men were never provided with disability services, health or dental insurance, or access to Medicaid, which caused many of them to not visit a doctor or dentist for years on end. The bunkhouse did not have any central heat, had numerous fire hazard violations and was swarming in cockroaches that could be heard through the walls. One winter, a worker wandered away from the bunkhouse, became lost in a storm, froze to death, and was not found again until a farmer discovered his body the following spring.

The company's president, 72-year-old Kenneth Henry of Proctor, Texas, testified at the trial, stating that his company sent 1,500 mentally disabled men to labor camps in seven states over a period of 45 years. He stated that he never produced a company policy manual, and that no one at his company ever even owned a computer to research the legality of employing and supporting the mentally disabled. He never attempted to obtain a license to care for disabled adults.

A social worker for the Iowa Department of Human Services also testified, producing evidence that some employees were routinely punished by being taken to a garage next to the bunkhouse where they were hit, kicked and screamed at by their superiors while being forced to walk around a pole.

One of these abused men is Keith Brown, who worked for 35 years at Henry's Turkey and lived at the Atalissa bunkhouse. His sister, Sherri, visited the bunkhouse in April 2013. Driving up to the house, she stated, was difficult. It looks like House of Horrors, a place her where brother did not live at, but had to survive from.

Brown was diagnosed with Post-Traumatic Stress Disorder form the trauma he received here. He has night terrors where he thrashes, hits his head, and has repeatedly broken the skin on his forehead. He never mentions the men he worked and lived with for more than 30 years, or anything else about those lost decades.

Four years after the bunkhouse was closed, Brown now lives in his own apartment in Arkansas, where he receives support services and is fully employed. He has adjusted remarkably well - making friends, taking care of a cat, and putting on 60 pounds of much-needed weight on his once-emaciated body. He doesn't miss a day of work, and loves going, because he is now treated with the respect he deserves.

More than 4,000 Kids Injured by Amusement Park Rides Every Year

Mon, 06 May 2013 11:10:14 -0600

Accident and injury lawyers at Pintas & Mullins highlight a recent study which found that more than 4,400 children under the age of 17 are injured every year on amusement park rides. Fortunately, most of the injuries are minor, however, nearly 70 kids a year are injured enough to be hospitalized.

In the peak season, between May and September, about 20 children per day are hurt on a ride, which averages to about one injury every two hours. The study gathered data from the National Electronic Injury Surveillance System (NEISS), a national sample of emergency room visit information from representative hospitals throughout the United States and its territories. More information on NEISS can be found here.

The study was conducted by the Center for Injury Research and Policy at Columbus, Ohio's Nationwide Children's Hospital. It is the most extensive study regarding this issue to date, tracking injuries in amusement parks, carnivals and fairs for over 20 years. The research even included injuries from coin-operated single rides at malls and restaurants.

The results of this study indicate that there is much need for increased awareness of the potential of injury on rides, and both parents and children need to be better educated on the risks. The study's head, Dr. Gary Smith, told NBC News that there also needs to be an increase in tracking and oversight; in the past, the focus was always on the big, scary rides. Smith hopes that his study sends the message that injuries can occur in all types of rides, in various types of locations.

One Chicago girl, Destini Lofton, was only eight when she broke her wrist while on an indoor roller coaster. She apparently turned around to high five one of her nieces when and her hand became stuck between two rides. For one reason or another, more girls are hurt on rides than boys (55.5% versus 45.5%).

Theme park injuries, of course, are not limited only to children. In 2011, a man in upstate New York died while on a roller coaster at Darien Lake Theme Park Resort. Sergeant James Thomas Hackermer was an Army veteran and had already lost both his legs in Iraq. Sgt. Hackermer was ejected from the Ride of Steel - boasted as one of the tallest coasters east of the Mississippi - fell at least 200 feet, and died. He was assisted onto the ride, although it was not clear whether or not theme park workers considered barring him from the ride because of his unequal proportions.

When the Ride of Steel first opened, a man fell about ten feet to the ground as it was breaking on its final approach into the station house. The man suffered several fractured ribs and internal injuries. He sued the theme park, which was found to be fully liable for his injuries. He was awarded $4 million in damages.

Just a few months before this incident, an 11-year-old girl died while on a class trip to Morey's Mariner's Landing Pier in New Jersey. She fell about 150 feet from the top of a Ferris wheel which she was riding alone.

Between 1990 and 2010, nearly 93,000 children were injured on theme park rides. The most serious, of course, are cases of death, however the study did not detail how many children died on rides because fatalities are not tracked by hospital reports. Large, permanent theme parks caused about 33% of the injuries, traveling carnivals and fairs were responsible for another 30%, and rides at malls, arcades and restaurants made up about 12% of the injuries.

NATO Protester Sues Chicago for Excessive Force, False Arrest

Fri, 03 May 2013 10:40:44 -0600

Police misconduct lawyers at Pintas & Mullins report that, despite Chicago's desperate attempts to curb violence and conflict in the city, innocent residents continue to be mistreated and wrongfully arrested. One resident, Philip Devon, is now suing the city for allegedly using excessive force to arrest him during a 2012 NATO protest.

Devon claims he was peacefully protesting the NATO summit, along with about 3,000 others, the day he was arrested last year. He was near the intersection of State and Madison downtown on the night of May 19, 2012 when police officers formed barricades and told the crowd to move back. Devon tried to comply, but was stuck in the front of the crowd, and the hoards of protestors pushed him forward toward the police lines.

His suit alleges that one officer shoved Devon facedown onto the ground, hit him with a baton, dragged him 30 or 40 feet, and ultimately handcuffed and arrested him. He affirms that he was demonstrating peacefully and that the Chicago police had no right or justification for arresting him. He is now claiming the use of excessive force, wrongful arrest, and malicious prosecution. Two officers and the city of Chicago are named in the suit, and he is seeking unspecified damages.

His was one of about two dozen arrests during the week-long summit. Superintendent Garry McCarthy told Reuters that his goal was to extract protesters who were too provocative, which we assume was what they considered Devon. Several protestors ended up having to be treated at Mercy Hospital and Medical Center, and at least one officer was admitted to Stroger Hospital with minor injuries.

Tense confrontations such as this are not, unfortunately, a rare occurrence on the streets of Chicago. Mirroring efforts in New York City, police officers in Chicago have recently started patrolling violence-prone neighborhoods with a stop-and-frisk policy. The policy allows officers, without a warrant, to search and disarm anyone who seems suspicious.

There are obvious, inherent problems with this policy, but advocates are insistent that it will reduce gun violence. They are comparing residents being randomly stopped and searched to passengers being scanned at airport security. The comparison is significantly lacking, however, because passengers at airports voluntarily agree to and expect searches before boarding. Residents of Chicago's embattled communities, on the other hand, are unwilling to cooperate with officers, who have a long and illustrious history of corruption and mistreatment in these communities.

This culture of distrust is only further complicated by a city that is still significantly racially segregated and is trying to recover from a breakdown in police/community relations. Already in 2013, for example, the CPD has cost taxpayers nearly $40 million in settlements to victims of police abuse and misconduct. Superintendant McCarthy recognizes the conflicts and affirms that the lack of trust was earned - but that he and his department are trying to convey a new message. CPD recently initiated the largest police legitimacy training in the nation as part of this change in culture and message.

The unfortunate reality is that most of the fatal violence in Chicago is carried out by a small group of dangerous people with extensive criminal histories. The police are attempting to combat this by searching the largest number of residents possible, which, at the moment at least, is only resulting in a growing number of residents who feel disrespected, violated, and alienated. Police should instead target their energies on the small percentage of young adult males in the most embattled neighborhoods who are committing the devastating gun violence.

Former Crestwood Water Department Head Found Guilty

Thu, 02 May 2013 12:00:05 -0600

In 2009, it was revealed that, for more than two decades, the residents of Crestwood, Illinois had been drinking contaminated, carcinogenic tap water. Vinyl chloride lawyers at Pintas & Mullins report that the city's ex-water department head was recently accused and found guilty of lying to federal investigators about the tainted water.

The verdict was decided on Friday, April 26, 2013 in federal court in Chicago. The former water department official, Theresa Neubauer, attempted to argue that she was merely "wearing the jacket" in the scandal for then-Mayor Chester Stranczek, along with two other city officials.

In 2011, Neubauer and Frank Scaccia, a water department operator, were indicted for helping cover up the use of well water contaminated with vinyl chloride to supplement the city's drinking water for an astounding 22 years. Vinyl chloride is a colorless gas and known human carcinogen, affecting the cardiovascular system, developmental processes, liver, and immune system. It is also known as chloroethene, chloroethlyene, and ethylene monochloride, and there is no safe level of vinyl chloride exposure. Neubauer was ultimately found guilty on all 11 counts of intentionally misleading state inspectors about the city's practice of mixing the tainted well water with Lake Michigan water supplies.

In efforts to save money, city officials were drawing drinking water from the contaminated well even after state environmental officials told them about the dangerous chemicals in the water. Crestwood officials assured the state that they would get all their tap water from Lake Michigan, and would use well waters only in an emergency. Records prove, however, that Crestwood drew from the tainted well water on a routine basis, using it for up to 20% of the city's water supply.

In 2007, the Illinois Environmental Protection Agency (IEPA) found that the city had been piping the water, untreated, to residents, and cited the city for violating federal and state laws. Crestwood, however, failed to notify its 11,000 residents of the toxic contamination.

Several of the city's lake water lines sprung leaks in the 1980s, leaks that required extensive and expensive repairs, which would lead to higher water rates. In efforts to keep Crestwood's water the "cheapest in the country," officials hid the losses from the leaks by tapping into the contaminated water. For decades, Neubauer and her peers prepared monthly documents that hid the well use and sent them to the Illinois Department of Natural Resources and IEPA.

Because the city did not report its use of the well water, the IEPA did not find it necessary to test it. In fact, an IEPA water supplies manager testified that Crestwood had not tested the well water since the 1970s.

The scandal was brought to light in 2009 when a mother refused to stop pressuring the city about why her son suffered leukemia as a toddler. She repeatedly asked the city for public records outlining what the EPA knew about the contaminated water, and consistently requested that state investigators dig deeper into the case.

It was ultimately revealed that the toxic substances had most likely leaked into the soil surrounding the well from dry cleaners in a strip mall located less than 300 feet from the well's building. IEPA files indicated that high levels of chemicals had contaminated the soil near a barrel where waste chemicals were being collected for safe disposal. Once those chemical soaked into the ground, they formed plumes that moved quickly into ground waters.

$4.2 Million Awarded to Victims of Wrongful Police Shooting

Tue, 30 Apr 2013 10:16:49 -0600

Police misconduct lawyers at Pintas & Mullins report that the mother and daughter who were injured when police mistakenly opened fire on them recently received $2.1 million each. The police mistook their vehicle for the one disgruntled ex-cop Christopher Dorner was driving before his death.

Although the agreement still needs approval by the Los Angeles City Council, the settlement will likely remain the same, and will prohibit the women from pursuing future injury claims against the city. The victims, Margie Carranza and her 71-year-old mother Emma Hernandez, were delivering papers in the early morning of February 7, 2013 when LAPD police officers fired at least 100 rounds at their car. The officers were stationed outside the Torrance home of one of the targets Dorner named in an online manifesto.

The mother was shot twice in the back and her daughter sustained injuries to her hands. The case involved eight police officers, all of whom are now assigned to non-field duties while the investigation continues. The women also sued the city for the loss of their pickup truck, which was riddled with bullet holes, and settled that case as well in the amount of $40,000.

At the time of the shooting, suspect Christopher Dorner had already killed the daughter of an LAPD captain, her fiancée, and a Riverside police officer. He was believed to be driving a gray Nissan Titan, which looks somewhat similar to the blue Toyota Tacoma the women were driving. A short while before the shooting an alert was sent out warning that a truck matching Dorner's was in the area.

The family initially started the negotiations with the city at around $15 million, however, the lower agreement ensured that they will receive a timely payment. LA officials are hoping that this settlement ends the Dorner saga once and for all. The department has affirmed since the beginning that this shootout was a tragic mistake by the eight officers involved. Police Chief Charlie Beck met with the two women just days after the shooting and personally apologized.

Fortunately, the women involved in this wrongful shooting have fully recovered from their injuries. Other similar victims, however, have not been as lucky. One of the most tragic is the case of Rekia Boyd, who recently died on the streets of Chicago after being wrongfully shot by a police officer.

22-year-old Boyd was gunned down on the city's West Side by an off-duty officer around 1 a.m. in March 2012. Her family filed the suit against the city alleging that the officer, detective Dante Servin, opened fire from an unmarked vehicle after having an altercation with one of Boyd's friends. She and another member of the group she was with were shot, Boyd in the head and her friend in the hand. Boyd died nearly 24 hours later from the shot to her head.

Her family maintains that she was unarmed, innocent, and killed without any justification. Servin initially claimed that he felt his life was endangered when a member of the group approached him with a weapon. However, the Independent Police Review Authority stated that no weapon was ever recovered from the scene of the shooting. The man who approached the officer was only holding a cell phone. Boyd's family ultimately received $4.5 million in a settlement with the City of Chicago.

Iowa Toddler Killed by Babysitter's Dog

Mon, 29 Apr 2013 12:25:13 -0600

Dog bite lawyers at Pintas & Mullins report of a troubling story out of Des Moines, Iowa concerning the death of a four-year-old girl. The little girl died recently from injuries sustained when she was attacked by her babysitter's dog.

The girl and her brother were being watched by the sitter on a Monday in Prairie City, Iowa. Around two p.m., the little girl was mauled by the sitter's American Staffordshire Terrier and was flown by EMS helicopter to Mercy Medical Center in Des Moines. For almost 24 hours the little girl fought for her life, but ultimately died around 11:30 a.m. on Tuesday morning.

An American Staffordshire Terrier is another name for a pit bull. Most pit bulls are excellent with children when supervised, however, as always, it is the owner's responsibility to monitor the dog when around children, particularly small children. The babysitter in this case was clearly negligent in her care of both her dog and the two children she was responsible for, and the results were catastrophic.

The sitter was arrested that Tuesday afternoon and charged with child endangerment, which is a felony and punishable by up to 25 years in prison. She was also charged with another felony, neglect or abandonment of a dependent person, which carries a fine of $1,000 to $10,000 and up to 10 years in prison. She is currently being held in Jasper County Jail.

The dog's owners - the babysitter and her husband - were given a letter by the Prairie City Police Chief shortly after the incident informing them that their dog was considered dangerous and could no longer be harbored in city limits. The dog is now in quarantine at a nearby veterinary clinic. Because the investigation is ongoing, it was not released whether or not the dog or its owners had previous complaints against them.

One of the Wright's neighbors also operates a day-care from her home. She said that the attack has shaken her as well as the patrons of her business. She stated that she saw the Staffordshire Terrier outside only occasionally, and he seemed to be properly cared for.

This is the second death of a child caused by a dog attack in two years in Iowa. In March 2011, a three-year-old was attacked by two Rottweilers while in her own backyard. The dogs had managed to escape from their kennel located nearby.

Just a month ago, in February 2013, a dog bite lawsuit was recently settled for more than $550,000. The bite occurred at about 5:30 a.m. in a hallway in New Jersey. The victim was walking out of his office when he heard growling nearby, and was soon after attacked by a Rottweiler and pit bull that had escaped from their cage in a factory.

Olive Garden, LongHorn Steakhouse Workers Sue Company over Labor Laws

Fri, 26 Apr 2013 11:44:00 -0600

Wage and hour attorneys at Pintas & Mullins report that workers from Olive Garden, Red Lobster, The Capital Grille, and LongHorn Steakhouse are now suing the parent company, Darden Restaurants, for violating federal labor laws.

The lawsuit was filed in late 2012 in Miami federal court by current and past employees of Darden's various chain restaurants. Plaintiffs are seeking millions of dollars in back pay and other compensation for the company's national pattern and practice of paying its employees less than federal standards and requiring them to do work outside their responsibilities.

The suit states that servers have to perform a large amount of non-serving work, such as dishwashing and vacuuming, for which they should have received additional pay. Plaintiffs are hoping to correct these wrongs and be a catalyst for change for servers throughout the nation.

Darden is the world's largest casual dining corporation. Based in Orlando, it has more than 2,000 restaurants in North America and employs more than 180,000 people. In 2011, the company agreed to pay the federal government more than $25,000 in back wages to its Olive Garden workers in Mesquite, Texas, in addition to over $30,000 in fines. The Capital Grille was charged with similar accusations in early 2012 in a lawsuit filed by employee-advocacy group Restaurant Opportunities Centers.

Most of the nation's low-wage employers, such as Walmart and Darden, have fully recovered from the recession and are again enjoying large profits. Unfortunately, these profits are occurring at the same time that many workers' paychecks are coming up short and where the minimum wage has not increased in three years.

The lowest-paid workers employed at these corporations (factory workers, fast food employees, servers) are still struggling to make ends meet, despite the immense profits of the companies themselves. The strong financial position of these corporations indicates that it is time to improve wages - or, in the absence of this, to file wage, hour and overtime lawsuits.

The federal government seems to agree. In recent years more than 300 wage and hour investigators have been added to departments throughout the country, which won nearly $225 million in back wages in 2011. Just one year earlier, that number was only $176 million.

If the federal minimum wage standard had kept pace with the rising cost of living, it would be about $10.55 an hour by now. In March 2013, the House rejected a Democratic push to raise the minimum wage to $10.10, keeping it at the current and abysmal $7.25.

Thus, workers around the nation are fighting back, and large, immensely lucrative corporations make the most sense as targets. They are the companies who can more than afford to fairly pay their employees and boost consumer demand, however, they simply choose not to.

In New York City, for example, thousands of fast food workers recently staged walk-outs in protest. They are fighting for the right to organize as a union and for decent living standards. Despite working full-time, they often face evictions, are unable to put food on the table, and many are living in homeless shelters. Their organization, Fast Food Forward, notes that the average daily salaries of many of fast food's CEOs is $25,000, or more than double what their workers earn in an entire year.

Family of Worker Killed in Factory Explosion Receives $2.7 Million

Tue, 23 Apr 2013 14:31:33 -0600

Work accident lawyers at Pintas & Mullins report that a jury in New Jersey recently awarded the family of a killed worker and several other injured employees more than $2.7 million. The explosion took place in 2008 at a metal casting plant.

The man was 61-year-old Mario Gomez, a husband and father of five from Jersey City. He was instantly killed when a pressurized tank exploded in early 2008 at a Tec-Cast Inc. factory in Carlstadt. The explosion threw Gomez about 30 feet and injured nine other employees, three of them critically.

Tec-Cast manufactures small aluminum castings, and around 8 a.m. that morning, Gomez, a maintenance supervisor, was trying to repair a seal in a pressurized vat when the cast-iron door blew off. One worker of a nearby paint store stated that it sounded like a bomb had gone off, followed by cries for help.

It was unclear what caused the vat to explode, although a police captain said pressure buildup was likely to blame. Several workers suffered broken bones and severe cuts to the body. Some were taken to nearby medical centers for treatment. Gomez was set to retire in 2009. The jury awarded Gomez's family $1.4 million, and the remaining amount will go to the other injured workers.

Ten years prior, the Occupational Safety and Health Administration (OSHA) cited the Tec-Cast plant for multiple violations, resulting in a $6,000 fine. A second plant, located in Moonachie, passed OSHA inspections in October 2008 with no violations.

In related news, a fire recently broke out at an Exxon Mobil refinery in Beaumont, Texas. The blaze erupted in a process unit but was quickly brought under control. The Beaumont refinery processes nearly 350,000 barrels a day. About 12 employees were injured in the fire, six of them transported to nearby hospitals for treatment. The fire erupted in a unit that was down for maintenance.

Another oil giant, BP, is currently facing a one billion dollar lawsuit filed by more than 470 people claiming they became sick after a 15-day gasoline leak. The mercaptan leak came from a storage tank in a BP refinery in Texas City in November 2011. The leak contained mercaptan, a gas often added to natural gas, along with sulfur dioxide, which is a toxic gas. The refinery has since been sold to Marathon Petroleum for $2.5 billion.

In 2005, 15 people were killed in an explosion at the Texas City refinery. In 2010, throughout most of April and May, the refinery released more than 17,000 pounds of benzene alone into the environment contaminating the Texas City community air. The leak lasted 40 days, and there is currently a $500 billion lawsuit pending in court because of it. Nearly 50,000 residents are suing BP in connection to the toxic pollution, their symptoms ranging from headaches to nose bleeds.

Football Helmet Manufacturer to pay Millions to Injured Player

Mon, 22 Apr 2013 09:59:10 -0600

Traumatic brain injury lawyers at Pintas & Mullins report that a Colorado jury recently awarded $11.5 million to an injured football player. His lawsuit argued that Riddell Helmets was at fault for his brain injuries for failing to warn players about the potential dangers of concussions.

Since 1989 Riddell has been the official helmet provider to the NFL and for many high schools programs nationwide. The company is now in the midst of the football league's current concussion litigation, along with being named in several high school players' lawsuits. This most recent case could be considered a preface to these pending NFL lawsuits.

In 2008, a high school football player, Rhett Ridolfi, sustained a head injury during a football drill. Despite numerous complaints of headaches, his coaches allowed him to continue playing that afternoon. A few hours later he was hospitalized, is now permanently paralyzed on the left side of his body, and suffers from severe brain damage.

Ridolfi, now 22, sued Riddell along with several high school administrators and football coaches for his brain injuries. Riddell was ordered to pay $3.1 million of the $11.5, or 27%. Several of the coaches were found negligent, but were not ordered to pay any damages. The jury determined that, while Riddell's helmets are not defectively designed, it did fail to warn players about the dangers of concussions.

A similar NFL case is expected to begin in May 2013 in Los Angeles. During this trial, more than 4,000 former players and their spouses will sue the league alleging that it knew about and purposefully concealed the long-term health effects linked to repeated concussions and head injuries. Riddell is also named in the lawsuit.

In late 2010, a neurologist at the University of Texas at Dallas scanned the brains of a few dozen NFL players, to document the effects a career of getting hit in the head had on their brains functioning. Since, the neurologist has recruited more than 50 retired NFL players for a study tracking their mental health and brain connections.

In the same year, the NFL gave Boston University a million dollars to research C.T.E. in the autopsies of former players. C.T.E. stands for chronic traumatic encephalopathy, a disease associated with the buildup of a particular protein in the brain and linked to a host of cognitive symptoms, such as dementia and aggression. As of 2012, those researchers had found C.T.E. evidence in 33 out of 34 brains tested.

The neurologists' latest batch of findings, which was presented in April 2013, showed that the studied former NFL players were more likely to have depression and memory problems than non-athletes of the same age. His data also found that these effects were directly linked to the damage done to their brain during their careers, which manifest in small white bundles of matter.

All the complaints filed in the pending NFL lawsuit are based on head injuries suffered during the players' careers. Some cognitive complications include paranoia, panic attacks, and early-onset Alzheimer's. It will be argued whether or not the NFL actively tried to disprove these findings, or withheld scientific and medical information about the long-term risks of playing the game.