Category Archives: Legal News

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911 Dispatcher Pleads with Nurse to Perform CPR for Dying Woman


What a joke. Sounds like the final goal of Tom Daschle and/or Logan’s run. A policy not to protect and defend your fellow man. The 911 call received by the Bakersfield Fire Department emergency services dispatcher has resulted in outrage and a Bakersfield Police Department investigation. Talk about elderly abuse.

The February 26th call for emergency services was answered by dispatcher Tracy Halvorson, who during the longer than seven minute phone call pleaded for the unconscious and shallow breathing 87 year old assisted living facility resident to be given CPR.

The nurse on the other end of the call has sparked complete outrage by advocacy groups for the elderly, after refusing to perform CPR for 87 year old Lorraine Bayless, who collapsed in the dining room of the retirement facility.

Halvorson pleaded for the nurse to begin CPR or find someone that would, since she said it was against their policy. The nurse said there was no one at that time that would perform CPR on the woman.

During the entire 911 call that lasted 7 minutes and 16 seconds Halvorson told the nurse calling from the facility that the woman would die, if CPR was not started immediately. She begged her at one point to get a passerby, a gardener or anyone to start CPR.
On the arrival of the Bakersfield Fire Department emergency personnel, Bayless was no longer breathing or had a pulse. She was transported to Mercy Southwest Hospital, where she was pronounced dead.

Glenwood Gardens executive director Jeffery Toomey said the policy of the assisted living facility, when there is an emergency for nurses to call 911 for emergency medical personnel to provide services.  He said the nurse followed protocol in the situation.
According to Bakersfield Police Department spokeswoman Michaela Beard, there has been an investigation launched to determine if there was any criminal wrongdoing on the part of the independent living facility, in the way they handled the residents need for immediate medical attention.

The death of 87 year old Bayless has prompted advocates to call for legislation to prevent what happened at Glenwood Gardens in Bakersfield from happening again. Assembly woman Mariko Yamada, chair of the California Assembly of Aging and Long-term Care Committee said that she is sad that it took a tragedy of this nature to make people aware.

She said, while it is not clear that CPR would have saved the 87 year olds life, we need to investigate, since it of great concern.California Advocates for Nursing Home Reform founder Pat McGinnis said that independent living facilities should not have a policy that says employees can stand there and watch someone die. McGinnis said how a nurse was able to do that is beyond comprehension.

She said during all her years of advocacy she has never seen anything like this occur before. California Board of Registered Nursing that licenses health care providers spokesman Russ Heimerich said that it is unclear if the woman that identified herself as a nurse to the 911 dispatcher really is a nurse.

Heimerich said that if the woman was a nurse and at work as a nurse, then she should have been offering the appropriate medical care to the 87 year old woman. Glenwood Gardens executive director Jeffery Toomer, offered condolences to the family and said in a written statement that the nurse was following protocol.

Dr. Susan Leonard a geriatrics expert at the University of California, Los Angeles said these facilities are like apartments for seniors, where they basically live on their own and only some basic services are provided by the nursing staff. These are independent residents that only need help with transportation to doctor’s appointments and things of that nature.

Vice President Greg Crist of the American Health Care Association said staff members are required to do CPR, unless there is a do-not-resuscitate order. According to Bakersfield Fire Department Battalion Chief Anthony Galagza Lorraine Bayless did not have an order in place.

Defense Attorney Says Shock Device for Torture

Shick device torture

Shock torture

In a Muscogee County Superior Court hearing to set rules in the Ricardo Strozier capital murder trial, defense attorney H. Burton Baker objected to his client wearing an electronic ankle braceletThe ankle bracelet is similar to a police Taser gun, in the fact that it can deliver an immobilizing shock, if a deputy triggered it. Baker said the bracelet is a torture device and demanded it removed at the Monday hearing.

Muscogee Sheriff’s Maj. Mike Massy, who represented the division of the sheriff’s office that oversees the courtroom, testified whether the electronic ankle bracelet was necessary for Strozier to wear. Massy said the ankle bracelet is concealed under Strozier’s clothing and is being used instead of handcuffs and shackles.

Baker had already argued that the use of visible restraints would give potential jurors the impression that Strozier was dangerous. Baker questioned Massy, who admitted that Strozier has not been in any trouble in jail, since his arrest, after Jackson’s homicide. He has also not given authorities any reason to suspect he would harm anyone or attempt to flee.

Strozier’s attorney also argued that the six deputies standing by the defendant in the courtroom would have a prejudicial impact. He said it would create the impression that the defendant requires additional guards. Judge Gil McBride ordered the electronic bracelet be removed, but ordered that Strozier have shackles. The judge ordered that photographers in the courtroom are not permitted to record Strozier entering or leaving the courtroom with the leg chains on, so his case would not be prejudiced by potential jurors who might see the images.

The uniformed officers were later dispersed, so that only a few remained by the defendant. Strozier was indicted on 10 felony counts that stem from the murder of Heath Jackson, in a September 7, 2010 fatal shooting. Jackson died outside of his home at 1667 Carter Aveneue, after he confronted an intruder in his house. Strozier was also charged with robbing another man at gunpoint in Columbus, after breaking into his home. he was charged with a break-in at a Virginia Street apartment, where he is alleged to have stolen the gun that was later used to kill Jackson.

The defense is also questioning the demographics of the jury, since a disproportionate grand jury can be ruled a violation of the defendants constitutional rights. District Attorney Julia Slater questioned about the makeup of the panel that indicted Strozier and was told it was a panel of 11 white men, six black women and one white woman.

The proceedings are set to resume at 9:00 a.m. Tuesday and hear pretrial motions through Wednesday. Then there will be another session for motions held February 20 though the 22nd.

Sources:

http://www.ledger-enquirer.com/2013/01/28/2361833/heath-jackson-homicide-ricardo.html

http://www.prisonplanet.com/articles/march2008/032508_torture_bracelet.htm

Not Guilty of Lying—Lohan Plea

Lindsay Lohan Charged with Lying to Cops

Party Girl

By Michael P. Ehline, Esq. – Tuesday, Lindsey Lohan pleaded not guilty in the allegations that she lied to police officers about a traffic accident. The misdemeanor charge stems from the Santa Monica City Attorney’s Office charge in the June accident involving Lohan’s Porsche hitting the back end of a truck.

The Statutes

CVC Section 31 Says Inter Alia:

“No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false.” http://www.dmv.ca.gov/pubs/vctop/genprov/vc31.htm

Lohan was charged with obstructing or delaying an officer, willfully resisting, providing false information to an officer and reckless driving, which is probably, actually Penal Code Section 148, which is defined here.

Lohan was charged on November 9, 2012, for the accident that occurred during the filming of the Lifetime Original movie “Liz & Dick”, when she was on her way to shoot a beach scene. At the time of the collision, when her Porsche struck the rear end of a truck on the Pacific Coast Highway, Lohan told police her assistant was driving. Police believe that Lohan lied about not being behind the wheel. Lohan did not attend the hearing, and was represented by her attorney Shawn Holley, in the downtown Los Angeles courtroom. Holley pleaded not guilty on Lohan’s behalf, after rumor’s had surfaced that Lohan had fired the lawyer, who has represented her in multiple criminal cases.

Holley was asked by Superior Court Judge Jane Godfrey, if she would be remaining as Lohans’ attorney. Holley requested to answer the privately and off the record and made no statements to the media following the arraignment. The 26 year old actress is scheduled to appear in court on January 30, 2013 for a pretrial hearing and a second hearing for a probation violation.

Lohan could face up to 245 days in jail, if the judge determines she violated her probation. Lohan is on probation for the theft of a necklace in 2011. Superior Court Judge Godfrey set a date of February 27th for a trial date on the three misdemeanor counts. This raises a lot of issues for me, such as ability to pay, or whether ethically, a lawyer feels they should stay on a case or not. If this was a bar exam question, I would probably discuss that in an IRAC format.

After the June accident, she was involved in a fight at a New York City nightclub. Authorities said Lohan struck the woman involved in the fight, with her hands.  So there is a battery type charge, and possible civil and criminal penalty there. This new charge, is a pretty serious charge, and appears to be supported by quite a bit of evidence. Being on probation makes things a whole lot worse. Let’s see what the jury has to say.

Other Sources:

http://www.ehlinelaw.com/more-cvc.htm

http://latimesblogs.latimes.com/lanow/2013/01/lindsay-lohan-pch-crash-court.html

Attorney Discusses Lakers Lawsuits for Sex Assault

Marina del Rey Rape

By Michael P. Ehline, Esq. – I have a law  office in Marina del Rey, so this is an interesting read. The woman, who remains unidentified, filed a lawsuit against Los Angeles Lakers player Devin Ebanks. The woman claims that Ebanks sexually assaulted her, even though the District Attorney’s Office found there was insufficient evidence to prosecute the player.

Jane DOE Sues

The Los Angeles Lakers player is 23 years old and was the 43rd overall pick in the 2010 NBA draft. The woman filed the lawsuit as Jane Doe, in the Los Angeles Superior Court, which alleges sexual assault, assault, battery, intentional infliction of emotional distress and defamation.

Jane Doe’s lawsuit alleges the assault took place, after the two met at The Colony nightclub, in Hollywood on September 13, 2011. The woman claims she agreed to go to the NBA players apartment in Marina del Rey, on the condition that they would not have sex. The suit claims that the two began kissing, with Ebanks beginning to take off her shorts and underwear, when she objected and told him to stop. The lawsuit states that Ebanks became sexually aggressive, after getting a condom and stated “what’s the big deal, it’s just sex.” The NBA player said “I’m on the Lakers.”

Allegations of False Information

It is also alleged by the woman in her lawsuit that Ebanks published false information about her on his Twitter account. The Twitter posts suggest the woman made up the rape allegations against him. In December of 2011, the prosecutor’s office determined they would not prosecute Ebanks, due to lack of corroborating evidence.

Sources:

http://marinadelrey.patch.com/articles/woman-suing-l-a-lakers-player-for-alleged-sexual-assault-in-marina-del-rey

photo of
Michael Ehline

Ehline Law Firm PC
633 W 5th St #2890
Los Angeles, CA 90071
United States
213.596.9642
Injury Attorney

Former Police Commander In Jail for Suspected Financial Elder Abuse

Por Le Merit

JRA Publish wants to give you honours.

By Ehline Law Firm PC – I often discuss financial elder abuse. We have hear about attorneys taking advantage of people who are mentally ill.  But this one takes the cake. Former police commander Matthew Messier was arrested by the Pleasanton police, after a four month investigation.
Investigators allege Messier and his wife took control of an 82 year olds home, bank account, safety deposit box and cars, with assets amounting to approximately $750,000.

The Police Caommander Gained the Trust of the Victims According to Sources

Messier, age 36 was a commander with the Pinole Police Department and investigators stated he used his position of authority in convincing a Pleasanton woman to sign over all her assets.
Pleasanton Police Sgt. Kurt Schlehuber, who was one of the investigators said, the woman’s assets are estimated to be approximately $750,000. (Read More.)

What tipped them off? The investigation began, after a social worker in July found some problems with the woman’s assets, Sgt. Schlehuber said. He said that Messier’s wife identified as Elizabeth Regalado, age 30 was also involved. Sgt. Schlehuber said, the pair gained the trust of the victim’s estate and were named trustees. Messier has been charged by the Alameda County district attorney’s office with 14 counts of financial elder abuse (Defined Here.). The charges range from grand theft, to practicing law without a license.

Conspiracy Charges

Elizabeth Regalado is being charged with conspiracy and was supposed to turn herself in on Friday, Sgt. Schleuber said. He said she is aware that she is wanted and was supposed to turn herself in Friday night, and has not done so.
Director of the county adult protection division, Lisa Lahowe said, the elderly woman’s identity has not been released and is under the protection of the county’s public guardian.

Lahowe said in this case we have temporary conservatorship of the individual, in order to protect her assets and ensure there is no further abuse. Messier had resigned from the police department, during the investigation and was arraigned Friday, but did not enter a plea. His bail has been set at $322,000 and he remains in the county jail. A warrant has been issued for his wife, Elizabeth Regalado’s arrest.

Los Angeles County Assessor Arrested in Yearlong Corruption Investigation

Have any of you been following this?  I was watching the bail hearing today in the LA County assessor matter. It has long been my position that politicians already pay off constituents by redistributing tax revenues of minority property owners and successful people. So this really comes as no surprise to me that the property owners are trying to protect what little they have in this increasingly hostile environment against those who are successful. . Just the other day, Los Angeles County Assessor John Noguez has been arrested, after a yearlong corruption investigation. The investigation focused on influence peddling and lowering of property taxes for political allies, by Noguez.

The Announcement Was Made At A News Conference

According to District Attorney Steve Cooley’s office there is a planned announcement to be made by Cooley about the arrest details in a Wednesday morning news conference. Prior to being elected to the assessor’s office in 2010, Noguez was worked as a county appraiser for a long time.
The District Attorney’s Office began an investigation into improper tax breaks that had been granted to over 100 wealthy property owners, since Noguez took the top job in the assessor’s office. According to officials there were complaints by employees in the assessor’s office, since Noguez took office. Employees said they were pressured to lower property taxes for clients of prominent campaign contributors, by Noguez. Now I would like to see an investigation against those officials who keep raising my taxes to get votes from people seeking welfare, free cell phones, and food stamps. What do you think?

Effect of Inmates Regularly Being Injured by LA County Deputies

Defendant or Coma Victim?

Many of us here at JRA are defense attorneys, and other are criminal prosecutors. So one side will typically support the cops. But when the cops cross the line, then their traditional ally has to try and throw them in jail. And, as could be guessed, sometimes it takes some prodding by an outsider to get the DA to act on regular complaints about their ally, the Sheriff.

According to a report by the American Civil Liberties Union in Southern California, it is an “alarming regularity” that inmates are struck in the head, by Los Angeles County Jail correctional officers.

Inmates Getting Stomped in the Head By Deputies?

Say it ain’t so. The report states that inmates have been stomped in the head, even when they are in shackles, by Los Angeles Sheriff’s Department deputies. They have slammed inmate’s faces into walls, causing nose, cheekbone, jaw and eye socket fractures, the ACLU said. The ACLU said that there are reports of eleven inmates that have had facial broken bones, over the past three years. One of the victims had to undergo surgery for the injuries.

There have been sixty-four people that have made sworn statements, saying that the deputies target inmate’s heads for attacks, during the years between 2009 and 2012. The descriptions of the alleged incidences, the ACLU has corroborated 12 of the head injuries, with medical records, photo documentation and civilian reports, as evidence. In other of the reports inmates have corroborated the reports of deputies inflicting strikes to another inmates head.

In a report entitled “Sheriff Baca’s Strike Force: Deputy Violence and Head Injuries of Inmates in LA County Jails, it details some incidences of abuse by correctional officers.

  • July 14, 2010–“Mr. J” was struck in the head and neck, by deputies, of which he did not initiate the altercation. Deputies have alleged Mr. J did provoke the altercation, in which other deputies joined in. The inmate had a broken nose, an artery in his brain swelled and he had a torn ligament in his ankle, from the altercation.
  • April 12, 2011—“Mr. N” was beaten by deputies involving repeated punches, kicked and hit in the head and body. The inmate had a swollen head and complained of blurred vision that was ignored by deputies. After an amount of time, he was permitted medical attention and diagnosed with a detached retina, which required surgery.
  • April 12, 2011—“Mr. McM” was punched in the eye with a closed fist by a deputy, after being denied dinner and placed in lockdown. The deputy repeatedly kneed the inmate in the face and other deputies joined in the beating of the offender, with one of the deputies stomping on Mr. McM’s face.
  • March 13, 2012—“Mr. CC” was punched in the head and ear, repeatedly by deputies and sustained a fracture in the area below his right eye. He required stitches on the forehead and his ear bled for over 24 hours, after the altercation.
  • April 6, 2012—“Mr. Gabriel Carrilo experienced multiple deputies using force, while visiting the Men’s Central Jail. He was surrounded by five deputies on the order of a sergeant, who ordered the deputies to use their personal weapons to strike him. Carrilo sustained facial trauma, a broken nose, swollen eye with ecchymosis, a gash over his right eyebrow, which required stitches and other facial injuries.

The problem is not new and in the ACLU’s published report in 2011, the LA County Board of Supervisors appointed a Citizens Commission on Jails Violence. A report is expected by this committee on September 28th of their findings on deputy violence against inmates.

The ACLU concluded that the head injuries caused by the LASD deputies are not as a response to assault. This is not a last resort self protection in the altercations but rather is being used as a way to establish authority.

The report says the low number of unreasonable force findings, are due to a cover of of violence committed by deputies. This behavior shows that the training is far below the industry standards and practices. In March the Southern California ACLU filed Rosa v. Baca, against the Los Angeles County Sheriff’s Department, which demands there be reform in the county jails. In July they filed a suit against the sheriff’s department and L.A. County District Attorney Steve Cooly for knowingly hiding evidence in potentially thousands of criminal cases that involved the abuse of inmates in the jail.

In the report the ACLU acknowledges that they know the LASD will respond to the report by blaming inmates and attacking the ACLU. It said the deputies will argue that the inmates were the aggressors and the reports of abuse are unjustified or false. The ACLU said that even if the inmate were the aggressor, it does not absolve the LASD from use of excessive and illegal force. They said it is widely recognized that use of force by strikes to the head are almost never permissible, in the event the inmate was the aggressor.

Head injuries should be extremely rare in the use of force incident, when the inmate is the aggressor. There has been no accountability, for the officers that have used this type of force. They have not been removed from their job, after beating and kicking an inmate.

It appears the City of Los Angeles allows deputies to act like thugs and shield them from any type of punishment for their actions. The city permits brutal behavior, which an inmate should never suffer, no matter what their offense was and should not experience it in jail. So what do you think? Do you think the DA will sell out their buddies in the Sheriff Dept.? We report, you decide.

Additional Citations:

http://www.scpr.org/news/2012/10/09/34567/sheriff-baca-listening-time/

http://www.latimes.com/news/local/la-me-jails-sg,0,4834651.storygallery

http://blogs.laweekly.com/informer/2012/07/video_la_sheriff_beating_stomping_head.php

Attorneys for Somalis in Piracy Murder Case Challenging Death Penalty

Brutal Savages

Somali Islamic Terrorists

Most of you already know, I only support the death penalty in the case of a smoking gun and irrefutable evidence. I am pretty certain this case both literally and figuratively, is just such a case. The lawyers representing three Somali killers who are charged with the murders of four Americans aboard a yacht off of the coast of East Africa, have now challenged the constitutionality of the death penalty. The attorneys have petitioned a federal judge to stop the prosecution from seeking the death penalty, claiming it is unconstitutional.

There Have Been Only 3 Executions in the U.S. Federal Jurisdictions Since 1976

According to the Death Penalty Information Center, who is opposed to executions and collects data, said executions under federal law are not common. There have been over 1300 executions carried out, since 1976, only three of these have been carried out on a federal level, According to the Death Penalty Information Center.

Law Professor Jeff Bellin of William and Mary College said that the main reason that federal level executions are rare is because the worst crimes are usually covered by state law. He said there are not as many cases that fall under federal law. The attorneys for the Somali suspects, Ahmed Muse Salad, Abukar Osman Beyle, and Shani Nurani Shiekh Abrar, said in their court filing that even though there is infrequent use of the federal death penalty makes it unconstitutional and violates their client’s rights to due process and the protection of the law should be free from cruel and unusual punishment.

The filing said that being sentenced to death in the federal system is equivalent to being struck by lightning, even in the most extreme cases. The lawyers, who filed the death penalty argument, are representing the men stemming from the February 2011 hijacking of the yacht Quest and taking hostage four Americans, who they killed. The owners of the yacht Jean and Scott Adam of Marina del Rey California, Bob Riggle and Phyllis Macay of Seattle, Washington were the American’s kidnapped and killed. They were the first American’s to be killed in a piracy attack of the coast of east Africa. The vessel was boarded by 19 men that planned to ransom the hostages, several hundred miles south of Oman.

They are charged with 26 counts and out of these 22 are punishable by the death penalty. The trial, which they have pled not guilty, is set to begin in 2013. Twelve of the other men charged in connection with the case have either pled guilty or been convicted of piracy and sentenced to life in prison.
Prosecutors have not responded and U.S. Attorney’s Office spokesman Peter Carr declined to comment on the court filing.

Bellin, said the defense lawyers have broken very little new ground with their legal challenge. He said he does not want to disillusion them, but the legality of the arguments made in the motion are not new and have in the past generally been rejected by the court. Attorney General Eric Holder made the decision to seek the death penalty in the case in a filing by federal prosecutors, if the men are convicted. It was noted that the men killed or attempted to kill more than one person during the incident and endangered the U.S. military.

Prosecutors said the American’s were killed in needless and unnecessary manner. Prosecutors are hopeful that the conviction of the men will send other potential pirates to avoid boarding vessels carrying an American flag. I doubt it. These Muslim terrorists are brutal killers and consider it their duty to die in the name of Islam. Killing an American is top on the list to getting 70 virgins when you die. So whatever.

Sources:
http://losangeles.cbslocal.com/tag/jean-adam/

http://marinadelrey.patch.com/articles/somali-pirates-defense-lawyers-argue-death-penalty-unconstitutional

http://steinbergfiles.com/?page_id=825

September Means Sports Injuries

September is here and that means cooler weather, classes starting and sports seasons beginning. As an ex-football player who injured himself, I realize now how dangerous some sporting events can be for the participants. Over my career, I suffered numerous orthopedic injuries including knee injuries, neck injuries and back injuries from which I still suffer from some symptoms. Some people injured in playtime, ask: “Can I Sue”. In this article, William Hurst, Esq. goes in depth on this very issue.

The CDC Estimates

The CDC estimates that high school athletes account for an estimated 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations annually. According to the American Heart Association, there are approximately 4.6 sports-related deaths per million population each year.

High School Athletes

Keep in mind that those statistics reflect only high school athletes not to mention little league and college sports. A common injury found among athletes is a head or brain injury which includes concussions. Sports related head injuries including traumatic brain injuries are among the most common attributing for nearly “21 percent of all traumatic brain injuries among American children and adolescents.”

Traumatic Brain Injury

A Traumatic Brain Injury is generally defined as a sudden trauma to the brain which can be caused when your head hits an object, an object pierces brain tissue or it may be a “closed head” injury such as a concussion. Symptoms of a head injury or concussion may include dizziness, headaches, loss of balance, concentration issues, memory loss, problems with sensory perception like blurred vision, sensitivity to light or sound, problems sleeping and sudden mood changes.

Most Injuries Happen in Training Practice

Most organized sports related injuries (62 percent) occur during practices rather than games. Despite this fact, a third of parents often do not take the same safety precautions during their child’s practices as they would for a game. This should be a concern for parents that cannot make it to practices because of work or other obligations.

Football

Football is a sport involving practice many days a week and parents should be sure that they are educated and informed about injuries; and in particular concussions. Alabama recently enacted a law requiring recreational or youth organizations inform the coaches and parents about the risks of concussions and other brain injuries. It also states that sports or recreational organizations must ensure that coaches receive annual training on recognizing symptoms of a concussion and how to seek appropriate medical attention. The recent law even requires athletes with a previous head injury to receive approval from a licensed physician before re-entering the sport! According to an American Association of Neurological Surgeons (AANS) study utilizing CPSC data, there were 46,948 football related brain injuries and 446,788 sports related brain injuries.

While parents may not be able to attend every practice you can help prevent head injuries by doing some things such as:

1. Make sure they are wearing a molded mouthpiece
2. Parents should always check your children’s pads and make sure they fit properly.
3. Shoulder pads should be tight and completely cover the shoulders.
4. The ear pads should be snug but not too tight on the ears.
5. Check the air inside the helmet pads, the pads should not crumple to the touch.

Sports related head injuries have been a topic of major concern lately. On July 17, 2012, football related injuries entered the legal arena when a panel of Federal Court Judges decided to consolidate the many concussion related claims against Riddell (a helmet and pad manufacturer) into a single multi district litigation. The Plaintiffs’ (a group of retired NFL players) complaint alleges that Riddell inaccurately marketed their “Revolution” helmet as safer because it reduced the risk of concussion by 31% and players are currently suffering from the long term effects of a head injury. Additionally, the players have included design and manufacturing defect claims against Riddell.

While serious football related injuries include for the most part hip and knee injuries, orthopedic injuries, spinal injuries and even death, the current focus seems to be on the prevention of head injuries especially concussions.

So what should you do if you or your child is injured in an Indiana sports related accident? In Indiana it depends on whether the other party’s behavior was reasonable. In 2011, the Indiana Supreme Court decided Pfenning v. Lineman a case where a sixteen year old girl was struck by an errant golf ball while she was riding in a golf cart causing her multiple facial fractures, permanent disfigurement and other personal injuries. The Court stated that a golfer hitting an errant drive which struck the girl in the golf cart was within the range of ordinary behavior and as a matter of law not considered a breach of duty required in successful negligence actions. They went on to state that “in negligence claims against a participant in a sports activity, if the conduct of such participant is within the range of ordinary behavior of participants in the sport, the conduct is reasonable as a matter of law and does not constitute a breach of duty.” However, they did state that a participant may breach their duty if the behavior is reckless or intentional.

What Courts Say About Getting Money for These Injuries

The Indiana Pfenning court looked at other States and found similar decisions. They stated, “many have adopted some variety of the general formulation that no duty is owed by a sports participant except to refrain from intentional injury or reckless conduct” including California, New York, Utah, & Texas. The Court went on to say that even more States have come to the same “no duty” conclusion but for public policy reasons including States: Massachusetts, Montana, Illinois, New Jersey, New Mexico, and Ohio.

Regardless, if you, your child or a loved one has suffered a serious sports injury then you should seek immediate medical attention. In cases of a head injury, the subtle symptoms can be difficult to recognize so educating yourself is important. There is a wealth of information on the Internet and when in doubt seek professional assistance from a medical doctor.

Ask An Attorney

If you or a loved one has suffered an Indiana sports related injury due to the intentional or reckless conduct of another person, then contact the Law Office of William W Hurst. We have over 35 years of experience handling sports injury cases and will review your case for free. If you are out of state call 1-800-636-0808.

www.indianapolisabogado.com

Ex-Seal’s Book Called Assault by Ventura’s Lawyers

Pink Jesse

Former Frogman and alleged Navy Seal Sues a Real SEAL for Slander

Looks like the “Body” has filed a tort claim against a Navy Seal who allegedly knocked him out. Jesse Ventura the former pro wrestler and politician’s attorneys claim that an account of a bar fight by ex-Navy SEAL Chris Kyle. Ventura’s lawyers say the account of a bar fight that involved the former Minnesota governor is completely made-up.

Ventura filed the claim, suing Chris Kyle in St. Paul federal court. The former wrestlers claim states that in Kyle’s memoir “American Sniper” the entry discussing a bar fight that allegedly occurred in 2006, over unpatriotic remarks, defamed Ventura. Kyle’s lawyers filed a motion that seeks to compel Ventura to detail how this part of the book defamed him. Lawyers for Ventura responded by stating the book is a “vicious, calculated assault on both Ventura’s honor and character, as well as his reputation.

The section of the book Ventura’s claim involves, alleges that he said SEALS were killing people in Iraq and went on to say the SEALS deserved to lose a few. Attorneys for Kyle have filed motions to dismiss two of Ventura’s other claims in the lawsuit.