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Indiana Trial Lawyers Association
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October 23, 2020

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LAX Airport Restaurant Employees File Class Claims for Withheld Wages
Denver Police Sued After 'Peacefully Protesting' Student Hit in Eye
Over 162,000 MorfBoard Scooters Recalled Due to Fall Hazard
Romir Talley's Family Files Suit Over His Death by Police
Jacksonville Jail Staff Accused of Ignoring Woman's Withdrawal That Led to Death
Defendants Allege Arson in Deadly San Marcos Apartment Fire
Settlment Reached in 2016 Death of South Carolina High School Football Player

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Class Action

LAX Airport Restaurant Employees File Class Claims for Withheld Wages

On October 15, 2020, airport food supplier, Host International Inc., was served with proposed class claims in California Superior Court in the County of Los Angeles. A group of former Host International employees allege that the company failed to pay past wages and accrued vacation time owed to the former employees, despite being aware of the dire economic circumstances many of them faced in the wake of the COVID-19 pandemic and subsequent shutdown.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 10/23/2020

Read Article: Counsel Financial

Laws/Cases

Denver Police Sued After 'Peacefully Protesting' Student Hit in Eye

The Denver Police Department has been named in a lawsuit over a student's injuries during a protest over the death of George Floyd. The plaintiff was shot in the eye with a 44mm baton round fired by DPD officers as he was "peacefully protesting." According to his lawsuit, there was no curfew in place and no imminent threat of violence at the time of the protest. The lawsuit names the City and County of Denver, DPD Chief Paul Pazen and five unnamed DPD officers as defendants.
Janet Oravetz, 9NEWS - Colorado 10/22/2020

Read Article: 9NEWS - Colorado

Products

Over 162,000 MorfBoard Scooters Recalled Due to Fall Hazard

A recall has been issued on MorfBoard Skate & Scoot Combo scooters with “Y” handlebars due to a fall hazard. Jakks Pacific issued the recall after finding that the "Y" handlebar joint on the scooter can break, posing a fall hazard to riders. The company is aware of 18 reports of incidents in which the "Y" joint broke, including one injury to a child. The scooters were available for sale at Walmart, Target, Toys R Us, Meijer, BJ’s Wholesale Club stores nationwide and online at Amazon.com and morfboard.com from February 2018 through August 2020. Over 162,000 scooters are included in the recall.
Staff Report, PR Newswire 10/21/2020

Read Article: PR Newswire

Wrongful Death

Romir Talley's Family Files Suit Over His Death by Police

An excessive force lawsuit has been filed by the family of Romir Talley, a black man who was fatally shot by a Wilkinsburg, Pennsylvania, police officer in December of last year. The family alleges the officer's report of what happened on the night of Romir's death does not match witness or EMS reports. After receiving a call about a black man pulling a gun on another person, the "the Wilkinsburg officers followed the wrong person down an alley," alleges the lawsuit.
Staff Report, CBS - Pittsburgh 10/22/2020

Read Article: CBS - Pittsburgh

Jacksonville Jail Staff Accused of Ignoring Woman's Withdrawal That Led to Death

A lawsuit has been filed over the death of a woman in the custody of the sheriff's office of Jacksonville, Florida. The lawsuit states that the 28-year-old woman died at the Duval County Jail in April 2018 because she did not receive proper medical care. As alleged in the complaint, the woman's initial health screening showed she was a drug addict who had previously suffered withdrawal seizures. Despite the results, jail staff ignored the woman's severe withdrawal symptoms that led to her death, alleges the lawsuit filed against the Jacksonville Sheriff's Office and ARMOR Correctional Health Services.
Staff Report, First Coast News 10/16/2020

Read Article: First Coast News

Defendants Allege Arson in Deadly San Marcos Apartment Fire

The defendants in civil lawsuits over a fatal apartment complex fire in San Marcos, Texas, have accused a Medina County man of causing the fire. The owners and managers of Iconic Village Apartments and others named as defendants have denied liability in the fire that killed five people. They are asking a state district judge to designate the 31-year-old man whom they say started the fire as a "responsible third party." In a court filing, the defendants stated the man "intentionally, maliciously or negligently caused the fire at issue in this case and is therefore responsible for plaintiffs’ alleged injuries and damages."
Peggy O’Hare, San Antonio Express News 10/22/2020

Read Article: San Antonio Express News

Settlment Reached in 2016 Death of South Carolina High School Football Player

A settlement has been reached in a lawsuit filed over the death of a South Carolina high school football player. The student died four years ago following a football practice at River Bluff High School. According to the lawsuit, the 14-year-old collapsed on Aug. 10, 2016, following a football practice in which coaches punished the team with strenuous exercises in heat that approached triple digits. The terms of the settlement have not been disclosed.
Noah Feit, The State 10/20/2020

Read Article: The State

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