On July 15, 2016, Cohen Milstein Sellers & Toll PLLC led by Attorney and Partner Theodore J. Leopold, resolved a closely watched lawsuit against the Japanese company and airbag maker, Takata, involving... the injury and eventual death of a woman whose car was involved in a minor accident in 2014.The resolution was announced moments before a critical hearing in which a judge in Jacksonville, Fla., could have considered allowing punitive damages and for the company’s chief executive, Shigehisa Takada, to submit a civil deposition.
Brain injury
Fuse v. Palm Tran, Inc.
Mar 31, 2016
OUTCOME: Settlement
A lawsuit filed in Palm Beach County Circuit Court alleges a five-year-old disabled child (“Z.C.”) suffered permanent brain damage during transport on the Palm Tran Connection service for disabled and ...elderly patrons when the driver ignored calls for help, failed to provide first aid, and delayed critical access to care and emergency medical personnel. The complaint further alleges that The Arc, a charter school for severely disabled children in Riviera Beach, failed to provide an appropriate chaperone, a service that was promised to ensure Z.C. would have proper care and supervision during transport.
On Sept. 3, 2013, Z.C., who suffered from medical conditions, including cerebral palsy, seizures, and mental retardation, was on her way to school when she started to show signs of distress. A passenger alerted the driver that the child needed attention, but the driver neglected to offer any aid and continued driving without prioritizing her needs. A second urging from the same passenger alerted the driver that the child had stopped breathing, which finally prompted her to pull over, but instead of immediately calling for emergency services, she called the dispatcher, further delaying access to critically needed care. By the time emergency services were finally alerted to the scene, Z.C., who had not been breathing for approximately 15 minutes, had to be resuscitated and transported to the hospital, where she remained for two weeks.
Adam Langino, an attorney at Cohen Milstein Sellers & Toll PLLC is representing Z.C. and her mother Mikeisha Fuse. “The diagnosis for Z.C. is grim, as her brain was deprived of oxygen for approximately 15 minutes, resulting in permanent, catastrophic injuries and intensification of her existing medical conditions,” Langino stated upon filing the case today. “This child has already had to endure so much in order to survive, and it is tragic that professionals entrusted to her care made no effort to timely call 911 or provide her first aid. A simple call or simple aid could have changed this outcome.”
Defendant Metro Mobility, the company contracted to provide transportation services for the disabled, was commissioned by Palm Beach County on August 13, 2012. Over the past two years, the company has drawn numerous complaints from riders and has been fined at least $2.5 million dollars for contract violations such as late-arriving and non-showing transportation, long rides, and lost drivers.
“The county has failed to timely take action despite the company’s documented record of failures and fines, and now a child has paid the ultimate price for their negligence,” Langino added.
Defective and dangerous products
Quinlan v. Toyota
Nov 02, 2015
OUTCOME: Settlement
A lawsuit has been filed against Toyota alleging that a manufacturing defect caused the car driven by plaintiff Bret Quinlan to go out of control, resulting in catastrophic injuries which have rendered... him a quadriplegic. On July 17, 2011, Quinlan was operating a 2002 Toyota Camry, manufactured in Tennessee, on state route 551 when the vehicle suddenly went out of control and collided with a building in Orlando, Florida.
The case argues that Defendants intentionally concealed the role of electronic defects in incidents of unintended acceleration. According to the Plaintiff, although Defendants have publicly admitted to two mechanical defects that caused unintended acceleration (floor mats and sticky pedals), they failed to disclose that defects in the electronic throttle control system were also causing unintended acceleration.
“Bret Quinlan has suffered catastrophic life changing injuries at the hands of a manufacturer who was well aware of the risks they were placing on drivers,” stated Ted Leopold, Partner at Cohen Milstein and lead counsel in this lawsuit.
