Premises Liability News

Sidewalk Liability Suits Curbed Against Mostly Residential Condo Associations
Primarily residential condominium associations can't be sued for injuries on adjoining public sidewalks, a New Jersey appeals court has found. The opinion is the latest in a string of cases that have created a double standard of property owner liability resulting from poorly maintained abutting sidewalks. That the condo complex in question was residential, owner-occupied and run by a nonprofit association, which was unable to spread the risk of loss by increasing fees or charges, were all factors that went into the court's decision to affirm a grant of summary judgment dismissing the claims. The plaintiff claimed he hurt his ankle and leg when he slipped and fell on the public sidewalk outside a 104-unit complex, alleging a sheet of black ice covered most of the sidewalk and a pile of snow reached up over the curb and partially onto the sidewalk. The condo company, which was responsible for maintaining the sidewalk, had hired a property management company, which contracted for snow-plowing services with another company. The man sued all three for negligence and named the city as a defendant, claiming it failed to enforce an ordinance requiring property owners to clear away ice and snow within six hours. A Superior Court judge granted summary judgment, dismissing all defendants except the snow-plow company, which then settled for an undisclosed amount. The condo company was let out of the case based on the judge's conclusion that it was not a commercial entity for purposes of sidewalk liability.

Philadelphia Recreation Workers Bribed for Dangerous After-Hours Swims
A teenage boy and his mother are suing the City of Philadelphia, claiming that the 16-year-old nearly drowned after a Recreation Department worker took money to let a group of kids swim after hours. The suit seeks damages in excess of $50,000. The illegal pool time almost turned tragic when the boy allegedly paid $2 to swim after hours with no lifeguards or supervision in 2008. Though he knew how to swim, he was knocked unconscious after diving into the pool and hitting his head on the bottom. After the group of about 30 kids were told their time was up and they began to leave, they told an unnamed pool worker that the boy was still in the pool. When he didn't move, two girls dove in the water and performed CPR, while the employee refused to help or call for medical assistance. He was then taken to the hospital for severe lung damage.

Court OKs State Tort Action by Airline Passenger
In a setback for airlines, a federal appeals court has ruled that a passenger who falls while disembarking from a plane has a right to sue under state tort laws because the pre-emptive effects of the Federal Aviation Act do not apply once a plane has come to a complete stop at its destination. A unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals clarified the meaning of a 1999 decision and explained that seemingly broad language in that ruling nonetheless has limits. "Although we stated that the Aviation Act preempts 'the entire field of aviation safety' from state regulation, we hold that the 'field of aviation safety' does not include a flight crew's oversight of the disembarkation of passengers once a plane has come to a complete stop at its destination," the panel found. The appellate court concluded that a judge had erred by granting summary judgment in favor of the airline on a man's negligence claim stemming from his 2004 fall while exiting a commuter jet. His leg was amputated above the knee in 1978, and he relies on a pair of crutches to walk. When he boarded the flight in Boston, he had no difficulty ascending the stairs from the tarmac to the cabin. But the descent proved more difficult, because the staircase on the jet had a railing only on the left side. Although he recognized that he "needed assistance" to descend the staircase, he testified that he chose not to request help because he believed the only aid the airline could offer would be to carry him down the stairs. However, he would have accepted the assistance of a wheelchair or an electronic lift if he had known that such assistance was available. As he began to descend the stairs, he lost his balance and fell off the staircase, striking his shoulder on the pavement, resulting in severe injuries, including torn cartilage in his shoulder that required surgical repair.

Ocean Swimming Can Make You Sick
A new study by Florida scientists trying to account for pollution suggests that staying out of the water might keep you healthier than going for a dip. Even in waters with no known impurities, swimmers were more likely to get sick than sunbathers who stayed on the shore. Scientists sent 1,303 adults to a beach near Miami, a site known for its pristine waters. Half were told to stay dry and the other half were sent to swim. Within a week, it was clear that going in the water took a toll on the bathers. Swimmers were 1.76 times as likely to report stomach troubles; 4.46 times more likely to report illnesses with fevers, sniffles and sore throats; and 5.91 times more likely to report itching, rashes and other skin woes. Scientists aren't sure what causes the illnesses, but they suspect enterococcus bacteria, which is normally found in the feces of people and animals, is to blame. Health officials typically detect the bacteria in waters sullied by sewage spills, but they were surprised to find it - sometimes in high concentrations - in a beach area without known contamination. The findings raise troubling questions about public beach water monitoring in the absence of known sewage spills and about whether - and when - it's necessary to warn people about potential health problems.

No Link Seen Between Cell Phone Towers and Cancer
Children who live close to a mobile phone tower don't appear to be at any higher risk of cancer than those who don't live in the neighborhood, a new study says. British researchers analyzed all 1,397 cancer cases in children up to age 4 from 1999 to 2001 in the United Kingdom. They compared those children to 5,588 similar children who didn't get cancer. Next, they looked at how close the children lived to a mobile phone base station when they were born, as well as the expected amount of power produced by the closest tower. Children who got cancer were living about 1,211 yards away from a mobile phone tower, whereas the children who didn't get cancer were living about 1,174 yards away. For children who got cancer, researchers estimated the nearest cell phone towers were emitting about 2.89 kilowatts of power, versus about 3 kilowatts from the towers close to kids who didn't get sick.

1 in 8 Pools Closed for Being Too Dirty
A new government report shows one in eight public swimming pools were shut down two years ago because of dirty water or other problems, like missing safety equipment. Kiddie pools were most likely to be the germiest, from fecal matter and improper chlorination. The report is based on more than 120,000 inspections of public swimming pools in 2008, including those in parks and hotels. Each year, between 15 and 20 outbreaks from stomach bugs are blamed on pools, according to the Centers for Disease and Control. Studies suggest a quarter of them are caused by bacteria, viruses or parasites that should have been killed by proper pool treatment and chlorination.

Danger Underfoot: Many Hurt Tripping Over Pets
Dogs and cats are a lurking household danger, according to a new report showing the pets cause all kinds of injuries related to falls. The pet trips - estimated at more than 80,000 a year - occurred while people were chasing after them, stepping over them, breaking up a Fido fight, and other scenarios. Dogs are the biggest hazard. Those injured noted various circumstances for their injuries, including: "tripped while crossing the street with their dog," "fainted while training her dog," and "walking dog and fell up steps," among other circumstances. The results come from a nationally representative sample of emergency department visits to about 60 hospitals from 2001 to 2006, finding some 7,456 records were linked to pet-related falls. From this, the researchers calculated the national estimate would reach 86,629 for fall injuries associated with cats and dogs in the United States in 2006. Though an alarming number, it's just 1 percent of the 8 million fall injuries treated in emergency departments. Even though cats are known to follow at your heels, or right beneath your feet, dogs were involved in nearly 7.5 times as many injuries as cats.

New Jersey Shopping Center to Pay $10.3 Million in Premises Liability Suit
A New Jersey man who suffered a head injury in a shopping center accident accepted $10.3 million to settle his lawsuit. In 2008, he was leaning on a metal railing on an elevated walkway outside a store at a shopping plaza when the railing gave way. He fell four feet to the pavement below, hitting his head. The railing had broken the day before, but the shopping center used wire to hold it together and did not post warning signs. The man suffered three fractured vertebrae and repairing them required implantation of metal plates. He dislocated his left shoulder, which required an operation, and suffered nerve problems in his feet from walking on crutches. He also lost hearing in his left ear. After the fall, he became disoriented, behaved childishly and lost control of urination. Though MRI tests showed no bleeding on the brain, medical experts attributed his medical problems to a closed-head injury. Now 42, the man has had to give up his job as a warehouseman.

Public Swimming Ups Risk of Stomach Bugs
A dip in the public pool or local lake may boost people's odds of catching a case of "stomach flu," a new study shows. Australian researchers found that among more than 2,800 adults and children they followed for 15 months, participants were somewhat more likely to develop gastroenteritis in the week or two after a public swim. Gastroenteritis refers to inflammation in the gastrointestinal tract caused by viral, bacterial or parasitic infection. The symptoms - what people commonly identify as "stomach flu" - include abdominal pain, vomiting, diarrhea and fever. In the study, participants' gastroenteritis risk was about one-quarter higher in the one to two weeks after a visit to a public pool or spa, versus other weeks. The odds went up 77 percent, on average, in the week after a swim in a river or lake, while a similar increase was seen among adults who had taken an ocean dip in the past two weeks.

Jury Sides with Movie Theater Chain in Suit Over 'Wet Floor' Sign
A movie theater chain that lost a trip-and-fall case before a unanimous Georgia Supreme Court earlier this year has been redeemed by a Georgia jury. The jury decided that AMC is not liable to a woman who claimed she was injured after tripping on a 'wet floor' sign at the company's theater. The plaintiff had visited the AMC theater on Christmas Day in 2003, a traditionally busy day of the year for movie theaters. A few minutes before the movie ended, an AMC employee set up an A-frame "wet floor" sign over a small spill about 10 to 20 paces outside the auditorium door. By the time the plaintiff reached the sign, it had fallen over and was lying flat on the floor. Her vision was obstructed by the mass of people around her, and her toe caught in the sign's handle and she fell to the floor. She and her husband then filed suit. The Supreme Court ruled that a 1997 Supreme Court decision meant that routine issues of slip-and-fall and trip-and-fall cases - such as how closely a retailer should monitor is premises and how vigilant patrons must be for their own safety in various settings - must be answered by juries, not judges. The plaintiffs have argued that there were alternatives to the "wet floor" sign AMC had used, such as a more stable sign that's knocked over less easily and a rope line barrier around a sign. However, the jury agreed with the defendants' argument that the "wet floor" sign used in this case was the standard sign that everyone sees everywhere they go. The two sides also argued over whether the plaintiff's back injury was caused by the fall. The plaintiff argued that she suffered a broken foot, dislocated toe, and back injury that led to surgery two years later. She asked for $383,000 to cover pain and suffering, medical expenses and loss of consortium for her husband. The jury was unable to differentiate between the plaintiff's back injury and another that she had suffered separate from the incident.

State Closes Day Care Center After Children Wander Away
The state has closed a West Mifflin day care center after four toddlers, all age 3 or younger, walked 200 yards from the building and were found on the side of a busy road by two passing truckers. The Department of Public Welfare closed the day care for "gross incompetence, negligence and misconduct." According to the state, the four children walked through an open door in the gym towards a busy road. No one at the center realized the children were missing. In addition to the incident itself, inspectors determined that the staff improperly propped open the door for ventilation and didn't have enough staffers to watch all the children. The order also said there was a hazardous construction site outside the building, which the children walked through, and that the facility had a broken table with sharp edges that could be dangerous to children.

Study Warns of Hazards for Elderly Using Walking Aids
About 47,000 older Americans are treated in emergency rooms each year from falls associated with walkers and canes, according to a study that suggests that there is room for improvement in the use and design of walking aids. The study found that 87 percent of fall injuries involved walkers and 12 percent involved canes. Researchers examined emergency room medical records at 66 hospitals from 2001 to 2006. They focused on patients 65 and older who had been treated for 3,932 nonfatal, unintentional fall injuries in which a cane or a walker was involved. A statistical analysis estimates that there are 47,312 falls a year. The study found that fractures, bruises and abrasions were the most common injuries associated with the falls. Almost a third of all injuries were to the lower trunk, including the hips. Sixty percent of fall injuries associated with walkers and canes occurred at home, while 16 percent of falls involving a walker occurred at nursing homes.

In Some Swimming Pools Lurks Nasty Intestinal Parasite
Reports of gastrointestinal illness from use of public pools and water parks have risen sharply in recent years, according to the Centers for the Disease Control and Prevention. The leading culprit is a microscopic organism that lives in human feces. Called cryptosporidium, it is a parasite transmitted in an egglike shell that can survive as long as 10 days even in chlorinated water. In 2007, the last year for which statistics are available, it was responsible for 31 recreational water outbreaks involving 3,726 people, up from 7 outbreaks and 567 people in 2004. Health officials say the reasons are unclear, but it could either be an increase in incidence or an increase in reporting.

Ex-Inmates Sue Northampton County Prison for Skin Disease
Four men have filed federal lawsuits against Northampton County Prison and their health care provider, claiming they were not properly cared for after contracting methicillin-resistant staphylococcus. The four inmates joined others who have brought similar lawsuits against the prison and its medical provider. The men claim the conditions inside the prison led them to contract the skin disease and that they were not properly cared for after reporting the symptoms.

10 Day Care Kids Drink Windshield Fluid
Ten children at an Arkansas day care center drank windshield wiper fluid after the owner served it from a container mistaken for Kool-Aid and placed in a refrigerator. The day care owner voluntarily surrendered her state license. Doctors estimate the children, ages 2 to 7, drank about an ounce of the blue fluid before realizing it tasted wrong. Only one child remained hospitalized in good condition after blood samples showed "measurable levels" of methanol, a highly toxic alcohol that can induce comas and cause blindness. In moderate cases, it can cause nausea, vomiting, staggering and sleepiness. The owner bought the windshield wiper fluid with several other items on a recent shopping trip. The windshield wiper fluid was mistakenly grabbed and thought to be Kool-Aid and put in the refrigerator.

Defendant's Suit Alleges Rights Violated in County Lockup
A murderer has filed a federal lawsuit against a Cambria County jail, claiming he was kept naked and in solitary confinement for five days on orders of the warden. The warden denies the claims, and said that if an inmate is a suicide or security risk, the inmate is not given regular prison clothing, but is instead given a security smock or a safety smock. The warden didn't recall the inmate being placed on either type of watch, though. The inmate pleaded guilty to third-degree murder in the shooting death of another man who was supposedly purchasing cocaine from him. The inmate claims his constitutional rights were violated and is asked for $850,000 in the suit against Cambria County Prison. He also claims that he was not allowed to exercise on a daily basis and that his outgoing mail was searched.

Day Care Owner Sentenced to Prison for Boy's Death
The owner of a day care center who pleaded guilty to involuntary manslaughter and obstruction of justice has been sentenced to serve one to two years in a state correctional facility for the death of a 1-year-old boy. The owner ran a licensed day care center out of her house. The boy was dropped off at the day care center by his mother at 9:30. He was discovered to be unresponsive at 10:00 by the owner, who initially claimed she had put the boy in a playpen where she later found him. Later, police interviewed a 12-year-old who was at the day care center during the incident. The 12-year-old said that a 9-year-old has placed the boy in a playpen and then placed a board on top in an effort to contain the child. The boy apparently tried to push the board out of the way in an attempt to get out when the board and other items fell on him, pinning him to the floor and causing him to die of asphyxiation. The owner lied to police, claiming that the boy was in a room adjacent to the kitchen, when he was in fact in the basement unattended.

Parents of Boy Killed by Health Aide Sue Facility's Officials
The parents of a 13-year-old autistic and mentally disabled boy who was smothered to death by an employee of a New York-run residential treatment center have filed a federal lawsuit against several of the facility's officials and employees. The boy died while in a van on an outgoing trip to a mall. A health aide attempted to restrain him by sitting on his chest and putting a hand over his mouth while a fellow employee looked on, suffocating him. His parents claim that the same employee assaulted their son on at least three previous occasions but that facility officials and workers covered up the attacks. They further maintain that employees were overworked, under-trained, under-supervised and ill-suited to care for disabled children. The employee in question was convicted of second-degree manslaughter and is serving five to 15 years in prison.

New Safety Law Pushes Pools to Retrofit
Public pools needed to comply with the Virginia Graeme Baker Act, which requires covers that would prevent people from being caught in a drain's suction apparatus, by December 19. However, many public pools are having difficult complying. Facilities with larger pools, such as gyms and YMCAs, can't find covers in the larger sizes they need. Also, drain covers that meet the new standards weren't on the market until late last year. Lawmakers understand the difficulty, but maintain that the dangers to the public outweigh any frustration. Over the past two decades, 36 people have died in 147 documented entrapment incidents in swimming pools and spas.

Mother Wants Explanation for Jail Suicide
A 21-year-old man, who was under the influence of quaaludes, heroin and insulin, was arrested after trying to rob a gas station. After he was brought to a local jail, he hanged himself with his bed sheets. His mother is demanding answers from police and prison officials. She wants to know what could have been done to prevent her son's suicide. She alleges that police should have taken her son to a hospital after observing his obvious intoxication. Instead, he was arrested, booked and placed in a holding cell. Police and prison officials claim that there was no negligence on the part of those in charge of attending to the man while he was in custody. They maintain that he showed no indications that he was suicidal. Police even contend that they spoke in detail with him about turning his life around and then stopped by his home so he could pick up medications for his diabetes.

Records Dispute in Rooftop Death Settled
A special master will determine how to divvy up disputes records in a three-way lawsuit over a patient's hospital rooftop death. Lawyers for the hospital, a former employee and the family of the deceased woman agreed to settle the matter after hours of negotiations. The appointment of the special master also ended a pending lawsuit against a former hospital security employee who was accused of taking confidential records. He was subsequently dismissed from his job and sued, while he sued the hospital for wrongful termination. The final lawsuit was filed by the family of an 89-year-old dementia patient who wandered from her hospital room and was found dead the next morning on the hospital roof.

Emotional Distress Claims Allowed in Suit Against GE Over Toxic Building
A New Jersey judge has turned back an attempt to dismiss a toxic-tort suit over a mercury-contaminated building, rejecting defense arguments that the plaintiff's expert's proof of emotional distress were inadmissible net opinions. The case concerns former owners and residents of a Hoboken building. They are seeking damages from GE, a previous owner of the building. The plaintiffs claim physical injury and emotional distress allegedly caused by contamination so severe that authorities ordered them to evacuate the building. For more than 50 years, GE manufactured mercury vapor lamps at the residence. The plaintiffs were among a group of artists who pooled their resources to buy the five-story building in 1993 and during the next 18 months, converted it into 16 lofts. During renovations in 1995, puddles of mercury were found under the floor. The building was evacuated in 1996 when air monitoring revealed unsafe levels of mercury and urine tests detected elevated mercury in some residents. The plaintiffs then sued GE for property damage and personal injury. The judge in the case ultimately allowed emotional distress after many plaintiffs testified to their "gypsy-like" existence and the bombardment of media attention.

State May Compensate Juveniles Sentenced by Judges in Luzerne
State lawmakers are seeking ways to compensate children sent to detention centers by a pair of Luzerne County judges charged with taking kickbacks for sending juvenile defendants to facilities in Luzerne and Butler Counties. Senate Judiciary Committee Chairman Stewart Greenleaf said he would hold a hearing to find ways to help the children and their families. One option is to provide money from the crime victims compensation fund. Two judges stand accused of taking $2.6 million for sending children to two facilities owned by a Pittsburgh businessman. Each judge could face prison terms of up to seven and three months.

Suit: Child Choked on Used Condom
A 22-month-old boy choked on a used condom in a hotel room in Mount Laurel, prompting his family to file suit against the hotel. During the family's stay, the toddler apparently found a used condom left behind by previous travelers in the room. The mother heard her child chewing and choking on the condom and tried to get it out, but he ingested the contents. The family's suit contends that a "life threatening" item was left in their room, which put the boy at risk of getting a "sexually transmitted disease, including HIV or AIDS, or some other potentially fatal illness." The boy had to undergo tests and faces more tests in the future. The suit alleges that the family, including both parents and three other children, have subsequently suffered mental distress.

Lebanon Child Care Center Appeal State Order to Close
Covenant Christian Child Care Center will be appealing the state's revocation of its license for allowing two toddlers who walked out of the building unaccompanied last December. The state Department of Public Welfare revoked the license after two 2-year-old boys were found outside the center by a neighbor. DPW contends that the boys were found on the street, while the center contends the boys were found in the center's parking lot. The center decided to file the appeal after taking steps to prevent such an incident from happening again, including installing alarms on the doors and firing the staff who had been in charge of supervising the boys.

Diners to Get a Quick Guide to Cleanliness
For the first time, the New York City Department of Health and Mental Hygiene will compel the city's nearly 25,000 restaurants to publicly post inspectors' cleanliness ratings, which have previously been available only online or at the department. Rating signs, to be supplied by the city, will be required to be visible from the street, either in a restaurant window or vestibule. The agency also plans to switch to a letter-grade system similar to that used for years in Los Angeles. The new rules, which will be part of a broad revamping of inspections, will be put in place over the next two years, giving restaurant operators time to comply.

Jailhouse Suicide Under Investigation
A 49-year-old Norristown man asphyxiated himself with his boxer shorts while being held in a Norristown Police Department jail cell. The death is currently under investigation by the district attorney. The man was arrested at a mini mart after police received complaints about him bothering customers. He was allegedly "highly intoxicated" at the time of his arrest. He was then taken into custody and charged with public drunkenness and disorderly conduct and put in a jail cell. He was found dead several hours later.

Readings Confirm Suspicious of Unhealthy Air in Berks
Air monitoring stations in Reading and Kutztown have confirmed an air quality problem that a local environmental group has long suspected. Monitors detected spikes in levels of fine airborne particulate matter such as dirt, dust and soot that twice caused air quality in Berks County to reach unhealthy levels. The spikes reached orange on the Environmental Protection Agency air quality scale. When particulates of that size build up to that concentration in the atmosphere, people with breathing problems are advised to avoid strenuous outdoor activity. The cause of the spikes remains unknown and is currently under investigation.

Legal Representation Sought Amid Day Care Investigation
Several parents and a former employee of the YMCA Child Development Center in South Connellsville have retained an attorney in an investigation of alleged abuse at the facility in which children were fed alum. The attorney is representing both parents whose children were alleged abused and the worker who informed parents of the actions of other employees. Alum, an odorless white crystal or powder, is used in baking powder, as a pickling salt, as a fire retardant and as an antiperspirant and can cause abdominal pain, nausea and vomiting. The attorney said that at least four children and as many as eight, all ages 3 to 6, may have been given alum as a form of discipline since August. The employee who blew the whistle on the abuse was fired shortly after she told parents and authorities about the abuse.

Another Jail Death and Mounting Questions
A German-born man died in November as an immigration detainee of a Virginia jail, his heart overtaken by an overwhelming bacterial infection. His family and fellow detainees say the infection went untreated, despite his mounting pleas for medical care in the 10 days before his death. Instead, after his calls for help grew insistent, guards threw him to the floor, dragged him away as he cried out in pain, and locked him in an isolation cell. He was found unresponsive in his cell several days later and died at a hospital the next day without ever regaining consciousness. A recent autopsy report cited a virulent staph infection as an underlying cause of his death from endocarditis, an infection of the heart valves that is typically cured with antibiotics. Accounts of his last days echo other cases of deaths in immigration custody, including one at the same jail in December 2006, which prompted a review by immigration officials that found the medical unit so lacking that they concluded, "Detainee health care is in jeopardy." But Immigration and Customs Enforcement never released those findings, even when asked about allegations of neglect in the death of the Guinea-born mechanic with no criminal record whose kidneys failed over several weeks. Instead, officials defended care in that case and other deaths as Congress and the news media questioned medical practices in the patchwork of county jails, private prisons and federal detention centers under contract to hold noncitizens while the government tries to deport them.

State Seeks to Close Day Care Facility
After a pair of 2-year-olds recently wandered out of the Covenant Christian Child Care Center in Lebanon, the state Department of Public Welfare is seeking to close the center. The center has until February to appeal the order and may stay open during the appeal period. In December, the two children were found on the street by a neighbor and were outside about 20 minutes. Day care personnel are required to see and hear as well as direct the activities of children at all times. This also isn't the first time the Department of Public Welfare has had problems with the center. In November, after an investigation, department officials said that the center did not have enough staff, that the children's hands were not washed before meals and that there was evidence of rodent and insect infestation. Previous inspections found problems with cleanliness, a lack of emergency training and incomplete information regarding children contacts and medical logs.

Inmate Charges Prison Guard with Sexual Attack and Threats
Having recently prevailed in a $185,000 judgment against the state Department of Correction, and inmate is back in U.S. District Court again this week. This time he is suing just one DOC employee who he accuses of sexually assaulting and threatening him at the State Correctional Institution Greene. Both men testified in the case, and the guard denied all allegations against him. The inmate had filed at least two grievances against the guard before the incident, both of which were denied. The incident in question happened when the guard was supposed to shackle the inmate's legs to escort him to the law library. Instead, the inmate claims that the guard fondled and squeezed his genitals and buttocks and put him in a chokehold. He also claimed that the guard threatened to kill him if he told anyone.

Butler County Trailer Park Must Shut by End of Month
A Butler County trailer park owner accused for years of polluting a stream with sewage water from a dilapidated treatment plant has been ordered to shut down the property. Four residents still live on the property, once home to about 30. The others began moving away last year after the state Department of Environmental Protection ordered the owner to shut down his sewage treatment plant by last summer. The DEP said that plant has long been discharging inadequately treated sewage into a tributary of McMurray Run in the Slippery Rock Creek watershed. The state claims the owner also ignored all attempts to get him to cooperate, forcing the DEP to take enforcement action. In 2005, the agency ordered him to hire an engineer and come up with a plan to fix the plant. He appealed, lost and took no action. In 2007, the DEP fined him $37,500 for 87 violations of the Clean Streams Law. He didn't pay the fine. After he rejected two court-approved settlement offers, the agency ordered him to decommission the plant. He appealed and didn't comply. The agency then sought to close the trailer park, which he finally assented to.

Smoking Ban Truly Hits Home
Belmont, California, a quiet Silicon Valley city, now has one of the nation's strictest antismoking laws. The city recently outlawed smoking in all apartment buildings. The ban was driven by a group of retirees from a government-subsidized retirement complex who lobbied the city to stop secondhand smoke from drifting into their apartments from their neighbors' places. Public health advocates are closely watching to see what happens in Belmont, seeing it as a new front in their national battle against tobacco, one that seeks to place limits on smoking in buildings where tenants share walls, ceilings and air. Not surprisingly, habitually health-conscious California has been ahead of the curve on the issue, with several other cities passing bans on smoking in most units in privately owned apartment buildings, but none has gone as far as Belmont, which prohibits smoking in any apartment that shares a floor or ceiling with another, including condominiums.

Girl Can Proceed with Secondhand-Smoke Suit Against Apartment Complex
A young girl with allergies and asthma can continue with a nuisance suit against a California apartment complex that permits smoking in its outdoor common areas, a state appeals court has ruled. The 2nd District Court of Appeals determined that the girl pleaded a case of public nuisance sufficient to withstand the apartment management company's assertion that there is no basis for a lawsuit even if the alleged facts are true. The court defined the key issue in the case as whether the company's failure to limit smoking breached its duty to keep its premises in a reasonably safe condition.  The girl maintains that her health condition is exacerbated by smoking in common outdoor areas, and that the apartment complex encouraged smoking by placing ashtrays in the outdoor common areas, allowing its employees to smoke in those areas, and refusing requests to ban or limit smoking there.

Report Faults Treatment of Women Held at Immigration Centers
Some 300 women held at immigration detention centers in Arizona face dangerous delays in health care and widespread mistreatment, according to a new study by the University of Arizona. The study, which federal immigration officials criticized as narrow and unsubstantiated, was conducted from August 2007 to August 2008. Researchers examined the conditions facing women in the process of deportation proceedings at three federal immigration centers in Arizona. The study concluded that immigration authorities were too aggressive in detaining the women, who rarely posed a flight risk, and that as a result, they experienced severe hardships, including a lack of prenatal care, treatment for cancer, ovarian cysts and other serious medical conditions, and in some cases being mixed in with federal prisoners.

State Investigating YMCA Daycare Center
The state Department of Public Welfare is investigating a day care center in Fayette County after receiving complaints that staffers gave children pickling salt containing a potentially toxic compound to discipline them. Five employees of the YMCA Child Development Center, including its director and child care providers, were suspended without pay for "not following proper discipline procedures." The complaint from a parent indicated that five children were being given alum "as a disciplinary measure." Alum can cause nausea, vomiting, abdominal pain and burning, and it is corrosive upon ingestion. One parent said he learned from another parent that his 3-year-old son was one of the children given alum. He asked his son what happens when he gets in trouble, and he said that the director puts powder in his mouth.

UPMC Suit Over Documents Ties to Woman's Death
Lawyers for the University of Pittsburgh Medical Center are seeking to block the family of a woman who died after wandering onto a hospital roof from accessing confidential security documents the hospital accuses a fired employee of taking. UPMC charges that the documents include sensitive information on patients and visitors, and that a security official fired in October took them without authorization. Court documents show that the former employee contends he was a whistleblower, let go from his job because he raised questions about "various security breaches." UPMC is seeking an emergency order to return the documents and overturn a subpoena for the records from lawyers for the deceased patient, who died on the roof of UPMC after wandering from her hospital room about 5 pm. A staff member found her the next morning. She was being treated for dementia and heart problems. Her family sued UPMC last month.

State DEP to Reinspect Coal Ash Dams
After the recent failure of two large dams containing coal ash in Tennessee and Alabama, the state Department of Environmental Protection announced it will reinspect all coal ash slurry dams and ponds in Pennsylvania. The field inspections of 10 coal ash dams large enough to require permits will be done by the end of the month and 31 other "high-hazard" coal waste impoundments will be inspected over the next six months. Coal ash comes from coal-fired power plants and the impoundments where it is stored can contain high levels of toxic chemicals that can contaminate ground water or, if a dam fails, bury nearby communities and pollute streams and rivers.

California Court Revives Secondhand Smoke Case Against Apartment Complex
An asthmatic 7-year-old girl's public nuisance suit against her family's apartment complex over secondhand smoke in outdoor common areas has been given the go-ahead. Los Angeles' 2nd District Court of Appeal ruled that the girl not only had standing to file suit as a tenant, but also raised serious allegations warranting further hearings. The complaint was filed by her parents in 2006, claiming that the apartment complex, which didn't permit smoking in indoor units and common areas, endangered the girl's health by permitting smoking in outdoor common areas, such as swimming pools, barbecues, playgrounds and dining facilities. The suit claimed that secondhand smoke exacerbated her asthma and allergy problems. The Appeals Court ruling reversed the order of a County Superior Court judge's to toss the suit, finding that there was insufficient evidence that the apartment complex created the nuisance and that the girl was a minor with no personal tenancy interest in the complex.

Courthouse Security Still Found Lacking
Three years after the murders of a Chicago federal judge's husband and mother, and the courthouse shooting of a Georgia state judge and his court reporter, judicial security in states remains fragmented and uneven. The shocking 2005 murders galvanized not only the federal judiciary, but also state court judges across the country, to begin reexamining security in courthouses and the personal protection of judges. Today, despite rapid improvements, serious holes remain in some areas, and the economic downturn may slow planned improvements, according to information from several state courts.

Inmate Death Lawsuit Settled Out of Court
The father of a heroin-addicted inmate who died in Bedford County Prison has settled his four-year lawsuit with the firm that provides health care to the inmates and a county prison official. The inmate was a 23-year-old admitted heroin addict who was placed in prison for a parole violation. When his condition deteriorated over a period of several days. Eventually he became dehydrated and unconscious, yet he was not hospitalized. At one point, he was even denied food and water. After the inmate died, his father filed a federal lawsuit against PrimeCare, two of its employees and the deputy warden of the prison.

New Rules on Drains Put Pools in Hot Water
The Virginia Graeme Baker Pool and Spa Safety Act, passed by Congress in 2007, was named for the 7-year-old granddaughter of former U.S. Secretary of State James Baker. She died in 2002 when trapped underwater by the suction of a hot-tub drain. The law requires the drain systems at public hot tubs and pools to meet strict standards which required many pool owners to buy additional parts to cover drains. Many are still confused by the law and have missed the deadline of December 2008. The cost to comply with the law is also expensive, ranging anywhere from $1,000 to $100,000.

Desert Gust Blows Health Risks from California Mines
Heaps of toxic mine waste rise like church steeples over this wind-swept desert town, threatening the health of residents and of thousands of off-road bikers. Tests on dust samples have revealed some of the highest arsenic levels in the country, as much as 460,000 times the level deemed safe by the federal government. But while the poison can cause cancer in people and harm wildlife, little has been done to remove the costly waste here or similar hazardous waste at thousands of other abandoned mines around the nation. Many worry that particles of arsenic scattered by the area's stiff wind could be slowly poisoning the estimated 300 residents of Randsburg, Johannesburg and Red Mountain in California.

Hospital May Face Lawsuit Over Woman's Death
The family of the 89-year-old woman who died on the roof of a Pittsburgh hospital has asked Common Please Court to give it access to reports from authorities regarding the woman's death. A writ of summons would allow the family to gather information to prepare a wrongful death lawsuit. The family is currently seeking subpoena power for investigative reports on the death prepared by the Allegheny County medical examiner, the district attorney's office, Pittsburgh police and the Department of Health. The woman, who suffered from dementia and heart problems and had a history of wandering, left her room through a fire exit. Her body was found the next morning by a maintenance worker with injures that suggested a fall. She was wearing only a hospital gown.

Businesses Must Install Anti-Drowning Drain Covers
Hotels and fitness centers must install new anti-drowning drain covers in their swimming pools and hot tubs or they will be forced to close under a sweeping law designed to prevent drain suction from trapping children under water. The rules apply to pools and spas used by the public, including municipal pools and those inside private clubs, hotels, apartment buildings and community centers. The improved drain systems were outlines in the Virginia Graeme Baker Pool and Safety Act passed by Congress a year ago. The issue received heightened attention after the 7-year-old granddaughter of former Secretary of State James A. Baker died when she was sucked into a spa drain in 2002.

Supreme Court Revives Former Guantanamo Detainees' Case
The U.S. Supreme Court breathed new life into a lawsuit filed by former detainees at Guantanamo Bay over alleged torture and abuse of their religious rights. The justices threw out an appeals court ruling that dismissed claims by four British men that, during their time at the U.S. naval base in Cuba, they were beaten, shackled in painful stress positions, threatened by dogs and subjected to extreme medical care. They also allege they were harassed while practicing their religion, including forced shaving of their beards, banning or interrupting their prayers, denying them copies of the Koran and prayer mats and throwing a copy of the Koran in a toilet. They contend in their lawsuit that the treatment violated the Religious Freedom Restoration Act, which provides that the "government shall not substantially burden a person's exercise of religion." The appeals court unanimously ruled against the former detainees, claiming that because they were aliens and not on U.S. soil, they do not fall within the definition of "person." The Supreme Court instructed the appeals court to reconsider the lawsuit in light their ruling that detainees have some rights under the U.S. Constitution.

Health Department Claims No Evidence of Cancer Cluster
The Pennsylvania Department of Health has closed its investigation into a cluster of childhood cancers near Tobyhanna after finding the number of cancers to be statistically in line with state averages. The department opened the investigation in the spring after a cluster of childhood cancers in the Pocono Mountain area were reported. At least six cases of cancer were diagnosed in less than two years among teenagers who live or once lived for a substantial period within a 7-mile radius. Four of the children have bone cancer, one has brain cancer and another has leukemia. One of the children has died, which the cancers in two others are in remission.

Day Care Could Close After Kids Wander Off
After two toddlers walked out of a day care center without being noticed, two employees have been suspended and a state investigation could shut the facility. The children, both 2, were found outside by a neighbor. If the center violated state regulations, it could lose its license and be closed. The workers were suspended without pay after the children went out a back door of the day care and remained outside for more than 20 minutes before being noticed. The day care was also cited this year for exceeding its staff to child ratio.

Top Bush Officials Unlikely to Face Personal Liability for 9/11 Detentions
The Supreme Court has already shown its skepticism of the Bush administration's war-on-terror policies through a series of rulings vindicating the rights of Guantanamo detainees and "enemy combatants." However, the Supreme Court seems unlikely to act on that skepticism and expose top government officials to personal liability for their role in ordering and administering a roundup of Arab-American and Muslims in the aftermath of the September 11 attacks. A Pakistani citizen, one of the 184 "high interest" suspects taken in, claims the policy was discriminatory and led to his mistreatment at a federal corrections center. The man is now seeking to hold former Attorney General John Ashcroft and former FBI Director Robert Mueller personally liable for violating his rights. The Supreme Court is still debating whether or not the two officials can be held liable, but recent arguments seemed to lean towards the government.

Daycare Provider Pleads Guilty in Infant Death
A woman who ran a licensed day care out of her house and was charged in connection with the death of a 1-year-old boy pleaded guilty to involuntary manslaughter and obstruction of justice. The baby was dropped off by his mother at the day care at 9:30 am, after which the child was found unresponsive shortly after 10 am. The day care provider first claimed that she placed the baby in a playpen and no other incidents occurred. However, a 12-year-old at the day care was interviewed and stated that another unsupervised 9-year-old child had placed a board on top of the playpen in an effort to contain the child, causing the child to die of asphyxiation.

Judge Backs Wind Farm in Noise Lawsuit
A Blair County judge has all but released Gamesa Energy as a defendant in a civil lawsuit filed by a Blair County couple alleged that noise from the turbines in a nearby wind farm make it difficult for them to sleep and is impacting their health and well-being. Meanwhile, the judge kept alive some portions of the lawsuit and left open the door for the couple to bring Gamesa back into the suit if they can prove fraudulent misrepresentative by the company. The couple argued that Gamesa officials were aware of the noise the windmills would make, but told township officials that a local ordinance providing a 2,000-foot set-back distance from homes was sufficient to protect residents.

Stadium Beer Vendor Liability Suit Settled for $25 Million
The beer refreshment vendor at Giants Stadium agreed to pay $25 million to settle the case of a girl paralyzed in a crash with a drunken football fan under an 18-month-old secret agreement that an appeals court unsealed at the request of a public advocacy group. The court ruled that the settlement paid by Aramark to the girl couldn't remain confidential because the girl's privacy was trumped by the presumption of open court records and the public interest in her tragic case. The girl, now a quadriplegic who needs a breathing tube, was injured in a crash caused by a drunken fan a few hours after a game. The fan testified later that vendors had served him while intoxicated and the case cast nationwide attention on the problem of binge drinking at American sports events.

Little Girl's Claims at Issue in High Court Case
A Massachusetts girl's awful experience on a school bus is at the heart of a case argued in the Supreme Court over limits on lawsuits about sex discrimination in education. The 5-year-old kindergarten student told her parents that a third-grade boy repeatedly made her lift her dress, pull down her underwear and spread her legs. Local police and the school system investigated, but found insufficient evidence and refused to remove the boy from the school bus or put a monitor on the bus. Upset with the school's response, her parents filed a lawsuit under Title IX, which bars sex discrimination at schools that receive federal money, and a provision of a Civil War era, anti-discrimination law that was designed to enforce the 14th Amendment's equal protection clause. At issue for the court is whether Title IX, enacted in 1972, rules out suits under the older provision.

State Closes Day Care Center
When a mother arrived at a Harrisburg day care center to pick up her 11-month-old son, she found the door locked and the lights out. No one was at the day care when the woman arrived at 6 p.m. Her baby had been left sleeping inside, prompting the state Department of Public Welfare to shut the day care down. The same day care center had been cited for four violations during its last inspection less than four months ago, which included not conducting criminal background checks on employees and not verifying child care training for employees.

State Tightens Child Care Regulations
After 16 years, Pennsylvania has updated its regulations for the child care industry. The regulations update health and safety requirements, require mandatory training for new providers and should enhance communication and information between parents and providers. Pennsylvania has about 9,000 child day care centers, group child homes and family care centers serving more than 300,000 children.

County Shells Out $1 Million to Settle Fatal Fall Suit
An Illinois county has paid $1 million to settle a wrongful-death lawsuit alleging a county-owned nursing home failed to prevent an Alzheimer's patient's fatal fall even after she had fallen several other times. The settlement is the largest ever in the county in a nursing home negligence case. The patient's daughter filed the suit in 2005. Her mother had Alzheimer's, an unsteady gait and poor balance. The nursing home failed to update the patient's care plan to address her risk for falls or to follow several interventions the plan required. Between March and October, the woman fell six times at the facility. After a particularly terrible fall, alarms were installed on the patient's bed and wheelchair; however, during her final, fatal fall, none of the alarm systems were in place or functioning properly.

Miners' Widows Settle West Virginia Fire Lawsuit
The widows of two men killed in a 2006 coal mine fire in West Virginia settled a wrongful death lawsuit against Massey Energy Co. The widows of the miners sued the company, its CEO and two subsidiaries. The two men died after getting lost in thick smoke from a conveyor belt fire. The lawsuit claimed the defendants knew or should have known that a series of problems at the mine, including a missing air control wall, could kill miners by allowing smoke to fill escape routes. It also claimed that the CEO was personally liable because he had strict control over activities at the mine.

First of Many Lawsuits Filed Over Minnesota Bridge Collapse
The first of what is expected to be many lawsuits stemming from the collapse of a Minnesota freeway bridge was filed recently. The suits were filed on behalf of three people who were injured and the family of one person who was killed when the bridge collapsed into the Mississippi River in 2007. The collapse killed 13 people and injured 150. The plaintiffs allege that the company in charge of conducting "fatigue analysis" of the bridge failed to take action despite documented bulging and buckling of the bridge. Another defendant in the case, PCI Corporation, is alleged to have placed an excessive load on the bridge after removing critical bridge deck elements.

Woman's Lawsuit Against Mall Goes to Trial
A woman who filed a civil lawsuit against a company that manages a Pittsburgh mall will finally see her case go to trial. The victim claims that the mall management company provided "wholly inadequate" security at the mall, leaving her vulnerable to a man who kidnapped her and later raped her three times. The woman and her husband are seeking monetary damages from the company. The woman was accosted in the parking lot of the mall while with her 16-month-old daughter after they had finished grocery shopping. The suspect then held a knife to the baby's throat and forced the woman to drive him to Ohio, where the rapes occurred.

Once Just an Aging Sign, Falls Merit Complex Care
Once considered an inevitable part of aging, falls are now recognized as complex, often preventable events with multiple causes and consequences, calling for a wide range of interventions, both psychological and physiological, that many patients never receive. Even falls that cause only minor injury need to be taken as seriously as diabetes because they can be a real warning sign that something serious is wrong. The elderly do not always report falls or seek help for fear their families will try to put them in nursing homes. Many older fall victims admit that they find a fall tantamount to admitting that they are no longer competent to take care of themselves.

Day Care Provider Might Get Leniency
The former operator of a home day care center where a 17-month-old boy was fatally injured a year ago could escape a trial and possible jail time if she agrees to never engage in child care again. The infant died at the woman's day care center in September 2007 after his neck became lodged between the slats of an old crib. His parents have since become crusaders for inspections and mandatory liability insurance for daycare centers.

Woman Ordered Out of Chemical-Free Bubble
Ten hours a day, every day, an Allentown woman would confine herself to a galvanized-steel-and-porcelain shed outside her house to keep her safe from allergens she considered to be deadly. She will be forced to come out, though, after a judge ordered her bubble taken down by the end of the month. The woman's neighbors complained to officials that the building is not stable and so unsightly that it drags down their property values. The woman also hooked up electrical, water and sewer service without securing permits.

Family Sues Disneyland for Dog Attack on Toddler
A family is suing Disneyland, claiming their toddler was mauled by a dog at the park's petting zoo. The suit says that a dog attacked the 2-year-old girl, biting her several times on the face and leaving her permanently scarred. The 6-year-old dog, which had a history of aggression, was adopted from a shelter by a Disneyland employee and brought to the theme park two weeks before the attack.

Court Finds Alterations May Open Resort to Disabilities Act
The scope of a property owner's obligation to make a public accommodation accessible to the disabled when alterations are made to the property was fleshed out by an appeals court. Reversing a lower court, the circuit said a resort in Montauk, New York underwent significant enough renovations so that it might be required under the Americans with Disabilities Act to make changes to allow access to customers who use wheelchairs. The resort was sued when a handicapped man could not negotiate a gravel parking lot, reach the resort office to check in or access the bathrooms in his wheelchair.

Woman Faces Manslaughter Charge in Death of Infant
A woman who runs a licensed day care out of her house has been charged with involuntary manslaughter and obstruction of justice in connection with the death of a 1-year-old boy who died while under her supervision. Despite the contrary story the woman gave investigators, another child in the day care told investigators that after the owner placed the infant in a play pen, a 9-year-old child placed a board and additional objects on the infant. When the infant attempted to push the board off, it fell directly on him and asphyxiated him. The children were in an unsupervised basement at the time of the incident.

DA Reviewing Death of Toddler at Day Care
The Allegheny County district attorney's office again is reviewing the case of a 10-month-old girl who was killed at a day care center in June after a Common Pleas judge said she doesn't believe a seven-year-old girl blamed in the death is responsible. The judge made the statement on the final day of the seven-year-old's dependency hearing in juvenile court.

Juvenile Detention Center Doesn't Comply
State officials say Shuman Juvenile Detention Center is out of compliance with state regulators, citing violations of minimum staffing requirements, poor medical record documentation, inaccessible fire extinguishers and disrepair at the facility, where inspectors found leaky ceilings, dust-caked vents and black mold. The Department of Public Welfare has issued a six-month provisional certificate of compliance for the center while officials address needed corrections.

Man Enters Plea for Assaulting Girl at Day Care Center
A 69-year-old man pleaded guilty to charges of assaulting a 4-year-old girl at his wife's day care center nine years ago. The girl, now a teen, testified that she was awakened by the man, who exposed himself and sexually assaulted her while she was napping upstairs in the man's living room on two different occasions. The girl attended the day care center until she was 8 or 9.

Family Turns Toddler's Death Into a Cause
A couple whose toddler died at day care after his neck became lodged between the slats of a crib have dedicated themselves to making sure that no parents make the same mistake they did. The day care they had enrolled their toddler in was not registered with the state or inspected by the state. They hope their story will remind other parents of how easy it is for a day care operator to get a license.

Birmingham Bridge Flaw Found in More Spans
The same problem that caused part of the Birmingham Bridge to fail in February has been detected on other area bridges, PennDOT acknowledged. In February, a southbound section of the Birmingham Bridge fell 8 inches and dislodged a 60-foot pier, forcing PennDOT to close the span for two weeks. Officials determined that a water leak from above and a buildup of debris combined to jam the rocker bearing, which ultimately contributed to the deck failure.

Brain Injuries Linked to Senior Deaths from Falls
A U.S. government study indicates that seniors hitting their head during a fall can have deadly consequences: Brain injuries account for half of all deaths from falls. The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. The CDC found that slightly more than half of all senior deaths that listed unintentional falls as the cause of death were attributed to brain injuries.

Who Cares About Day Care?
In April, an organization released a report, "Leaving Children to Chance," that gave Pennsylvania's inspection system a dismal ranking. It is just one of nine states that does not require family child care homes or those that can have no more than six unrelated children at one time to be inspected regularly. Pennsylvania received a score of 0 points out of a possible 140.

Child Care Center Where Infant Died is Closed
A child care facility where police said a 7-year-old girl killed an infant this month has closed. The operator of the facility handed over her certificate of registration to an inspector from the state Department of Public Welfare. The day care has been closed since a 7-year-old girl removed a 10-month-old child from her baby chair and threw her to the floor twice. The 7-year-old child was unsupervised at the time of the incident.

Health Clinic Evacuated After Illnesses
A state-affiliated health clinic in northwestern Arkansas was evacuated after more than 30 people were sickened with symptoms including nausea, dizziness and in some cases, uncontrollable drooling. A hazardous material unit from the National Guard base at Camp Robinson was sent to the clinic to run tests. Health officials were looking into whether the outbreak might be related to an exterminator's visit to the clinic this week.

Leak and Debris Blamed in Birmingham Bridge Failure
A leak and debris buildup caused the Birmingham Bridge to fail by jamming a movable piece in its underbelly, PennDOT said. PennDOT also acknowledged that the problems predated a 2006 inspection. The 32-year-old bridge failed in February when a movable part under the driving surface toppled over, allowing the deck to fall 8 inches and dislodging a 60-foot pier.

Swim at Your Own Risk?
"Swim at your own risk" has taken on new meaning at Pennsylvania parks. Over the last nine years, the state's Department of Conservation and Natural Resources has withdrawn lifeguards at 22 of 37 state parks with lake beaches. The plan is to eliminate the last of the lifeguard posts this summer. The department claims it will bring in a savings of $800,000; however, it will also bring an increased risk of tragedy.

Idyllic Florida Development Contained Bombs, Toxic Waste
More than 400 Orlando-area homeowners are suing land developers who built homes on the site of a World War II aircraft bombing range that still contains unexploded bombs and toxic chemicals. Thousands of homes and a middle school were built on the site where the Army Corp of Engineers discovered hundreds of pounds of ammunition, unexploded bombs and toxic chemicals.

Bridge Closed After Collapse
Pocono motorists have become emergency road and bridge inspectors as the infrastructure of the Tobyhanna Bridge crumbles. Average citizens, rather than bridge inspectors, are the ones discovering dangerous driving conditions.

Birmingham Bridge Troubles First Seen in 1990
The failed components of the Birmingham Bridge that caused the span to drop and forced its closing were deteriorating and shifting for nearly 20 years. Though inspection reports dating back to 1990 show problems with the bridge's rocker bearings, they were not repaired because they did not show signs of imminent failure.

Escalator Injuries Rise in Older Adults
A new study reports that from 1991 to 2005, nearly 40,000 people older than 65 were injured while rising an escalator, an average of 2,660 a year. Slips and falls caused 85 percent of the injuries.

Miners' Families Sue Over Utah Cave In
A lawsuit filed by the families of six men killed in a Utah mine cave in claims that the collapse occurred because the mine's owners were harvesting coal unsafely.

Fall at Wal-Mart Prompts Lawsuit
A local couple is suing Wal-Mart because they don’t think the store did enough to warn the man about a wet spot on which he slipped and injured himself nearly three years ago.

Slip and Fall at H.E.B. Leads to Suit
A suit filed against H.E.B. Grocery Co. claims that a man “slipped and fell on some type of foreign object or substance," which has caused him to "sustain severe, permanent and disabling injuries."

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