Personal Injury in the News: A Recall, a Lawsuit and a Verdict – Law Offices of Aronberg, Aronberg & Green

Nov. 12th, 2012   /   , , ,

 

In personal injury law there are various types of cases and, within the varying types of cases, there are different stages of pre-litigation as well as litigation (the case actually going to trial). In this blog, we’re going to tell you about three different stories that have been in the news recently. The first issue has to do with a product recall which, because it is evidence of the company acknowledging a faulty product, could lead to a product liability case. The second issue to be discussed is a lawsuit being filed; the third issue is a verdict that was handed-down.

It’s important to stay current with personal injury law so that you can protect yourself—remember, knowledge is power!

We start with a recall by Nestle of their incredibly successful brand Nesquik. More than 200,000 containers of the “chocolate drink mix” Nesquik are being recalled due to possible salmonella contamination. The possibly affected containers were produced in October and have a promotional advertisement for a new Disney film on the canister. Nestle ties the problem to an ingredient supplier—a supplier that has recalled a large portion of one of its central ingredients. The recall is an indirect admission on the part of Nestle that their product may be contaminated with salmonella. Currently, Nestle has said that people who purchased containers covered under the recall will be entitled to a refund for the cost of the canister—if people start getting sick, though, Nestle may be on the hook for a lot more than the cost of one container of Nesquik.

Leaving behind chocolate drinks, we move to coffee and a lawsuit filed by a group of former franchisees of Dunkin’ Donuts. The former franchisees have filed a discrimination lawsuit against the mega-chain, claiming that the company treated minority franchisees—African Americans in particular—unfairly. The suit claims that Dunkin’ Donuts tried to coerce the minority franchisees into developing their franchises in less-profitable, economically disadvantaged areas while Dunkin’ Donuts encouraged white franchisees to develop their stores in better locations. The suit, in part, points to the fact that there are no African American-owned Dunkin’ Donuts franchises in Connecticut, Rhode Island or New Jersey. Lawsuits like these are a rarity in personal injury law—most of the time the cases are settled before trial. We will keep you posted on the outcome of this trial!

While lawsuit filings are rare in personal injury law, lawsuit verdicts are even rarer. Once a lawsuit is actually filed, chances are good that there will be a settlement before the trial actually begins—most people don’t enjoy the stresses of a burdensome lawsuit and going through the stress of a trial. In this case, however, there was a verdict—a verdict to the tune of $100 million. Seventeen years ago, two babies were born three months early at a hospital in Staten Island, NY. The hospital staff failed to properly recognize the mother’s contractions and was therefore unable stop the early birth. Because of their negligence, one of the twins has been suffering with cerebral palsy.  The verdict is a reminder that when hospitals—or anyone, for that matter—acts in a negligent manner and someone is hurt as a result, justice can be served to help the victims.

If you have any questions about these specific issues, or any others, please contact us for a free consultation at 561-266-9191 or daronberg@aronberglaw.com.

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