Posts tagged with "Attorneys"

Implied Duty to Not Disclose Accounts and Trade Secrets and Exceptions to the Rule

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Booth Waltz Enterprises v. Kimlingen, 2004 Conn. Super. LEXIS 2682

Booth Waltz Enterprises was an automotive and industrial lubricant distributor based in Hartford, Connecticut that transacted with auto dealers, fleet owners, and public entities.  Mr. Kevin Kimlingen worked for Booth Waltz as a sale representative from April 2000 to October 2003.  Booth Waltz’s management was impressed by Mr. Kimlingen’s practice of “rolling”, the art of convincing his customers to follow him to a new employer.  He “rolled” forty-five accounts to Booth Waltz within his first month at the company.

Booth Waltz took advantage of Mr. Kimlingen’s talents to acquire many new clients when the company hired him but it was very cognizant that it would have to take measures to protect its interests given his history of mobility and “rolling” within the industry.  In the summer of 2003, Booth Waltz prepared a non-solicitation agreement for its employees to better regulate the activities of its sales staff.  Mr. Kimlingen expressed great reluctance to sign the restrictive covenant when he received it in October 2003 and Booth Waltz assumed he resigned from its employ when he failed sign the agreement or attend a mandatory staff meeting.

Customer Solicitation 

Mr. Kimlingen began to work for U.S. Lubes, a direct industry competitor, and he began “rolling” his Booth Waltz accounts to his new employer.  Booth Waltz sued Mr. Kimlingen in Connecticut state court and sought injunctive relief to prevent any further solicitations of its customers.  Booth Waltz argued that although Mr. Kimlingen may not have breached an actual restrictive covenant, his actions violated the Connecticut Uniform Trade Secrets Act, which by default prohibited certain competitive activities.

The company argued that the customer lists Mr. Kimlingen took with him to his new employer was Booth Waltz’s sensitive and proprietary information.  Former employees may compete with a former employer in the absence of a non-compete agreement, but he or she is still bound by a duty to not disclose trade secrets or confidential information acquired during his or her employment to the detriment of the former employer.

The Court’s Decision

The court ultimately held that Mr. Kimlingen did not violate a covenant or implied duty by “rolling” clients from Booth Waltz to U.S. Lube.  A vast majority of these accounts had long-standing relationships with Mr. Kimlingen that pre-dated his employment with Booth Waltz.  The court concluded that these customer relationships were not property of Booth Waltz and the company had no authority or legal right to label the contact information as its proprietary information.

The court noted, “in the absence of a covenant not to compete, an employee who possessed the relevant customer information prior to the former employment is free to use the information in competition with the employer after termination of the employment relationship” (Restatement (Third), Unfair Competition § 42, comment f), and denied Booth Waltz’s request for an injunctive in light of no legally binding restrictive covenant or an implied duty.

The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment and corporate law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County.  If you have any questions relating to your non-compete agreement or would like to discuss any element of your employment agreement, please contact Joseph C. Maya, Esq. by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Car Accident Victim Wins $8.5 Million Despite Facebook Posts

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A driver who was hit by a truck and whose wife died in the accident had his multi-million dollar award upheld even though new evidence showed that before the trial he erased incriminating evidence on his Facebook page.

Isaiah Lester and his wife Jessica were riding in a car in 2007 when a cement truck driven by William Donald Sprouse crossed the center line. The truck tipped over and crushed the Lesters’ vehicle. Jessica was killed in the accident. Sprouse pled guilty to manslaughter based on investigators’ evidence that he was speeding.

In Lester’s civil suit against the owner of the cement truck, Allied Concrete, a jury ruled in his favor and awarded him a total of $8.5 million, plus $2 million to Jessica’s parents.

The concrete company asked for a new trial after it was discovered that before trial Lester’s attorney, Matthew B. Murray, had asked him to “clean up” his Facebook profile. Lester deleted 16 photos that were later recovered, including one in which Lester was holding a beer can and wearing a garter belt on his head and wearing a t-shirt that said “I [heart] hot moms.”

After the trial, the judge refused to allow a new trial just because of the Facebook profile, but cut $4 million off the verdict for other reasons, finding that Lester played on the jury’s sympathies by crying during opening and closing statements.

But in the final say on the matter, the Virginia Supreme Court did not find those factors should reduce the verdict or warrant a new trial. The court reinstated Lester’s entire $8.5 million verdict.

By: Sylvia Hsieh, Lawyers.com

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a motor vehicle accident, driving laws, or a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Court Grants Motion for Transfer to California District Court in Non-Compete Agreement Dispute

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United Rentals, Inc. v. Pruett, 296 F. Supp.2d 220

United Rentals, Inc. was a Delaware corporation with headquarters in Connecticut that employed Mr. Lawrence Pruett from May 2001 until August 2003 in its San Juan Capistrano, CA office.  He first worked as a salesperson and then the company promoted him to branch manager.  Mr. Pruett signed an Employment Agreement after verbally accepting the branch manager position wherein he agreed to restrictive covenants preventing employment with a competitor, soliciting the company’s customers, or from disclosing trade secrets.  The agreement contained a choice of law provision that stated Connecticut law would govern legal disputes arising from the agreement and that courts (federal or state) in Fairfield County had exclusive jurisdiction.

Mr. Pruett abruptly resigned in August 2003, began to work for one of United’s competitors, Brookstone Equipment Services, and allegedly solicited United’s customers.  United Rentals sued Mr. Pruett in federal court for violation of the non-compete agreement and requested that the United States District Court of Connecticut enforce the provisions of the agreement.  Mr. Pruett however submitted motions to dismiss and to transfer the case to a court in California, where he lived and worked.

Motion to Dismiss

The court denied Mr. Pruett’s motion to dismiss but granted his motion for transfer, handing the case over to the Central District of California.  The central issues of the case were the enforceability of the forum selection clause and the court’s ability to transfer the case to another district court.  Mr. Pruett argued that it was unenforceable because he “lacked notice of its existence, because the clause is unreasonable, and because it was the product of United’s overreaching”.

The court mentioned two United States Supreme Court cases, M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972), and Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991) to establish the federal judicial system’s attitude toward forum selection clauses and their enforceability.  In Bremen, the court held that the clauses are valid and enforceable so long as there is no showing that it would be unreasonable or unjust.  This case reversed American courts’ “long-standing hostility to forum selection clauses”.  In Carnival, the court held that a forum selection clause was enforceable only if both parties were aware of its existence.

In the current case, the court denied the motion to dismiss and found that the clause was reasonable and that the written contract had indeed provided Mr. Pruett with adequate notice of its existence.

Motion for Transfer

The court did however grant Mr. Pruett’s motion for transfer under 28 U.S.C. 1404(a) which authorizes district courts to transfer civil action to other districts “for the convenience of parties and witness, [and] in the interest of justice”.  In reaching this decision, the court analyzed the convenience of the parties, the existence of the forum selection clause, and factors of systemic integrity and fairness.

Mr. Pruett bore the burden of proof to show that the transfer was in the best interest of justice and the court concluded that he meant his burden.  All the witnesses for the case lived in California, the actions that led to the suit took place in California, and the vast majority of documentary evidence (sales records, advertising information, customer lists, etc.) was in California.  With regard to justice, United Rentals asserted that a transfer to a district court in California would deprive it of uniform treatment of its employment contracts.

The court recognized that Connecticut and California law greatly differ on their treatment of non-compete agreements but concluded that California had a materially greater interest in the case “because the impact of this litigation will be felt entirely in California”.  Furthermore, the court noted that California had a right to apply its own laws in order to protect its residents from anti-competitive measures by out-of-state employers that are contrary to California’s established public policy.

This case demonstrates that the convenience of the parties and the interests of justice can at times outweigh a contractual forum selection clause.  The court analyzed these factors and concluded that the facts surrounding the case favored a transfer of venues to a district court in California.

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The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment and corporate law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County.  If you have any questions relating to your non-compete agreement or would like to discuss any element of your employment agreement, please contact Joseph C. Maya, Esq. by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Firing to Prevent Pension Vesting, Without More, Does Not Violate ADEA

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In this economy, companies are terminating employees in an effort to increase share value or simply improve the bottom line.  Often it is the older, more senior, and more costly employees that are the first to go.  The question sometimes arises: “Can my employer fire me to prevent my pension from vesting (thereby saving itself money) without violating the Age Discrimination in Employment Act?”  The short and surprising answer is “yes,” assuming the absence of other critical allegations necessary to sustain an ADEA claim.

A Relevant Case

In a case out of the Second Circuit Court of Appeals, a Connecticut employee alleged in his Complaint only that “he was fired by defendants because he was nearing the age of retirement.”  The lower court dismissed this claim and the appellate court affirmed because this was the only fact alleged in the Complaint as evidence of age discrimination.  The United States Supreme Court has held that the firing of an employee to prevent his pension benefits from vesting does not, without more, violate the ADEA.

What essential allegations were missing?  In order to prevail, the plaintiff had to allege facts evincing that his employer was using pension status as a proxy for age, in order to discriminate on the basis of age.  How could he do that?  One way would be to plead and prove that his pension vested due to age and not years of service.  While age and years of service are empirically connected, the Supreme Court has said that they are “analytically distinct.”  What the Complaint lacked were additional allegations supporting a claim of age discrimination, for a successful ADEA plaintiff must prove that age actually motivated the employer’s decision.

The take-away from this case is that victims of age discrimination should consult with an experienced employment law litigator to ensure that an actionable claim is properly alleged in a Complaint.  In the case referred to above, it is impossible to say whether the plaintiff would have prevailed with a more artfully crafted Complaint.  What we do know is that his bare-bones Complaint was dismissed as insufficient without ever being heard on its merits.

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The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues. Please contact our Westport office at 203-221-3100.

Drunk Golfer Must Pay $1.5M for Killing Couple

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A drunk driver who slammed his pick up truck into a couple’s motorcycle in Easton, Penn., must pay the families of the victims $1.5 million.

The Incident

Patrick Petti and Barbara A. Warren were engaged when they were struck and killed by James M. Black. Before the crash, Black had been drinking at the Riverview Country Club in Forks Township, Penn., and tested with a blood alcohol level twice the legal limit after the 2008 accident.

The families of the couple sued both Black and the country club.

Their attorney, Kevin Marciano, said that Black drank alcohol before, during and after playing golf and the country club continued to serve him even after he was drunk.

The Jury’s Decision

But the jury found only Black responsible for the accident.

The jury believed the country club’s argument that they did not over-serve Black because it did not sell alcohol directly to Black. The club’s lawyers argued that Black poured his own drinks from pitchers of beer that others purchased at the bar and brought back to their table.

It is unclear if the $1.5 million is collectible against Black, 40, who pleaded guilty to vehicular homicide and is serving a five to 10-year prison sentence. He will be eligible for parole in February 2015 but could be in prison until 2020.

By: Sylvia Hsieh

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to an automobile accident claim, DUI, or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Court Invalidates Non-Compete Agreement for Excessive Restraint of Trade

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CT Cellar Doors, LLC v. Palamar, 2010 Conn. Super. LEXIS 3247

CT Cellar Doors was a Connecticut company owned by Mr. Claude Raffin that designed and installed custom metal basement entry doors, windows, and other accessories.  Mr. Raffin hired Mr. Stephen Palamar in January 2006 as an installer and later promoted him to operations foreman on August 21, 2007.  The promotion involved a substantial pay raise conditioned on Mr. Palamar signing a “non-competition-non-disclosure agreement”.  The parties executed the restrictive covenant wherein Mr. Palamar agreed to not compete with CT Cellar Doors anywhere within the state of Connecticut for three years following his termination from the company.

Mr. Palamar voluntarily terminated his employment on May 24, 2010, registered himself as a home improvement contractor with the Connecticut Department of Consumer Affairs, and began doing business as Custom Cellar Doors.  His new company advertised and performed the same services he performed while in CT Cellar Door’s employ.

The Dispute 

CT Cellar Doors sued Mr. Palamar in Connecticut court for “irreparable harm to its goodwill, reputation, and name” and requested injunctive relief because there was no adequate remedy at law.  Both parties agreed that the central issue of the case was “whether the agreement was enforceable under Connecticut law”.  The court and parties likewise recognized that CT Cellar Doors had the burden to show that both parties signed the agreement and that Mr. Palamar had violated its provisions.  Once/if those were established, then Mr. Palamar bore the burden to show that the agreement was unenforceable.

The parties did not dispute, as a matter of fact, that the agreement was signed and that Mr. Palamar violated its terms.  The dispute is over whether, as a matter of law, the agreement is valid and enforceable.  The court ultimately found in favor of Mr. Palamar and held that the agreement executed by the parties was unreasonable and unenforceable.

The Defense’s Argument

Mr. Palamar presented two arguments to address whether the agreement was reasonable under Connecticut law: 1) the agreement had inadequate consideration and 2) it was an unreasonable restraint of trade.  The court rejected the first argument, noted the substantial pay raise Mr. Palamar received, and held that it constituted adequate consideration.

Although that defense failed, the court agreed with Mr. Palamar that the agreement was an excessive restraint of trade and the agreement was unreasonable because it denied him the right to earn a living in his chosen profession that he had had for twenty-five years.  The court also noted that CT Cellar Doors did not present adequate evidence to demonstrate that they had experienced or were likely to experience irreparable harm.  At the time that litigation began, CT Cellar Doors had fifty clients while Mr. Palamar only had two.  CT Cellar Doors was not able to articulate a claim and present evidence that Mr. Palamar’s actions had damaged its business operations.

While CT Cellar Doors had a legitimate business interest to protect, the provisions of the non-compete went too far and placed oppressive occupational restraints on Mr. Palamar and excessively restricted his ability to secure future employment in his chose profession.  This lack of balance between the interests of the parties ultimately led the court to find the restrictions unreasonable and for it to invalidate the non-compete agreement.

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The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment and corporate law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County.  If you have any questions relating to your non-compete agreement or would like to discuss any element of your employment agreement, please contact Joseph C. Maya, Esq. by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Jury Awards $2 Million for Botched Back Surgery

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A man whose doctor accidentally cut into an artery during surgery to repair a herniated disk and didn’t notice his mistake more than a day later, won a $2 million jury award.

Case Details

Matt McCann went into a New Mexico hospital in 2008 to remove a herniated disk and for spinal decompression on both sides. After surgery, his doctor closed him up and sent him into recovery without noticing anything wrong.

Thirty-six hours later, he suffered cardiac arrest.

According to his lawsuit for medical malpractice, it wasn’t until doctors opened him up again that they realized his surgeon, Dr. Hal Hankinson, had accidentally cut into his iliac artery and a large vein that carries blood to the heart. As a result, he needed three more surgeries but still has permanent damage to nerves controlling his bladder and bowels and brain damage.

The Jury’s Decision

McCann sued Christus St. Vincent Regional Medical Center for medical malpractice and asked for damages, or compensation, both for his injury-related expenses as well as punitive damages to punish the hospital for its wrongdoing. McCann, who used to work at art galleries and represented artists, is no longer is able to work.

McCann’s attorney also asked the jury to punish the hospital for not noticing the doctor’s mistake — behavior the lawyers argued was a corporate disregard for patient safety.

The jury awarded McCann $2 million to compensate for his damages, but did not agree the hospital should be punished.

Even though they are no longer married, the jury also gave McCann’s ex-wife Stephanie $50,000 based on her claim that the trauma destroyed the couple’s marriage.

His lawyer called the verdict “significant” and said it would help “try to get Matt put back together again”.

By: Sylvia Hsieh

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Did Basketball Powerhouse Force Coach to Resign Due to Her Disability?

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Most people who have lived for some period of time here in Connecticut are amply familiar with the Lady Huskies and Lady Vols fierce decade-long rivalry. Before regular season matches were discontinued five years ago, these games were the highlight of the season. Thus, fans have come to form a love-hate relationship with Pat Summitt, Head Coach of the Lady Vols who has the most wins of any (both male and female) NCAA basketball coach.

It came as a shock to hear on April 18, 2012, after thirty-eight years of coaching, Summitt would be retiring from her post after being diagnosed with early-onset dementia-Alzheimer’s disease just before the start of the 2011-2012 season.[1] “I’ve loved being the head coach at Tennessee for 38 years, but I recognize that the time has come to move into the future and to step into a new role,” explained Summitt.[2]

As it turns out, the decision may not have been entirely that of Summitt.

The Coach’s Resignation

In a recently released affidavit,[3] Summitt revealed that on March 14, 2012, she met with the University of Tennessee (UT) Athletics Director David Hart, who informed her that she would no longer be the coaching the Lady Vols. Summitt further explained:

This was very surprising to me and very hurtful as that was a decision I would have liked to have made on my own at the end of the season after consulting with my family, doctors, colleagues, and friends and not be told this by Mr. Hart. I felt this was wrong.[4]

UT spokeswoman Margie Nichols denied allegations that Summitt was forced out of her position. “It’s absolutely not true… It was Pat’s idea to become the head coach emeritus. I think she made that really clear at her press conference earlier this year.”[5] Regardless, this leaves many asking: was Summitt forced to resign because of her disability?

Discrimination in the Workplace

Under Connecticut law, employees enjoy a very comprehensive statutory scheme prohibiting discriminatory practices in the workplace. Unless the employer and its agents (such as administration or management) have a “bona fide occupational qualification or need,” it is a violation of the General Statutes:

To refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment because of the individual’s race, color, religious creed, age, sex, marital status, national origin, ancestry, present or past history of mental disability, mental retardation, learning disability or physical disability, including, but not limited to, blindness.[6]

In addition, employees enjoy federal protection of their rights through such legislation as the Americans with Disabilities Act, the Rehabilitation Act, and the Family Medical Leave Act, to name just a few.

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Discrimination on the basis of disability or another protected class is unfortunately a common occurrence in the workplace, but its prevalence in no way makes it lawful. If you are a teacher, coach, or any employee and you find yourself being the target of adverse employment action on any of the above bases, it is imperative that you consult an experienced and knowledgeable school or employment law practitioner.

Should you have any questions regarding employment discrimination or other education law or employment law matters, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

 

[1] “Pat Summitt’s Early-Onset Dementia: Lady Vols Coach Resigns Less Than A Year After Diagnosis.” Published April 18, 2012. Accessed October 5, 2012: http://www.huffingtonpost.com/2012/04/18/pat-summitt-dementia-early-onset-alzheimers-memory_n_1435380.html

[2] Id.

[3] “Affidavit of Coach Pat Head Summitt.” Accessed October 5, 2012: http://www.documentcloud.org/documents/452632-pat-summitts-affidavit.html

[4] Id.

[5] “Pat Summitt Affidavit: Ex-Tennessee Coach Initially Felt Forced Out Of Job Over Early-Onset Dementia,” by Steve Megargee. Published October 3, 2012. Accessed October 5, 2012: http://www.huffingtonpost.com/2012/10/04/pat-summitt-affidavit-tennessee-coach-job_n_1937730.html

[6] Connecticut General Statutes § 46a-60(a). Accessed October 5, 2012: http://www.cga.ct.gov/current/pub/chap814c.htm#Sec46a-60.htm

After-School Program Liable for Child’s Death

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Case Background

Five-year-old Anyah Raven Glossinger was legally blind and had low-functioning autism. On January 23, 2008, she was found underwater in a mineral pool where she was taking therapy. She died the next day and investigators ruled her death accidental. A jury, however, just ruled that the children’s center was responsible and awarded her father $400,000 in damages.

She lived in Cathedral City, California with her mother, Emily Wereschagin. After her lessons in a special education kindergarten class at a local school, Anyah participated in the “Little Bridges” after-school program. As part of the program, Anyah took part in hydrotherapy, a common activity and exercise for people with autism.

Wrongful Death Suit

In July of that year, Anyah’s father, Michael Glossinger, filed a wrongful death lawsuit against practically everyone connected to Anyah’s death, including the local school district, three workers at the Little Bridges program and the foundation that operated the program. According to his suit, everyone involved knew Anyah was blind and autistic, yet failed to give her a life vest and the proper supervision, and so she drowned. Recently, a jury agreed and awarded Glossinger $400K to compensate for his past and future loss of Anyah’s companionship.

As California attorney Jon Mitchell Jackson explains, “Anyah’s father was likely able to introduce evidence at trial showing the loss he experienced up to the trial date without having Anyah in his life. The missed meals, playtimes and birthdays. Everyday experiences that would put a smile on any parent’s face and a song in their hearts. He also likely introduced evidence of reasonably anticipated future harm (loss of future companionship) by sharing with the jury the time he would have spent with Anyah had it not been for her untimely and tragic death. His future Thanksgivings will not include her presence and the beautiful smile of his little girl.”

Absence Doesn’t Matter

According to Glossinger’s own testimony, he lived in Mill Valley, California, about 500 miles from Anyah and her mother. He didn’t visit her very often, either. He testified, however, that shortly before Anyah’s death, he and Wereschagin agreed on and made arrangements for him to come and visit Anyah.

During the trial, defense attorneys questioned both parents about their parenting and custody arrangements, perhaps in an effort to make the jury believe that Glossinger’s suit was a more about a “money grab” than vindicating the death of his child. If indeed that was a defense strategy, it didn’t work – the jury saw a father who lost a daughter. Estranged as he may have been, Anyah was still Glossinger’s child, and he had every right to sue for her wrongful death.

Lessons Learned

Glossinger’s motive aside, the jury’s verdict should put childcare workers on notice, or at least remind them of, their duties to protect and safeguard those who are left in their care. Whether they’re special needs children or not, facilities and programs for after-school activities have the legal responsibility to provide safe physical surroundings, as well as adequate adult supervision. Programs such as Little Bridges that cater to special needs individuals and likely receive state and/or federal funding usually have stricter rules to follow, such as licensing and training for workers and facilities.

Parents Take Heed, Too

“While filing suit for monetary damages will never make the grieving family whole again,” explains Simon Johnson of the Ohio-based Simon W. Johnson Law Office, “it is the only remedy available at law that can create some closure and finality to their tragedy.” And, while it may sound naive to some, a goal of any wrongful death suit is to make sure the same tragic mistakes don’t happen again – either by the same person or company or others who perform the same services.

In Anyah’s case, California’s Department of Social Services stepped in a few months after Anyah’s death and shut down Little Bridges. There’ll be no more victims of neglect there. Glossinger’s suit takes things a step farther and, hopefully, childcare programs in California and elsewhere are taking steps to make sure a similar tragedy doesn’t happen with them.

Parents need to take steps, too, to prevent the unthinkable from happening to their children. “To be safe, parents should always assume the worst when entrusting their child’s safety to others,” advises Mr. Jackson. In pools and other swimming situations, make sure the facility has the proper number of trained lifeguards and safety devices (locked fences) available and in place. In other activities, make sure people are correctly trained and equipment is properly maintained. How do you do this? You ask questions and even more important, you make sure you get answers.”

Is your child’s after-school activity safe?

As a parent whose child participates in any sort of after-school activity, when was the last time you asked yourself, “Is my child safe?” Take it upon yourself to:

  • Talk to other parents, friends, neighbors and staff at your child’s school about the program, especially anything good or bad they may know about it
  • Visit the program or facility in person and speak with the people running it. Ask about their backgrounds, experience and training
  • Ask if program employees have undergone background checks
  • Check with your state and local social services agencies and local school boards to make sure programs, facilities and workers are properly licensed and if any complaints have been filed against them
  • Drop in unexpectedly from time to time to see how your child is being treated and supervised during the program. Better yet, volunteer some of your time and see how day-to-day operations really work

There’s no information about whether or not Anyah’s parents did any of these things, and of course, there’s no guarantee the tragedy could have been avoided even if they had. We owe it to our children, though, to do what we can to avoid tragedies like Anyah’s and to hold people accountable when the unimaginable happens.

By: Dave Baarlaer, Lawyers.com

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At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a childcare negligence or injury, a wrongful death claim or a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

How to File a Personal Injury Claim Against a School in Connecticut

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If you have a personal injury claim against a school, a school employee, or a similar government entity or employee, you probably already know that it’s more complicated than just suing a private homeowner for a slip-and-fall. But what makes it so complicated, and what is the process?

Schools and their employees are often immune from liability for actions they undertake within the course and scope of their duties. That immunity is not unlimited, however, and particularly where a child’s injury is caused by gross negligence, malice, or wantonness, you can be compensated with monetary damages. CGS § 4-141, et seq. But, before you take your case to court, your case must be reviewed by the Commissioner of Claims.

Depending on the value of your case, the Commissioner of Claims will review your case, and may conduct a fact finding investigation, including witness interviews, document inspections, and other types of inquiries. The parties may engage in discovery in some cases, and the Attorney General may also be permitted to file a dispositive motion that asks the Commissioner to decide the issues in the case just on the known facts and law, but without a full hearing or trial. Once the Commissioner of Claims’ investigation (if applicable) is complete, s/he may issue a decision, or if there are unresolved legal issues, they may authorize you to file suit in
court.

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Navigating an administrative process with an administrative authority requires expert guidance. Small mistakes such as misunderstanding a statute or missing a deadline can impact or even eliminate your ability to seek relief. If you have a personal injury claim against a school, school employee, or a similar government entity, the attorneys at Maya Murphy, P.C. can assist you. Managing Partner Joseph C. Maya may be reached directly by telephone at (203) 221-3100, ext. 110 or by email at JMaya@mayalaw.com.

The above is not intended to constitute legal advice, and you should consult with an attorney as soon as possible if you believe you have this, or any other type of claim.