The Case of a Thong Gone Wrong: As a faithful reader of Texas Update!, you certainly know by now that we rarely cross state lines for legal news. But this story moved us to send one of our staff writers to Southern California. A Los Angeles woman claims she was injured by her Victoria’s Secret thong, prompting her to sue the underwear manufacturer. The plaintiff in the case, Macrida Patterson, 52, attributed the May 2007 injury to a Victoria’s Secret “low-rise v-string,” according to court documents. Patterson’s lawyer has been quoted as saying that a “design problem” caused a decorative metallic piece on the underwear to fly up and hit Patterson in the eye while she was putting the underwear on. Patterson’s product liability lawsuit was filed last month in California Superior Court. While conceding that the thong apparently spronged, the garment manufacturer said Ms Patterson had assumed a known risk, stating: “Pulling the thong up to eye level is not recommended…I mean, multiple body parts could be injured.” Patterson v Victoria’s Secret, Inc. (Cal. 2008).
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Chamberlain♦McHaney Lawyer, Ranelle Meroney, Scores Another Jury Trial Victory—The Case of the Leaping Lager Case: The Plaintiff, Rose Marie Merlino, filed suit in Austin against a Central Texas grocery store chain and a local beer distributor claiming she sustained grievous personal injuries when a 25 pound box of Bud Light Beer bottles fell over six feet from a large freestanding display. She had no theory for how the Bud suds fell other than what she characterized as a “wall of beer” being an unreasonably dangerous condition. In response, grocery store personnel pointed to photographs and testified that the display was less than three feet high and there was no way a 25 pound box of beer could simply jump off a display. The local beer distributor agreed and presented persuasive evidence that its beer was not known to jump, leap or roll over on its own. On cross examination by the plaintiff’s attorney, the distributor was forced to concede that its beer was known to occasionally “fly off the shelf,” but that was only because it was so tasty and reasonably priced.
After a trial lasting almost a week, the jury returned a defense verdict in less than 90 minutes.
The case also drew some local media attention when one of the jurors was arrested by sheriff’s deputies while attempting to enter the courthouse with a gun in his boot. After informing the authorities he forgot he had a gun in his boot, he was released to continue jury service.
Congratulations, Ranelle. This Bud’s for you. Ranelle is board certified in personal injury trial law.
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Visit our New Web Site at www.chmc-law.com where you can view air-brushed photos of our lawyers and read outrageous claims of competence.
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Restaurant Owners Not Negligent in Failing to Read Policy: The Kloesels asked their insurance agent to procure a policy covering their restaurant that would provide “100% coverage” and that “covered if a customer got sick or if there was anything wrong with the food.” Some how, some way, the agent obtained a policy that excluded coverage for communicable diseases. You can guess what happened next.
Over 90 customers contracted Hepatitis A at the restaurant, most likely from an infected food handler. Two patrons successfully sued the restaurant for damages, but the carrier ultimately denied coverage. The Kloesels then successfully sued their agent for negligence in obtaining the policy. The jury found that the policy holders were not contributorily negligent in failing to take affirmative steps to familiarize themselves with their policy’s communicable disease exclusion. The court of appeals affirmed. Insurance Network of Texas v Kloesel (Tex. App.–Corpus Christi 2008). The agent is expected to appeal to the Texas Supreme Court.
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In other news: Attorney David Chamberlain has been elected Treasurer of the 3,000 member Austin Bar Association and named the outstanding bar director of 2008. He has also been named a Texas SuperLawyer for the fourth straight year in Texas Monthly Magazine, a recognition limited to 5% of Texas Lawyers. He is board certified in personal injury trial law and currently serves on the faculty of the 2008 State Bar of Texas Advanced Personal Injury Law Course. Attorney Cathy Kyle has recently been designated with the highest peer review rating (A-V) assigned by Martindale-Hubbell.
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Register now for our famous Texas Update! 13th Annual Ultimate Claims Handling Seminar scheduled for October 10, CityPlace Conference Center, Dallas, Texas. Sign up early and reserve your seat now because over 300 risk managers and claims professionals attended last year. This full day, fully accredited seminar offers 8 hours continuing education credit, breakfast, lunch, snacks, happy hour, and oh yeah, knowledge and a course book. The agenda and registration form are attached. Print the registration form and mail it in with the fee.