Facts: 1. I have a toxic tort case on appeal at the Florida
Facts:1. I have a toxic tort case on appeal at the Florida 1st DCA2. The lower Court ruled i was out of statute of limitations.3. I argued on going tort and chemical trespass each and every day the chemical leached intothe land. The land remains contaminated above State limits for residential areas to date after theDefendant attempted Site Restoration of the property and after the statute of limitations of 4 yearslapsed.Question: Can I use the following case law in Florida and if not what can i use to overturn thelower courts ruling?Thank you Steve64 P.3d 214 (2003)In re Robert N. HOERY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.No. 02SA241.Supreme Court of Colorado, En Banc.February 24, 2003.*215 The Hannon Law Firm, LLC, Tearle W.T. Harlan, Kevin S. Hannon, Denver, Colorado, Attorneys for Plaintiff-Appellant.Henry T. Miller, Trial Attorney, United States Department of Justice Torts Branch, Civil Division, Washington, DC, Attorneys for Defendant-Appellee.Justice BENDER delivered the Opinion of the Court.I. INTRODUCTIONIn this case, we agreed to answer two certified questions from the United States Court of Appeals for the Tenth Circuit regarding continuing trespass and nuisance under Colorado law. Pursuant to C.A.R. 21.1, the Tenth Circuit certified the following state law questions pertinent to an appeal pending in that court:(1) Does the continued migration of toxic chemicals from defendant's property to plaintiff's property, allegedly caused by chemical releases by the defendant, constitute continuing trespass and/or nuisance under Colorado law? (2) Does the ongoing presence of those toxic chemicals on plaintiff's property constitute continuing trespass and/or nuisance under Colorado law?We answer both questions in the affirmative.
On December 19th 2015, I was exposed to Cement Dust(silica)
On December 19th 2015, I was exposed to Cement Dust(silica) which came into my apartment while they wereSanding it down to smooth it out. I had no idea they wereGoing to do this. No warnings, No signs, and they said I didNot answer the door. I was very ill with pneumonia and soI was home and no one knocked on my door. They had a frameBuilt out of plywood with plastic on one side i9n my entrance way.There was at least a foot at the top of the frame with nothing .The dust came in from around my door, and through the cornersOf the window. My apartment filled with a bluish colored smoke.I was ill with pneumonia for 4 months and my pulmonary specialistCould not find why. They did Cat Scans which showed something lookingLike Ground Glass floating in my lungs. On Feb. 9th*****did a biopsyWhich showed it was the Cement Dust which cause me to have “organizingPneumonia” He recommended I move from this apartment, Replace all cushionFurniture and my mattress.Notes:Patient with hypoxemia (Spo2 84%) on room air ambulation noted at previous visit. Corrected with addition of supplemental O2. Patient was started on chronic Oxygen therapy at last visit. Since that time patient was diagnosed organizing pneumonia, and has been started on treatment. RA spo2 is 96%, will refer for repeat titration on 6 MWT.Patient with interstitial infiltrates of initially unknown etiology, but biopsy has showed organizing pneumonia. Infiltrates occurred after concrete dust exposure in her home. Patient underwent bronchoscopy with biopsy, which was consistent with organizing pneumonia. Patient started on steroids once biopsy results received. The patient has persistent dyspnea symptoms despite steroid dose. Will give Kenalog injection today, and begin prednisone therapy at 60 mg per day. Will repeat CT chest and Spiro/DLCO in 4 weeks. Patient counseled regarding diagnosis, and treatment, including potential for progression despite treatment. I am concerned that lack of symptom response to steroid dose started may be due to ongoing exposure in her home. Patient counseled regarding strict avoidance of further exposure. All bedding/clothes need to be properly laundered, and large pieces of furniture/bedding may need to be removed from home environment/replaced, but this should not be done until residence has been completely decontaminated due to risk of cross-contamination. Patient instructed to notify office with any new respiratory symptoms.Will continue current regimen, with exception of advair - which will be de-fuescalated due to systemic steroid dosing. Will consider treatment adjustment once organizing pneumonia addressedCLINICAL INDICATOR: Pneumonia. Respiratory abnormality.Scans were obtained from the thoracic inlet to the upper abdomen withoutcontrast. Comparison conventional chest x-ray 11/29/2015.There is an approximately 1.4 cm spiculated mass at the left upper lobe (sliceposition 99).There is consolidation/atelectasis at the left upper lobe anteriorly andmedially. There are scattered nonspecific ground glass infiltrates at the leftupper lobe and at the superior segment of the left lower lobe. Several tiny,approximately 2 mm - 3 mm nodular densities are scattered throughout the leftlower lobe.There are are multiple tiny, approximately 2 mm - 3 mm nodular densitiesscattered throughout the right lung.There is mild mediastinal lymph node prominence with the largest lymph node atthe precarinal region measuring approximately 1.1 cm maximal diameter.There is aneurysmal dilatation of the ascending aorta with the maximal APdiameter approximately 4.4 cm. There are atherosclerotic calcifications.There are are degenerative/discogenic changes at the dorsal lumbar region .IMPRESSION: Approximately 1.4 cm spiculated mass at the left upper lobe.This is what I requested from the management at this time.Moving expenses, which includepaying my deposit on new apartment,paying first month rent,Paying for the replacement of my couchChair and Mattress.Any out of pocket expenses after medicare and my health insuranceDoes not pay including my prescriptions for this illness andMedical tests and Dr visits.Am I ok asking for this since it was not my doing that this happened?I have one month left on my lease. Should they let me out of the lease?
i lived inRichland Ore.from 1946 to 1950, directly downwind
i lived inRichland Ore.from 1946 to 1950, directly downwind from the Hanford facility.In the last ten years I have undergone surgery and chemotherpy five times for cancer,one for thyroid two years ago and still being watched closely ,one colon surgery,three bladdersurgeries and currently scheduled for five chemo treatments.Question: Do I have a claim as one of the downwinders?
Counselor at Law
My husband had non-Hodgkins lymphoma in 1997 at the age of
My husband had non-Hodgkins lymphoma in 1997 at the age of 31. We lived in Creswood,IL from 1992-1998. We currently live in WI, but we are learning of contaminated water in Crestwood for 20 years that the village was aware of and now also of current law suits being filed. I was wondering of the statute of limitations and of the possibility of a case. (My husband was cured, but we had a 1 and a 5 year old at the time and it definitely was a hardship.)
Attorney and Counselor at Law, Mediator
I need advice on something that happened to me on April
I need advice on something that happened to me on April 22nd. I was dining with my husband at a restaurant we've frequented for years. I was greeted and seated. There is no dress code. Several women were dressed showing as much or more skin than I. For some reason the manager, after I had been there for 3-4 hours without incident, decided to pull me aside and begin discussing my breasts/bra and told me I need to cover up more. My husband confronted her and she said they "had the right to refuse anyone service"...however they had been serving us for hours without incident. I tried contacting the owner of the restaurant for some resolution and he refused to take responsibility for the incident and said I have no rights or reason to be upset. That I was not targeted or harassed in any way. I feel humiliated, embarrassed, distraught and anxious since the event. Do I have any rights in this case ?
I was seriously burned on my lower leg by a heating pad,
I was seriously burned on my lower leg by a heating pad, which I used as normal and according to the directions. The burn itself was bad and is still healing, but I do not believe the injury was especially serious given that I did not lose the use of my leg or the ability to work as a result of the burn. With that said, I am trying to figure out if I should contact a local personal injury attorney to initiate a products liability claim on my behalf. I understand that NY law has a 3 year statute of limitations from the date of my injury. While I was burned by the heating pad several months ago (obviously under the 3 year time frame). I do not recall when the heating pad was actually purchased and from what store. Is there a statute of limitations on the product purchase date to the date of the injury (i.e. if someone is injured using a defective product today, but the product itself was manufactured and purchased many years earlier, can one still bring a products liability claim?)? Assuming NY does not limit claims on products that were purchased several years ago (without proof of purchase), are there any requirements for the serious nature of the injury (as there would be with car accidents under NY insurance law)?Please advise as to the NY law on these issues-- thank you!