Dec. 21, 2009
LITIGATION ROUND UP: Police Car Photography Suit Filed
Santa’s Lap Picture Threatened; Cabell Board of Education Sued for Fatal School Bus Accident
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- Taking a picture of a police and/or security officer in Charleston has led to a Kanawha Circuit Court complaint against the West Virginia State Police.
Filed December 7, the complaint alleges that on September 23, Michael Kidd observed multiple state police cars parked illegally on Goshorn Street and one of the cars was in a handicap parking space. When Kidd attempted to take a photo of one of the cruisers, a Trooper allegedly confronted him and placed him against the wall of a building and told him to keep his hands against the wall. He remained in that position for about 15 minutes, the complaint states.
The suit asserts that when asked by the officer what he was doing, the would-be photographer stated “photographing illegally parked police cars.”
However, an award-winning videographer has threatened legal action after he was arrested for taking a picture at Charleston Town Center of a child on Santa’s lap. Scott Rensberger has first filed a complaint with the Charleston Police Department.
The photo journalist deleted the child’s photo, but had also taken photos of a choir to send to his girl friend in Washington D.C. However, both mall security and CPD became involved. The journalist claims he tried to take a photo of one officer and the officer tried to block him from taking the picture and attempted to grab his camera.
Rensberger has been charged with battery on a police officer and resisting arrest.
PLAYGROUND SUITS
Two complaints have been filed in Cabell County Circuit Court concerning injuries on the playground of Spring Hill Elementary School. One claims that on August 30, 2007, Autumn Johnson suffered a fractured nose and other injuries. The suit asserts the monkey bars violate U.S. Consumer Product Safety Commission standards.
In a separate complaint, Joshua Johnson was on April 13, 2006 playing at the Spring Hill playground when he allegedly fell over lumber underneath the swings causing him a to fracture his arm and other injuries.
BUS FATALITY SUITS
A December 11, 2007 school bus accident that allegedly resulted in two fatalities has resulted in a suit against the school system and bus driver. Representatives of the Estates of Robert Sinclair and Christopher Adkins filed the suits. Based on the complaints, Sinclair was struck by the bus and died the same day. Adkins was a passenger in a vehicle struck by the bus. (Note: Neither of the fatalities were children on the bus.)
MU GRADE DISCRIMINATION
Media reports have detailed the controversy over the summer make-up classes by Emly Perdue, daughter of WV’s State Treasurer, John Perdue. After taking the classes in the summer from a different professor, Ms. Perdue earned two A’s.
However, by contrast, Alexandra Bertolotti suffers a hearing impairment. She enrolled in Nursing 319. Students must have at least a 75 to move on to Nursing 323, the complaint states.
According to the suit Professor Sandra Prunty had previously ridiculed the hearing impaired student (rather than discussing reasonable accommodations) and eventually refused to add half a point to the student’s grade.
Mike Weikle of Ann Arbor, Michigan wrote in the federal court brief (in part):
"In sharp contrast to the substantial accommodations accorded the state treasurer's daughter, the plaintiff and her parent's several requests to the university regarding the outrageous statements made by Dr. Prunty and her refusal to offer any assistance to the plaintiff were impersonally denied. Unlike the conveniences accorded the state treasurer's daughter, the plaintiff and her parents were not offered an opportunity to meet with Dr. Prunty and the dean of the nursing program.
"The state treasurer's daughter suffers no physical handicap and no reasonable excuse for her failure to attend the classes or timely turn in the required course work has been reported.
"The university claims everything done for the state treasurer's daughter, including the award of the grade of A in both classes, was entirely proper.
"If the University is correct that its actions regarding the state treasurer's daughter were proper, it becomes even more clear that the plaintiff has been discriminated against by the defendants."
However, the university asserted various immunities from suit by prohibiting a citizen from suing his own state.
Prunty’s attorney has now asked that his client’s grade to 75, to make up missing tests/assignments, and special help so she can complete Nursing 323 in a timely manner.
Estee Lauder, Macy’s Sued for Disfigurement
According to a suit now moved to federal court, Amee Topping received a make up sample from the Macy’s store in Barboursville. However, on October 31, 2007, Topping allegedly suffered chemical burns to the face from the makeup.
The Defendants state that the makeup could not have caused the alteration in the plaintiff’s appearance.
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LITIGATION ROUND UP: Police Car Photography Suit Filed
Santa’s Lap Picture Threatened; Cabell Board of Education Sued for Fatal School Bus Accident
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- Taking a picture of a police and/or security officer in Charleston has led to a Kanawha Circuit Court complaint against the West Virginia State Police.
Filed December 7, the complaint alleges that on September 23, Michael Kidd observed multiple state police cars parked illegally on Goshorn Street and one of the cars was in a handicap parking space. When Kidd attempted to take a photo of one of the cruisers, a Trooper allegedly confronted him and placed him against the wall of a building and told him to keep his hands against the wall. He remained in that position for about 15 minutes, the complaint states.
The suit asserts that when asked by the officer what he was doing, the would-be photographer stated “photographing illegally parked police cars.”
However, an award-winning videographer has threatened legal action after he was arrested for taking a picture at Charleston Town Center of a child on Santa’s lap. Scott Rensberger has first filed a complaint with the Charleston Police Department.
The photo journalist deleted the child’s photo, but had also taken photos of a choir to send to his girl friend in Washington D.C. However, both mall security and CPD became involved. The journalist claims he tried to take a photo of one officer and the officer tried to block him from taking the picture and attempted to grab his camera.
Rensberger has been charged with battery on a police officer and resisting arrest.
PLAYGROUND SUITS
Two complaints have been filed in Cabell County Circuit Court concerning injuries on the playground of Spring Hill Elementary School. One claims that on August 30, 2007, Autumn Johnson suffered a fractured nose and other injuries. The suit asserts the monkey bars violate U.S. Consumer Product Safety Commission standards.
In a separate complaint, Joshua Johnson was on April 13, 2006 playing at the Spring Hill playground when he allegedly fell over lumber underneath the swings causing him a to fracture his arm and other injuries.
BUS FATALITY SUITS
A December 11, 2007 school bus accident that allegedly resulted in two fatalities has resulted in a suit against the school system and bus driver. Representatives of the Estates of Robert Sinclair and Christopher Adkins filed the suits. Based on the complaints, Sinclair was struck by the bus and died the same day. Adkins was a passenger in a vehicle struck by the bus. (Note: Neither of the fatalities were children on the bus.)
MU GRADE DISCRIMINATION
Media reports have detailed the controversy over the summer make-up classes by Emly Perdue, daughter of WV’s State Treasurer, John Perdue. After taking the classes in the summer from a different professor, Ms. Perdue earned two A’s.
However, by contrast, Alexandra Bertolotti suffers a hearing impairment. She enrolled in Nursing 319. Students must have at least a 75 to move on to Nursing 323, the complaint states.
According to the suit Professor Sandra Prunty had previously ridiculed the hearing impaired student (rather than discussing reasonable accommodations) and eventually refused to add half a point to the student’s grade.
Mike Weikle of Ann Arbor, Michigan wrote in the federal court brief (in part):
"In sharp contrast to the substantial accommodations accorded the state treasurer's daughter, the plaintiff and her parent's several requests to the university regarding the outrageous statements made by Dr. Prunty and her refusal to offer any assistance to the plaintiff were impersonally denied. Unlike the conveniences accorded the state treasurer's daughter, the plaintiff and her parents were not offered an opportunity to meet with Dr. Prunty and the dean of the nursing program.
"The state treasurer's daughter suffers no physical handicap and no reasonable excuse for her failure to attend the classes or timely turn in the required course work has been reported.
"The university claims everything done for the state treasurer's daughter, including the award of the grade of A in both classes, was entirely proper.
"If the University is correct that its actions regarding the state treasurer's daughter were proper, it becomes even more clear that the plaintiff has been discriminated against by the defendants."
However, the university asserted various immunities from suit by prohibiting a citizen from suing his own state.
Prunty’s attorney has now asked that his client’s grade to 75, to make up missing tests/assignments, and special help so she can complete Nursing 323 in a timely manner.
Estee Lauder, Macy’s Sued for Disfigurement
According to a suit now moved to federal court, Amee Topping received a make up sample from the Macy’s store in Barboursville. However, on October 31, 2007, Topping allegedly suffered chemical burns to the face from the makeup.
The Defendants state that the makeup could not have caused the alteration in the plaintiff’s appearance.
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Make HNN Your Homepage (IE Users Only)
