damages

Tort reform in the United States

Tort reform in the United States has been a long standing issue. During his second campaign for re-election President Bush spoke frequently of tort reform and the dire consequences of hefty judgements.

In fact, President Bush even favoured a capping on non-economic malpractice damages at $250,000. Malpractice reform was discussed by President Obama in his recent speech on health care reform. There is no indication yet, whether Obama would also support a cap on damages.

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KFC’s new sandwich

KFC has released a “sandwich” that consists of two kinds of bacon, two kinds of cheese and sauce. However, here’s the interesting the part instead of bread KFC will be using two pieces of fried chicken.  How’s that for a healthy option.

Currently, the sandwich is only being marketed in specific areas in the United States.

It’s estimated the sandwich has 1228 calories.

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3.5 Million for Fibromyalgia and Chronic Pain

On July 2, 2009 a Milton, Ontario court awarded the Plaintiff, $3.5 million in damages and interest totalling $4 million dollars for chronic pain and fibromyalgia syndrome.
The incident happened when the Plaintiff was visiting her son at the Oakville hospital. A nurse told her she could spend the night on a bed in the room to be close to her son.
The bed collapsed and initially caused a fractured tailbone that went on to heal. However, the Plaintiff claimed to suffer from fibromyalgia that caused chronic pain.
Here is the case.

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General cap for damages

In Alberta a successful court challenge was made to the general damages cap for minor damages being $4000. However, this summer the Alberta Court of Appeal overturned the decision and found that the cap on damages did not violate the constitutional rights of injured car victims in Alberta.

The decision is Morrow v. Zhang, [2009] ABCA 215

The courts rationale was based on the fact that while injured parties lost the right to compensation they were given access to an enhanced accident benefits system.

The Nova Scotia Court of Appeal is expected to also rule on the issue of a $2,500 cap for damages in the case of Hartling et al v. Nova Scotia It’s anticipated that the decision will be out sometime in Christmas.

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