Month: August 2010


Aug. 20, 2010
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Merrick Pet Care Recalls Texas Hold’ems 10 oz Bag (Item # 60016 Lot 10127 Best by May 6 2012) because of Possible Salmonella Health Risk
 
Merrick Pet Care, Inc. of Amarillo, Texas is extending its July 2,2010 recall of 10 oz “Beef Filet Squares for Dogs (Texas Hold’Ems)” pet treat (ITEM # 60016 LOT # 10084TL7 BEST BY MARCH 24, 2012) to also include 83 cases of “Texas Hold’ems” (ITEM # 60016 LOT # 10127 BEST BY MAY 6, 2012) because they have the potential to be contaminated with Salmonella. Salmonella can affect animals and there is risk to humans from handling contaminated pet products. People handling the treats can become infected with Salmonella, especially if they have not thoroughly washed their hands after having contact with the chews or any surfaces exposed to these products.…

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Lawlor Winston Attorney, Ben Murphey, Overturns Summary Final Judgment in Bender v. Caregivers of America, Inc., Case No. 4D09-2930
 
Ft. Lauderdale, FL, August 18, 2010 – Attorney Ben Murphey successfully appealed a Summary Final Judgment entered in favor of a home health agency based on an alleged exculpatory agreement.  In this case, the firm’s client, Ethel Bender, contracted with Caregivers of America, Inc. for home health services.  Caregivers had Ms. Bender sign multiple “Transportation Responsibility Releases” that it claimed absolved it of any liability for when its home health aide drove Ms. Bender around town.  During one of those trips, Caregivers’ aide crashed her car and seriously injured Ms. Bender.…

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Lawlor Winston Attorney, Ben Murphey, Wins Dismissal of Appeal in Guarneri v. Nussbaum
 
August 8, 2010, Ft. Lauderdale, FL – Mr. Nussbaum sued Dr. Ralph Guarneri for alleged medical malpractice committed during a surgical procedure.  After months of litigation, the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida struck Dr. Guarneri’s pleadings for multiple discovery violations.  Dr. Guarneri appealed the ruling to the Fourth District Court of Appeal.  Attorney Ben Murphey argued the Appellate Court lacked jurisdiction to hear the appeal because the Trial Court’s ruling was a non-final order incapable of appellate review.  The Fourth District Court of Appeal agreed and, within two weeks of oral argument, dismissed the appeal for lack of jurisdiction. …

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