In May this year a freezer malfunctioned at a Harvard-affiliated hospital that oversees the world’s largest collection of autistic brain samples, damaging a third of the scientifically precious specimens. The Harvard Brain Tissue Resource Center is the largest and oldest federally funded “brain bank’’ in the United States. It provides thousands of postmortem brain tissue samples annually to researchers across the nation.
Covered or not covered? The exact cause of the meltdown is still under investigation. If it turns out that there was a “malfunction” of the refrigeration unit, this type of loss could be covered under an Equipment Breakdown Policy. The big question, of course, is the damage to the contents in the refrigerator. The EB policy does pay for resultant damage to the property but the problem is placing monetary value on the “spoiled” brains AND the business income resulting from the loss of the brains in the research process. This claim will probably fall through the cracks but maybe it will inspire Mel Brooks to produce another Young Frankenstein movie.
Hall of Shame award goes to NJ woman who sues 11 year old Little League player
A New Jersey woman who was struck in the face with a baseball at a Little League game is suing the young catcher who threw it. Elizabeth Lloyd is seeking more than $150,000 in damages to cover medical costs stemming from the incident at a Manchester Little League game two years ago. She’s also seeking an undefined amount for pain and suffering.
Lloyd was sitting at a picnic table near a fenced-in bullpen when she was hit with the ball. Catcher Matthew Migliaccio was 11 years old at the time and was warming up a pitcher. The lawsuit alleges Migliaccio’s errant throw was intentional and reckless, “assaulted and battered” Lloyd and caused “severe, painful and permanent” injuries.
An attorney representing the boy's family says the count alleging negligence and carelessness is covered by homeowner's insurance, but other counts are not.
A second count alleges Migliaccio’s actions were negligent and careless through “engaging in inappropriate physical and/or sporting activity” near Lloyd. She continues to suffer pain and anguish, incur medical expenses and has been unable to carry out her usual duties and activities, the lawsuit says. And Lloyd’s husband, in a third count, is suing for the loss of “services, society and consortium” of his wife.
Covered or not covered? The count alleging negligence and carelessness is covered by homeowner’s insurance but the other counts are not. Little League has denied any coverage. A spokesman for Little League said each local league is required to have accident insurance, but that only covers coaches, players, and concession stand workers but not cover spectators.
Matthew’s parents said they would love to beat the charges in court, but it could cost tens of thousands of dollars and they also don’t want to put their son and other kids on the team through all the questions and depositions a trial would bring.
The real Hall of Shame winner is the Lloyd’s ambulance- chasing lawyer.