ST. LOUIS — A Missouri appeals panel on May 23 upheld a defense verdict in a medical malpractice suit after finding that a defense attorney did not misconstrue evidence during closing arguments and that the trial court’s decision to exclude evidence of potential witness tampering did not prejudice the plaintiff (Jaynee Will v. Pepose Vision Institute P.C., No. ED103949, Mo. App., Eastern Dist., 4th Div., 2017 Mo. App. LEXIS 490).
DAYTONA BEACH, Fla. — A Florida appeals court on May 19 remanded a case alleging that a nursing home negligently caused injury to a patient for a new trial on liability, causation and damages, saying that the damage award was clearly inadequate, leading it to conclude that the jury rendered a compromised verdict (FLNC Inc., d/b/a Florida Living Nursing Center v. Joise Ramos, as Personal Representative of the Estate of Sonia Mercado-Bosque, No. 5D16-1725, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 7180).
ST. LOUIS — A Missouri appellate panel on May 23 found that a trial court was right to find that claims brought by a woman were based in medical malpractice and to dismiss those claims because they were barred by the state’s two-year-statute of limitations (Christina McCormick v. Centerpoint Medical Center of Independence LLC., No. WD80063, Mo. App., Western Dist., Div. 2, 2017 Mo. App. LEXIS 487).
PHOENIX — A panel of the First Division Arizona Court of Appeals on May 16 affirmed a trial court’s decision to dismiss a medical malpractice suit because the plaintiff failed to file an expert affidavit with her complaint; however, the panel said the court erred in dismissing the suit with prejudice and changed the designation for the suit to be dismissed without prejudice (Patricia L. Williamson v. Kevin J. O’Brien, No. 1 CA-CV 16-0159, Ariz. App., 1st Div., 2017 Ariz. App. LEXIS 97).
MINNEAPOLIS — Boston University on May 10 asked the federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation to award it attorney fees because the ruling on what documents Boston University’s Chronic Traumatic Encephalopathy
SPOKANE, Wash. — A Division I Washington Court of Appeals panel on May 22 found that a trial court erred in denying a plaintiff’s motion for attorney fees in a premises liability suit after finding that the action arose out of a state law that allows for attorney fees to be awarded and remanded the suit for further proceedings consistent with the opinion (Christine A. Tolman v. Keith S. Johnson, et al., No. 75141-7-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 1213).
JACKSON, Miss. — A Mississippi Supreme Court majority on May 11 found that a trial court erred by ordering arbitration in a premises liability suit because the premises liability claim a woman filed against the apartment complex in which she was living is out of the scope of the arbitration agreement (Jane Doe v. Hallmark Partner LP, et al., No. 2015-CA-01655-SCT, Miss. Sup., 2017 Miss. LEXIS 181).
BEAUMONT, Texas — A Texas appellate panel on May 18 vacated a trial court’s order denying summary judgment to a corporation after finding that an employee of the company who hit a pedestrian because the plaintiff did not prove that the driver was acting in the scope of his employment during the collision (OCI Beaumont LLC v. Yazmin Barajas, No. 09-16-00406-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 4540).
SHREVEPORT, La. — A Louisiana appellate panel on May 17 affirmed a defense verdict in a medical malpractice suit against a hospital and the trial judge’s order denying the plaintiff’s motion for judgment notwithstanding the verdict or, in the alternative, a new trial because the evidence presented at trial supported the jury’s verdict (Jane Newman, et al. v. LSU Health Sciences Center Shreveport, et al., No. 51,375-CA, La. App. 2nd Cir., 2017 La. App. LEXIS 844).
ATLANTA — A Third Division Georgia Court of Appeals panel on May 12 affirmed a trial court’s dismissal of a medical malpractice suit against a hospital because the plaintiff’s expert’s affidavit was not sufficient under Georgia law because it does not contain any specific instance of an alleged failure on the part of the hospital (Jason Keith Ziglar v. St. Joseph’s/Candler Health System Inc., No. A17A0214, Ga. App. 3rd Div., 2017 Ga. App. LEXIS 205).
JACKSON, Miss. — A Mississippi appeals panel on May 17 found that a trial court was correct to grant summary judgment and dismiss with prejudice a premises liability suit because the plaintiff was a licensee of the property on she injured herself and the defendant did not breach a duty of protection (Gloria Thompson v. Mildred Lucas, No. 2016-CA-00196-COA, Miss. App., 17 Miss. App. LEXIS 282).
HARRISBURG, Pa. — A panel of the Pennsylvania Superior Court on May 17 reversed summary judgment granted to a hospital and its corporate owner in a premises liability suit after finding that two plaintiffs’ claims were not based in medical negligence and that their engineering expert was qualified to testify on the danger that led to a man falling and fracturing his ankle (Charles Galeano, et al. v. Susquehanna Health System and Williamsport Regional Medical Center, No. 1182 MDA 2016, Pa. Super.).
WESTMINSTER, Md. — Three couples filed suit in Maryland state court on May 15, claiming that their children contracted E. coli from a day care center and that the center failed to protect their children from the illness by failing to clean areas where the children were and failing to adopt policies that would prevent the spread of E. coli (Emily Starrs, et al. v. Chelsea’s Gentle Care Child Development Center Inc., et al., No. C-17-73527, Md. Cir., Carroll Co.).
SALEM, Ore. — The Oregon Supreme Court on May 11 found that a lower court erred in affirming a decision to dismiss a medical negligence suit because the loss-of-chance theory applies in medical negligence cases and remanded the suit to the circuit court for further proceedings (Joseph L. Smith v. Providence Health & Services-Oregon, et al., No. SC S063358, Ore. Sup.).
HAMMOND, Ind. — An Indiana federal judge on May 11 limited the testimony of all four expert witnesses in a lawsuit filed by the estate of a deceased motorcyclist alleging that the truck driver that hit him and the driver’s company are liable for the biker’s death (The Estate of John Arama v. Bryant Winfield, et al., No. 2:13-cv-381, N.D. Ind., 2017 U.S. Dist. LEXIS 71712).
BOISE, Idaho — In a unanimous decision, the Idaho Supreme Court on May 11 found that a trial court erred by denying a motion to reveal the identity of a non-testifying witness who helped the plaintiffs’ expert witness in a medical malpractice suit because the Idaho Civil Rules of Procedure allow for the identity of a non-testifying witness to be disclosed during discovery (Jaymie Quigley, et al. v. Travis Kemp, et al., No. 43725, Idaho Sup., 2017 Ida. LEXIS 129).
ATLANTA — A Georgia appellate panel on May 10 affirmed summary judgment in favor of a man who owns a franchise of a Chick-fil-A after finding that a woman who slipped and injured herself in the restaurant did not show that the owner had knowledge of the hazard (Latasha Hartman v. David Clark, No. A17A1023, Ga. App., k83rd Div., 2017 Ga. App. LEXIS 200).
LOS ANGELES — A California state court judge on May 11declared a mistrial in a medical malpractice suit after one of the jurors had to go to the hospital (Henry Gevorgyan v. Mardiros Mihranian, No. BC512980, La. Super.).
PHOENIX — A federal judge in Arizona on May 10 granted summary judgment to the owner of the corporate great-grandparent company of a nursing home because the plaintiff failed to prove that the grandparent company had anything to do with the day-to-day management that led to a resident’s broken hip and subsequent death (Helen Schirmer v. Avalon Health Care Inc., No. CV-15-01550, D. Ariz., 2017 U.S. Dist. LEXIS 71366).
TRENTON, N.J. — An expert who believes that Newton’s Third Law, every action has an equal or opposite reaction, caused a rubber mallet used as part of an amusement park game to strike a man in the face is reliable and should not be precluded from admission, a federal judge in New Jersey ruled May 8 (Jonathon Crowley, et al. v. Six Flags Great Adventure, et al., No. 14-cv-2433-BRM-TJB, D. N.J., 2017 U.S. Dist. LEXIS 69703).