Mealey's Personal Injury

  • February 22, 2017

    Judge Refuses To Strike Punitive Damages Claim Related To Ladder Collapse

    SAN FRANCISCO — A California federal judge on Feb. 21 refused to strike a claim for punitive damages asserted by the purchaser of an extension ladder who alleges that he fell and suffered serious injuries after it collapsed (William Evans v. Home Depot U.S.A. Inc., et al., No. 16-cv-07191, N.D. Calif., 2017 U.S. Dist. LEXIS 24171).

  • February 22, 2017

    New York Appellate Panel Upholds Order Denying Judgment To Doctor, Hospital

    NEW YORK — In a divided opinion, a New York appellate panel on Feb. 21 affirmed a trial court order denying motions for summary judgment filed by a doctor and a hospital in a medical malpractice suit because summary judgment is not proper when two sets of experts have differing opinions (Marino Servino etc., et al. v. Mark Weller, M.D., et al., No. 106422/09, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. Sup. App. Div. LEXIS 1307).

  • February 21, 2017

    8th Circuit Affirms Judgment In Medical Malpractice Suit

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals on Feb. 13 affirmed judgment in favor of the Mayo Clinic after finding that there was not enough evidence to support a breach of contract claim in an underlying medical malpractice suit where the plaintiff claimed that a surgeon failed to perform a final biopsy to determine if the surgery was necessary (Elliot Kaplan, et al. v. Mayo Clinic, et al., No. 15-2855, 8th Cir., 2017 U.S. App. LEXIS 2489).

  • February 21, 2017

    Jury Awards $3.95 Million To Survivors Of Fatal Truck Crash

    OCALA, Fla. — A Florida jury on Feb. 17 awarded a man and his daughter a total of $3.95 million in compensatory damages for the loss of two family members who were killed when a truck driver collided with their car, which had been disabled after being hit by a drunken driver; however, the jury found that the drunken driver was more responsible for the two deaths than the trucker (Eliezer Maldonado, et al. v. Wayne T. Fellows Inc., et al., No. 2013-CA-001308, Fla. 5th Jud. Cir. Marion Co.).  VIDEO FROM THE TRIAL IS AVAILABLE.

  • February 21, 2017

    Federal Judge Dismisses Car Crash Suit Against South American Resort

    BOSTON— A federal judge in Massachusetts on Feb. 10 granted a motion to dismiss in favor of a South American hotel and resort after finding that the court lacked personal jurisdiction over it because the plaintiffs cannot show that the resort’s advertising in Massachusetts directly led to the plaintiffs’ injuries at the resort (Karen Badia, et al. v. Hamanasi Adventure & Dive Resort, No. 16-cv-10252-LTS, D. Mass., 2017 U.S. Dist. LEXIS 19183).

  • February 21, 2017

    Alabama Supreme Court Reverses Summary Judgment In Medical Malpractice Suit

    MONTGOMERY, Ala. — The Alabama Supreme Court on Feb. 17 reversed summary judgment in favor of a chiropractor and the clinic he owns after finding that a woman who claimed that she got blisters after being treated did not need to present an expert witness to determine whether the chiropractor breached the standard of care because her claims require only common knowledge (Betty Collins v. Herring Chiropractic Center LLC, et al., No. 1151173, Ala. Sup., 2017 Ala. LEXIS 14).

  • February 21, 2017

    3rd Circuit Affirms Summary Judgment In Premises Liability Assault Case

    PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals on Feb. 9 affirmed a trial court’s dismissal of a premises liability claim against a church in a suit where a man said the church was partially responsible for injuries he sustained on the church’s property when he was attacked after a basketball game, finding that the church is immune from the premises liability claim under New Jersey law (Joshua Park v. Chodae Community Church, et al., No. 16-1532, 3rd Cir., 2017 U.S. App. LEXIS 2363).

  • February 17, 2017

    California Appeals Panel Reverses Summary Judgment In Premises Liability Suit

    LOS ANGELES — A California appellate panel on Feb. 14 found that there are triable issues of material fact in a case in which a woman who was injured falling down the stairs of her apartment building alleged that the steps were made in a dangerous condition, reversing summary judgment that was granted to the landlords of the building the plaintiff lived in (Flora Guyumdzyhan v. Armen Nalbandyan, et al., No. B268084, Calif. App. 2nd Dist. Div. 4, 2017, Cal. App. Unpub. LEXIS 1041).

  • February 17, 2017

    Houston Texans Oppose Motion To Remand Injury Suit To State Court

    HOUSTON — The Houston Texans say in a Feb. 14 brief opposing remand that former National Football League player DeMeco Ryans’ state law claims that he injured himself because of faulty turf are wrapped up in the collective bargaining agreement (CBA) he signed with the league and should be kept in federal court (DeMeco Ryans v. Houston Texans, et al., No. 4:16-cv-03554, S.D. Texas).

  • February 15, 2017

    10th Circuit Rejects Claim That Excessive Force In Search Caused Man’s Suicide

    DENVER — The federal government’s use of at least 22 armed agents wearing bullet-proof vests to search for illegally taken Native American artifacts at the house of a Utah doctor who killed himself the day after the search does not constitute excessive force, the 10th Circuit U.S. Court of Appeals held Feb. 13 (Estate of James D. Redd, M.D. v. Daniel Love, et al., No. 16-4010, 10th Cir., 2017 U.S. App. LEXIS 2496).

  • February 15, 2017

    Texas Appeals Panel Reverses Summary Judgment In Wrongful Death Suit

    HOUSTON — A Texas appellate panel on Feb. 14 found that a trial court erred by denying summary judgment to a hospital accused of failing prevent a patient, who was later killed by a train, from escaping because under Texas law, the hospital was immune from the suit and not subject to a waiver of immunity (OakBend Medical Center v. Domingo Martinez Jr., No. 14-16-00199-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 1215).

  • February 13, 2017

    Ohio Federal Judge Rules On Remand In 5 MedMal Class Suits

    CINCINNATI — An Ohio federal judge on Feb. 8 issued two remand orders and three orders denying remand in five separate class action complaints against various medical facilities where an orthopedic surgeon is alleged to have performed unnecessary procedures (Nicole Baker, et al. v. UC Health, et al., No. 16-853, S.D. Ohio, 2017 U.S. Dist. LEXIS 17899; Jacob Durham, et al. v. Cincinnati Children’s Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 17897; Heather McCann, et al. v. West Chester Hospital, LLC, et al., No. 15-440, S.D. Ohio, 2017 U.S. Dist. LEXIS 17902; Lyndsey Middendorf, et al. v. West Chester Hospital, LLC, et al., No. 15-439, S.D. Ohio, 2017 U.S. Dist. LEXIS 17901; Dana Setters, et al. v. Journey Lite of Cincinnati, LLC, et al., No. 15-487, S.D. Ohio, 2017 U.S. Dist. LEXIS 17900).

  • February 13, 2017

    Judge: Ordinary Negligence Standard Applies To Boating Accident Case

    GRAND RAPIDS, Mich. — A federal judge in Michigan on Feb. 8 found that a Michigan statute regulating watercraft declares that the operation of a boat is subject to a negligence standard of care (James Fastabend, next friend of C.F. v. Merle Karberg, et al., No. 15-cv-00386, W.D. Mich., 2017 U.S. Dist. LEXIS 17906).

  • February 13, 2017

    West Virginia High Court: Suit Arose Under Medical Professional Liability Act

    CHARLESTON, W. Va. — The West Virginia Supreme Court of Appeals on Feb. 9 affirmed a trial court’s ruling that a premises liability claim is a claim for medical malpractice because the plaintiff’s suit, alleging claims related to the wrongful death of her husband following a visit to a health care facility, arises under the West Virginia Medical Professional Liability Act (MPLA) (Joyce E. Minnich et al., v. MedExpress Urgent Care Inc. West Virginia d/b/a MedExpress Urgent Care South Charleston, No. 15-1148, W. Va. Sup., 2017 W. Va. LEXIS 62).

  • February 9, 2017

    Plaintiffs In Philadelphia Building Collapse Agree To $227 Million Settlement

    PHILADELPHIA — The defendants found responsible for the 2013 collapse of a Salvation Army building in Philadelphia on Feb. 8 agreed to pay a total of $227 million to the 19 plaintiffs, those who were injured and the families of those killed in the collapse, according to a press release and media reports (Angelo Harmon, et al. v. The Salvation Army of Greater Philadelphia, et al., No. 130700720, Pa. Comm. Pls., Philadelphia Co.).

  • February 9, 2017

    Boston University CTE Center Opposes Handing Over Autopsy Reports To NHL

    MINNEAPOLIS — The trustees of Boston University on Feb. 6 told the federal judge overseeing the National Hockey League concussion multidistrict litigation that the league has failed to “demonstrate with specificity” why it needs the research and autopsy reports conducted by the Boston University Chronic Traumatic Encephalopathy Center (CTE Center) and that compelling those documents would violate the privacy of the research subjects (In re:  National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

  • February 9, 2017

    Federal Judge: Accident Reconstruction Expert’s Report Lacks Methodology

    NASHVILLE, Tenn. — An insurer’s motor vehicle accident investigation and reconstruction expert failed to provide reliable methodology in his report concerning an automobile accident involving its insured, a Tennessee federal judge ruled Jan. 30, excluding the testimony (Will Neal Jr. v. John Fort, No. 15-0425, M.D. Tenn., 2017 U.S. Dist. LEXIS 12411).

  • February 9, 2017

    Wyoming Man Sues Fracking Company For Injuries From Tank Explosion

    CHEYENNE, Wyo. — A man working on a hydraulic fracturing rig on Dec. 29 sued an oil and gas company and its affiliate, contending that they are liable for injuries he suffered when a tank battery exploded during fracking operations in what the man contends was “one of the most violent and destructive events in the history of oil and gas operations in the State of Wyoming” (Brandon L. Chadwick v. Encana Oil & Gas USA Inc., No. 16-318, D. Wyo.).

  • February 7, 2017

    Louisiana Top Court Overturns Court’s Malpractice Award After Finding Jury Error

    NEW ORLEANS — An appeals court properly concluded that a jury’s failure to award loss of consortium damages was inconsistent with its award of medical damages, but on remand it must reconsider the award it imposed, a divided Louisiana Supreme Court held Jan. 20 (Kimberly and Todd Thibodeaux, et al. v. James F. Donnell, M.D., No. 2016-C-0570, La. Sup.).

  • February 7, 2017

    Louisiana Top Court Overturns Court’s Malpractice Award After Finding Jury Error

    NEW ORLEANS — An appeals court properly concluded that a jury’s failure to award loss of consortium damages was inconsistent with its award of medical damages, but on remand it must reconsider the award it imposed, a divided Louisiana Supreme Court held Jan. 20 (Kimberly and Todd Thibodeaux, et al. v. James F. Donnell, M.D., No. 2016-C-0570, La. Sup.).