Mealey's Personal Injury

  • November 22, 2017

    N.M. Appeals Court Orders Directed Verdict Be Vacated In Medical Malpractice Suit

    SANTA FE, N.M. — In a split decision, the Arizona Supreme Court on Nov. 20 affirmed a lower appellate court’s decision to reverse a stipulated directed verdict in a medical malpractice suit after finding that the statute of repose expired in the suit where a woman claimed that her doctor failed to warn her about a mass which led to ovarian cancer (Sara Cahn v. John D. Berryman M.D., No. S-1-SC-35302, N.M. Sup., 2017 N.M. LEXIS 91).

  • November 22, 2017

    Indiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit

    INDIANAPOLIS — A panel of the Indiana Court of Appeals on Nov. 21 affirmed summary judgment as to causation in favor of a couple who sued a doctor who allegedly failed to properly treat a woman’s ankle pain because the doctor did not raise a genuine issue of fact (Edward E. Bell M.D. v. Joan Barmore, et al., No. 22A01-1706-CT-1368, Ind. App.).

  • November 20, 2017

    Illinois Jury Awards $85.9 Million To Couple In Workplace Injury Suit

    CHICAGO — A jury in Illinois state court on Nov. 2 awarded a total of $85.9 million to a couple who sued a carbon pipe manufacturer and a company it was shipping piping products to after a truck driver was crushed by the pipes he was supposed to be transporting (Robert Montagano, et al. v. Metal-Matic, Inc., et al., No. 2014 L 8096, Ill. Cir. Cook Co.).

  • November 20, 2017

    West Virginia High Court Affirms Summary Judgment In Medical Malpractice Suit

    CHARLESTON, W.Va. — West Virginia’s high court on Nov. 17 unanimously found that a lower court did not err in granting summary judgment to a hospital and one of its doctors because the statute of limitations had expired before the plaintiffs filed suit (Donna Parsons, et al. v. Herbert J. Thomas Memorial Hospital, et al., No. 16-1178, W.Va. Sup. App., 2017 W. Va. LEXIS 939).

  • November 20, 2017

    Georgia Appeals Panel Orders Summary Judgement In Premises Liability Suit

    ATLANTA — A Georgia appellate panel on Nov. 16 reversed an order from a trial court denying summary judgment to a hospital in a premises liability suit after finding that a man who slipped on ice in the parking lot of the hospital did not show that the hospital had actual knowledge of the danger (St. Joseph’s Hospital of Atlanta Inc. v. Gardner Sewell Hall, et al., No. A17A0824, Ga. App., 3rd Div., 2017 Ga. App. LEXIS 569).

  • November 20, 2017

    Alabama Federal Judge Denies Summary Judgment In Premises Liability Suit

    MOBILE, Ala. — A federal judge in Alabama on Nov. 16 denied a processing plant’s motion for summary judgment in a premises liability suit after finding that a man who injured himself after falling off of a platform properly alleged his premises liability claims and that there is a genuine issue of material fact over whether the danger was open and obvious (Kenneth W. Highfield v. Grede Ii LLC, et al., No. 16-0501, S.D. Ala. 2017 U.S. Dist. LEXIS 189416).

  • November 17, 2017

    Man Injured By Fallen Light Pole Sues In California State Court

    SAN FRANCISCO — A man filed suit in California state court on Nov. 8 against a gas company, claiming that the company was negligent for failing to inspect a light pole that fell on a car in which he was a passenger (Lanny Kelly v. Pacific Gas & Electric Company, No. CGC-17-562383, Calif. Super. San Francisco Co.).

  • November 17, 2017

    Ohio Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit

    LIMA, Ohio — A panel of the Third District Ohio Court of Appeals on Nov. 13 affirmed a trial court’s decision to grant summary judgment to a doctor and a hospital after finding that the statute of limitations in a medical malpractice suit had expired before a couple filed their second amended complaint naming the doctor and hospital (Luciano Garcia, et al. v. Gary J. Parenteau M.D., et al., No. 5-17-13, Ohio App., 3rd Dist., Hancock Co., 2017 Ohio App. LEXIS 4935).

  • November 17, 2017

    Texas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

    BEAUMONT, Texas — A panel of the Ninth District Texas Court of Appeals on Nov. 16 affirmed a verdict in favor of a hospital where a man was given an injection and developed severe pain in his leg following the injection after finding that the verdict was not against the weight of the evidence (Lonnie D. Rodgers Sr. v. The Medical Center of Southeast Texas, No. 09-16-00276-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 10764).

  • November 17, 2017

    Louisiana Appeals Panel Affirms $500,000 Verdict In Medical Malpractice Suit

    SHREVEPORT, La. — A Louisiana appeals panel on Nov. 15 affirmed a $500,000 verdict in a medical malpractice suit after finding that the trial court did not err by excluding the credibility evidence of the expert of a woman who claimed that a doctor breached the standard of care that caused her husband’s death (Wynona Johnson v. Tyrone Tucker M.D., et al., No. 51,723-CA, La. App., 2nd Cir., 2017 La. App. LEXIS 2056).

  • November 16, 2017

    Los Angeles Jury Returns Asbestos Verdict For J&J, Talc Miner

    LOS ANGELES — A California jury on Nov. 16 returned a verdict in favor of Johnson & Johnson in the first ever cosmetic-talc asbestos case taken to trial against the company, while also handing a defense verdict to the company that mined the raw talc, sources told Mealey Publications (Tina Herford, et al. v. AT&T Corp., et al., No. BC646315, Calif. Super., Los Angeles Co.).

  • November 16, 2017

    Arkansas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

    LITTLE ROCK, Ark. — A panel of the Third Division of the Arkansas Court of Appeals on Nov. 15 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err by giving the jury an instruction stating that the jury may only consider the expert testimony of nurses in determining if a nurse was negligent in giving a steroid injection to a patient (Natasha Engleman v. Cindye McCullough, et al., No. CV-16-786, Ark. App. 3rd Div., 2017 Ark. App. 613).

  • November 15, 2017

    1st Circuit Affirms Summary Judgment In Car Crash Suit

    BOSTON — The First Circuit U.S. Court of Appeals on Nov. 13 affirmed a decision by a district court to grant summary judgment to the defendants in a car crash suit after finding that a magistrate judge did not err by striking expert reports from a plaintiff’s opposition to summary judgment (Nana Amoah v. Dennis McKinney, et al., No. 16-2291, 1st Cir., 2017 U.S. App. LEXIS 22694).

  • November 14, 2017

    Colorado Supreme Court Affirms Vacated Verdict In Product Liability Suit

    DENVER — The Colorado Supreme Court on Nov. 13 unanimously held that a trial court erred when it gave the jury in a product liability suit against Ford Motor Co. an instruction allowing the jurors to use the consumer expectation test to determine if a driver’s car seat was unreasonably dangerous because in this case, the court should have instructed the jury on the risk-benefit test (Forrest Walker v. Ford Motor Company, No. 15SC899, Colo. Sup., 2017 Colo. LEXIS 988).

  • November 13, 2017

    Opinions That Accident Led To Death By Painkillers Allowed By Federal Judge

    PHILADELPHIA — Three of four doctors offering expert opinions in a wrongful death action can testify that an accident on a U.S. military base caused a man’s injuries and subsequent death from taking too many pain medications for the injuries, a Pennsylvania federal judge held Nov. 8, finding the causation opinions reliable enough to be admitted (Robert S. Evans v. United States of America, et al., No. 15-1839, E.D. Pa., 2017 U.S. Dist. LEXIS 185563).

  • November 13, 2017

    Texas Appeals Panel Reinstates Sexual Assault Lawsuit

    FORT WORTH, Texas — A majority of a Texas appellate panel on Nov. 9 reversed a trial court’s decision to dismiss a sexual assault civil action against a doctor after finding that a woman who claims that she was sexually assaulted while taking her children in for treatment did not need to file an expert report with her complaint (T.C. v. Ahmad Abo Kayass, No. 02-16-00248-CV, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 10539).

  • November 13, 2017

    Wyo. Supreme Court Orders Partial Summary Judgment In Medical Malpractice Suit

    CHEYENNE, Wyo. — The Wyoming Supreme Court on Nov. 9 ordered that a medical malpractice suit be remanded to a trial court and that partial summary judgment be ordered in favor of a hospital after finding that the hospital did not waive its immunity by purchasing insurance because the insurance did not cover a doctor who was contracted to work for the hospital (Memorial Hospital of Sweetwater County v. Darrell Menapace, No. S-17-0055, Wyo. Sup., 2017 Wyo. LEXIS 137).

  • November 13, 2017

    Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

    TALLAHASSEE, Fla. — State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant’s physicians violate the Florida Constitution’s guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282).

  • November 10, 2017

    Alabama Jury Awards $7.5 Million To Man Injured While Reaching For Watermelon

    PHENIX CITY, Ala. — An Alabama jury on Nov. 8 awarded $7.5 million to a man who injured himself by getting his foot stuck in pallet while reaching for a watermelon at a Wal-Mart store after finding that Wal-Mart was negligent for placing the pallet on the floor where customers were (Henry Walker v. Wal-Mart Stores Inc., No. CV-15-040, Ala. Cir., Russell Co.).

  • November 10, 2017

    Orthopedic Surgeon’s Opinions On Spine Injury Reliable, Magistrate Says

    SAN ANTONIO — A doctor’s expert opinion on whether a spinal injury was caused by an car crash “is sufficiently reliable for admissibility purposes,” a Texas magistrate judge ruled Nov. 9 (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2017 U.S. Dist. LEXIS 185797).