Mealey's Personal Injury

  • February 16, 2018

    Missouri Supreme Court Affirms $3.25 Million Verdict In Gunshot Case

    JEFFERSON CITY, Mo. — A majority of the Missouri Supreme Court on Feb. 13 affirmed a $3.25 million verdict in a negligence suit after finding that a woman who was shot in the back of the head on her employer’s property did not make improper arguments to the jury (Amie Wieland v. Owner-Operator Services Inc., No. SC96210, Mo. Sup., 2018 Mo. LEXIS 41).

  • February 16, 2018

    Texas Appeals Panel Affirms $250,000 Judgment In Premises Liability Suit

    DALLAS — A panel of the Fifth District Texas Court of Appeals on Feb. 14 affirmed $250,000 in damages to a man who claimed that he crashed his motorcycle because of a dangerous condition on a state-owned road after finding that the evidence presented at trial was more than enough to show that the Texas Department of Transportation knew about the danger in the road and failed to warn drivers about it (Texas Department of Transportation v. Brain Milton, No. 05-16-00955-CV, Texas App., 5th Dist., 2018 Tex. App. LEXIS 1240).

  • February 16, 2018

    Expert’s Prior Exclusion Not Relevant To Admissibility Inquiry, Magistrate Says

    NEW YORK — A biomechanical engineer is not precluded from testifying in a personal injury action over a car crash just because his opinions were stricken in another recent auto accident case, a New York federal magistrate judge ruled Feb. 14 in denying a bid by the injured driver to exclude the expert’s testimony (Craig Thomas v. YRC Inc., et al., No. 16-cv-6105, S.D. N.Y., 2018 U.S. Dist. LEXIS 24384).

  • February 15, 2018

    Ohio Appeals Panel Affirms Defense Verdict For Doctor And Practice

    AKRON, Ohio — A majority of the Ninth District Ohio Court of Appeals on Feb. 14 affirmed a defense verdict in a medical malpractice suit after finding that the evidence supported the defense verdict in a suit where a woman claimed that her husband’s heart attack and death was caused by the negligence of a doctor and the office where she worked (Jacquelyn L. Scott v. Dennis C. McCluskey, et al., No. 27874, Ohio App., 9th Dist., 2018 Ohio App. LEXIS 582).

  • February 14, 2018

    New Jersey Appeals Panel Affirms Summary Judgment In Dog Bite Suit

    JERSEY CITY, N.J. — In an unpublished opinion released Feb. 13, a New Jersey Superior Court Appellate Division panel affirmed summary judgment for a landlord in a dog bite suit after finding that a landlord was not aware that a dog owned by his tenants had dangerous propensities (Wendy L. Faircloth v. Jeremy Beville, et al., No. A-0447-16T1, N.J. Sup., App. Div., N.J. Super. Unpub. LEXIS 332).

  • February 14, 2018

    Mississippi Appeals Panel Affirms Summary Judgment In ‘Horseplay’ Suit

    JACKSON, Miss. — A panel of the Mississippi Court of Appeals on Feb. 13 affirmed summary judgment for a company in a “horseplay” suit after finding that the company did not owe a duty to supervise an employee who picked up and threw a trucker because the company did not foresee his violent tendencies (Wayne Booth v. Southern Hens Inc., No. 2016-CA-01068-COA, Miss. App., 2018 Miss. App. LEXIS 71).

  • February 13, 2018

    Panel: Auto Insurer Is Liable For Additional Insured’s PIP Benefits

    TRENTON, N.J. — An auto insurer is liable for personal injury protection (PIP) benefits for an unnamed additional insured under terms of a voided insurance contract, a New Jersey appeals panel affirmed Feb. 8 (Tyrone S. Henry Sr., et al. v. Santosh S. Bhowmik, et al., No. A-3331-15T4, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 286).

  • February 13, 2018

    ‘Alt-Right’ Activist Files Motion To Dismiss Charlottesville Injuries Suit

    CHARLOTTESVILLE, Va. — Richard Spencer, a man seen by many as the leader of the “alt-right” movement, on Jan. 30 moved to dismiss a case brought by eight people claiming that they were injured during a free speech rally in August, saying the essence of the claims against him and other “alt-right” leaders and organizations is a “conspiracy theory” (Elizabeth Sines, et al. v. Jason Kessler, et al., No. 3:17-cv-00072, W.D. Va.).

  • February 12, 2018

    Arbitration Ordered in Daughter’s Suit Alleging Poor Care Caused Father’s Death

    ASHLAND, Ky. — A Kentucky federal judge on Feb. 7 sustained a nursing home’s motion to compel arbitration and enjoin a daughter from pursuing claims that poor care ultimately cost her father his life in state court or any manner other than arbitration, finding that the arbitration agreement signed by her father was binding (Diversicare Leasing Corp., et al. v. Rose Hutchinson, et al., No. 17-42, E.D. Ky., 2018 U.S. Dist. LEXIS 19752).

  • February 12, 2018

    New Jersey Federal Judge Dismisses Medical Malpractice Suit

    TRENTON, N.J. — A federal judge in New Jersey on Feb. 9 granted a motion by three doctors to dismiss a medical malpractice suit against them after finding that the court does not have jurisdiction over the case, in which a woman claimed that she contracted an infection after a surgery (Francie Meth v. Thomas Jefferson Hospitals Inc., et al., No. 3:17-CV-13323, D. N.J., 2018 U.S. Dist. LEXIS 21312).

  • February 12, 2018

    Judge: Lack Of Causation Evidence Fatal To Woman’s Suit Against Nursing Home

    LOUISVILLE, Ky. — A woman’s failure to present any causation evidence demonstrating that misconduct by staff at a nursing home caused her mother’s death resulted in a federal judge in Kentucky’s Feb. 7 ruling to award summary judgment to the facility (Janice Colston v. Regency Nursing LLC, No. 16-cv-0050-GNS, W.D. Ky., 2018 U.S. Dist. LEXIS 19757).

  • February 12, 2018

    Some Expert Opinions Stricken In Pelvic Sling Design Defect Lawsuit

    HAMMOND, Ind. — An Indiana federal judge on Feb. 7 trimmed testimony from two experts for a woman who says a faulty pelvic organ prolapse device she had inserted caused her a multitude of physical injuries (Barbara Kaiser, et al. v. Johnson & Johnson, et al., No. 2:17-cv-114, N.D. Ind., 2018 U.S. Dist. LEXIS 19950).

  • February 9, 2018

    $41.5M Award For Girl’s Tick Bite Disease; Expert Rulings Upheld By 2nd Circuit

    NEW YORK — The Second Circuit U.S. Court of Appeals on Feb. 6 affirmed a $41.5 million jury award against a private school in Connecticut for negligence in a lawsuit claiming that a student contracted tick-borne encephalitis (TBE) during a school trip to China, finding that the trial court did not abuse its discretion in its expert witness rulings (Orson D. Munn, III, et al. v. The Hotchkiss School, No. 14-2410, 2nd Cir., 2018 U.S. App. LEXIS 2852).

  • February 9, 2018

    Panel Affirms Partial Judgment In Medical Malpractice Suit

    LAKE CHARLES, La. — A panel of the Third District Louisiana Court of Appeal on Feb. 7 affirmed a ruling from a trial court that claims against a hospital in a medical malpractice suit are subject to a state law that caps general damages against political subdivisions to $500,000 (Brandi Billeaudeau, et al. v. Opelousas General Hospital Authority, et al., No. 17-735, La. App., 3rd Cir., 2018 La. App. LEXIS 215).

  • February 8, 2018

    Suit Filed In California State Court Over Exploding Vaping Device

    ORANGE, Calif. — A man who was injured by a vaping device when it exploded in his face filed suit on Jan. 26 against the store that sold it to him, claiming that the store sold him a defective product (Gregory Gonta v. Tobacco Island, No. 2018-00969705, Calif. Super. Orange Co.).

  • February 8, 2018

    Pennsylvania Jury Awards $40 Million To Parents In Birth Defect Suit

    MEDIA, Pa. — A jury in Pennsylvania state court on Jan. 23 awarded $40 million in damages to the parents of a child after finding that the child sustained a spine injury due to the negligence of a doctor and his practice during her birth (Alex Charlton, et al. v. Steven M. Troy, et al., No. 13-001549, Pa. Comm. Pls., Delaware Co.).

  • February 8, 2018

    Iowa Appellate Panel Affirms Summary Judgment In Medical Malpractice Suit

    DES MOINES, Iowa — An Iowa Court of Appeals panel on Feb. 7 affirmed summary judgment for a doctor in a medical malpractice suit after finding that an expert for a woman who claimed that she was given an unnecessary hysterectomy was not qualified to testify on the applicable standard of care (Kim M. Johnson-Krueger v. Angela J. Aldrich, No. 17-0827, Iowa App., 2018 Iowa App. LEXIS 104).

  • February 8, 2018

    Mississippi Appeals Panel Affirms Dismissal Of Medical Malpractice Suit

    JACKSON, Miss. — A Mississippi Court of Appeals panel on Feb. 6 found that a trial court did not err in excluding the testimony of a medical expert for a man who was injured during a esophagogastroduodenoscopy (EGD) and affirmed the dismissal of a medical malpractice suit that arose from the injury (Otis Fipps v. Greenwood Leflore Hospital, No. 2016-CA-01141-COA, Miss. App., 2018 Miss. App. LEXIS 53).

  • February 7, 2018

    Texas Federal Judge Approves Settlement In Medical Malpractice Suit

    LUBBOCK, Texas — A federal judge in Texas approved a settlement between three doctors and a woman who claimed that the doctors failed to diagnose a bacterial infection in her ex-husband, which led to his death (Connie Shofner v. Fawwaz Shoukfeh M.D., et al., No. 5:15-cv-00152-C, N.D. Texas).

  • February 7, 2018

    Washington Appeals Panel Affirms Summary Judgment In Premises Liability Suit

    SEATTLE — In an unpublished opinion released Feb. 5, a Washington appellate panel affirmed a trial court’s decision to grant summary judgment to a couple who owned a home because a woman who fell and injured herself recognized that the step she fell on was dangerous before she fell and she was not a business invitee and was not owed a duty of protection (Shawna L. Akin v. Julie McKelvey, et al., No. 75725-3-I, Wash. App., Div. 1, 2018 Wash. App. LEXIS 267).