Mealey's Personal Injury
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June 24, 2019
Judgment In Favor Of McDonald’s Reversed By Indiana Court In Negligence Action
INDIANAPOLIS — Saying that generally “it is improper to grant summary judgment when requests for discovery are pending,” the Indiana Court of Appeals on June 19 reversed a trial court’s order granting summary judgment in favor of McDonald’s Corp. and remanded for further proceedings a case involving a boy who was injured when he fell from a stool at a McDonald’s restaurant (C.D.Q., et al. v. McDonald’s Corp., No. 18A-CT-2109, Ind. App.; 2019 Ind. App. Unpub. LEXIS 758).
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June 24, 2019
Split U.S. Supreme Court Finds No Punitive Damages For Unseaworthiness Claim
WASHINGTON, D.C. — A deckhand who was injured when a hatch blew open may not recover punitive damages on his claim of unseaworthiness, a divided U.S. Supreme Court ruled June 24 (The Dutra Group v. Christopher Batterton, No. 18-266, U.S. Sup.,2019 U.S. LEXIS 4202).
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June 24, 2019
Justices Decline To Review Ruling Allowing Injury Claims Against Tribe, Casino
WASHINGTON, D.C. — The U.S. Supreme Court on June 24 agreed with the U.S. government and denied a petition for certiorari challenging an Alabama Supreme Court decision that an Indian tribe is not protected by tribal sovereign immunity from tort claims in a car crash personal injury negligence suit (Poarch Band of Creek Indians, et al. v. Casey Marie Wilkes, et al., No. 17-1175, U.S. Sup.).
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June 20, 2019
3rd Circuit: Expert’s Exclusion Proper In Injured Woman’s Failure-To-Warn Case
PHILADELPHIA — A New Jersey federal judge properly excluded expert testimony for a woman seeking to hold a personal watercraft maker liable for injuries she received in a fall from a watercraft, the Third Circuit U.S. Court of Appeals determined June 17 in also affirming judgment for the watercraft company (Angela Ruggiero v. Yamaha Motor Corporation, U.S.A., et al., No. 18-1206, 3rd Cir, 2019 U.S. App. LEXIS 18143).
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June 17, 2019
New Jersey Panel Again Affirms Ruling Invalidating Franchise’s Arbitration Clause
TRENTON, N.J. — On remand from the New Jersey Supreme Court, a state appeals panel on June 13 again affirmed an earlier decision that invalidated an arbitration clause in an agreement to participate at a trampoline park franchise, rejecting franchisor defendants’ argument that reconsideration of its prior decision is warranted because the arbitration clause is enforceable under two New Jersey rulings (Alexander Defina v. Go Ahead and Jump 1, LLC, et al., No. A-1861-17T2, N.J. Super, App., Div.).
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June 14, 2019
4th Circuit Reverses Exclusion Of Experts In Suit Over Woman’s Death
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on June 12 sent a negligence suit over an elderly woman’s death after taking pills that were mailed to the wrong address back to the trial court to conduct a Daubert analysis for three medical experts because their causation opinions were improperly disallowed (Michael A. Small v. WellDyne, Inc., et al., No. 18-1638, 4th Cir., 2019 U.S. App. LEXIS 17545).
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June 12, 2019
Law Firm, University Face Possible Discovery Sanctions In Sex Assault Class Action
WACO, Texas — Noting repeated discovery violations by Baylor University and law firm Pepper Hamilton, which previously represented it, a Texas federal judge on June 7 declined to reconsider a previous order compelling compliance with a discovery subpoena and scheduled a hearing to consider matters of privilege and potential sanctions (Jane Doe 1, et al. v. Baylor University, No. 6:16-cv-00173, W.D. Texas).
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June 11, 2019
$2.02 Million Award For Child’s Wrist, Arm Injuries Finalized By Illinois Judge
MORRISON, Ill. — An Illinois judge on May 31 entered final judgment of $2.02 million for parents and their child who suffered permanent injuries after a doctor wrapped his wrist and arm too tightly following a fall down stairs when he was 2-1/2 years old (Ryder Milnes, et al. v. Dr. Zewdu Haile, et al., No. 13-55, Ill. Cir., Whiteside Co., 14th Jud. Cir.).
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June 11, 2019
Pennsylvania Jury Awards Injured Worker $2.19 Million For Land-Clearing Accident
PITTSBURGH — A Pennsylvania jury concluded on May 16 that a worker’s negligence contributed to an accident in which he was severely injured when a tractor rolled over him. Therefore, the jury held a land-clearing equipment dealer liable for 75 percent of its $2.9 million award, reducing it to $2.19 million (Michael Huchko, et al. v. Blount International Inc., et al., No. 15-018552, Pa. Comm Pls., Allegheny Co.).
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June 11, 2019
$5.9 Million Awarded By Illinois Jury To Worker Who Fell From Bucket Lift
SYCAMORE, Ill. — An Illinois jury awarded a record $5.9 million on May 7 for a work-related injury in DeKalb County to a man who fell from the bucket of an aerial lift truck when the lift’s boom arm broke (Jeremy Heckelsmiller v. Tom Anderson, et al., No. 16-16, Ill. Cir., DeKalb Co., 23rd Jud. Cir.).
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June 10, 2019
Widow Of Man Resuscitated Against His Wishes Awarded $409,000 By Montana Jury
HELENA, Mont. — A Montana jury awarded more than $409,000 on May 23 to the widow of a man who informed a hospital upon admission of his “do not resuscitate” (DNR) and “do not intubate” (DNI) advance directives but was nevertheless resuscitated twice in two days (Cheryl O’Donnell v. Lee Harrison, et al., No. 2017-850, Mont. Dist., Lewis and Clark Co., 1st Jud. Dist.).
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June 10, 2019
$30 Million Awarded To Estate Of Alabama Man Who Died In ER Waiting For Surgeon
TUSCALOOSA, Ala. — An Alabama jury awarded $30 million on May 16 to the estate of a man who died from a gunshot wound while waiting in an emergency room for a surgical consult from the on-call surgeon who was conducting other surgeries and failed to designate a backup (Lekesha Taylor v. DCH Health Care Authority, et al., No. 63-CV-2014-900872, Ala. Cir., Tuscaloosa Co.).
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June 10, 2019
Minnesota Appeals Court Affirms $3.17 Award For Loss Of Eye To Infection
ST. PAUL, Minn. — The Minnesota Court of Appeals on May 28 affirmed a $3.17 million award to a couple who sued a hospital after an infection the wife contracted following eye surgery resulted in the removal of her left eye (Jeanne Shellum, et al. v. Fairview Health Services, et al., No. A18-1516, Minn. App., 2019 Minn. App. Unpub. LEXIS 485).
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June 10, 2019
Georgia Jury Awards $21.6 Million To Man Hit By Pickup Truck
DALTON, Ga. — A metal recycling worker and his wife were awarded $21.6 million on May 10 for severe injuries he sustained when he was hit by a pickup truck trying to avoid a tractor-trailer blocking the highway as it left the business. A Georgia jury held the tractor-trailer driver and his employer liable for 99.9 percent of the award (Donald Monroe, et al. v. Lane’s Equipment Rental Inc., No. 16CI833-J, Ga. Super., Whitfield Co.).
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June 10, 2019
Passenger Attacked By Dog On Plane Sues Delta Airlines, Dog Owner In Georgia Court
ATLANTA — Delta Air Lines allowed a passenger to bring a large dog on a flight without properly securing the animal, which attacked and bit another passenger in the face several times, according to a complaint filed May 24 in a Georgia court by the injured passenger (Marlin Jackson v. Delta Air Lines Inc., et al., No. 19-0002876, Ga. State, Fulton Co.).
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June 10, 2019
Indiana Appeals Court Vacates $1.25 Million Award For Child’s Chemotherapy Death
INDIANAPOLIS — The Indiana Court of Appeals concluded on May 28 that a couple whose 5-year-old son died from chemotherapy toxicity did not present adequate evidence at trial that the hospital breached the standard of care. Accordingly, it reversed the $1.25 million award to the parents (IU Health, Inc. v. Mike Meece, et al., No. 18A-2968, Ind. App., 2019 Ind. App. Unpub. LEXIS 647).
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June 10, 2019
U.S. High Court To Decide Claim For Damages Over Fatal Border Shooting
WASHINGTON, D.C. — The U.S. Supreme Court on May 28 agreed to decide whether the parents of an unarmed Mexican teenager, who was killed by a U.S. border patrol agent on Mexican soil, can sue under case law that permits damage awards to individuals whose constitutional rights were violated by a federal officer when no other legal remedy exists (Jesus C. Hernandez, et al. v. Jesus Mesa Jr., No. 17-1678, U.S. Sup., 2019 U.S. LEXIS 3691).
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June 10, 2019
$10 Million Deal Reached In Illinois Suit Brought By Worker Who Lost Foot
CHICAGO — A man who lost his foot in a construction accident reached a $10 million settlement with the driver of the truck that hit him and the driver’s employer, the plaintiff’s firm announced June 4 (Victor Calderon v. Ozinga Ready Mix Concrete Inc., et al., No. 16-010247, Ill. Cir., Cook Co.).
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June 7, 2019
Parties Say United States’ GVR Proposal For Tribe’s Tort Case Should Be Rejected
WASHINGTON, D.C. — The U.S. Supreme Court should decline the federal government’s suggestion to grant review, vacate and remand an Alabama Supreme Court decision that an Indian tribe is not protected by tribal sovereign immunity from tort claims in a car crash negligence suit, but should grant certiorari instead to reverse the state court’s ruling, the tribe and its casino business argue in a June 5 supplemental brief (Poarch Band of Creek Indians, et al. v. Casey Marie Wilkes, et al., No. 17-1175, U.S. Sup.).
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May 29, 2019
Off-Premises Injury Not Covered Under Policies, Florida Panel Affirms
TALLAHASSEE, Fla. — A Florida appeals court panel on May 28 affirmed a lower court’s ruling in favor of commercial general liability insurers in their declaratory judgment lawsuit disputing coverage for personal injuries that an independent contractor incurred while drilling a water well for the insureds’ residential customer, finding that the policies did not cover well drilling operations that were unrelated to the insureds' feed store premises (Larry Musselwhite v. Florida Farm General Insurance Company, et al., No. 1D18-780, Fla. App., 1st Dist., 2019 Fla. App. LEXIS 8207).