Mealey's Personal Injury

  • October 17, 2019

    Expert Testimony Ruling Attacked In Petition By City, Officer Over Crash Damages

    WASHINGTON, D.C. — An Ohio city and one of its police officers took their fight against a $7.7 million personal injury judgment against them in a car crash suit to the U.S. Supreme Court on Oct. 8, seeking review of several alleged errors in the case, including the state trial court’s exclusion of expert testimony on drunken driving (East Cleveland, et al. v. Charles Hunt, et al., No. 19-472, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 5463).

  • October 16, 2019

    Rifle Defect Testimony Admitted In Man’s Suit Over Gunshot To Foot

    SAVANNAH, Ga. — With an expert’s opinion that a defective rifle caused a man’s gunshot injury allowed, the gun’s maker is not entitled to summary judgment, a Georgia federal judge held Oct. 15 (Cody Shearouse v. Remington Arms Company, LLC, No. 4:17-cv-107, S.D. Ga., 2019 U.S. Dist. LEXIS 178357).

  • October 14, 2019

    Georgia Appeals Panel Upholds $1.5M Wrongful Death Verdict Against Nursing Home

    ATLANTA — A Georgia appeals court panel on Oct. 10 affirmed a judge’s ruling ordering a nursing home to pay 20 percent of a $7.6 million wrongful death verdict, finding that the trial court judge did not err when denying the plaintiffs’ motion for a directed verdict on apportionment and the facility’s motion challenging the plaintiffs’ request to strike a juror (Lowndes County Health Services LLC v. Gregory Copeland, et al., Nos. A19A1552, A19A1553, Ga. App., 5th Div., 2019 Ga. App. LEXIS 554).

  • October 11, 2019

    Supplier, Insurer Have No Duty To Defend Target Against Product Liability Suit

    LOS ANGELES — A California appeals panel on Oct. 10 affirmed a lower court’s ruling that a pharmaceutical product supplier and its commercial general liability insurer have no duty to defend Target Corp. against an underlying product liability lawsuit  (Target Corporation v. Golden State Insurance Company Limited, et al., No. B279995, Calif. App., 2nd Dist., Div. 6, 2019 Cal. App. LEXIS 1005).

  • October 11, 2019

    Competing Medical Opinion On Cause Of Woman’s Hip Injury Allowed By Judge

    GULFPORT, Miss. — A medical expert for a Mississippi resort can testify that a woman required hip replacement surgery due to pre-existing health issues, not because of her fall at the resort, a federal judge ruled Oct. 8 in denying the woman’s bid to have the testimony thrown out (Pamela Neessen, et al. v. Beau Rivage Resorts, LLC, et al., No. 1:18-cv-134, S.D. Miss., 2019 U.S. Dist. LEXIS 174203).

  • October 11, 2019

    Treating Doctor’s Causation Opinions Allowed In Suit Over Injuries From Plane Ride

    BROOKLYN, N.Y. — A treating physician can testify as an expert witness that a man’s knee injuries were caused when he was struck by a beverage cart during an airline flight, a New York federal judge decided Sept. 30 after finding that the doctor’s statements raised a disputed issue that a jury must decide (Louis Cantelmo v. United Airlines, Inc., No. 17-cv-1730, E.D. N.Y., 2019 U.S. Dist. LEXIS 173889).

  • October 08, 2019

    Missouri Appeals Court Affirms $14 Million Award, Remands For Payment Recalculation

    ST. LOUIS — The Missouri Court of Appeals on Oct. 1 affirmed a $14 million award to a man who had seven feet of his bowel removed after two physicians delayed diagnosis and treatment of a life-threatening condition but agreed to remand for recalculation of periodic future damage payments (Vincent Lowe v. Mercy Clinic East Communities, et al., No. ED106447, Mo. App., Eastern Div., 2019 Mo. App. LEXIS 1559).

  • October 08, 2019

    Florida Federal Judge Denies Cruise Ship’s Bid To Throw Out $3.38 Million Award

    MIAMI — Royal Caribbean Cruises was unable to persuade a Florida federal judge to vacate or reduce a $3.38 million jury award against it for a passenger’s death following a delay in treatment and transfer to a hospital on shore.  The judge denied the defendant’s post-trial motions challenging alleged trial errors and choice of law on Oct. 1 (Laura Goodloe v. Royal Caribbean Cruises Ltd., No. 18-21125, S.D. Fla., 2019 U.S. Dist. LEXIS 169995).

  • October 08, 2019

    $32.1 Million Awarded By Kentucky Jury To Family Of Driver Who Died After Collision

    LAWRENCEBURG, Ky. — A Kentucky jury awarded $32.1 million on Oct. 3 to the widower and two children of a woman who died after a dump truck crossed a highway’s center line and hit her vehicle head-on.  The jury held the truck driver 50 percent liable for the compensatory and punitive damage awards and a hauling company and its owners 50 percent liable (Estate of Marie Garmon, et al. v. Eric Jenkins, et al., No. 12-00395, Ky. Cir., Anderson Co.).

  • October 08, 2019

    California Appeals Court Affirms $5.4 Million Award Over Fatal 3-Vehicle Crash

    SAN FRANCISCO — A California appeals court on Sept. 27 rejected arguments by a driver who was held 15 percent liable for a $5.4 million jury award that his speeding was not a substantial factor in causing a three-car accident that killed a man and severely injured his wife (Young M. Kim, et al. v. Ouramdane Zarour, No. A152133, Calif. App., 1st Dist., Div. 4, 2019 Cal. App. Unpub. LEXIS 6537).

  • October 08, 2019

    Louisiana Judge Hits Goodyear With $7.2 Million Award For Tire Explosion Death

    POINTE-A-LA-HACHE, La. — A Louisiana judge awarded $7.2 million against Goodyear Tire & Rubber Co. on Sept. 10, holding the company liable for failure to warn in the death of a man who was severely injured when a truck tire exploded while he was inflating it (Irene Breaux, et al. v. Goodyear Tire & Rubber Co., et al., No. 61-964, La. Dist., 25th Jud. Dist., Plaquemines Parish).

  • October 08, 2019

    Florida Facility Owner Appeals $4.7 Million Award For Parking Lot Shooting Death

    FORT PIERCE, Fla. — The owner of a facility allegedly operated as a nightclub filed a notice of appeal on Sept. 23 after a jury held it liable for the majority of a $4.7 million award to the three daughters of a woman who was shot in the parking lot of the premises and later died (Teaira Nicole Reed v. Pride of St. Lucie Lodge 1189 Inc., 16-001445, Fla. 19th Jud. Cir., St. Lucie Co.).

  • October 08, 2019

    Missouri Judge Finalizes Record $7.68 Million Award For Baby’s Forceps Injuries

    JOPLIN, Mo. — A Missouri trial court judge entered judgment on a $7.68 million jury award on Sept. 18 for the severe brain injuries a baby suffered when an obstetrician used forceps to deliver him.  The award is believed to be a record medical malpractice award for the county (Mary Hunt, et al. v. Freeman Health Systems, et al., No. 17-00332, Mo. Cir., Jasper Co.).

  • October 08, 2019

    Defense Verdict Rendered By Florida Jury In Suit Over Man’s Sepsis Death

    SARASOTA, Fla. — A Florida jury concluded Sept. 4 that a physician was not negligent in treating a man for a fractured arm, rejecting his widow’s argument that he later died from sepsis caused by the alleged failure to properly diagnose and care for the open fracture (Ruth Green v. Tracy Ng, et al., No. 2017-4212, Fla. Cir., 12th Jud. Cir., Sarasota Co.).

  • October 08, 2019

    Maryland Judge Trims Record $229 Million Award For Child To $205.3 Million

    BALTIMORE — After applying the state’s cap on noneconomic damages, a Maryland judge on Sept. 23 reduced a record $229.6 million jury award to $205.3 million for a child who suffered severe brain damage during delivery after her mother decided against a cesarean section based on misleading information (Zubida Byrom, et al. v. Johns Hopkins Bayview Medical Center Inc., No. 24-C-18-002909, Md. Cir., Baltimore City).

  • October 04, 2019

    MGM, Plaintiffs Settle Las Vegas Shooting Suits For Up To $800 Million

    LAS VEGAS — Counsel representing the victims of the 2017 mass shooting at Mandalay Bay resort in Las Vegas that killed 58 people and injured hundreds more announced Oct. 3 that they reached a settlement that could total up to $800 million with MGM Resorts International, the resort’s owner and operator.

  • October 02, 2019

    Judge:  Not Enough Information To Exclude Expert In Crash Injury Suit

    DALLAS — A Texas federal judge on Sept. 27 decided that he cannot rule on whether a proposed police expert in a suit over injuries suffered in a car crash can testify because neither the suing woman nor the defendant company provided enough information about the expert and testimony, prompting an order for another deposition of the officer (Michele Bailon v. Landstar Ranger, Inc., No. 3:16-cv-1022, N.D. Texas, 2019 U.S. Dist. LEXIS 166550).

  • October 01, 2019

    Ohio Panel Affirms Ruling For Nursing Home In Drowning Negligence Case

    TOLEDO, Ohio — An Ohio appellate panel on Sept. 27 affirmed a grant of summary judgment in favor of a nursing home in a negligence case brought by the estate of a resident who drowned in a pond on the facility’s grounds while traveling in his motorized scooter, finding that the resident had the cognitive ability to recognize the open and obvious risk (Rebecca A. Robertson v. St. Clare Commons, No. WD-18-086, Ohio App., 6th Dist.,  2019 Ohio App. LEXIS 4002).

  • October 01, 2019

    Class Suit Accusing Doctor Of Unnecessary Procedures Kept In Federal Court

    PHILADELPHIA — A class complaint by two Pennsylvania residents accusing a Pennsylvania doctor and the locations where he practices of committing medical malpractice by performing unnecessary procedures belongs in federal court, a federal judge ruled Sept. 20, denying the patients’ claims that the removal was untimely or fell within two Class Action Fairness Act (CAFA) exceptions (Sheila Durnell, et al. v. Gerard Foti, et al., No. 19-2972, E.D. Pa., 2019 U.S. Dist. LEXIS 160599).

  • September 27, 2019

    Judge Will Wait Till Trial In Wrongful Death Suit To Act As Daubert Gatekeeper

    GREAT FALLS, Mont. — A Montana federal judge on Sept. 24 decided to wait until trial to rule on the admissibility of testimony by a medical expert for a family suing the government for wrongful death, agreeing with the Ninth Circuit U.S. Court of Appeals on the court’s gatekeeping role for vetting expert testimony that when there is a bench trial, “‘there is less need for the gatekeeper to keep the gate when the gatekeeper is keeping the gate only for himself’” (Barbara A. Gibson, et al. v. United States, No. 18-112, D. Mont., 2019 U.S. Dist. LEXIS 163372).