Mealey's Personal Injury

  • May 20, 2022

    California Jury Awards Nearly $2.8 Million To Pedestrian Injured By Vehicle

    LOS ANGELES — A California jury on April 11 awarded $2,764,982 to a man who was injured when a vehicle struck him while he walked in a pedestrian crosswalk, concluding that the driver’s negligence caused the incident (Michael Green v. Mohamad Navab, No. 20STCV27708, Calif. Super., Los Angeles Co.).

  • May 16, 2022

    U.S. High Court Won’t Review Bair Hugger Expert Ruling That Restores MDL Cases

    WASHINGTON, D.C. — The U.S. Supreme Court on May 16 denied review of an Eighth Circuit U.S. Court of Appeals expert witness ruling that opened the way for the reinstatement of more than 5,000 cases alleging that post-surgical infections were caused by the Bair Hugger patient warming device.

  • May 12, 2022

    Wis. High Court Refuses To Dismiss Negligence Claim Against Residential Facility

    MADISON, Wis. — The Wisconsin Supreme Court on May 6 affirmed an appellate court’s reversal of a trial court order dismissing a daughter’s wrongful death and negligence claims against a community-based residential facility (CBRF) after her mother fell there and later died, finding that statutory liability protections for certain health care workers do not apply to CBRFs.

  • May 12, 2022

    Panel Reverses $157M Verdict In Engle Case, Rejects Exception For Same-Sex Couple

    WEST PALM BEACH, Fla. — A Florida appellate panel on May 11 reversed a $157 million Engle verdict to the widower of a deceased smoker and ordered a new trial based on multiple issues, with one judge dissenting from the majority’s finding that the court erred by allowing the widower to pursue noneconomic damages based on the theory that the couple would have been married at the time the smoker’s illness manifested if same-sex marriage had been legal at that time.

  • May 11, 2022

    Solicitor General: High Court Should Not Hear FIFRA Glyphosate Preemption Case

    WASHINGTON, D.C. — The U.S. solicitor general on May 10 filed an amicus curiae brief in the U.S. Supreme Court arguing that it should not hear Monsanto Co.’s appeal of a federal appellate ruling in favor of a glyphosate cancer victim because the lower court correctly held that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) does not preempt the claims and there is no conflict with decisions in other courts or with the standards applied when considering the admissibility of expert testimony.

  • May 11, 2022

    Nursing Home Asks 2nd Circuit To Dismiss COVID Death Appeal As Moot

    BROOKLYN, N.Y. — After a stay was lifted, a nursing home on May 9 filed a reply brief with the Second Circuit U.S. Court of Appeals in support of its motion to dismiss its appeal of a wrongful death suit brought by a son whose father contracted COVID-19 at the facility, arguing that the appeal is moot as the underlying state court suit “no longer exists.”

  • May 11, 2022

    Judge Affirms $5M Asbestos Verdict, Orders Retrial On Apportionment

    LOS ANGELES — A jury’s $5 million award in an asbestos case is well within reason, but its apportionment of no liability to a defendant it found was a substantial factor in a man’s mesothelioma must be retried, a California judge said May 9 in partially granting a plaintiffs’ motion for a new trial.

  • May 10, 2022

    Florida Panel:  Dismissal Proper In Assisted Living Resident’s Negligence Suit

    TALLAHASSEE, Fla. — An assisted living facility’s resident in a May 5 docket entry moved for rehearing en banc two weeks after a Florida appellate panel affirmed a trial court judgment dismissing the resident’s negligence slip-and-fall suit against the facility, finding that the trial court correctly applied the Florida Assisted Living Facilities Act (ALFA) and the resident failed to comply with the act’s presuit requirements and two-year statute of limitations.

  • May 09, 2022

    Plaintiff: John Crane’s Challenges To $18M Asbestos Verdict Fall Short

    FORT LAUDERDALE, Fla. — John Crane Inc. overstates or misstates its case in challenges to how a trial court handled the admission of a causation expert, Florida asbestos law and jury instructions, a widow says April 25 in defending an $18 million verdict.

  • May 06, 2022

    Texas Man Sues ExxonMobil, Others For Wife’s Wrongful Death At Fracking Site

    HOUSTON — A Texas man on April 4 sued ExxonMobil Corp. and others in state court seeking punitive damages and contending that they are liable for the wrongful death of his wife due to an accident while working at a hydraulic fracturing site.

  • May 06, 2022

    9th Circuit: Maritime Wrongful Death Claim Began At Death, Not Asbestos Injury

    SAN FRANCISCO — The three-year statute of limitations on a maritime wrongful death asbestos action began when the seaman died, not when he first learned of his injury, the Ninth Circuit U.S. Court of Appeals said April 29 in reversing summary judgment for three defendants

  • May 06, 2022

    Magistrate: Life-Care Planning Expert’s Opinions Based On Sufficient Foundation

    ERIE, Pa. — A federal magistrate judge in Pennsylvania on May 3 denied a motion to exclude a life-care planning expert opining on future medical costs associated with a possible leg amputation, finding that her testimony is sufficiently rooted in opinions from medical experts in the injury case.

  • May 05, 2022

    1st Circuit Says Expert Exclusion Not An Error, Upholds Summary Judgment

    BOSTON — The First Circuit U.S. Court of Appeals on April 28 upheld summary judgment for a doctor and hospital in a medical malpractice suit, unconvinced by arguments that the lower court erred in excluding an expert after finding her testimony unreliable under Federal Rule of Evidence 702.

  • May 05, 2022

    Insured’s Act Of Firing Pistol Was Not An ‘Accident’ Under Policy, N.C. Panel Says

    RALEIGH, N.C. — A North Carolina appeals panel on May 3 held that an insured’s action of firing a pistol multiple times in the direction of another person was not an “accident” under an insurance policy, affirming a lower court’s ruling that the insurer has no duty to defend or indemnify in an underlying wrongful death lawsuit stemming from the shooting.

  • May 04, 2022

    Florida Federal Magistrate Recommends Allowing Expert In Slip-And-Fall Case

    MIAMI — A Florida federal magistrate on April 20 recommended that a motion to exclude testimony by an orthopedic surgeon retained by Walmart as an expert in a slip-and-fall case be denied, finding that the company’s late disclosure was harmless and that the expert’s testimony is reliable.

  • May 03, 2022

    D.C. Circuit Hears Arguments In COVID Death Suit Appealed Pursuant To PREP Act

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on April 28 heard oral arguments in a county-owned nursing home’s appeal, under the Public Readiness and Emergency Preparedness (PREP) Act, of a Pennsylvania federal judge’s order denying dismissal of a COVID-19-related wrongful death suit against it.

  • May 02, 2022

    Florida Jury Awards $2.5M In Compensatory Damages To Smoker’s Estate

    MIAMI — A Florida jury on April 21 awarded $2.5 million in compensatory damages in an Engle wrongful death action against two tobacco companies brought by the estate of a smoker who died in 1993 from lung cancer, despite one tobacco company’s argument at closings that the smoker was not a Florida resident.  VIDEO FROM THE TRIAL IS AVAILABLE.

  • May 02, 2022

    Kentucky Panel: ‘Care, Custody, Or Control’ Exclusion Bars Coverage For Dog Bite

    FRANKFORT, Ky. — A Kentucky appeals panel on April 29 affirmed a lower court’s finding that homeowners’ insurance coverage for a minor’s injury caused by a dog bite is barred by a policy exclusion for bodily injury caused by certain animals owned by or in the “care, custody, or control” of the insured, finding that the exclusion is unambiguous.

  • May 02, 2022

    High Court Will Decide If Nursing Home Reform Act Confers Private Right Of Action

    WASHINGTON, D.C — The U.S. Supreme Court on May 2 granted a petition for writ of certiorari filed by a rehabilitation facility, its owner and management company seeking review of the Seventh Circuit U.S. Court of Appeals’ ruling that the Federal Nursing Home Reform Act (FNHRA) confers a private right of action to nursing home residents.

  • April 28, 2022

    Jury Awards $2.5M Compensatory Damages In Coloplast Pelvic Mesh Trial

    ORLANDO, Fla. — A Florida federal jury on April 26 awarded a woman $2.5 million in compensatory damages after finding that Coloplast Corp. defectively designed NovaSilk mesh in a pelvic mesh device, failed to adequately warn a doctor about risks of the device, made false statements about the device and fraudulently concealed material facts, all of which caused the plaintiff’s injuries.