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Mealey's Personal Injury

  • February 26, 2019

    Goodyear Tire Hit With $33 Million Jury Award For Texas Man’s Death

    CARRIZO SPRINGS, Texas — A Texas jury awarded $33 million on Feb. 22 to the widow and two children of a man who was killed when his vehicle was struck by a cement truck that had a tire blow out.  The jury held Goodyear Tire & Rubber Co. 90 percent responsible for the man’s death, and the trial spotlighted allegations of the company’s shoddy workmanship and tire plant mismanagement (Elvia Munoz, et al. v. D.G.J. Transport Inc., et al., No. 13-06-12009, Texas Dist., 365th Jud. Dist., Dimmit Co.).

  • February 26, 2019

    Wisconsin Appeals Court: Jury To Decide If Plaintiff Exercised Reasonable Diligence

    MADISON, Wis. — A Wisconsin appeals court on Feb. 14 vacated a trial court ruling in favor of a physician and a hospital and remanded for a jury to decide whether a plaintiff exercised reasonable diligence to determine the cause of his wife’s death after unsuccessful heart surgery and timely filed suit (Estate of Nancy A. Glumske, et al. v. Sean Yetman, et al., No. 2018AP715, Wis. App., Dist. 4, 2019 Wisc. App. LEXIS 82).

  • February 26, 2019

    Utah Army Veteran Sues Earplug Manufacturers For Defective Product

    SALT LAKE CITY — An Army combat veteran in Utah filed a lawsuit on Feb. 15 against the manufacturers of earplugs used by the military, alleging that the devices are defective and that using them caused his hearing loss and tinnitus (Nathan Fortie v. 3M, et al., No. 19-00011, D. Utah).

  • February 25, 2019

    Slip-And-Fall Claims Against White Sox And Roofer Revived By Illinois Appeals Court

    CHICAGO — An Illinois appeals court reinstated claims against the Chicago White Sox organization and a roofing contractor on Feb. 19, saying questions remained about the defendants’ duty of care to an electrician who slipped and fell on the ballpark’s wet roof (Thomas Zahumensky, et al. v. Chicago White Sox, Ltd., et al., No. 1-17-2878, Ill. App., 1st Dist., 2019 Ill. App. LEXIS 90).

  • February 25, 2019

    Mississippi Federal Judge Awards Woman $2.93 Million For Tractor-Trailer Collision

    JACKSON, Miss. — After applying a statutory cap on noneconomic damages, a Mississippi federal judge entered judgment Feb. 19 on a $2.93 million jury award to a woman who was injured when a tractor-trailer driving behind her on a highway rear-ended her vehicle (Ylonda Woulard v. Greenwood Motor Lines Inc., et al., No. 17-00231, S.D. Miss.).

  • February 25, 2019

    Colorado Appeals Court Reinstates Claims Against Planned Parenthood Clinic

    DENVER — A divided Colorado appeals court on Feb. 21 reversed the dismissal of premises liability claims against a Planned Parenthood clinic that was attacked by a mass shooter, concluding that questions remain regarding whether the clinic’s operators were aware of the potential danger victims and survivors faced that day (Samantha Wagner, et al. v. Planned Parenthood Federation of America Inc., et al., No. 17-2304, Colo. App., Div. III, 2019 Colo. App. LEXIS 234).

  • February 25, 2019

    Indiana Appeals Court Revives Suit Against Owner Of Ram That Headbutted Woman

    INDIANAPOLIS — A trial court erred in granting summary judgment to the owner of a ram that headbutted and injured a plaintiff, an Indiana appeals court held Feb 19, saying that a genuine issue of material fact exists as to whether rams are dangerous animals and whether its owner took reasonable measures to prevent the ram from harming invitees on her property (Darlene Perkins v. Kathy Fillio, No. 18A-2278, Ind. App., 2019 Ind. App. LEXIS 73).

  • February 25, 2019

    $7 Million Award To Bicyclist Injured On Federal Property Affirmed By 10th Circuit

    DENVER — The U.S. Air Force Academy failed to provide a justifiable reason for its failure to warn against the danger posed by a large sinkhole on a paved path through its property, the 10th Circuit U.S. Court of Appeals held Feb. 12.  It affirmed a $7 million award to a bicyclist who was injured when his bike hit the sinkhole (James Nelson, et al. v. United States, No. 17-1388, 10th Cir., 2019 U.S. App. LEXIS 4182).

  • February 25, 2019

    Texas Jury Awards Paralyzed Woman $23.6 Million Over Honda Minivan Seat Belt Defect

    DALLAS — A Texas jury concluded Feb. 13 that Honda bore the majority of responsibility for injuries a passenger in a Honda Odyssey minivan sustained in a two-vehicle accident that left her quadriplegic.  The jury awarded the passenger $23.6 million against the auto manufacturer for its defective seat belt design (Sarah Milburn, et al. v. American Honda Motor Co. Inc., No. 16-16470, Texas Dist., 116th Jud. Dist., Dallas Co.).

  • February 25, 2019

    Georgia Jury: Doctor Partly Liable For $4.7 Million Award Over Misplaced Catheter

    ATLANTA — A woman whose leg had to be partially amputated after a catheter was inserted in her femoral artery instead of her femoral vein was awarded $4.7 million on Jan. 31.  A Georgia jury held a critical care physician partially responsible for not detecting the misplaced catheter but apportioned 70 percent of the liability to nonparties (Connie Lockhart v. Glenn R. Bloom, et al., No. 16-003451, Ga. State, Fulton Co.).

  • February 25, 2019

    New York Appellate Court Cuts Medical Procedure Cost From $9.7 Million Award

    NEW YORK — A New York appeals court reduced a $9.7 million jury award to a plaintiff who injured her ankle on an apartment building’s defective stairs by approximately $300,000 on Feb. 21, eliminating compensation for a future medical procedure that it said was unlikely to benefit the plaintiff (Aminata Kromah v. 2265 Davidson Realty LLC, et al., No. 303791/13, N.Y. App., 1st Dept., 2019 N.Y. App. Div. LEXIS 1288).

  • February 15, 2019

    Driver Sues New Jersey Insurance Guaranty Association For Injuries

    PATERSON, N.J. — A New Jersey resident and the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) were named as defendants in a personal injury lawsuit filed Feb. 13 in state court (Maria Rodriguez v. Shamira Tirado, et al., No. PAS-L-000485-19, N.J. Super., Passaic Co.).

  • August 21, 2015

    Estate Appeals Dismissal Of Defective Air Bag Claims Against Honda To 5th Circuit

    HOUSTON — A father who sued a vehicle manufacturer and others in relation to his daughter's death in a vehicle accident argued Aug. 18 before the Fifth Circuit U.S. Court of Appeals that a Texas federal court erred when it dismissed his claims related to allegedly defective air bags (Joseph B. Flynn, et al. v. American Honda Motor Co., et al., No. 15-20220, 5th Cir.).

  • October 26, 2015

    Siemens, Continental Auto: Appeal In Air Bag Injury Case Is Frivolous

    NEW ORLEANS — In two separate motions to dismiss filed Oct. 13, Siemens Corp. and Continental Automotive G.m.b.H urge the Fifth Circuit U.S. Court of Appeals to turn away a personal injury plaintiff’s appeal of a Texas federal judge’s decision to dismiss defective air bag litigation, while American Honda Motor Co. argues in its own brief — also filed Oct. 13 — that dismissal was proper (Joseph B. Flynn, et al. v. American Honda Motor Co., et al., No. 15-20220, 5th Cir.).

  • February 12, 2019

    $3 Million Award For Birth Injury Affirmed By Delaware Supreme Court

    DOVER, Del. — The Delaware Supreme Court on Feb. 4 affirmed a $3 million award to a mother whose son suffered a birth injury that resulted in permanent nerve damage to his right arm.  The court rejected a physician’s arguments that certain expert testimony constituted an impermissible res ipsa loquitur opinion (Peter J. Wong, et al. v. Monica Broughton, et al., No. 133-2018, Del. Sup., 2019 Del. LEXIS 47).

  • February 12, 2019

    1st Circuit Reinstates Claims Against German Manufacturer Over Worker’s Hand Injury

    BOSTON — A German manufacturer is subject to Massachusetts jurisdiction due to the business activities it conducted in the state, the First Circuit U.S. Court of Appeals ruled Jan. 30, reversing a lower court ruling in a negligence suit brought by a worker whose hand was crushed by a metal-bending machine made by the company (Stephen D. Knox, et al. v. MetalForming Inc., et al., Nos. 18-1550 and 18-1551, 1st Cir., 2019 U.S. App. LEXIS 3078).

  • February 12, 2019

    Massachusetts High Court Affirms Woman’s Conviction For Urging Man To Kill Himself

    BOSTON — The Massachusetts Supreme Judicial Court on Feb. 6 affirmed the conviction of a woman who convinced her boyfriend through calls and texts to finish his plan to commit suicide by getting back in his carbon monoxide-filled truck.  It rejected her arguments that her conviction of involuntary manslaughter violated her right to free speech and due process (Massachusetts v. Michelle Carter, No. SJC-12502, Mass. Sup. Jud.).

  • February 12, 2019

    Plaintiff’s Age Does Not Merit Equitable Tolling Of Time Limits, 9th Circuit Says

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed Jan. 31 that there is no minority tolling of the Federal Tort Claims Act’s (FTCA) statute of limitations and that a plaintiff’s minority alone during a wrongful death action brought by his mother after his father’s death does not merit equitable tolling of the statute of limitations (Anthony K. Booth v. United States, No. 16-17084, 9th Cir., 2019 U.S. App. LEXIS 3174).

  • February 12, 2019

    Louisiana Federal Judge Awards $3.3 Million To Barge Worker For Injuries

    NEW ORLEANS — A Louisiana federal judge awarded a worker and his wife more than $3.3 million on Feb. 1 for injuries he sustained after falling into a river while moving equipment from a crew boat to a barge (Devin Barrios, et al. v. Centaur LLC, et al., No. 17-00585, E.D. La., 2019 U.S. Dist. LEXIS 16990).

  • February 11, 2019

    Texas Judge Won’t Dismiss Claims Against Retailer That Sold Gun To Church Shooter

    SAN ANTONIO — A Texas state judge on Feb. 4 denied a firearm retailer’s motion to dismiss negligence claims brought by the family of a mother and two of her children who were among the 26 people killed by a mass shooter in a church in 2017 (Chris Ward, et al. v. Academy Ltd., No. 2017-23341, Texas Dist., Bexar Co., 407th Dist.).