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Mealey's Personal Injury

  • May 2, 2019

    Mississippi Appeals Court: Expert’s Exclusion Dooms Suit Over Fall At Country Club

    JACKSON, Miss. — With the opinions of a trip-and-fall personal injury plaintiff’s liability expert properly excluded, a trial court correctly awarded the defendant country club summary judgment because without the expert testimony, no genuine issue of material fact exists, a Mississippi appeals court decided April 30 (Owen J. Bradley, et al. v. Diamondhead Country Club and Property Owners Association Inc., No. 2017-CA-01389-COA, Miss. App., 2019 Miss. App. LEXIS 180).

  • April 30, 2019

    U.S. Supreme Court Says TVA Not Protected From Power Line Suit

    WASHINGTON, D.C. — The U.S. Supreme Court on April 29 rejected lower court holdings that the Tennessee Valley Authority (TVA) was immune from suit under the “discretionary function” rule and remanded for a determination of whether the hybrid entity’s conduct that allegedly caused a plaintiff’s injuries from a downed power line is considered governmental or commercial (Gary Thacker, et al. v. Tennessee Valley Authority, No. 17-1201, U.S. Sup., 2019 U.S. LEXIS 3149).

  • April 30, 2019

    3rd Circuit Partially Reverses Voiding Of Cash Advances In NFL Concussion Settlement

    PHILADELPHIA — In a consolidated ruling addressing six appeals, a Third Circuit U.S. Court of Appeals panel on April 26 found that a trial court judge overseeing the National Football League (NFL) concussion injury class settlement had the authority to void prohibited assignments but “went too far” when she voided cash advance agreements between litigation funding entities and class members in their entirety and when she voided certain contractual provisions (In Re: National Football League Players’ Concussion Injury Litigation, Nos. 18-1040, 18-1482, 18-1639, 18-2184, 18-2582 and 18-3005, 3rd Cir., 2019 U.S. App. LEXIS 12563).

  • April 26, 2019

    Medical Examiner’s Opinions On Cause Of Inmate’s Death From Sepsis Excluded

    DETROIT — A forensic pathology expert for the estate of a 37-year-old woman who died while she was a prisoner in a Michigan county jail cannot testify in the estate’s suit against the county and others because his opinions are unreliable and unhelpful, a federal judge decided April 23 (Russell Hubble v. Macomb County, et al., No. 2:16-cv-13504, E.D. Mich., 2019 U.S. Dist. LEXIS 68784).

  • April 23, 2019

    Montana Federal Judge Lets Design Defect Claims Proceed Against Gun Makers

    MISSOULA, Mont. — Parents have plausibly alleged that a design defect in a Remington rifle caused the death of their 16-year-old son when it fired without him pulling the trigger, a Montana federal judge held April 11, refusing to dismiss their claims against gun manufacturers and others (Sharon Teague, et al v. Remington Arms Co. LLC, et al., No. 18-184, D. Mont., Missoula Div., 2019 U.S. Dist. LEXIS 62711).

  • April 23, 2019

    Texas Supreme Court: Water Authority Immune To Suit Over Drowning

    AUSTIN, Texas — The Texas Supreme Court on April 12 partially reversed an appeals court ruling and dismissed all claims against a regional water authority brought by the parents of a woman who drowned after she slipped and fell off a dam while attempting to walk across it (Tarrant Regional Water District v. Richard Johnson, et al., No. 17-0095, Texas Sup., 2019 Tex. LEXIS 374).

  • April 23, 2019

    North Carolina Water Park Settles Suit Over Woman’s Death From Amoeba Infection

    CHARLOTTE, N.C. — The estate of a 22-year-old woman who died after being infected by a microscopic amoeba while whitewater rafting reached a confidential settlement on April 16, ending a suit filed in a North Carolina federal court against a water park and its designers (James Seitz v. U.S. National Whitewater Center Inc., et al., No. 18-00044, W.D. N.C.).

  • April 23, 2019

    Class Complaint Accuses California Hospital Of Secretly Recording Women’s Surgeries

    SAN DIEGO — A hospital secretly recorded more than 1,800 women without obtaining their consent for more than a year as they underwent surgeries and other procedures, a plaintiff argues to a California federal court on April 17 in a proposed class action complaint seeking to represent a class of women who were filmed (Amber Snodgrass v. Sharp HealthCare, et al., No. 19-0702, S.D. Calif.).

  • April 23, 2019

    Music Festival Defendants Not Liable For Woman’s Fall, Michigan Appeals Court Says

    LANSING, Mich. — A plaintiff who fell and broke her ankle after she left a lighted pathway at a music festival could have avoided injury if she had exercised ordinary care, the Michigan Court of Appeals said April 18 in affirming summary judgment for the venue and organizer (Brandi L. Roe v. Michigan International Speedway Inc., et al., No. 342857, Mich. App., 2019 Mich. App. LEXIS 1137).

  • April 23, 2019

    New York Justice Cuts $34.8 Million Award For Early Birth By $11 Million

    WHITE PLAINS, N.Y. — A New York justice on April 5 agreed to reduce a $34.8 million award to a child with severe deficits who was born prematurely after two physicians repeatedly failed to recommend a procedure that could have prevented the preterm delivery.  He said the $20 million awarded for past and future pain and suffering deviated substantially from awards in similar actions and reduced it to $9 million (CLC Jr. v. Westchester Medical Center, et al., No. 51356/14, N.Y. Sup., Westchester Co., 2019 N.Y. Misc. LEXIS 1635).

  • April 23, 2019

    Florida Jury Awards Family $24.5 Million For Mother’s C-Section Death

    FORT LAUDERDALE, Fla. — The husband and four minor children of a woman who died as a result of undiagnosed placenta accreta following a cesarean section were awarded $24.5 million by a Florida jury on April 17 (Rodolfo Vargas Chavez, et al. v. Adolfo Gonzalez-Garcia, et al., No. 18-001011, Fla. Cir., 17th Jud. Cir., Broward Co.).

  • April 23, 2019

    Port Liable For Injuries From Ramp Collapse, Washington High Court Says

    OLYMPIA, Wash. — As the landowner-lessor, a port is liable for injuries to a ramp operator that occurred when a ramp on property leased to the state of Alaska collapsed, the Washington Supreme Court concluded April 11.  It pointed out that the port retained responsibility for repairs to the property in the lease (Shannon C. Adamson, et al. v. Port of Bellingham, No. 96187-5, Wash. Sup., 2019 Wash. LEXIS 262).

  • April 22, 2019

    Woman’s Estate Awarded $4.8 Million By Illinois Jury For Botched Cyst Removal

    DANVILLE, Ill. — An Illinois jury awarded $4.8 million on March 27 to the estate of a woman who died seven years after surgery to remove a cyst damaged a urinary duct and resulted in the loss of a kidney (Amanda Reed v. Muthiah Thangavelu, et al., No. 2010-L-100, Ill. Cir., 5th Jud., Vermilion Co.).

  • April 22, 2019

    20 Suits Filed In Florida Over Students Killed And Injured In Parkland Shooting

    FORT LAUDERDALE, Fla. — Twenty complaints were filed April 10 and 11 against school and law enforcement officials by 10 students injured and on behalf of a teacher and nine students killed in a mass shooting at a high school in Parkland, Fla., in 2018 (Samantha Mayor v. School Board of Broward County, et al., No. 19008071, Fla. Cir., 17th Jud., Broward Co.).

  • April 22, 2019

    Iowa Couple Awarded $12.2 Million For Mistaken Removal Of Man’s Prostate

    DES MOINES, Iowa — A man whose prostate was removed following a cancer diagnosis and who later found out he didn’t have cancer and his wife were awarded $12.2 million in compensatory damages by an Iowa jury April 5 (Rickie Lee Huitt, et al. v. Iowa Clinic, P.C., et al., No. 139726, Iowa Dist., Polk Co.).

  • April 19, 2019

    $10 Million Award For Teens’ Deaths In RV Crash Finalized By Florida Federal Court

    FORT PIERCE, Fla. — A Florida federal judge on April 18 entered final judgment on two $5 million jury awards to the parents of two teenage girls who were killed when an RV driven by a 99-year-old man the wrong way down a highway hit their vehicle (Yvonne Poindexter v. Joseph A. Zacharzewski, et al., No. 18-14155, and Stewart Feketa v. Joseph A. Zacharzewski, et al., No. 18-14156, S.D. Fla.).

  • April 18, 2019

    5th Circuit Fixes Opinion Upholding Use Of Crash Investigator As Expert Witness

    NEW ORLEANS — Although the Fifth Circuit U.S. Court of Appeals on April 17 revised an opinion to correct inconsistent statements, it did not change its original holding that a trial court properly allowed a Texas state trooper who witnessed and investigated a fatal tractor-trailer crash to offer expert opinions on the cause of the accident (Alexandro Puga, et al. v. RCX Solutions, Inc., No. 17-41282, 5th Cir., 2019 U.S. App. LEXIS 11229).

  • April 17, 2019

    Judge Holds California Law Must Be Applied In Injury Case Against Nutribullet

    LOS ANGELES — A California federal judge on April 12 denied a motion filed by the makers of blender products that argued that New Zealand law, rather than California law, should be applied to a consumer’s claims for compensatory and punitive damages in relation to injuries she suffered, holding that California’s interest in the case was greater because New Zealand does not allow litigation for compensatory damages and the state has a strong interest in deterring negligent conduct by businesses within the state (Elizabeth Flack v. Nutribullet, L.L.C., et al., No. 2:18-cv-05829, C.D. Calif., 2019 U.S. Dist. LEXIS 64400).

  • April 17, 2019

    Magistrate Rules On 2 Experts In Suit Over Highway Crash Involving Tractor-Trailer

    SAN ANTONIO — An economics expert can testify about lost-wage damages a driver suffered after a tractor-trailer hit his car, but a trucking safety expert cannot opine that the driver of the rig caused the accident because the expert is not an accident reconstructionist, a Texas federal magistrate judge ruled April 16 (Sergio Alpizar v. John Christner Trucking, LLC, et al., No. 5:17-cv-00712, W.D. Texas, 2019 U.S. Dist. LEXIS 64751).

  • April 16, 2019

    Expert’s Liability Opinions Stricken From Boat Worker’s Slip-Fall Action

    NEW ORLEANS — A Louisiana federal judge on April 11 excluded testimony from a slip-and-fall plaintiff’s liability expert for lack of reliability and relevance but allowed his two damages experts to testify on their calculations of the plaintiff’s lost wages due to his injuries (Joshua T. Lewis v. Marquette Transportation Company, LLC, et al., No. 17-10917, E.D. La., 2019 U.S. Dist. LEXIS 62528).