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Mealey's Personal Injury

  • February 11, 2019

    Texas Jury Awards $1.9 Million To Driver Struck By Truck While Parked On Shoulder

    LAREDO, Texas — A Texas jury awarded $1.9 million on Feb. 1 to a man who was seriously injured when the vehicle he was sitting in on the shoulder of a highway was hit by a tractor-trailer.  It concluded that the truck driver was negligent and 80 percent responsible for the accident (Lawrence Sturden v. Juan Jesus Isaias Lopez, et al., No. 2017-001873D1, Texas 49th Jud. Dist., Webb Co.).

  • February 11, 2019

    Kentucky Jury Awards U.S. Senator $582,000 For Neighbor’s Attack

    BOWLING GREEN, Ky. — A jury in a Kentucky state court awarded U.S. Sen. Rand Paul more than $582,000 on Jan. 30 for medical expenses and punitive damages against a neighbor who attacked Paul while he was doing yard work at his home (Rand Paul v. Rene A. Boucher, No. 18-00890, Ky. Cir., Warren Co.).

  • February 11, 2019

    Pennsylvania Police Officer Paralyzed In Elevator Crash Reaches $20 Million Deal

    PHILADELPHIA — A Philadelphia police sergeant who was paralyzed in an elevator accident at work reached a $20 million settlement of state court litigation on Dec. 13 against companies responsible for the maintenance of the building’s elevators (Paul Owens, et al. v. U.S. Facilities Inc., et al., No. 170103230, Pa. Comm. Pls., Philadelphia Co.).

  • February 11, 2019

    Woman Froze To Death After Verizon Failed To Track Cell Phone Signals, Suit Says

    DOVER, Del. — A woman froze to death waiting for first responders to arrive after Verizon Wireless failed to identify the location of cell phone signals coming from a crashed single-engine aircraft, her family alleges in a complaint filed Jan. 28 in Delaware federal court (David S. Maxwell, et al. v. Cellco Partnership, et al., No. 19-00152, D. Del.).

  • February 11, 2019

    $11.05 Million Awarded To Widow Of Passenger In California Truck Collision

    POMONA, Calif. — The widow of a passenger who was killed when the truck in which he was riding hit a tractor-trailer parked on the shoulder of a highway was awarded $11.05 million by a California jury on Jan. 31, after the jury concluded that the tractor-trailer was illegally parked (Karen Garcia v. Tri-Modal Distribution Services Inc., et al., No. BC536714, Calif. Super., Los Angeles Co.).

  • February 11, 2019

    Motorcyclist Injured By Street Racer Wins $39 Million In 2nd New Jersey Trial

    NEW BRUNSWICK, N.J. — A motorcyclist who lost his right arm and right leg after being hit by a vehicle that was illegally street racing was awarded $39 million on Jan. 31.  The jury award followed a second trial in a New Jersey state court against the industrial business park where the racing took place (Hussein M. Agiz v. Heller Industrial Parks Inc., et al., No. MID-L-4520-13, N.J. Super.).

  • February 11, 2019

    Jury Awards $123 Million To Plaintiffs Injured When Duck Boat Hit Bus On Bridge

    SEATTLE — A Washington jury awarded 38 plaintiffs approximately $123 million on Feb. 7 for injuries they sustained when an amphibious tour group vehicle known as a “duck boat” hit a bus on a Seattle bridge.  The jury held Ride the Ducks International LLC primarily liable for the accident that killed five people and injured more than 55 (Phuong Dinh, et al. v. Ride the Ducks International LLC, et al., No. 15-2-28905-5, Wash. Super., King Co.).

  • February 8, 2019

    Boeing, California Utility Sued For Alleged Roles In Starting ‘Woolsey Fire’

    LOS ANGELES — Boeing Co. and a California electric utility are liable for personal injuries and other damage caused by a wildfire known as the “Woolsey fire” for negligently failing to maintain their properties and heed warnings of high fire risk conditions, nearly 90 plaintiffs argue in a lawsuit filed Feb. 5 in state court (Leo LaPlante, et al. v. Southern California Edison, et al., No. 19-03419, Calif. Super., Los Angeles Co.).

  • February 7, 2019

    California Residents Say Utility’s Negligence Caused ‘Camp Fire’

    SAN FRANCISCO — California residents sued PG&E Corp. in a state court on Jan. 28, alleging that the utility provider’s failure to maintain its aging infrastructure caused the “Camp Fire,” the deadliest wildfire in state history (Majesti Mai Bagorio, et al. v. PG&E Corp., et al., No. 19-554581, Calif. Super., San Francisco Co.).

  • February 7, 2019

    Illinois Panel: Negligence Claim Against Former Nursing Home Operator Fails

    CHICAGO — Allegations by a son that the former operators of a nursing home facility where his mother died in 2014 acted negligently were rejected Jan. 29 by an Illinois appellate court based on undisputed evidence that the defendants in question transferred operation of the nursing home to an unrelated third party two years before the accused conduct (William Harris v. Symphony Countryside LLC, et al., No. 16 L 6058, Ill. App., 1st Dist., 2019 Ill. App. Unpub. LEXIS 127).

  • February 7, 2019

    Vessel Owner To High Court: No Punitive Damages For Unseaworthiness Claims

    WASHINGTON, D.C. — There are no punitive damages for unseaworthiness claims brought under general maritime law, a vessel owner and operator told the U.S. Supreme Court in its Jan. 22 petitioner brief (The Dutra Group v. Christopher Batterton, No. 18-266, U.S. Sup.).

  • February 6, 2019

    BP Wins Summary Judgment In Suit Claiming Exposure To Dispersants Caused Injuries

    NEW ORLEANS — A federal judge in Louisiana on Feb. 4 awarded summary judgment to BP Exploration & Production Inc. in a suit brought by a man who claimed exposure to dispersants during cleanup of the oil spill in the Gulf of Mexico following the explosion of the Deepwater Horizon oil rig caused him to develop chronic conjunctivitis, sinusitis and other injuries, finding that the plaintiff failed to present any evidence on medical causation (Melvin Banegas v. BP Exploration & Production Inc., et al., No. 17-7429, E.D. La., 2019 U.S. Dist. LEXIS 17353).

  • February 5, 2019

    5th Circuit Upholds Use Of Accident Investigator As Expert Witness

    NEW ORLEANS — 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, a Fifth Circuit U.S. Court of Appeals panel determined Feb. 1 without reaching the question of whether “an accident investigator can serve as an expert at all” (Alexandro Puga, et al. v. RCX Solutions, Inc., No. 17-41282, 5th Cir., 2019 U.S. App. LEXIS 3346).

  • February 4, 2019

    Expert’s Contradictions Doom Railroad Conductor’s Injury Claims, 7th Circuit Says

    CHICAGO — A railroad conductor lost his bid to hold his employer responsible for an elbow injury when the Seventh Circuit U.S. Court of Appeals on Feb. 1 affirmed dismissal of his federal claims based on the proper exclusion of his causation expert, who contradicted himself in deposition and affidavit testimony (Jeffery A. Kopplin v. Wisconsin Central Limited, No. 17-3602, 7th Cir., 2019 U.S. App. LEXIS 3315).

  • February 1, 2019

    N.J. High Court Remands Ruling That Invalidated Franchise’s Arbitration Clause

    TRENTON, N.J. — A New Jersey Supreme Court on Jan. 22 remanded an appeals panel’s ruling that refused to depart from its 2016 decision invalidating an arbitration clause in an agreement to participate at a trampoline park franchise, finding that reconsideration is warranted in light of a recent New Jersey high court ruling (Alexander Defina v. Go Ahead and Jump 1, LLC, et al., No. 081457, N.J. Sup., 2019 N.J. LEXIS 154).

  • January 30, 2019

    Economic-Loss Opinions Reliable, Judge Rules In Suit Over Crash With Rig

    ST. LOUIS — An expert’s opinions on the lifetime economic loss of a woman who was injured in a crash with a tractor-trailer are sufficiently reliable to be heard at trial, a Missouri federal judge held Jan. 25 in declining the trucker’s bid to exclude the opinions (Nicole Holloway v. Winkler, Inc., et al., No. 4:17-cv-2208, E.D. Va., 2019 U.S. Dist. LEXIS 12211).

  • January 29, 2019

    Illinois Appeals Court Affirms Pickle Maker, Truck Broker Not Liable For Collision

    ELGIN, Ill. — An Illinois appeals court affirmed summary judgment rulings to a pickle producer and a truck brokerage on Jan. 17, holding that they were not liable for injuries a woman sustained in a collision with a tractor-trailer that occurred after its load of cucumbers had been delivered (Derek Brettman, et al. v. M&G Truck Brokerage Inc., et al., No. 18-0236, Ill. App., 2nd Dist., 2019 Ill. App. LEXIS 24).

  • January 29, 2019

    Claims Over Unsterilized Surgical Equipment Revived By Ohio Appeals Court

    COLUMBUS, Ohio — An Ohio appeals court on Jan. 8 reinstated a couple’s claims against a hospital that performed blood draws on the wife for six months after informing her that equipment used to perform her surgery had not been sterilized.  The fact that no infection or disease was detected was irrelevant to the claims, it pointed out (Rhonda Lukie, et al. v. Doctor’s Hospital, et al., No. 17AP-634, Ohio App., 10th Dist., 2019 Ohio App. LEXIS 21).

  • January 29, 2019

    Dismissal Of Birth Injury Allegations Affirmed By Pennsylvania Appeals Court

    HARRISBURG, Pa. — A Pennsylvania Superior Court panel on Jan. 23 affirmed the dismissal of medical malpractice claims against several health care providers by a woman whose son was born with an injury to his right arm (Clare M. Rhoads, et al. v. Sandra E. Hoops, et al., No. 245 MDA 2018, Pa. Super., 2019 Pa. Super. Unpub. LEXIS 240).

  • January 28, 2019

    Texas High Court Remands Widow’s Negligence Action To Review $1.87 Million Award

    AUSTIN, Texas — The Texas Supreme Court on Jan. 25 remanded a negligence action against a neurosurgeon for an appeals court to determine whether a widow presented sufficient testimony to support a jury’s $1.87 million award to her and her children for her husband’s death from aqueductal stenosis (Tracy Windrum, et al. v. Victor Kareh, No. 17-0328, Texas Sup., 2019 Tex. LEXIS 52).