Mealey's Personal Injury

  • October 21, 2019

    Nevada Jury Awards Driver Injured In Collision With Forklift $5.8 Million

    LAS VEGAS — A Nevada jury on Sept. 27 awarded $5.8 million to a driver who was injured when a forklift hit his vehicle and the fork went through his windshield (Bahram Yahyavi v. Capriati Construction Corp., No. 15-718689, Nev. Dist., Clark Co., 8th Jud. Dist.).

  • October 21, 2019

    New Mexico Jury Awards $40.5 Million For Fatal Crash Caused By Untrained Driver

    SANTA FE, N.M. — A New Mexico jury awarded $40.5 million in compensatory and punitive damages on Oct. 11 to the family of a woman who was killed when a tractor-trailer driven by an unqualified driver crossed a highway median and hit her vehicle head-on (Lee Hunt, et al. v. Werner Enterprises Inc., No. 2017-02015, N.M. Dist., 1st Jud. Dist., Santa Fe Co.).

  • October 21, 2019

    Pedestrian Hit By Car Awarded $12 Million By Florida Jury

    CLEARWATER, Fla. — A pedestrian who lost his right arm after being hit by a car while standing at an intersection was awarded $12 million in damages by a Florida jury on Sept. 11, after the driver admitted liability for the accident (Anthony Burbano, et al. v. Debra Kay Short, et al., No. 13-007750, Fla. Cir., Pinellas Co.).

  • October 21, 2019

    North Carolina Panel Upholds Directed Verdict In Favor Of Franchise

    RALEIGH, N.C. — A panel of the North Carolina Court of Appeals on Oct. 15 refused to undo a directed verdict of no negligent supervision and in so doing rejected the appeal of a motorist injured by a drunk driver who was overserved at a Wild Wing Café franchise (Dung Thang Trang v. LJ Wings Inc., et al., No. 19-142, N.C. App., 2019 N.C. App. LEXIS 843).

  • October 21, 2019

    Texas Supreme Court Says Public University Not Liable For Bicyclist’s Injuries

    AUSTIN, Texas — The Texas Supreme Court on Oct. 18 concluded that the University of Texas could not be sued by a bicyclist who was injured by a university employee while taking a shortcut through campus property because the plaintiff was considered a trespasser.  Therefore, the university’s sovereign immunity was not waived, the state high court held in reversing a lower court (University of Texas at Austin v. April Garner, No. 18-0740, Texas Sup.; 2019 Tex. LEXIS 1040).

  • October 21, 2019

    Justice: Dunkin’ Donuts Did Not Address If Employee Was Negligent In Affixing Lid

    RIVERHEAD, N.Y. — Dunkin’ Donuts Franchise LLC failed to show evidence on the issue of whether its employee negligently attached a lid to a hot tea cup, a New York justice ruled Sept. 19, denying summary judgment in a personal injury lawsuit (Marie Stegner v. Milfa International Corp., et al., No. 13127/2014, N.Y. Sup., Suffolk Co., 2019 N.Y. Misc. LEXIS 5189).

  • October 18, 2019

    $6.12 Million Awarded By California Jury For Injuries In Intersection Collision

    ALHAMBRA, Calif. — A California jury awarded $6.12 million on Oct. 4 to a woman who was seriously injured when a truck ran a red light at an intersection and hit her car.  The plaintiff’s attorneys said prejudgment interest, fees and costs related to the suit against the truck driver and his employer bring the award to more than $7.3 million (Chung Wu Hsu v. R&P Food Processing Inc., et al., No. BC673865, Calif. Super., Los Angeles Co.).

  • October 18, 2019

    $8.16 Million Awarded By Michigan Jury For Death From Carbon Monoxide Leak

    DETROIT — A Michigan jury awarded $8.16 million on Sept. 20 to the family of a woman who died after being overcome by a carbon monoxide leak from soda dispenser equipment in the basement of a local Moose Lodge.  It held the organization 60 percent liable for failing to ensure the equipment was working properly and the company that provided the equipment 40 percent liable (Nicholas A. McKee v. Northville Lodge No. 1190, et al., No. 17-013425, Mich. Cir., Wayne Co.).

  • 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.).

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