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Mealey's Personal Injury

  • April 9, 2019

    Ruling For Doctors Vacated By Kentucky Appeals Court In Hand Amputation Suit

    FRANKFORT, Ky. — A Kentucky appeals court on April 5 vacated a lower court’s ruling in favor of two physicians accused of misdiagnosing a plaintiff’s acute limb ischemia and remanded for a determination of whether the delay in treatment caused the amputation of his fingers and part of his left hand (Jake Richmond v. Dr. Jason Hunt, et al., No. 2018-CA-000182, Ky. App., 2019 Ky. App. LEXIS 55).

  • April 9, 2019

    Mississippi Appeals Court Affirms Defense Verdict In Pedicle Screw Dispute

    JACKSON, Miss. — A divided Mississippi appeals court on April 2 affirmed a defense verdict for a neurosurgeon who was accused of breaching the standard of care for misplacing a pedicle screw in a woman’s vertebra (Beverly Knight, et al. v. W. Craig Clark, M.D., No. 2017-CA-00722, Miss. App., 2019 Miss. App. LEXIS 130).

  • April 9, 2019

    Comparative Fault For Crash Cuts Connecticut Award From $2.8 Million To $1.4 Million

    HARTFORD, Conn. — A jury in a Connecticut state court awarded $2.8 million on April 2 to the estate of a man killed when his vehicle collided with a tanker truck improperly parked on the side of a highway.  However, it held the decedent 50 percent liable because his blood-alcohol content exceeded the legal limit and, therefore, reduced the award to $1.4 million (Mirushe Gashi v. Lansford W. Chisholm, et al., No. 5-6061747-S, Conn. Super., Hartford Jud. Dist.).

  • April 9, 2019

    Storm Chasers Caused Fatal Accident, Texas Suit Against The Weather Channel Alleges

    LUBBOCK, Texas — The mother of a man killed when his vehicle was hit by storm chasers racing to film a tornado for their show on The Weather Channel sued the channel and others on March 26 in a Texas federal court (Karen Di Piazza v. Weather Group Television LLC, et al., No. 19-0060, N.D. Texas).

  • April 8, 2019

    Illinois Jury Awards $23.5 Million To Child Born With Brain Damage

    CHICAGO — An Illinois jury awarded a child who was born with severe brain damage $23,594,000 on March 25, siding with the child’s guardian, who argued that a hospital’s health care providers failed to respond to signs of fetal distress and delayed delivering the child by cesarean section, which caused a lack of oxygen to her brain (Amirah Whiten, et al. v. Presence Saint Joseph Hospital – Chicago, No. 2015-L-006427, Ill. Cir., Cook Co.).

  • April 8, 2019

    Jury Instructions, Award For $10.9 Million Affirmed By Georgia Appeals Court

    ATLANTA — A Georgia appeals court affirmed a $10.9 million jury award to a man injured in a two-vehicle collision and his wife, concluding on March 13 that the trial court sufficiently instructed the jury on damages for mental pain and suffering (Clifton Warnock v. Henry Edward Sandford, et al., No. A18A1656, Ga. App., 3rd Div., 2019 Ga. App. LEXIS 177).

  • April 8, 2019

    Oregon Supreme Court Orders New Trial Over Refused Jury Instruction

    SALEM, Ore. — The Oregon Supreme Court concluded April 4 that a trial court’s refusal to give a plaintiff’s requested jury instruction on an original tortfeasor’s liability for the subsequent conduct of another must be reversed and a new trial held on a medical group’s liability for a man’s death from respiratory failure (Dennis L. Sloan v. Providence Health System-Oregon, et al., No. S064748, Ore. Sup., 2017 Ore. LEXIS 397).

  • April 8, 2019

    Pet Store Puppies Sickened 113 People, Says Class Action In Georgia Federal Court

    ATLANTA — A mother and daughter filed a proposed class action in a federal Georgia court on April 2 against the owners and managers of a pet store chain, alleging that they have sold dogs from puppy mills with a bacterial infection that have sickened at least 113 people in 17 states (Dawn Singleton, et al. v. Petland Mall of Georgia LLC, et al., No. 19-01477, N.D. Ga.).

  • April 8, 2019

    Earplug MDL Against 3M Established By JPMDL In Florida Federal Court

    WASHINGTON, D.C. — The U.S. Judicial Panel On Multidistrict Litigation (JPMDL) on April 3 centralized litigation alleging that defective earplugs made by 3M Co. caused plaintiffs to develop hearing loss and/or tinnitus and transferred eight actions pending in four courts to a Florida federal district court (In re:  3M Combat Arms Earplug Products Liability Litigation, MDL 2885, JPMDL).

  • April 8, 2019

    Design Defect Caused Ethiopian Airlines Crash, Says Suit Against Boeing

    CHICAGO — Boeing Co. defectively designed a new flight control system for a 737 aircraft and failed to warn that the system forces the aircraft’s nose down in certain situations, which caused an Ethiopian Airlines flight to crash, killing more than 150 people, a plaintiff alleges in a wrongful death suit filed in an Illinois federal court on March 28 on behalf of a passenger’s estate (Huguette Debets v. Boeing Co., 19-02170, N.D. Ill.).

  • April 8, 2019

    Washington Appeals Court Remands For New Trial On Design Defect In Plane Engine

    SEATTLE — A Washington state court on March 18 affirmed a jury’s finding of negligence against the pilot of a single-engine aircraft that crashed and seriously injured his wife and son and killed his other son.  But it reversed for a new trial on whether any design defect existed in the plane’s engine that proximately caused the crash and, if so, how to allocate fault between the engine manufacturer and the pilot (Stacie Cavner, et al. v. Continental Motors, et al., No. 76178-1-1, Wash. App., Div. 1, 2019 Wash. App. LEXIS 631).

  • April 8, 2019

    $42.7 Million Awarded By Georgia Jury To Man Shot In CVS Parking Lot

    ATLANTA — A man who was robbed at gunpoint and shot several times in the parking lot of an Atlanta CVS was awarded $42.7 million by a Georgia jury on March 22.  The man contended that the pharmacy management refused to hire security guards to keep the crime-ridden location safe (James Carmichael v. Georgia CVS Pharmacy LLC, et al., No. 16EV005617, Ga. State, Fulton Co.).

  • April 8, 2019

    Kentucky Appeals Court: Hospital Not Liable For Plastic Found In Woman’s Abdomen

    FRANKFORT, Ky. — A woman and her husband were unable to identify the “mesh-like” piece of plastic removed from her abdomen or prove that it had been accidentally left behind during her C-section several months before, the Kentucky Court of Appeals concluded March 29, affirming a summary judgment ruling for the hospital (Terry Bowling, et al. v. Baptist Healthcare System Inc., et al., Nos. 2017-CA-001833 and 2017-CA-001839, Ky. App., 2019 Ky. App. Unpub. LEXIS 207).

  • March 29, 2019

    Pedestrian Sues New Jersey Insurance Guaranty Association For Personal Injuries

    JERSEY CITY, N.J. — A pedestrian seeks judgment against the driver of a vehicle that struck her and against New Jersey’s insurance guaranty association for her personal injuries in a March 26 complaint filed in a New Jersey court (Jaqueline Steuth v. Beatrice V. Borower, et al., No. HUD-L-001217-19, N.J. Super., Hudson Co.).

  • March 26, 2019

    California Jury Awards $20 Million To Family Of Man Killed By Drugged Driver

    VENTURA, Calif. — A California jury awarded $20 million to the wife and daughter of a man who was hit and killed by a vehicle driven by a woman under the influence of marijuana and Xanax.  It awarded economic and noneconomic damages on March 1 and punitive damages on March 5 (Erin Prewitt, et al. v. Shante Antoinette Chappell, et al., No. 56-2015-00472997, Calif. Super., Ventura Co.).

  • March 26, 2019

    Kansas Supreme Court Reverses Ruling That Railroad Worker’s Claims Were Untimely

    TOPEKA, Kan. — The Kansas Supreme Court on March 15 reversed an appeals court decision that a railroad employee untimely filed claims that decades of working on trains cumulatively caused his back injuries, holding that the employee presented sufficient evidence that he had no knowledge of the cause of his injury before the statute of limitations expired (Charles Dawson v. BNSF Railway Co., No. 112,925, Kan. Sup., 2019 Kan. LEXIS 60).

  • March 26, 2019

    Texas Appeals Court Says $100,000 Award To Parents For Monetary Loss Not Justified

    CORPUS CHRISTI, Texas — A Texas appeals court on March 21 affirmed nonpecuniary damage awards to the parents of a man killed when a truck pulled out in front of his motorcycle but recommended that the $100,000 award for future monetary loss be vacated because there was no evidence that they would rely on their son for future financial help (Joel Lawhorn v. Adam Hidinger, et al., No. 13-16-00423, Texas App., 13th Dist., 2019 Tex. App. LEXIS 2183).

  • March 26, 2019

    Washington Appeals Court Vacates $3.5 Million Award, Remands For New Trial

    SEATTLE — A trial court abused its discretion by excluding evidence of a plaintiff’s blood-alcohol level at the time she fell off a second-story apartment balcony, a Washington appeals court held March 18 in vacating a $3.5 million jury verdict and remanding for a new trial against the building owner (Kimberly J. Gerlach v. The Cove Apartments LLC, et al., No. 77179-5-1, Wash. App., Div. 1, 2019 Wash. App. LEXIS 627).

  • March 26, 2019

    Florida Judge Dismisses Claims Against Employer Of Pulse Nightclub Shooter

    WEST PALM BEACH, Fla. — A Florida judge on March 15 dismissed claims brought by survivors and the estates of victims killed in the 2016 Pulse nightclub shooting against the shooter’s employer, pointing out that Omar Mateen’s criminal actions were unrelated to his employment as an armed security guard for the defendant (Angel Colon, et al. v. G4S Secure Solutions [USA] Inc., et al., No. 502017CA003447, Fla. Cir., 15th Jud Cir., Palm Beach Co.).

  • March 26, 2019

    9th Circuit: Injured Man Acting As Own Expert Fails Daubert Standards

    PASADENA, Calif. — A man who was injured using a spray-coating gun failed in his attempt to serve as his own expert witness, causing him to lose his product liability case for lack of causation evidence, the Ninth Circuit U.S. Court of Appeals affirmed March 18 (Jason Scott Theis v. Graco, Inc., No. 17-56723, 9th Cir., 2019 U.S. App. LEXIS 7964).