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Mealey's Personal Injury

  • March 12, 2019

    Florida Federal Judge Says Family Can’t Show Child Got Sick On Ship

    MIAMI — A Florida federal judge granted a cruise ship operator’s motion for summary judgment on Feb. 26, holding that a family could not prove that their toddler contracted salmonella while playing in the ship’s kiddie pool (William Tonelli, et al. v. NCL [Bahamas] Ltd., No. 17-23313, S.D. Fla., 2019 U.S. Dist. LEXIS 30220).

  • March 12, 2019

    11th Circuit Revives Suit Alleging Fall On Stairs Due To Carpet Illusion

    ATLANTA — The 11th Circuit U.S. Court of Appeals reversed and remanded a ruling in favor of a hotel restaurant management company on March 4, concluding that the company had not proven that it owed no duty to a plaintiff who claimed that she fell on stairs because of a carpet pattern that created the optical illusion of a level floor (Billie Sanford, et al. v. Omni Hotels Management Corp., No. 18-11091, 11th Cir., 2019 U.S. App. LEXIS 6525).

  • March 12, 2019

    Oregon Jury Awards Woman Struck By Train $8.7 Million, Holds Her Partly At Fault

    PORTLAND, Ore. — An Oregon jury awarded a pedestrian $15 million on Feb. 25 for the injuries she sustained when she was hit by a train while crossing the tracks at a station platform but held her 42 percent liable for the accident, reducing her award to $8.7 million (Andrea “Amy” Laing v. Tri-County Metropolitan Transportation District of Oregon, et al., No. 17-36490, Ore. Cir., Multnomah Co.).

  • March 12, 2019

    Mississippi Jury Awards $2 Million To Driver In Intersection Collision

    JACKSON, Miss. — A Mississippi jury awarded a driver $2 million on Feb. 28 for economic and noneconomic damages she sustained when her vehicle was hit by another driver at an intersection (Carole Kirkland v. Mary Judith Barnett, No. 17-00474, Miss. Cir., 1st Jud. Dist., Hinds Co.).

  • March 11, 2019

    $9.45 Million Award For Unnecessary Hip Surgery Affirmed By Missouri Court

    ST. LOUIS — A Missouri Court of Appeals on Feb. 26 affirmed a $9,451,875 jury award to a choreographer and dance instructor that included $5 million in punitive damages against an orthopedic practice whose surgeon performed an unnecessary surgery on his right hip (Benny L. Bell v. Hamid R. Redjal, et al., No. ED106320, Mo. App., Eastern Dist., 2019 Mo. App. LEXIS 267).

  • March 11, 2019

    Texas Appeals Court Reinstates Suit Over Death Following Hospital Transfer

    CORPUS CHRISTI, Texas — An expert report supported a plaintiff’s contention that nurses’ failure to tell an obstetrician a patient’s test results deprived him of key information in deciding whether to transfer a pregnant woman to another hospital, a Texas appeals court concluded Feb. 28 in reinstating claims over her death after the transfer (Maria Zamarripa, et al. v. Columbia Valley Health Care System L.P., No. 13-18-00231, Texas App., 13th Dist., 2019 Tex. App. LEXIS 1485).

  • March 11, 2019

    $15 Million Award For Delayed Cancer Diagnosis Affirmed By 7th Circuit

    CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed a $15 million award to a couple, holding on Feb. 27 that a health care center could be held liable for an independent contractor radiologist’s negligence in failing to diagnose the wife’s recurrence of rectal cancer (Courtney Webster, et al. v. CDI Indiana LLC, No. 18-3080, 7th Cir., 2019 U.S. App. LEXIS 5844).

  • March 11, 2019

    Iowa High Court Affirms Patient Was Not Prejudiced By Jury Instructions

    DES MOINES, Iowa — A trial court’s refusal to clarify a jury’s question about allocation of comparative fault in proceedings against an emergency room physician did not prejudice a plaintiff who accused him of failing to timely diagnose her stroke, the Iowa Supreme Court concluded March 1, affirming the trial’s court’s denial of her motion for a new trial (Mandi Mumm v. Jennie Edmundson Memorial Hospital, et al., No. 17-1934, Iowa, Sup., 2019 Iowa Sup. LEXIS 12).

  • March 11, 2019

    Arkansas Wal-Mart Wins Defense Verdict In Trial Over Black Friday Sale Injuries

    FAYETTEVILLE, Ark. — An Arkansas jury found in favor of a Wal-Mart, concluding Feb. 22 that the store was not liable for injuries a customer sustained when she was knocked down during a crowd’s rush to buy electronic devices at a pre-Black Friday sale (Krystal Megan Delima v. Wal-Mart Stores Arkansas LLC, 17-5244, W.D. Ark.).

  • March 11, 2019

    Cruise Passenger Awarded $2 Million By Florida Jury For Negligent Medical Care

    MIAMI — A federal jury in Florida on March 1 found that a cruise ship’s medical staff negligently treated a passenger for a heart problem onboard instead of transferring him to a hospital and awarded the passenger $2,084,000 for the resulting severe heart damage (Andre Ow Buland v. NCL [Bahamas] Ltd., No. 17-24167, S.D. Fla.).

  • March 11, 2019

    West Virginia Jury Awards $16.9 Million To Woman Hurt By Fleeing Wal-Mart Shoplifter

    PARKERSBURG, W.Va. — A West Virginia jury awarded a woman $16,922,000 for injuries she sustained after being knocked down by a fleeing shoplifter in a Wal-Mart, holding the store 70 percent liable and the shoplifter 30 percent liable on March 4 (Johna Diane Ankrom v. Wal-Mart Stores East L.P., No. 15-319, W. Va. Cir., Wood Co.).

  • March 11, 2019

    Georgia Appeals Court Reverses New Trial Order Following $46 Million Award

    ATLANTA — A Georgia appeals court on March 7 reversed a lower court’s order granting a new trial on apportionment among a physician, his employer and a nonparty physician regarding a $46 million jury award to a woman who suffered a catastrophic brain injury after giving birth (Keith Trabue, et al. v. Atlanta Women’s Specialists LLC, et al., No. A18A1508, Ga. App., 2019 Ga. App. LEXIS 140).

  • February 26, 2019

    $151.7 Million Awarded To Alabama Man Paralyzed In Ford Explorer Accident

    SELMA, Ala. — An Alabama jury on Feb. 16 awarded a man who was paralyzed when the Ford Explorer he was riding in rolled over $151,791,000, which includes $100 million in punitive damages (Travaris D. Smith v. Ford Motor Co., et al., 27-2016-900273, Ala. Cir., Dallas Co.).

  • February 26, 2019

    Florida Jury Awards Woman More Than $350,000 For Leaf Blower Injuries

    OCALA, Fla. — A Florida jury on Feb. 21 awarded a woman who was severely injured by flying shrapnel when an electric leaf blower’s impeller exploded more than $350,000 for medical expenses and past and future noneconomic damages (Jessica Sensini v. Lowe’s Home Centers LLC, et al., No. 17-00113, M.D. Fla.).

  • February 26, 2019

    Directed Verdict In Favor Of Hospital Is Affirmed By Indiana Appeals Court

    INDIANAPOLIS — The Indiana Court of Appeals on Feb. 21 affirmed a trial court’s decision to grant a directed verdict in favor of a hospital and obstetrician who were sued by a couple whose baby was born with hyperbilirubinemia that rendered her blind (Marigold Overshiner, et al. v. Hendricks Regional Health, et al., No. 18A-582, Ind. App., 2019 Ind. App. LEXIS 79).

  • 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.).