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Mealey's Personal Injury

  • 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.).

  • February 25, 2019

    Colorado Appeals Court Reinstates Claims Against Planned Parenthood Clinic

    DENVER — A divided Colorado appeals court on Feb. 21 reversed the dismissal of premises liability claims against a Planned Parenthood clinic that was attacked by a mass shooter, concluding that questions remain regarding whether the clinic’s operators were aware of the potential danger victims and survivors faced that day (Samantha Wagner, et al. v. Planned Parenthood Federation of America Inc., et al., No. 17-2304, Colo. App., Div. III, 2019 Colo. App. LEXIS 234).

  • February 25, 2019

    Indiana Appeals Court Revives Suit Against Owner Of Ram That Headbutted Woman

    INDIANAPOLIS — A trial court erred in granting summary judgment to the owner of a ram that headbutted and injured a plaintiff, an Indiana appeals court held Feb 19, saying that a genuine issue of material fact exists as to whether rams are dangerous animals and whether its owner took reasonable measures to prevent the ram from harming invitees on her property (Darlene Perkins v. Kathy Fillio, No. 18A-2278, Ind. App., 2019 Ind. App. LEXIS 73).

  • February 25, 2019

    $7 Million Award To Bicyclist Injured On Federal Property Affirmed By 10th Circuit

    DENVER — The U.S. Air Force Academy failed to provide a justifiable reason for its failure to warn against the danger posed by a large sinkhole on a paved path through its property, the 10th Circuit U.S. Court of Appeals held Feb. 12.  It affirmed a $7 million award to a bicyclist who was injured when his bike hit the sinkhole (James Nelson, et al. v. United States, No. 17-1388, 10th Cir., 2019 U.S. App. LEXIS 4182).

  • February 25, 2019

    Texas Jury Awards Paralyzed Woman $23.6 Million Over Honda Minivan Seat Belt Defect

    DALLAS — A Texas jury concluded Feb. 13 that Honda bore the majority of responsibility for injuries a passenger in a Honda Odyssey minivan sustained in a two-vehicle accident that left her quadriplegic.  The jury awarded the passenger $23.6 million against the auto manufacturer for its defective seat belt design (Sarah Milburn, et al. v. American Honda Motor Co. Inc., No. 16-16470, Texas Dist., 116th Jud. Dist., Dallas Co.).

  • February 25, 2019

    Georgia Jury: Doctor Partly Liable For $4.7 Million Award Over Misplaced Catheter

    ATLANTA — A woman whose leg had to be partially amputated after a catheter was inserted in her femoral artery instead of her femoral vein was awarded $4.7 million on Jan. 31.  A Georgia jury held a critical care physician partially responsible for not detecting the misplaced catheter but apportioned 70 percent of the liability to nonparties (Connie Lockhart v. Glenn R. Bloom, et al., No. 16-003451, Ga. State, Fulton Co.).

  • February 25, 2019

    New York Appellate Court Cuts Medical Procedure Cost From $9.7 Million Award

    NEW YORK — A New York appeals court reduced a $9.7 million jury award to a plaintiff who injured her ankle on an apartment building’s defective stairs by approximately $300,000 on Feb. 21, eliminating compensation for a future medical procedure that it said was unlikely to benefit the plaintiff (Aminata Kromah v. 2265 Davidson Realty LLC, et al., No. 303791/13, N.Y. App., 1st Dept., 2019 N.Y. App. Div. LEXIS 1288).