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Mealey's Personal Injury

  • December 18, 2018

    $3 Million Awarded To Woman Who Lost Toe In Escalator Accident At Arkansas Mall

    LITTLE ROCK, Ark. — A woman whose big toe was severed after it was caught in a defective escalator at an Arkansas mall was awarded $3 million on Dec. 14 against the mall owners and operators and the escalator maintenance company (Aisha Siddiqui v. ERMC II L.P., et al., No. 14-2014-4174, Ark. Cir., Pulaski Co., 2nd Div.).

  • December 18, 2018

    Record $28 Million Awarded In New York To Special Needs Student For Rape, Beating

    WHITE PLAINS, N.Y. — A New York jury on Dec. 3 awarded $28 million to a former special education student who had been threatened, beaten and raped by other high school students and held the school district almost entirely responsible.  The award is believed to be the largest physical and sexual assault jury verdict in New York state history, plaintiff’s attorney Jordan Merson said in a statement (Gloria G., et al. v. City School District of the City of Mount Vernon, et al., No 70026/2012, N.Y. Sup., Westchester Co.).

  • December 17, 2018

    10th Circuit Reverses Dismissal Of Engineer’s Suit Over Defective Seat

    DENVER — A lower court should have focused its analysis on a locomotive engineer’s chair, not on its component parts, such as the adjustment mechanism, the 10th Circuit U.S. Court of Appeals held Dec. 3, reversing the dismissal of a railroad engineer’s claims that he injured himself when he tried to adjust his seat (George W. Straub IV v. BNSF Railway Co., No. 17-1050, 10th Cir., 2018 U.S. App. LEXIS 33816).

  • December 17, 2018

    Driver Hit By Tractor-Trailer Changing Lanes Awarded $1 Million By Indiana Jury

    HAMMOND, Ind. — While the driver of a tractor-trailer and his employer admitted liability for causing an accident when the tractor-trailer changed lanes without warning and hit a vehicle, an Indiana jury awarded the vehicle’s driver $1 million for his injuries against the defendants on Dec. 4 (Richard Spinnenweber v. Robert Laducer et al., No. 14-00101, N.D. Ind.).

  • December 17, 2018

    Illinois Jury Awards $21.5 Million For Child’s Drowning In Park Pool

    CHICAGO — In a wrongful death lawsuit over the drowning death of a 6-year-old in an Illinois community park pool, a jury awarded the child’s estate $21.5 million on Dec. 4 against a day camp program provider and the pool operator (Andrzej Kolodziej v. Justice Park District, et al., No. 14-7775, Cook Co., Ill., Cir.).

  • December 17, 2018

    $25 Million Awarded For NFL Player’s Death In Drunken Driving Crash

    DALLAS — A Texas jury awarded $25 million to the mother of a Dallas Cowboys’ practice squad player who died in a drunken driving accident and his estate Dec. 14.  It held the decedent 4 percent liable and split the remaining liability between the friend who drove while intoxicated and the bar that continued serving them (Stacey M. Jackson, et al. v. Beamers Private Club, et al., No. 13-13245, Texas 191st Dist., Dallas Co.).

  • December 17, 2018

    Colorado High Court: Third Parties In Taped Meeting Nix Attorney-Client Privilege

    DENVER — A divided Colorado Supreme Court on Dec. 3 affirmed a lower court ruling that a recording of a stroke victim’s consultation with an attorney to discuss suing her chiropractor was not protected by attorney-client privilege because her parents sat in on the meeting (In Re Kayla Fox v. William Alfini Jr., et al., No. 18SA92, Colo. Sup., 2018 Colo. LEXIS 962).

  • December 17, 2018

    $4.79M Awarded To Man Who Fell Off Defective Stepladder

    DENTON, Texas — A Texas jury awarded nearly $4.8 million on Oct. 26 to a man who alleged that he sustained severe injuries to his wrist and arm from falling off a collapsing stepladder, concluding that a design defect and lack of warning about hazards related to the stepladder caused his fall (John DeVallee v. Werner Co., et al., No. 2011-40709-362, Texas 442nd Jud. Dist., Denton Co.).

  • December 17, 2018

    11th Circuit Affirms Dismissal Of Ship Passenger’s Claims He Fell In Restricted Area

    MIAMI — A cruise ship passenger failed to persuade the 11th Circuit U.S. Court of Appeals to revive his claims that crew members over-served him alcohol and failed to stop him from entering a restricted area of the ship and falling down an emergency exit hatch.  The appeals court affirmed dismissal of the claims on Dec. 13 (Olivier Caron v. NCL [Bahamas] Ltd., No. 17-15008, 11th Cir., 2018 U.S. App. LEXIS 35012).

  • December 17, 2018

    High Court Won’t Review Claims NHL Failed To Protect Player From Concussions, Drugs

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 3 refused to review the dismissal of a wrongful death suit brought by the parents of a professional hockey player who died from a drug overdose.  The couple maintained that the National Hockey League (NHL) was responsible for their son’s death because it failed to protect him from the dangers of concussions and allowed him to become addicted to painkillers (Len Boogaard, et al. v. National Hockey League, et al., No. 18-419, U.S. Sup.).

  • December 13, 2018

    Florida Panel Cites Judge For ‘Exemplary’ Handling Of Expert Opinions In Crash Suit

    MIAMI — A Florida trial judge properly handled expert witness issues in a personal injury action over a fatal car crash, despite the standards of expert testimony admissibility being disputed in a pending Florida Supreme Court case, a state appeals court panel decided Dec. 12 (Hayes Robertson Group, Inc., et al. v. Timothy Christopher Cherry, et al., Nos. 3D18-106 and 3D17-2704, Fla. App., 3rd Dist., 2018 Fla. App. LEXIS 17907).

  • December 12, 2018

    Without Experts, Woman With Sensitivity To Paving Unlikely To Succeed, Panel Rules

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Dec. 10 refused to reinstate an injunction halting paving work on a road granted to a woman with multiple chemical sensitivity, expressing doubt that she can succeed on her Americans with Disabilities Act claims without expert testimony, which was excluded by the trial court (Cynthia Madej, et al. v. Jeff Maiden, No. 18-4132, 6th Cir., 2018 U.S. App. LEXIS 34741).

  • December 10, 2018

    Supreme Court Will Decide Appeal Over Punitive Damages For Unseaworthiness Claim

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 7 granted a petition for writ of certiorari filed by a vessel owner and operator asking whether punitive damages may be awarded to a seaman on an unseaworthiness claim (The Dutra Group v. Christopher Batterton, No. 18-266, U.S. Sup.).

  • December 5, 2018

    Injury Suit Against Tribe, Officer Sent Back To Florida State Court

    FORT LAUDERDALE, Fla. — A Florida federal judge on Dec. 4 remanded a personal injury action against an Indian tribe and a tribal policeman to state court after finding that the tribe and officer failed to establish federal jurisdiction (Edgar Perea v. Seminole Tribe of Florida, et al., No. 18-62136, S.D. Fla., 2018 U.S. Dist. LEXIS 204553).

  • December 4, 2018

    Florida Plaintiffs Say Aircraft Crashed After Flight Crew Skipped Refueling Stop

    MIAMI — A wrongful death suit filed Nov. 27 against the owners and operators of an airplane that crashed when it ran out of fuel en route to a soccer match in Colombia, killing more than 70 people on board, alleges that the flight crew regularly skipped scheduled stops to refuel (Priscila Elen de Souza Lima, et al. v. Linea Aérea Mérida Internacional de Aviación, et al., No. 2018-039581-01, Fla. Cir., Miami-Dade Co., 11th Jud. Cir.).

  • December 4, 2018

    Oklahoma Federal Judge Awards Family $15 Million For Baby’s Severe Brain Damage

    MUSKOGEE, Okla. — Following a bench trial, an Oklahoma federal judge on Nov. 26 awarded parents and their son $15,066,245.20 for breaches in the standard of care during the baby’s delivery by employees at a federally owned Native American medical center.  The breaches resulted in severe, irreversible brain damage and a life expectancy of 22 years (Alexis Stokes, et al. v. United States, et al., No. 17-0186, E.D. Okla.).

  • December 4, 2018

    California Appeals Court: Testimony By Others Who Sued Surgeon Was Properly Barred

    LOS ANGELES — A trial court correctly barred the testimony of other plaintiffs who sued a surgeon because their names were not disclosed before trial, a California appeals court held Nov. 26 in a suit brought by a patient who claimed that the surgeon misrepresented the results of her back surgery (Shelly Lokietz v. Jeffrey C. Wang, No. B280399, Calif. App., 2nd App. Dist., Div. 4, 2018 Cal. App. Unpub. LEXIS 7907).

  • December 4, 2018

    New Trial Ordered On Apportionment Of $8 Million Award For California SIDS Death

    SAN FRANCISCO — A trial court’s refusal to instruct the jury on comparative fault in a trial against an infant mattress maker was prejudicial error, a California appeal court held Nov. 20.  It reversed and remanded for a new trial on apportionment of an $8 million award to parents whose baby died from SIDS in day care to determine whether the day care center was also negligent (David Karow, et al. v. Evenflo Co. Inc., No. A148893, Calif. App., 1st Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 7833).

  • December 4, 2018

    Poor Medical Care At Texas ICE Facility Led To Child’s Illness And Death, Mother Says

    WASHINGTON, D.C. — A mother whose 19-month-old daughter died after being detained in an Immigration and Customs Enforcement (ICE) facility in Texas filed a $60 million wrongful death claim with the federal government on Nov. 27, alleging that the inadequate medical care at the facility proximately caused her child’s death.

  • December 4, 2018

    Proposed Class Action Alleges NCAA Concealed Concussion Risks From Student-Athletes

    INDIANAPOLIS — A former college football player filed a proposed class action complaint against the National Collegiate Athletic Association (NCAA) and a member conference on Nov. 21 in Indiana federal court, arguing that they failed to protect student-athletes from the risks of concussions despite knowing the head injuries could lead to brain damage (Gary Easley v. National Collegiate Athletic Association, et al., No. 18-3662, S.D. Ind.).