Mealey's Personal Injury

  • May 21, 2019

    New Trial Ordered By Connecticut Appeals Court Over Fall Off Town’s Wall

    HARTFORD, Conn. — Holding that a jury’s responses to interrogatories were inconsistent, a divided Connecticut appeals court vacated a defense verdict on May 17 and ordered a new trial in a dispute over injuries a plaintiff sustained after falling off a town’s retaining wall (Gregg Fisk v.  Redding, et al., No. AC 40216, Conn. App., 2019 Conn. App. LEXIS 211).

  • May 21, 2019

    Undisclosed Deal Reached Before Massachusetts Jury Awards Family $30.5 Million

    BOSTON — The parents of a child who suffered catastrophic brain damage from oxygen deprivation during birth reached a confidential settlement on May 15 with the staffing company that placed the nurse in charge of monitoring the baby’s heartbeat with the hospital.  The parties settled just before a Massachusetts jury awarded the family $30.5 million (Kimberly Kirkwood-Boulter, et al. v. Cross Country Staffing Inc., No. 1584-02372, Mass. Super., Suffolk Co.).

  • May 21, 2019

    Oregon Federal Jury Awards $26.4 Million For Fatal Crash Caused By Road Rage

    PENDLETON, Ore. — An Oregon federal jury awarded more than $26.4 million on May 10 to a man injured in a head-on collision with a semi-truck that killed his wife.  It awarded a total of $6.5 million in punitive damages against two commercial drivers and their employers for the drivers’ road rage-related behavior that caused the crash (Matthew Allison, et al. v. Smoot Enterprises Inc., et al., No. 17-01598, D. Ore.).

  • May 17, 2019

    New Jersey Insurance Guaranty Association Sued For UIM Benefits

    HACKENSACK, N.J. — On May 14, a woman seeks uninsured motorist (UIM) bodily injury benefits from the New Jersey Property Liability Insurance Guaranty Association (NJPLIGA) for injuries sustained when an unidentified driver and vehicle struck her (Andrea Diaz v. New Jersey Property Liability Insurance Guaranty Association, et al., No. BER-L-003726-19, N.J. Super., Bergen Co.).

  • May 16, 2019

    Pennsylvania Federal Judge Strikes Experts, Awards Judgment To Supplement Maker

    PHILADELPHIA — Two experts cannot testify in a product liability suit that a soy-based diet supplement caused a woman to develop hypothyroidism — one because his opinions are unreliable and the other for lack of qualifications — and without the experts to prove causation, the supplement maker is entitled to summary judgment, a Pennsylvania federal judge held May 15 (Angela Loverdi, et al. v. Medifast, Inc., et al., No. 18-2196, E.D. Pa., 2019 U.S. Dist. LEXIS 81739).

  • May 15, 2019

    Judge Rules On Experts In Injury Suit For Sport Utility Vehicle Crash

    PHOENIX — An Arizona federal judge on May 14 allowed a crash-test expert for a recreational-vehicle maker to testify in a product liability suit over a rollover crash that left a man paralyzed but excluded opinions of the plaintiffs’ RV expert about the design of the crash vehicle’s safety equipment and steering (Michael Thompson, et al. v. Polaris Industries Incorporated, et al., No. 16-cv-02868, D. Ariz., 2019 U.S. Dist. LEXIS 81103).

  • May 13, 2019

    Washington Woman Alleges E-Cigarette Battery Explosion, Fire Disfigured Her

    TACOMA, Wash. — A woman who claims that an e-cigarette battery exploded in her pocket and that the subsequent fire permanently disfigured her sued the retailer, distributors and manufacturers in a Washington court on April 29, seeking compensatory and punitive damages (Stephanie Galdarisi v. Vapor St8, et al., No. 19-2-07450-2, Wash. Super., Pierce Co.).

  • May 13, 2019

    Split Louisiana High Court: Granddaughter Not A Claimant Under Malpractice Act

    NEW ORLEANS — A decedent’s granddaughter isn’t a “claimant” under the Louisiana Medical Malpractice Act (MMA), and so her timely complaint of medical malpractice did not suspend prescription when it came to the claims of the decedent’s sons, a split Louisiana Supreme Court ruled May 8 (James E. Guffey, et al. v. Lexington House, LLC, No. 2018-CC-1568, 2019 La. LEXIS 1370).

  • May 13, 2019

    Malpractice Claims Sent Back To Trial Court After Panel Upholds Expert Report

    HOUSTON — A trial court abused its discretion in dismissing malpractice claims against a Texas hospital for the death of a 46-year-old woman who was awaiting a lung transplant and in excluding an expert’s opinion that all of the medical workers involved breached the standard of care to follow orders of the physician in charge, a state appeals court held May 9 in reversing and remanding (Aimee Harvey, et al., v. Kindred Healthcare Operating, Inc., et al., No. 14-17-00479-CV, Texas App., 14th Dist., 2019 Tex. App. LEXIS 3765).

  • May 07, 2019

    Colorado Patient Sues For Injuries From Falling Off Table During Surgery

    DENVER — A patient who sustained a concussion when he fell off the operating table during hernia surgery filed a complaint on April 29 against a surgeon, anesthesiologist, nurses and others in a Colorado federal court (Walter Stricklin v. Brock Bordelon, et al., No. 19-01242, D. Colo.).

  • May 07, 2019

    $11.8 Million Awarded By Florida Jury For Surgery That Led To Leg Amputation

    FORT LAUDERDALE, Fla. — A Florida jury awarded $11,882,175.48 on April 9 to a man whose leg was amputated after knee replacement surgery and his wife.  The couple maintained that the orthopedic surgeon who conducted knee replacement surgery failed to take a complete medical history before the procedure and failed to detect an infection afterward (Matthew Standley, et al. v. Melvin H. Rech, No. 16-019088, Fla. Cir., 17th Jud. Cir., Broward Co.).

  • May 07, 2019

    11th Circuit Voids $300,000 Award, Orders New Trial Over Denied Hearing

    MIAMI — The 11th Circuit U.S. Court of Appeals on April 29 vacated a $300,000 jury award and ordered a new trial over a two-vehicle accident, concluding that a lower court erred in denying the plaintiff a separate hearing to determine whether the defense presented a frivolous defense under Georgia law (Galawezh Showan v. Patrick Pressdee, et al., No. 17-15547, 11th Cir., 2019 U.S. App. LEXIS 12754).

  • May 07, 2019

    Florida Federal Judge OKs $1.25 Million Settlement Of Suit Over Birth Injuries

    MIAMI — The parents of a brain-damaged baby reached a $1.25 million settlement with the federal government, which was approved by a Florida federal judge on April 30.  The couple sued a federally funded hospital network and an obstetrician/gynecologist for a delay in delivering their son, which they alleged resulted in his brain damage (Dayami Hernandez, et al. v. United States, No. 18-20579, S.D. Fla.).

  • May 07, 2019

    California Appeals Court Orders New Trial In Suit Over Fall At Famous Home

    LOS ANGELES — A lower court erred in determining that the firefighter’s rule applied in an action brought by a man who fell off a platform while giving a tour at a famous home because he was not hired to manage the dangerous condition that injured him, a California appeals court held April 25 in reversing and remanding for a new trial (Edward Harry v. Ring the Alarm LLC, et al., No. B286084, Calif. App., 2nd App. Dist., Div. 4, 2019 Cal. App. LEXIS 383).

  • May 07, 2019

    Georgia Appeals Court Upholds $2.2 Million Award To Gambling Boat Passenger

    ATLANTA — A Georgia appeals court affirmed on April 29 a $2.2 million verdict to a passenger who fell down an open hatch on a gambling boat and denial of a new trial motion.  The cruise line was estopped from asserting that the suit was untimely because of its efforts to discourage the plaintiff from filing suit, it said (Golden Isles Cruise Lines Inc. v. Robert Bruce Lowie, et al., No. A19A0291, Ga. App., 2nd Div., 2019 Ga. App. LEXIS 232).

  • May 07, 2019

    Wisconsin Supreme Court Reinstates Dismissal Of Claims Against Gun Website

    MADISON, Wis. — A divided Wisconsin Supreme Court reinstated a trial court’s dismissal of claims against an online firearm marketplace, which a mass shooter had used to illegally purchase a gun the day before he killed his estranged wife and two others.  It concluded April 30 that the website was protected from liability as a publisher of third-party information (Yasmeen Daniel v. Armslist LLC, et al., No. 2017AP344, Wis. Sup., 2019 WI 47).

  • May 07, 2019

    11th Circuit Offers Railroad Worker $1.41 Million Award Or New Trial On Damages

    MIAMI — The 11th Circuit U.S. Court of Appeals agreed with a railroad on April 29 that a $1.5 million jury award for future lost wages to an employee who injured his knee on the job was excessive and gave the plaintiff the option of trimming the award to $1.41 million or holding a new trial on damages (Leslie J. Cephus v. CSX Transportation Inc., No. 18-10533, 11th Cir., 2019 U.S. App. LEXIS 12855).

  • May 07, 2019

    Injuries To Woman Who Fell From Georgia Nursing Home Bed Result In $1.8M Jury Award

    DECATUR, Ga. — A Georgia jury on April 30 awarded $1.8 million for pain and suffering to the estate of a 70-year-old woman who was injured and later died after she fell from bed in a nursing home while the linens were being changed, while finding for the defendant on the plaintiff’s wrongful death claim (Keith Mitchell, et al. v. Tucker Investments & Associates, LLC, No. 17A65415, Ga. State, DeKalb Co.).

  • May 07, 2019

    Allowed Expert Testimony Keeps Alive Injury Suit Against CVS Over Wrong Pills

    COLUMBUS, Ohio — While a product liability claim against a pharmacy filed by a woman who took the wrong medication fails at the summary judgment stage for lack of proof of a defective product, her personal injury negligence claim survives based on the causation opinions of her pharmacology expert, whose qualifications were upheld by an Ohio federal judge May 3 (Pamela Sue Mason v. CVS Health, No. 2:17-cv-787, S.D. Ohio, 2019 U.S. Dist. LEXIS 75149).

  • May 06, 2019

    Texas Supreme Court Vacates Sanctions, Punitive Awards Against Driver

    AUSTIN, Texas — The Texas Supreme Court vacated a $37,000 sanctions award and a $75,000 punitive damage award to a pedestrian who was hit by a vehicle.  It concluded April 26 that the vehicle driver was allowed to concede negligence after denying it during discovery and that there was no evidence that the driver was grossly negligent (Christopher Medina v. Jennifer L. Zuniga, No. 17-0498, Texas Sup., 2019 Tex. LEXIS 387).

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