Mealey's Personal Injury

  • August 10, 2021

    Federal Judge OKs Experts In Ex-Inmate’s Case Alleging Inadequate Medical Care

    BENTON, Ill. — Dueling motions to exclude experts both fail in a lawsuit filed in an Illinois federal court alleging inadequate medical care in a prison, a judge said Aug. 2, finding that two defendants in the case can testify as nonretained experts and that the former inmate’s medical experts based their opinions on reliable data.

  • August 09, 2021

    Florida Panel Affirms $12.5M Jury Verdict For Smoker’s Widow

    WEST PALM BEACH, Fla. — A Florida appellate panel on July 22 per curiam affirmed a jury’s $12.5 million compensatory damages verdict in favor of a smoker’s widow who brought an Engle wrongful death action against a tobacco company in a one-page ruling without commenting on the company’s argument that the trial court abused its discretion in part by allowing a doctor to compare the smoker’s illness to being “water-boarded."

  • August 06, 2021

    California Appeals Court Reverses Summary Judgment In Asbestos Death Case

    SAN FRANCISCO — A California state appeals court on Aug. 4 reversed summary judgment in an asbestos mesothelioma death case, saying there is a triable issue whether the defendant’s refractory work aboard a U.S. Navy ship exposed the decedent to asbestos even if he was not present when asbestos was removed.

  • August 06, 2021

    Doctor Targeted In Tribal Member’s Death Not A Federal Employee, Panel Says

    SEATTLE — The family of a 51-year-old Arizona tribal member who died from a tick-borne disease after being diagnosed with a viral infection cannot pursue a Federal Tort Claims Act (FTCA) suit against his treating physician because the doctor was not a federal employee despite working at an Indian hospital operating under a federal contract, the Ninth Circuit U.S. Court of Appeals decided Aug. 4 in affirming dismissal of the suit for lack of jurisdiction.

  • August 05, 2021

    Federal Magistrate:  Expert On Tripping Hazard In Walmart Parking Lot Is Out

    WAYCROSS, Ga. — A Georgia federal judge on July 22 granted Walmart’s motion to exclude an expert retained by a woman alleging that she was injured when she fell in a parking lot, finding that the expert failed to meet the admissibility standards set in Daubert v. Merrell Dow Pharmaceuticals Inc. in reaching his conclusions that the store did not properly maintain or inspect its shopping cart corrals.

  • August 05, 2021

    New Mexico Federal Judge Allows Expert In Car Crash Suit Alleging Tire Defect

    ALBUQUERQUE, N.M. — An expert retained to opine on tread-belt separation in a lawsuit against a tire manufacturer is qualified to testify, a New Mexico federal judge ruled July 27, rejecting the company’s motion to exclude.

  • August 05, 2021

    Life Care Planner Expert Allowed To Testify On Future Care, Costs, Judge Says

    LAFAYETTE, La. — A Louisiana federal judge on July 26 denied an insurer’s motion to exclude testimony from a life care planner expert in a car accident suit, rejecting arguments that he should be barred from testifying because he is not the treating physician.

  • August 03, 2021

    Florida Federal Jury Returns Defense Verdict In C.R. Bard IVC Filter Trial

    TAMPA — A Florida federal court jury on July 21 returned a defense verdict in favor of C.R. Bard Inc. and Bard Peripheral Vascular Inc. (Bard) in a case in which a plaintiff alleged that Bard’s G2 X inferior vena cava (IVC) filter injured her.

  • August 03, 2021

    Jury Awards Plaintiff $386,250 In Bard IVC Trial In Texas Federal Court

    DALLAS — A Texas federal court jury on July 21 awarded a woman $386,250 in compensatory damages after finding that a Recovery inferior vena cava (IVC) filter made by C.R. Bard Inc. and Bard Peripheral Vascular Inc. (Bard) was negligently designed and that the device broke apart inside her body causing injuries.

  • August 03, 2021

    Journalists’ Class Suit Over Treatment By Police Largely Survives Dismissal

    MINNEAPOLIS — A putative class complaint by journalists against the city of Minneapolis and police officials over their treatment while covering protests in 2020 following the death of George Floyd may largely proceed, a federal judge in Minneapolis ruled July 29, dismissing only a Fifth Amendment to the U.S. Constitution claim against state agencies as the amendment applies only to actions of the federal government.

  • August 02, 2021

    Florida Judge Allows Insurer To Intervene, Interplead Funds In Condo Collapse Suit

    MIAMI — A Florida judge on July 21 granted an insurer’s motion to intervene for the limited purpose of interpleading its $1,263,400 policy limits in a consolidated class action arising from the June 24 partial collapse of a Surfside, Fla., condominium high-rise, commending the insurer “for promptly recognizing its obligation to honor its insurance agreements with those who have lost property due to this tragic event, and for promptly tendering its policy limits to those victims who have yet to be located.”

  • July 27, 2021

    Juul MDL Personal Injury Bellwether Claims Mostly Survive Motions To Dismiss

    SAN FRANCISCO — The California federal judge overseeing the multidistrict litigation against e-cigarette maker Juul Labs Inc. (JLI) and related entities on July 22 denied the bulk of motions to dismiss pending bellwether personal injury claims, four of which are set to go to trial in 2022, but dismissed certain claims including state law claims falling outside the relevant statutes.

  • July 27, 2021

    Panel:  Man Alleging Chemical Injury Failed To Provide Evidence Of Causation

    HOUSTON — A Texas appellate panel on July 27 affirmed a trial court’s judgment and held that a municipality was entitled to summary judgment dismissal of a man’s chemical injury lawsuit because he failed to establish a genuine issue of material fact in support of his case.

  • July 23, 2021

    Wis. High Court Asked To Dismiss Wrongful Death Claim Against Residential Facility

    MADISON, Wis. — The “distinction between nursing home and CBRF [community-based residential facility] is without a difference as it pertains to Chapter 655” of the Wisconsin Statutes, a corporation that operates both types of facilities and a hospital on the same campus tells the Wisconsin Supreme Court in a July 14 brief urging reversal of an appellate court decision overturning the dismissal of a wrongful death claim against the CBRF because it is not a health care provider.

  • July 21, 2021

    Federal Judge Dismisses All Punitive Damages Claims Against City Of Newark

    NEWARK, N.J. — A federal judge in New Jersey on July 13 granted in part and denied in part the city of Newark and its public safety director’s motion to dismiss and police officers’ motion for summary judgment in a personal injury lawsuit in which New Jersey Property-Liability Insurance Guaranty Association (NPLIGA) filed a cross-claim seeking contribution from the other defendants for damages caused by a police car chase that led to a collision.

  • July 21, 2021

    Survivors Of 2 Who Died Of COVID-19 Seek To Hold Plant, Partner Responsible

    TEXARKANA, Texas — The survivors of two individuals who died of COVID-19 filed a response on July 16 in a federal court in Texas opposing one of three motions to dismiss their wrongful death lawsuit in which they accuse the operators of a meat-packing plant and a partner of creating an environment in which there was an “uncontrolled” outbreak of the disease.

  • July 21, 2021

    Company Partially Wins Bid To Exclude Maritime Liability Expert In Injury Case

    PADUCAH, Ky. — A Kentucky federal judge on July 16 agreed to limit testimony from a liability expert retained by a man who claims that he was injured while working on a river towing vessel after finding that some of his proposed testimony does not meet the standards set in Daubert v. Merrell Dow Pharmaceuticals Inc.

  • July 20, 2021

    Washington Jury Finds For Brake Defendant After In-Person Asbestos Trial

    TACOMA, Wash. — An in-person Washington state jury on July 6 awarded friction product defendant Pneumo Abex LLC a defense verdict in an asbestos case.

  • July 19, 2021

    Florida Condo Collapse Cases Consolidated In 2 Tracks; Lead Counsel Appointed

    MIAMI — A judge in Florida on July 16 consolidated the cases related to the June 24 partial collapse of a Surfside, Fla., condominium high-rise and appointed a chair lead counsel, as well as counsel to lead the two tracks, one for personal injury and wrongful death and the other for economic loss and property damage.

  • July 19, 2021

    Delaware Judge: Spinal Surgeon Qualified To Opine On Hip Injury Causation

    WILMINGTON, Del. — A doctor who performed spinal surgery on a woman claiming injuries after a slip and fall inside a Walmart store is qualified to testify during the trial on the causation of her hip and spinal injuries, a Delaware state judge ruled July 16, denying the company’s motion to exclude.

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