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Mealey's Personal Injury

  • February 6, 2019

    BP Wins Summary Judgment In Suit Claiming Exposure To Dispersants Caused Injuries

    NEW ORLEANS — A federal judge in Louisiana on Feb. 4 awarded summary judgment to BP Exploration & Production Inc. in a suit brought by a man who claimed exposure to dispersants during cleanup of the oil spill in the Gulf of Mexico following the explosion of the Deepwater Horizon oil rig caused him to develop chronic conjunctivitis, sinusitis and other injuries, finding that the plaintiff failed to present any evidence on medical causation (Melvin Banegas v. BP Exploration & Production Inc., et al., No. 17-7429, E.D. La., 2019 U.S. Dist. LEXIS 17353).

  • February 5, 2019

    5th Circuit Upholds Use Of Accident Investigator As Expert Witness

    NEW ORLEANS — A trial court properly allowed a Texas state trooper who witnessed and investigated a fatal tractor-trailer crash to offer expert opinions on the cause of the accident, a Fifth Circuit U.S. Court of Appeals panel determined Feb. 1 without reaching the question of whether “an accident investigator can serve as an expert at all” (Alexandro Puga, et al. v. RCX Solutions, Inc., No. 17-41282, 5th Cir., 2019 U.S. App. LEXIS 3346).

  • February 4, 2019

    Expert’s Contradictions Doom Railroad Conductor’s Injury Claims, 7th Circuit Says

    CHICAGO — A railroad conductor lost his bid to hold his employer responsible for an elbow injury when the Seventh Circuit U.S. Court of Appeals on Feb. 1 affirmed dismissal of his federal claims based on the proper exclusion of his causation expert, who contradicted himself in deposition and affidavit testimony (Jeffery A. Kopplin v. Wisconsin Central Limited, No. 17-3602, 7th Cir., 2019 U.S. App. LEXIS 3315).

  • February 1, 2019

    N.J. High Court Remands Ruling That Invalidated Franchise’s Arbitration Clause

    TRENTON, N.J. — A New Jersey Supreme Court on Jan. 22 remanded an appeals panel’s ruling that refused to depart from its 2016 decision invalidating an arbitration clause in an agreement to participate at a trampoline park franchise, finding that reconsideration is warranted in light of a recent New Jersey high court ruling (Alexander Defina v. Go Ahead and Jump 1, LLC, et al., No. 081457, N.J. Sup., 2019 N.J. LEXIS 154).

  • January 30, 2019

    Economic-Loss Opinions Reliable, Judge Rules In Suit Over Crash With Rig

    ST. LOUIS — An expert’s opinions on the lifetime economic loss of a woman who was injured in a crash with a tractor-trailer are sufficiently reliable to be heard at trial, a Missouri federal judge held Jan. 25 in declining the trucker’s bid to exclude the opinions (Nicole Holloway v. Winkler, Inc., et al., No. 4:17-cv-2208, E.D. Va., 2019 U.S. Dist. LEXIS 12211).

  • January 29, 2019

    Illinois Appeals Court Affirms Pickle Maker, Truck Broker Not Liable For Collision

    ELGIN, Ill. — An Illinois appeals court affirmed summary judgment rulings to a pickle producer and a truck brokerage on Jan. 17, holding that they were not liable for injuries a woman sustained in a collision with a tractor-trailer that occurred after its load of cucumbers had been delivered (Derek Brettman, et al. v. M&G Truck Brokerage Inc., et al., No. 18-0236, Ill. App., 2nd Dist., 2019 Ill. App. LEXIS 24).

  • January 29, 2019

    Claims Over Unsterilized Surgical Equipment Revived By Ohio Appeals Court

    COLUMBUS, Ohio — An Ohio appeals court on Jan. 8 reinstated a couple’s claims against a hospital that performed blood draws on the wife for six months after informing her that equipment used to perform her surgery had not been sterilized.  The fact that no infection or disease was detected was irrelevant to the claims, it pointed out (Rhonda Lukie, et al. v. Doctor’s Hospital, et al., No. 17AP-634, Ohio App., 10th Dist., 2019 Ohio App. LEXIS 21).

  • January 29, 2019

    Dismissal Of Birth Injury Allegations Affirmed By Pennsylvania Appeals Court

    HARRISBURG, Pa. — A Pennsylvania Superior Court panel on Jan. 23 affirmed the dismissal of medical malpractice claims against several health care providers by a woman whose son was born with an injury to his right arm (Clare M. Rhoads, et al. v. Sandra E. Hoops, et al., No. 245 MDA 2018, Pa. Super., 2019 Pa. Super. Unpub. LEXIS 240).

  • January 28, 2019

    Texas High Court Remands Widow’s Negligence Action To Review $1.87 Million Award

    AUSTIN, Texas — The Texas Supreme Court on Jan. 25 remanded a negligence action against a neurosurgeon for an appeals court to determine whether a widow presented sufficient testimony to support a jury’s $1.87 million award to her and her children for her husband’s death from aqueductal stenosis (Tracy Windrum, et al. v. Victor Kareh, No. 17-0328, Texas Sup., 2019 Tex. LEXIS 52).

  • January 28, 2019

    Missouri High Court Affirms $28.9 Million Award, Remands On Interest, Payment Issues

    JEFFERSON CITY, Mo. — The Missouri Supreme Court on Jan. 15 affirmed a $28.9 million award to a woman who claimed that the failure to timely diagnose and treat her rare genetic disorder resulted in paralysis and other injuries.  But it reversed and remanded trial court rulings on the payment schedule and post-judgment interest that would have reduced the amount awarded (Emilee Williams v. Mercy Clinic Springfield Communities f/k/a St. John’s Clinic Inc., No. SC96547, Mo. Sup., 2019 Mo. LEXIS 4).

  • January 28, 2019

    Government Protected From Army Base Employee’s Injury Suit, 11th Circuit Concludes

    ATLANTA — The discretionary function exception to the Federal Tort Claims Act (FTCA) protected the federal government from claims brought by a civilian employee who was injured when her car was hit by a descending retractable barrier at a U.S. military base in Alabama, the 11th Circuit U.S. Court of Appeals concluded Jan. 15, reversing a lower court ruling (Shannon Rutherford v. United States, No. 18-10625, 11th Cir., 2019 U.S. App. LEXIS 1271).

  • January 28, 2019

    Jury Verdict For Utility Company Affirmed By Iowa Appeals Court

    DES MOINES, Iowa — The Iowa Court of Appeals on Jan. 23 affirmed a jury verdict that found a utility company’s negligence did not cause a private airplane to crash after its wheels became caught on power lines.  It rejected arguments on fault and comparative fault brought by the family of a passenger who died from burns sustained in the accident (Susan K. Morrison, et al. v. Grundy County Rural Electric Cooperative, No. 17-1001, Iowa App., 2019 Iowa App. LEXIS 66).

  • January 28, 2019

    $4.75 Million Award Over Rock Through Windshield Upheld By Minnesota Appeals Court

    ST. PAUL, Minn. — A Minnesota appeals court on Jan. 14 affirmed a $4.75 million jury award to a driver who was hit by a rock that fell off an overloaded dump truck and crashed through his windshield.  However, it also reversed and remanded for the lower court to determine whether punitive damages are warranted (Carney Lien v. Casper Construction, Inc., et al., No. A17-1994, Minn. App., 2019 Minn. App. Unpub. LEXIS 46).

  • January 28, 2019

    $60 Million Deal Reached To Settle Sex Abuse Claims At Boys School In Haiti

    HARTFORD, Conn. — A university and religious organizations that ran a school for boys in Haiti agreed on Jan. 25 to pay $60 million to settle claims that they allowed students to be sexually abused by an administrator who was later convicted and sent to prison.  The plaintiffs seek approval of a class of at least 133 former students who were abused over a 10-year period (Gesner Lecenat, et al v. Douglas Perlitz, No. 13-01633 and 14-00668, D. Conn.).

  • January 28, 2019

    Dismissal With Prejudice Was Justified, New Jersey Appeals Court Concludes

    TRENTON, N.J. — A trial court was justified in dismissing with prejudice a woman’s lawsuit claiming that she was injured on a bus after she failed twice to appear for independent medical exams, a New Jersey appellate court held Jan. 24 (Lisa A Katramados v. First Transit Inc., et al., No. A-1947-17T1, N.J. Super., App. Div., 2019 N.J. Super. Unpub. LEXIS).

  • January 28, 2019

    5th Circuit Won’t Reinstate Claims Against Casinos For Gambler’s Suicide

    NEW ORLEANS — A Texas federal court properly dismissed a wrongful death suit brought by the widow of a high-stakes gambler who committed suicide over his mounting debts, the Fifth Circuit U.S. Court of Appeals affirmed Jan. 16, holding that she was unable to establish personal jurisdiction over the Las Vegas casino defendants (Sheri W. Head, et al. v. Las Vegas Sands LLC, et al., No. 18-40421, 5th Cir., 2019 U.S. App. LEXIS 1411).

  • January 28, 2019

    $18.7 Million Settlement Ends Hawaii Kidney Damage Suit Against Government

    HONOLULU — A Hawaii federal magistrate judge on Jan. 10 approved a $18.7 million settlement between the federal government and a woman and her family following a $24.7 million award by the magistrate, who concluded that an army hospital was liable for sepsis-related injuries the woman sustained after giving birth, which led to her needing a kidney transplant (Marites Campano, et al. v. United States, No. 15-00439, D. Hawaii).

  • January 28, 2019

    Maryland High Court Rejects Jury Instruction Challenge, Reinstates $329,000 Award

    ANNAPOLIS, Md. — The Maryland Court of Appeals on Jan. 25 rejected a neurosurgeon’s arguments that a trial court confused the jury when it gave instructions on general negligence and foreseeability standards, reinstating a $329,000 award to the plaintiff (Mark Armacost v. Reginald J. Davis, No. 69, Md. App., 2019 Md. LEXIS 47).

  • January 28, 2019

    Infectious Disease Expert Can Testify In Foodborne Illness Case, Judge Rules

    CHARLESTON, S.C. — With an infectious disease expert’s testimony allowed, a couple’s strict liability and breach of warranty claims over a case of food poisoning allegedly from a flounder dinner while on vacation survive a restaurant’s summary judgment bid, though their negligence claim fails for lack of proof that the restaurant caused the flounder to become infected, a South Carolina federal judge held Jan. 25 (Erna Kiessling, et al. v. Kiawah Island Inn Company LLC, No. 2:17-cv-02146, D. S.C., 2019 U.S. Dist. LEXIS 12057).

  • January 25, 2019

    South Carolina Football Coach Hit By Lightning During Practice Sues League

    COLUMBIA, S.C. — A volunteer youth football coach sued the league’s national governing body after he was struck by lightning when a storm arose during practice.  The defendant removed the action from a South Carolina state court to federal court on Jan. 14 (Zachary G. Mumford v. USA Football, Inc., No. 19-119, D. S.C.).