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Mealey's Personal Injury

  • April 16, 2019

    Expert’s Liability Opinions Stricken From Boat Worker’s Slip-Fall Action

    NEW ORLEANS — A Louisiana federal judge on April 11 excluded testimony from a slip-and-fall plaintiff’s liability expert for lack of reliability and relevance but allowed his two damages experts to testify on their calculations of the plaintiff’s lost wages due to his injuries (Joshua T. Lewis v. Marquette Transportation Company, LLC, et al., No. 17-10917, E.D. La., 2019 U.S. Dist. LEXIS 62528).

  • April 14, 2019

    Delaware Judge: Pennsylvania Provider Not Indispensable In Nursing Home Suit

    WILMINGTON, Del. — A Delaware judge on April 8 refused to dismiss a man’s wrongful death and survival suit against an in-state nursing home over injuries his father sustained after falling four times at the facility, holding that health care providers in Pennsylvania who also treated the decedent were not indispensable parties (Richard O’Rangers v. Cadia Rehabilitation Silverside, et al., N18C-12-253 DCS, Del. Super., New Castle Co., 2019 Del. Super. LEXIS 181).

  • April 11, 2019

    1 Opinion By Chiropractor Cut, 1 Allowed In Slip-Fall Suit Against Cruise Line

    MIAMI — A chiropractor who treated a woman after she slipped and fell during a cruise can testify about his knowledge of spinal surgery but cannot opine that the fall caused her injury because he did not submit an expert report, a Florida federal magistrate judge decided April 10 (Julia Underwood v. NCL [Bahamas] Ltd., No. 17-24492, S.D. Fla., 2019 U.S. Dist. LEXIS 61188).

  • April 11, 2019

    New York Jury Awards $110 Million To Bicyclist Hurt By Falling Railroad Tie

    BROOKLYN, N.Y. — A New York jury awarded a bicyclist $110 million on April 9 after he was paralyzed by a falling 10-foot railroad tie from a New York City Transit Authority elevated train construction project (Robert Liciaga v. New York City Transit, No. 0513495/2016, N.Y. Sup., Kings Co.).

  • April 11, 2019

    Pedestrian Sues New Jersey Insurance Guaranty Association For Expenses

    HACKENSACK, N.J. — A New Jersey pedestrian alleges in an April 8 complaint in a state trial court that the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) is responsible for medical expenses incurred in an accident with a negligent unknown driver (Jonathan Frias-Rivas v. New Jersey Property-Liability Insurance Guaranty Association, et al., No. BER-L-002686-19, N.J. Super., Bergen Co.).

  • April 9, 2019

    Pennsylvania Superior Court Remands For New Trial For Pedestrian Hit By Vehicle

    PITTSBURGH — A trial court erred in allowing testimony about how much beer was purchased by the friends of a man who was severely injured when he was hit by a vehicle while walking on the side of a highway, the Pennsylvania Superior Court held April 3 in reversing and remanding for a new trial against the vehicle’s driver (Bobbie Jo Buchholz v. Charity Immel, No. 1348 WDA 2017, Pa. Super., 2019 Pa. Super. Unpub. LEXIS 1220).

  • April 9, 2019

    New Jersey Appeals Court Reinstates Claims That Casino Served Intoxicated Patron

    TRENTON, N.J. — A trial court erred in relying primarily on surveillance videos to determine whether a plaintiff was visibly intoxicated, a New Jersey appeals court held March 29 in remanding an action alleging that a casino is at fault for continuing to serve alcohol to an intoxicated plaintiff who was later hit by a vehicle (Elazora Keith Wright v. Harrah’s Atlantic City Operating Co. LLC, No. A-2331-17T1, N.J. Super., App. Div., 2019 N.J. Super. Unpub. LEXIS 717).

  • April 9, 2019

    Ruling For Doctors Vacated By Kentucky Appeals Court In Hand Amputation Suit

    FRANKFORT, Ky. — A Kentucky appeals court on April 5 vacated a lower court’s ruling in favor of two physicians accused of misdiagnosing a plaintiff’s acute limb ischemia and remanded for a determination of whether the delay in treatment caused the amputation of his fingers and part of his left hand (Jake Richmond v. Dr. Jason Hunt, et al., No. 2018-CA-000182, Ky. App., 2019 Ky. App. LEXIS 55).

  • April 9, 2019

    Mississippi Appeals Court Affirms Defense Verdict In Pedicle Screw Dispute

    JACKSON, Miss. — A divided Mississippi appeals court on April 2 affirmed a defense verdict for a neurosurgeon who was accused of breaching the standard of care for misplacing a pedicle screw in a woman’s vertebra (Beverly Knight, et al. v. W. Craig Clark, M.D., No. 2017-CA-00722, Miss. App., 2019 Miss. App. LEXIS 130).

  • April 9, 2019

    Comparative Fault For Crash Cuts Connecticut Award From $2.8 Million To $1.4 Million

    HARTFORD, Conn. — A jury in a Connecticut state court awarded $2.8 million on April 2 to the estate of a man killed when his vehicle collided with a tanker truck improperly parked on the side of a highway.  However, it held the decedent 50 percent liable because his blood-alcohol content exceeded the legal limit and, therefore, reduced the award to $1.4 million (Mirushe Gashi v. Lansford W. Chisholm, et al., No. 5-6061747-S, Conn. Super., Hartford Jud. Dist.).

  • April 9, 2019

    Storm Chasers Caused Fatal Accident, Texas Suit Against The Weather Channel Alleges

    LUBBOCK, Texas — The mother of a man killed when his vehicle was hit by storm chasers racing to film a tornado for their show on The Weather Channel sued the channel and others on March 26 in a Texas federal court (Karen Di Piazza v. Weather Group Television LLC, et al., No. 19-0060, N.D. Texas).

  • April 8, 2019

    Illinois Jury Awards $23.5 Million To Child Born With Brain Damage

    CHICAGO — An Illinois jury awarded a child who was born with severe brain damage $23,594,000 on March 25, siding with the child’s guardian, who argued that a hospital’s health care providers failed to respond to signs of fetal distress and delayed delivering the child by cesarean section, which caused a lack of oxygen to her brain (Amirah Whiten, et al. v. Presence Saint Joseph Hospital – Chicago, No. 2015-L-006427, Ill. Cir., Cook Co.).

  • April 8, 2019

    Jury Instructions, Award For $10.9 Million Affirmed By Georgia Appeals Court

    ATLANTA — A Georgia appeals court affirmed a $10.9 million jury award to a man injured in a two-vehicle collision and his wife, concluding on March 13 that the trial court sufficiently instructed the jury on damages for mental pain and suffering (Clifton Warnock v. Henry Edward Sandford, et al., No. A18A1656, Ga. App., 3rd Div., 2019 Ga. App. LEXIS 177).

  • April 8, 2019

    Oregon Supreme Court Orders New Trial Over Refused Jury Instruction

    SALEM, Ore. — The Oregon Supreme Court concluded April 4 that a trial court’s refusal to give a plaintiff’s requested jury instruction on an original tortfeasor’s liability for the subsequent conduct of another must be reversed and a new trial held on a medical group’s liability for a man’s death from respiratory failure (Dennis L. Sloan v. Providence Health System-Oregon, et al., No. S064748, Ore. Sup., 2017 Ore. LEXIS 397).

  • April 8, 2019

    Pet Store Puppies Sickened 113 People, Says Class Action In Georgia Federal Court

    ATLANTA — A mother and daughter filed a proposed class action in a federal Georgia court on April 2 against the owners and managers of a pet store chain, alleging that they have sold dogs from puppy mills with a bacterial infection that have sickened at least 113 people in 17 states (Dawn Singleton, et al. v. Petland Mall of Georgia LLC, et al., No. 19-01477, N.D. Ga.).

  • April 8, 2019

    Earplug MDL Against 3M Established By JPMDL In Florida Federal Court

    WASHINGTON, D.C. — The U.S. Judicial Panel On Multidistrict Litigation (JPMDL) on April 3 centralized litigation alleging that defective earplugs made by 3M Co. caused plaintiffs to develop hearing loss and/or tinnitus and transferred eight actions pending in four courts to a Florida federal district court (In re:  3M Combat Arms Earplug Products Liability Litigation, MDL 2885, JPMDL).

  • April 8, 2019

    Design Defect Caused Ethiopian Airlines Crash, Says Suit Against Boeing

    CHICAGO — Boeing Co. defectively designed a new flight control system for a 737 aircraft and failed to warn that the system forces the aircraft’s nose down in certain situations, which caused an Ethiopian Airlines flight to crash, killing more than 150 people, a plaintiff alleges in a wrongful death suit filed in an Illinois federal court on March 28 on behalf of a passenger’s estate (Huguette Debets v. Boeing Co., 19-02170, N.D. Ill.).

  • April 8, 2019

    Washington Appeals Court Remands For New Trial On Design Defect In Plane Engine

    SEATTLE — A Washington state court on March 18 affirmed a jury’s finding of negligence against the pilot of a single-engine aircraft that crashed and seriously injured his wife and son and killed his other son.  But it reversed for a new trial on whether any design defect existed in the plane’s engine that proximately caused the crash and, if so, how to allocate fault between the engine manufacturer and the pilot (Stacie Cavner, et al. v. Continental Motors, et al., No. 76178-1-1, Wash. App., Div. 1, 2019 Wash. App. LEXIS 631).

  • April 8, 2019

    $42.7 Million Awarded By Georgia Jury To Man Shot In CVS Parking Lot

    ATLANTA — A man who was robbed at gunpoint and shot several times in the parking lot of an Atlanta CVS was awarded $42.7 million by a Georgia jury on March 22.  The man contended that the pharmacy management refused to hire security guards to keep the crime-ridden location safe (James Carmichael v. Georgia CVS Pharmacy LLC, et al., No. 16EV005617, Ga. State, Fulton Co.).

  • April 8, 2019

    Kentucky Appeals Court: Hospital Not Liable For Plastic Found In Woman’s Abdomen

    FRANKFORT, Ky. — A woman and her husband were unable to identify the “mesh-like” piece of plastic removed from her abdomen or prove that it had been accidentally left behind during her C-section several months before, the Kentucky Court of Appeals concluded March 29, affirming a summary judgment ruling for the hospital (Terry Bowling, et al. v. Baptist Healthcare System Inc., et al., Nos. 2017-CA-001833 and 2017-CA-001839, Ky. App., 2019 Ky. App. Unpub. LEXIS 207).

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