PHILADELPHIA — Medical experts opining on the likelihood that a man injured after falling off a ladder can return to work may testify in a lawsuit against the manufacturer, a federal judge in Pennsylvania ruled July 15, but the judge reserved ruling on the admissibility of many of the conclusions the company’s engineering expert reached until closer to trial.
ROANOKE, Va. — Dueling experts opining on the necessity of a spinal surgery for a woman injured in a motor-vehicle accident will both be allowed to testify, a Virginia federal judge ruled June 22, but the judge barred one expert from mentioning a previous suicide attempt, finding that the information would be unduly prejudicial.
LOS ANGELES — A federal judge in California on July 12 granted final approval of a $73 million settlement in a class complaint in which former patients of a University of California, Los Angeles (UCLA) gynecologist sued the regents of the school and the doctor in a federal court in California alleging years of sexual exploitation.
INDIANAPOLIS — An Indiana appeals court on July 14 found that a trial court did not abuse its discretion in denying a motion to exclude expert witnesses in a wrongful death suit but did agree to limit one expert in light of a previous partial summary judgment award.
LOUISVILLE, Ky. — Finding “serious shortcomings” in an expert’s report prepared for man who claims that Costco is at fault for a fall from a wheelchair outside of its store, a Kentucky federal judge on June 16 granted the wholesale club’s motion to exclude his testimony and awarded summary judgment.
MEMPHIS, Tenn. — A Tennessee federal judge on July 12 denied a motion to exclude a life-care planning expert from testifying on what future medical expenses a man involved in a rear-end collision may require and ruled that the expert was qualified and reliable under Daubert v. Merrell Dow Pharmaceuticals Inc..
HAMMOND, Ind. — A podiatrist testifying for a casino owner in a slip-and-fall case may not opine on whether an injury not clearly stated in a woman’s medical record led to her leg amputation, a federal magistrate judge in Indiana said July 7; however, he ruled that objections to the woman’s expert boil down to “general disputes as to the methodologies” and are not grounds for exclusion.
CLEVELAND — A trial court’s denial of stay in a nursing home wrongful death case was reversed and remanded to the lower court to conduct an evidentiary hearing on evidence of whether a decedent’s signature on a voluntary arbitration agreement was forged, an Ohio appellate court ruled July 1.
TOLEDO, Ohio — Summary judgment based on political subdivision immunity should not have been granted in favor of a county-run nursing home, an Ohio appellate court ruled June 30, finding fact issues concerning whether staff “exercised its discretion in a reckless manner and whether such recklessness resulted in [the resident’s] injury and death” and reversing and remanding the trial court’s judgment that had dismissed all claims in the negligence and wrongful death suit.
HARRISBURG, Pa. — The Pennsylvania Superior Court on July 1 affirmed a lower court’s ruling that a tour company’s insurer has a duty to defend a tour company insured’s employee against an underlying personal injury lawsuit, rejecting the insurer’s argument that the employee failed to show that she was an insured as a condition precedent to coverage.
NEW YORK — Finding that a trial court erred in omitting “any discussion of ‘consciousness’ from its jury charge or the verdict sheet,” a New York appellate panel on June 15 vacated a jury’s $2.5 million pain and suffering award to the widow of a nursing home resident who suffered a brain injury and died after the facility failed to monitor his blood sugar and timely transfer him to a hospital. However, the panel affirmed the lower court’s directed verdict on liability and causation.
SEATTLE — A Washington jury on June 15 awarded $16.67 million to the widow of a man exposed to asbestos in dryer felts after a trial held remotely as a result of the coronavirus.
WEST PALM BEACH, Fla. — A Florida appellate panel on June 30 reversed a $37 million judgment in an Engle progeny case against two tobacco companies and remanded the case for a new trial after finding that the plaintiffs’ lawyers made improper and inflammatory closing arguments, including comparing the companies to “Big Brother” from George Orwell’s “1984.”
NEW ORLEANS — An in-person Louisiana jury deliberated for an hour on June 30 before awarding $8,261,874.96 in a mechanic’s case claiming asbestos exposure from Ford Motor Co. brakes.
SPRINGFIELD, Ill. — The Fourth District Illinois Appellate Court on June 3 affirmed that two Medtronic Inc. representatives did not voluntarily undertake medical care of a drug pump patient and that claims that they failed to fully inform doctors were preempted by federal law.
BOISE, Idaho — The Idaho Supreme Court on June 9 affirmed summary judgment in an electrostimulator burn case, agreeing with a trial court that the plaintiff failed to present expert evidence of a device defect and injury causation and raised other theories that are inapplicable or were first raised on appeal.
SAN FRANCISCO — A federal judge in California correctly held that the Public Readiness and Emergency Preparedness (PREP) Act completely preempts state law claims and immunizes a senior living facility from liability in the COVID-19-related death of a resident, the licensees and operators of a facility say in a June 9 brief asking the Ninth Circuit U.S. Court of Appeals to affirm the judge’s denial of the family’s motion to remand and dismissal of the case against them.
SAN ANTONIO — A Texas appellate court on June 16 affirmed a lower court’s denial of a motion to dismiss two COVID-19-related wrongful death and negligence suits against the owners and operators of a nursing home, finding that it lacked jurisdiction to review their argument that the claims are preempted and that they failed to preserve their argument that the expert report submitted by the estates is insufficient.
TRENTON, N.J. — New Jersey’s bill of rights for assisted living residents does not include a private right of action, as do those for residential health care facilities, rooming and boarding houses, dementia care homes and nursing homes, a New Jersey appellate panel ruled June 15, declining to conclude that one should be adopted under common law and reversing a lower court’s grant of partial summary judgment for an estate alleging negligence and wrongful death claims.
SAVANNAH, Ga. — Finding “good cause shown,” a federal magistrate judge in Georgia on June 1 granted a consent motion to stay and extend discovery in a commercial auto insurer’s lawsuit seeking a declaration that there is no coverage for the insured, its owners and an employee for an underlying $112,466.57 personal injury default judgment.