Mealey's Personal Injury

  • July 19, 2021

    Man’s Medical Experts Admitted In Ladder Fall Case; Ruling Reserved For Other

    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.

  • July 19, 2021

    Medical Experts On Need For Spinal Surgery OK’d To Testify In Accident Dispute

    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.

  • July 16, 2021

    UCLA $73 Million Sex Abuse Settlement Granted Final Approval

    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.

  • July 16, 2021

    Indiana Appeals Court Denies Appeal To Bar Experts In Wrongful Death Suit

    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.

  • July 15, 2021

    Judge Grants Summary Judgment To Costco After Excluding Expert Witness

    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.

  • July 14, 2021

    Judge Allows Expert On Future Medical Care In Car Accident Injury Case

    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..

  • July 12, 2021

    Federal Magistrate Judge Allows 1 Expert, Limits Another In Casino Slip-And-Fall

    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.

  • July 12, 2021

    Ohio Court: Arbitration Consent Allegedly Forged; Evidentiary Hearing Required

    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.

  • July 09, 2021

    Fact Issues Preclude Immunity, Ohio Panel Says, Reversing Nursing Home Suit Ruling

    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.

  • July 07, 2021

    Insurer Has Duty To Defend Personal Injury Suit, Pennsylvania Panel Affirms

    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.

  • July 02, 2021

    New York Panel Vacates $2.5 Million Pain And Suffering Award Against Nursing Home

    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.

  • July 01, 2021

    Washington Jury Awards $16.67M In Asbestos Felts Case

    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.

  • July 01, 2021

    Panel Reverses $37M Verdict Against Tobacco Companies Citing ‘Improper’ Closings

    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.”

  • July 01, 2021

    Louisiana Jury Awards $8.2M In Asbestos-Brake Case Against Ford

    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.

  • June 29, 2021

    Illinois Appeals Court Affirms Summary Judgment In Medtronic Drug Pump Death Case

    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.

  • June 29, 2021

    Idaho Supreme Court Affirms Lack Of Expert Doomed Stimulator Burn Claim

    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.

  • June 23, 2021

    Facility Operators To 9th Circuit: Garcia Properly Dismissed Under PREP Act

    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.

  • June 21, 2021

    Nursing Home COVID-19 Death Cases Can Continue, Texas Panel Affirms

    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.

  • June 17, 2021

    New Jersey Panel:  No Private Right Of Action For Assisted Living Residents

    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.

  • June 17, 2021

    Magistrate Stays, Extends Discovery In Dispute Over Personal Injury Judgment

    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.

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