SAN ANTONIO — A Texas appeals panel on Nov. 7 affirmed the majority of a $11,940,000 verdict in favor of an elderly man, rejecting a skilled nursing facility’s argument that the evidence is legally and factually insufficient to support the jury's finding that its negligence was a proximate cause of the man’s permanent injuries (Regent Care Center of San Antonio v. Robert H. Detrick, et al., No. 04-17-00596-CV, Texas App., 4th Dist., 2018 Tex. App. LEXIS 9108).
MARSHALL, Texas — An expert for a skid loader manufacturer is sufficiently qualified to opine on the operation of the loader, but his opinions on how injuries to a paraplegic loader operator could have been prevented are unreliable, a Texas federal magistrate judge found Nov. 7 in excluding the expert’s testimony from trial (John K. Stephenson v. Caterpillar, Inc., et al., No. 2:16-cv-00071, E.D. Texas, 2018 U.S. Dist. LEXIS 190793).
CENTRAL ISLIP, N.Y. — Nonlegal opinions by an architectural and design expert for a woman who was hurt in a fall at a Target store should be allowed at trial, as should all opinions by the industrial engineering expert for Target Corp. in the slip-and-fall case, a New York federal magistrate judge held Nov. 5 (Sharon Bennett v. Target Corporation, No. 16-cv-5816, E.D. N.Y., 2018 U.S. Dist. LEXIS 189067).
LOS ANGELES — A class complaint filed Oct. 19 in a California state court accuses scooter makers of unlawfully deploying “fleets of defective” scooters onto California sidewalks and streets, causing injuries to riders and pedestrians and damage to property (Danielle Borgia, et al. v. Bird Rides, Inc., et al., No. 18STCV01416, Calif. Super., Los Angeles Co.).
SACRAMENTO, Calif. — An expert witness for a man suing Ford Motor Co. after suffering severe injuries in a pickup truck rollover crash can testify about accident reconstruction, rollover propensity and roof strength but cannot offer several unreliable opinions, including that the man’s injuries would have been prevented by a stronger roof, a California federal judge decided Oct. 29 (Derek Rhodehouse v. Ford Motor Company, No. 2:16-cv-01892, E.D. Calif., 2018 U.S. Dist. LEXIS 185109).
JERSEY CITY, N.J. — A woman alleges in an Oct. 29 complaint in New Jersey trial court that the New Jersey Property and Liability Insurance Guaranty Association (NJPLIGA) breached its statutory duty to provide benefits for personal injuries (Alma Colon v. New Jersey Property and Liability Insurance Guaranty Association, et al., No. HUD-L-004321-18, N.J. Super., Hudson Co.).
HONOLULU — A Hawaii state judge on Oct. 12 granted preliminary approval of a settlement not to exceed $4.5 million to be paid by a sushi chain and its seafood suppliers to end claims that a hepatitis A outbreak in 2016 was the result of food consumed at 13 of Genki Sushi’s restaurants in Hawaii (In Re: Hepatitis A Cases, No. 17-1-HEP, Hawaii 1st Cir.).
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 24 affirmed summary judgment for a bow manufacturer sued by the survivors of a man killed by a rod on his bow while working on the bow at home, finding that the trial court properly excluded testimony by the survivors’ biomechanics expert for his reliance on “propensity” evidence (Mary Sandifer, et al. v. Hoyt Archery, Incorporated, et al., No. 17-30124, 5th Cir., 2018 U.S. App. LEXIS 29973).
MIAMI — A Florida federal court on Oct. 16 left for a jury to decide whether a cruise line’s search and rescue efforts for a man who died after falling overboard were adequate and whether it confined the family in their cabin against their will during the search (Todd Skokan, et al. v. Royal Caribbean Cruises Ltd., No. 17-24337, S.D. Fla., 2018 U.S. Dist. LEXIS 178062).
TACOMA, Wash. — The state of Washington on Oct. 12 agreed to pay a woman $28 million to settle claims that she was paralyzed from the chest down at age 15 when the car she was riding in struck an overpass cement support pillar (Skylar Seward v. Washington, et al., No. 16-2-12788-1, Wash. Super., Pierce Co.).
LOS ANGELES — Although a busy intersection posed a dangerous condition, none of the safety measures undertaken by the city of Los Angeles after a pedestrian’s death would have prevented the accident, an appellate court concluded Oct. 17, affirming a lower court ruling (David S. Lindley, et al. v. Los Angeles, et al., No. B281143, Calif. App., 2nd App. Dist., Div. 7, 2018 Cal. App. Unpub. LEXIS 7062).
TRENTON, N.J. — A New Jersey appeals court on Oct. 19 remanded for a new trial a lawsuit brought by a woman who was injured at a party when she was struck by part of a metal pole that broke off while another guest was using it to hit a piñata (Staci Piech v. Glenn Layendecker, et al., No. A-1417-16T4, N.J. Super., App. Div., 2018 N.J. Super. LEXIS 144).
JONESBORO, Ga. — A Georgia jury awarded a mother $30.9 million on Sept. 25 in a medical malpractice suit alleging that health care providers negligently amputated the tip of her infant son’s penis during a circumcision procedure and then tried to hide the severity of the injury from her. The defendants moved for a new trial on Oct. 3 (Stacie Willis, et al. v. Melissa G. Jones, et al., No. 2014-02070, Ga. State, Clayton Co.).
SAN JOSE, Calif. — Natural condition immunity protected a California county from a woman’s premises liability lawsuit alleging injuries from falling on a wet rock in a manmade tunnel because the setting duplicated a condition found in nature, a state appellate court affirmed Oct. 15 (Lisa Wheeler v. Santa Cruz County Regional Transportation Commission, No. H044351, Calif. App., 6th App. Dist., 2018 Cal. App. Unpub. LEXIS 6963).
RIVERSIDE, Calif. — An indoor rock climbing gym did not commit gross negligence when it failed to provide an orientation session to a novice who fell and injured her spine, or the industry standard amount of padding at the base of the climbing wall, a California appeals court affirmed Oct. 9 (Yu Chaio Tan v. Hangar 18 Indoor Climbing Gym LLC, et al., No. E067759, Calif. App., 4th Dist., Div. 2, 2018 Cal. App. Unpub. LEXIS 6857).
MINNEAPOLIS — A jury in a Minneapolis state court awarded a mother $8.9 million on Sept. 28 for injuries her son sustained during birth, including nerve damage and a broken arm due to a midwife’s negligence in her prenatal care and delivery (Owen Oakes-Samuelson, et al. v. Allina Health System, No. 27-17-2702, Minn. 4th Jud. Dist., Hennepin Co.).
COLUMBUS, Ohio — An Ohio jury held a medical laboratory 50 percent responsible for a $44,514,226 award to a child and his family on Sept. 28 for its delay in returning critical test results. It held the child’s medical providers liable for the remainder of the award for their failure to timely diagnose a severe ear infection that led to brain damage and “locked-in” syndrome, as well as their failure to follow up on the lab results (Bradley Metts, et al. v. Nationwide Children’s Hospital, et al., No. 14-002543, Ohio Comm. Pls., Franklin Co.).
KANSAS CITY, Mo. — A patient alleging injuries from a morphine overdose following a cesarean section could not establish causation without expert testimony because the injuries could have been caused by a morphine overdose, a normal dose of morphine or some or all of the 12 other medications she received at the time, a Missouri appeals court affirmed Oct. 16 (Kassidy L. Love v. J.M. Waring, M.D., et al., No. WD81495, Mo. App., Western Dist., Div. 1, 2018 Mo. App. LEXIS 1239).
PHOENIX — A trial court correctly dismissed a patient’s suit for failing to present an expert affidavit because her allegations that a surgeon knowingly left a needle inside her body required a medical expert to explain the surgeon’s reasoning under the doctrine of res ipsa loquitur, an Arizona appeals court concluded Oct. 11 (Ernestine Grayson v. Banner Health, et al., No. 17-0577, Ariz. App., Div. 1, 2018 Ariz. App. Unpub. LEXIS 1466).
TRENTON, N.J. — A cleaning service for an airport’s security area cannot be held liable for injuries suffered by a woman who slipped and fell on ball bearings on the floor because it had no actual or implied notice and no reasonable opportunity to discover and correct the hazard, a New Jersey appellate court affirmed Oct. 18 (Dawn Gatto, et al. v. Port Authority of New York & New Jersey, et al., No. A-4769-16T1, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS).