Mealey's Personal Injury

  • August 15, 2022

    1 Expert In, 1 Expert Out In Suit Alleging Faulty Safety Lifeline Led To Death

    SEATTLE — An expert retained to opine on the level of pain a man may have felt after he fell 35 feet when his safety lifeline failed may testify, a Washington federal judge ruled Aug. 12, but an expert testifying on the adequacy of the safety warnings is excluded for offering unhelpful and unreliable testimony under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • August 12, 2022

    Judge Approves $23,200 Settlement For Minor Injured In Accident

    OKLAHOMA CITY — A federal judge in Oklahoma on July 13 approved a $23,000 settlement reached between the parents of a minor and a driver and his employer to compensate the minor for injuries he suffered in a vehicle accident, finding that the settlement “is fair, reasonable, and in the best interests” of the minor.

  • August 11, 2022

    Flint Water Bellwether Case Ends In Mistrial As Juror Breaks Down In Tears

    ANN ARBOR, Mich. — A federal magistrate judge who had just stepped in and begun presiding over the Flint water crisis bellwether trial for U.S. Judge Judith E. Levy of the Eastern District of Michigan on Aug. 11 declared a mistrial after a juror broke down in tears and the jury told the magistrate judge that further deliberations would not result in a unanimous verdict, sources told Mealey Publications.

  • August 09, 2022

    Judge: State Court Is Wrong Venue For Suit Over Fall At Indian Casino

    ALBUQUERQUE, N.M. — A state court lacks jurisdiction under the Indian Gaming Regulatory Act (IGRA) over a slip-and-fall personal injury suit against a New Mexico Indian tribe for an incident at the tribe’s casino because the fall did not happen during the act of gambling, a federal judge ruled Aug. 5, granting the tribe summary judgment in its declaratory judgment action.

  • August 08, 2022

    Judge Limits Some Experts In Case Alleging Inadequate Concussion Policies

    CHICAGO — An Illinois federal judge on July 27 ruled on several motions to exclude expert witnesses filed by the National Collegiate Athletic Association (NCAA) and two former collegiate athletes who allege that the association failed to implement adequate concussion policies, which led the two to suffer injuries.

  • August 05, 2022

    Home Depot Loses Challenge To Fully Exclude Expert In Defective Ladder Case

    PHOENIX — An expert hired to opine on whether a fatal accident with a ladder was caused by a design defect may not offer legal conclusions but is otherwise qualified to testify, an Arizona federal judge said Aug. 2 in partially granting and partially denying a motion to exclude.

  • August 04, 2022

    Jury Finds For Murdered Woman’s Family, Awards $7B In Punitives Against Cable Company

    DALLAS — A Texas jury on July 26 awarded $7 billion in punitive damages to the family of a woman who was murdered by a cable technician after finding in June that the woman’s death was the result of the gross negligence of the technician’s employer.

  • August 04, 2022

    Citing Dismissal Of Underlying Suit, 2nd Circuit Tosses COVID Death Suit Appeal

    BROOKLYN, N.Y — The Second Circuit U.S. Court of Appeals on Aug. 1 granted a nursing home’s motion to dismiss its appeal of a wrongful death suit filed by the son of a man who contracted COVID-19 and died there, finding that because the son voluntarily dismissed the underlying state court suit, the Second Circuit cannot order “any effective relief.”

  • July 29, 2022

    Expert Admitted In Case Alleging Injury Caused By Ejected Truck Battery

    AUSTIN, Texas — In a July 25 order denying a motion to exclude, a Texas federal magistrate judge was unpersuaded by Ford Motor Co.’s efforts to prevent an expert from testifying on how alleged design defects in a truck battery’s restraint system allowed the battery to eject from a vehicle and crash through a woman’s windshield during a traffic accident.

  • July 29, 2022

    3M To Create $1B Trust To Resolve Aearo Technologies Combat Arms Earplug Litigation

    INDIANAPOLIS — Aearo Technologies and related entities declared bankruptcy July 26, with parent company 3M Co. saying in a press release that it will fund a $1 billion trust resolving the more than 233,000 Combat Arms earplugs lawsuits the companies face.

  • July 29, 2022

    Federal Judge Partially Grants, Denies Motion To Limit Testimony In Injury Case

    TAMPA, Fla. — A radiologist retained by Walmart in a slip-and-fall case in a Florida federal court must limit his testimony “to his radiologic interpretation” of images he reviewed, a judge ruled July 22, partially granting a woman’s motion in limine to limit his testimony.

  • July 28, 2022

    Expert’s Proposed Testimony Trimmed By Florida Federal Judge In Injury Case

    MIAMI — A Florida federal judge on July 21 agreed to limit testimony from an expert witness retained by a woman who claims that she was injured after slipping on a Carnival cruise ship’s deck after finding that portions of his testimony are inadmissible under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • July 27, 2022

    High Court Approves Extension In Care Home Challenge To Remand Of COVID Death Suit

    WASHINGTON, D.C. — As circuit justice for the Ninth Circuit U.S. Court of Appeals, U.S. Supreme Court Justice Elena Kagan on July 12 granted a nursing home’s application for an extension until Aug. 29 to file a petition for writ of certiorari challenging the Ninth Circuit’s affirmance of a district court’s order remanding to state court a wrongful death suit filed by the family of a man who died in the nursing home after contracting COVID-19.

  • July 27, 2022

    Texas Panel Says Expert Report Met Causation Standard In Care Home Liability Suit

    HOUSTON — A Texas appellate court on July 14 affirmed a trial court order denying a nursing home’s motion to dismiss a health care liability suit filed against it by the estate representative of a woman who died at the nursing home, finding that the representative’s expert witness report complied with the statutory “standard of care, breach, and causation requirements and that the trial court did not abuse its discretion” in denying the motion to dismiss.

  • July 26, 2022

    Worker, Spouse Ask Calif. High Court To Find COVID-19 Exposure Case May Proceed

    SAN FRANCISCO — California’s derivative injury doctrine does not bar a claim for COVID-19 exposure against an employer brought by an employee’s spouse, a worker and his wife argue in their petitioner brief filed July 22 in the California Supreme Court after the high court granted review of questions certified by the Ninth Circuit U.S. Court of Appeals concerning an employee’s exposure to COVID-19 at work and an employer’s responsibilities.

  • July 12, 2022

    COMMENTARY: On The Horizon: The Continued Viability Of Restatement (Second)’s Strict Liability Jurisprudence In Pennsylvania

    By Alan Klein and Sharon O’Reilly

  • July 22, 2022

    Judge Awards Costs To Driver Ordered To Pay $131,000 For Car Accident

    LOS ANGELES — A California judge on June 8 ordered a driver awarded $131,090.53 in damages by a jury for injuries he received when another driver rear-ended him to pay the defendant $62,009.09 in costs because the defendant had previously offered to settle the case for more than the jury award.

  • July 22, 2022

    Orthopedic Practice Seeks New Trial, Plaintiff Seeks Interest After $111M Jury Verdict

    MINNEAPOLIS — Calling a jury’s $110 million award for pain and suffering to a man who developed complications after surgery for a broken leg “monstrous and shockingly excessive,” an orthopedic practice on June 13 asked a Minnesota federal court to order a new trial or, in the alternative, remittitur; the plaintiff the next day asked the court to amend the judgment to include pre- and post-judgment interest.

  • July 21, 2022

    Ex-Supermodel Says She’s Settled Her CoolSculpting Injury Lawsuit

    NEW YORK — Former 1990s supermodel Linda Evangelista and the manufacturer of the CoolSculpting fat cell freezing technology on July 20 stipulated to the dismissal with prejudice of Evangelista’s federal product liability lawsuit, with the plaintiff separately posting on social media that she settled the case.

  • July 21, 2022

    Magistrate Recommends Approving $4M Settlement In Suit Filed On Elder’s Behalf

    FRESNO, Calif. — A California federal magistrate judge on July 18 recommended approving a $4 million settlement in a negligence and violation of the Americans with Disabilities Act (ADA) suit filed against a restaurant by a guardian ad litem on behalf of her mother who was injured in a fall there, finding that the terms of the settlement are “fair and reasonable.”