ATLANTA — The Georgia Supreme Court on March 15 unanimously held that a trial court did not err in denying a tire maker’s motion to dismiss after finding that a woman who sued the company claiming that its tire was defective and led to her husband’s car crash, which later led to his death, did not have a duty to preserve evidence (Cooper Tire & Rubber Co. v. Renee Koch, No. S17G0654, Ga. Sup., 2018 Ga. LEXIS 176).
PATERSON, N.J. — A pedestrian seeks damages in a March 13 complaint filed in a New Jersey court from the state’s insurance guaranty association for injuries from a vehicle accident caused by the negligence of an unknown driver (Claudia Hunter v. The New Jersey Property-Liability Insurance Guaranty Association, et al., No. PAS-L-000868-18, N.J. Super., Passaic Co.).
DETROIT — A Michigan Court of Appeals panel on March 15 affirmed summary disposition for a store after finding that a woman who slipped in the store and her husband sued the wrong entity and that their claims were barred by res judicata (Lydia Thomas, et al. v. Dollar General Corporation, et al., No. 337013, Mich. App., 2018 Mich. App. LEXIS 568).
CHARLESTON, W.Va. — A West Virginia Supreme Court of Appeals majority on March 12 reversed a $1.2 million verdict for a man who was injured when he fell through a grate at work after finding that there was not enough evidence to suggest that the company he worked for was deliberately indifferent and ordered the trial court to grant the company’s motion for judgment (FirstEnergy Generation LLC v. James J. Muto, et al., No. 17-0067, W.Va. Sup., 2018 W. Va. LEXIS 185).
ATLANTA — A panel of the Third Division Georgia Court of Appeals on March 14 affirmed a trial court’s decision to dismiss negligence claims based on constructive notice in a premises liability suit after finding that Georgia’s Recreational Property Act (RPA) bars a woman’s negligence claims based on constructive knowledge (Marie Handberry v. Stuckey Timberland Inc., No. A17A1944, Ga. App., 3rd Div., 2018 Ga. App. LEXIS 187).
LITTLE ROCK, Ark. — A panel of the Second Division Arkansas Court of Appeals on March 14 affirmed a trial court’s decision to dismiss a medical malpractice claim after finding that the claims against a doctor were barred by the two-year statute of limitations (Curtis Motley Jr. v. Michael Sifford M.D., No. CV-17-701, Ark. App., Div. 2, 2018 Ark. App. LEXIS 212).
HANNIBAL, Mo. — A federal judge in Missouri on March 13 ruled that an expert may not testify that a car that rolled over was in the same condition at the time of the crash as when it was first purchased but said the expert may testify that, in his opinion, a rollover was caused by a design defect in the car (Kristen Smith, et al. v. Toyota Motor Corporation, et al., No. 2:16CV24, E.D. Mo., 2018 U.S. Dist. LEXIS 40777).
AKRON, Ohio — An appellate panel in Ohio affirmed summary judgment for a hospital and a doctor on March 14 in a medical malpractice suit after finding that a man’s claims were barred by the one-year statute of limitations (Erwin Cartwright v. Akron General Medical Center, et al., No. 28744, Ohio App., 9th Dist., Summit Co., 2018 Ohio App. LEXIS 996).
PATERSON, N.J. — A New Jersey pedestrian injured from a hit-and-run vehicle accident alleges in a March 6 complaint filed in a New Jersey court that the state’s insurance guaranty association is responsible for her medical costs (Morghan Tisdol v. New Jersey Property Liability Insurance Guaranty Association, No. PAS-L-000768-18, N.J. Super., Passaic Co.).
PHOENIX — A jury in Arizona federal court on March 1 awarded a family $6.5 million in relation to a salmonella outbreak that affected a couple’s son and required him to undergo brain surgery (James Craten, et al. v. Foster Poultry Farms, No. 2:15-02587, D. Ariz.).
SACRAMENTO, Calif. — In an unpublished opinion released March 2, a California appellate panel affirmed $7.4 million verdict in a product defect suit after finding that there was sufficient evidence to show that a truck’s ball joints were the cause of a crash and that the trial court did not err in allowing the plaintiffs’ expert to testify to a new opinion not expressed during the deposition (Robert Dunlap, et al. v. Folsom Lake Ford, No. C076900, Calif. App., 3rd Dist., 2018 Cal. App. Unpub LEXIS 1410).
DETROIT — A majority of a panel of the Michigan Court of Appeals on March 8 affirmed a trial court’s decision to grant summary disposition to a landlord in a slip-and-fall suit after finding that ice on a sidewalk was clearly visible and did not make the sidewalk unusable (Jenna S. Afholter v. Phillip C. Matuk, No. 336059, Mich. App., 2018 Mich. App. LEXIS 429).
LAKE CHARLES, La. — A Third District of the Louisiana Court of Appeal panel on March 7 affirmed a trial court’s grant of summary judgment to a doctor after finding that a man who was injured following surgery on his shoulder did not present enough evidence to show that the standard of care was breached (Justin Thomas v. Otis Rashad Drew M.D., et al., No. 17-818, La. App., 3rd Cir., 2018 La. App. LEXIS 419).
INDIANAPOLIS — A panel of the Indiana Court of Appeals on March 7 found that a trial court erred in granting summary judgment to a restaurant after finding that it owed a duty to protect a woman who was shot in the face because employees of the restaurant failed to call the police or diffuse a fight before it escalated (Amber Hamilton v. Steak ‘n Shake Operations Inc., No. 49A02-1704-CT-776, Ind. App., 2018 Ind. App. LEXIS 87).
ATLANTA — The Georgia Supreme Court on March 5 unanimously reversed a $22 million verdict and ordered a new trial in a medical malpractice suit after finding that the trial court erred by giving the jury an instruction on ordinary negligence (Southeastern Pain Specialists P.C. v. Sterling Brown Sr., et al., No. S17G0732, Dennis Doherty M.D. v. Sterling Brown Sr., et al., No. S17G0733, Southeastern Pain Ambulatory Surgery Center LLC v. Sterling Brown Sr., et al., No. S17G0737, Ga. Sup., 2018 Ga. LEXIS 151).
HOUSTON — A Texas appellate panel affirmed a defense verdict in a premises liability suit on March 6 after finding that a trial court did not err in excluding the corporate owner of a fast food restaurant in the jury charge and that she did not object to the charge at the time (Maribel Woodard v. McDonalds’ Corporation, et al., No. 01-17-00204-CV, Texas App., 1st Dist., 2018 Tex. App. LEXIS 1672).
AIKEN, S.C. — A federal judge in South Carolina on March 6 ordered that plaintiffs who claim that they were injured in a car crash because of a defective tire not introduce evidence on a tire maker’s post-sale duty to warn or remedial measures or changes to the tire in question but will allow the plaintiffs to introduce evidence on similar situations involving the tire and post-manufacture changes (Maria Davenport, et al. v. Goodyear Dunlop Tires North America LTD, et al., No. 1:15-cv-03752, D. S.C., 2018 U.S. Dist. LEXIS 36008).
RALEIGH, N.C. — In a 4-3 decision, a majority of the North Carolina Supreme Court on March 2 reversed a lower appellate court ruling and affirmed a trial court’s dismissal of a dram shop claim against a hotel owner after finding that a woman who died from alcohol poisoning was just as negligent as the hotel owner in causing her death (Thomas A.E. Davis v. Hulsing Enterprises, et al., No. 160A16, N.C. Sup., 2018 N.C. LEXIS 64).
PHILADELPHIA — The families of three men who were allegedly murdered by Cosmo Dinardo filed three separate wrongful death lawsuits against the alleged killer’s family in the Philadelphia County Court of Common Pleas on March 5, claiming that his family should have known that he was mentally ill and should not have allowed him to possess firearms (Bonnie L. Finocchiaro, et al. v. Sandra DiNardo, et al., No. 04303, Richard L. Patrick, et al. v. Cosmo DiNardo, et al., No. N.A., Melissa Fratanduono-Meo v. Sandra DiNardo, et al., No. 00948, Pa. Comm. Pls., Philadelphia Co.).
DENVER — A panel of the 10th Circuit U.S. Court of Appeals on March 5 affirmed summary judgment for a ski resort after finding that a man’s injuries sustained from a skiing accident were part of the inherent risk of skiing (Michael Roberts, et al. v. Jackson Hole Mountain Resort Corporation, No. 17-8018, 10th Cir., 2018 U.S. App. LEXIS).