Mealey's Personal Injury
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February 21, 2023
Judgment Entered After Calif. Jury Finds For Orthopedic Surgeon In Negligence Suit
Other medical professionals settled with plaintiff before trial
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February 21, 2023
Plaintiff Injured In Car Crash Awarded $536,250 Judgment After Verdict
Jury awards $189,500 in economic damages and $346,750 in noneconomic damages
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February 21, 2023
New York Jury Returns Defense Verdict In Asbestos Fiber Supplier Case
BUFFALO, N.Y. — An Erie County jury returned a defense verdict for plastics company’s fiber supplier, sources told Mealey Publications.
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February 17, 2023
Family Of Fatally Injured Off-Shore Worker Awarded $24.3M Judgment After Trial
LAKE CHARLES, La. — A federal judge in Louisiana issued a $24,382,978.40 final judgment in favor of the wife and child of an off-shore worker who was fatally injured on the job after a jury found that the owner and operator of an off-shore oil platform and a company it hired to remove firewater pipes were negligent or at fault for causing the worker’s death.
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February 16, 2023
Freed From Stay, 24-Year-Old With Meso Seeks Trial Against J&J
LOS ANGELES — Now that a judge lifted the stay imposed by the LTL Management bankruptcy, an asbestos-talc case may be fully prosecuted at trial within the next 60 days, a 24-year-old man suffering from mesothelioma tells a California judge in a case management statement.
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February 15, 2023
Plaintiffs: Flint Defense Parties’ Hotel Records Obtained Validly, Are Relevant
ANN ARBOR, Mich. — The Flint water crisis plaintiffs filed a brief in Michigan federal court opposing a defendant engineering firm’s motion to seal documents and seeking a protective order, arguing that records related to the hotel stay of the defendants’ attorneys and witnesses during the bellwether trial are relevant and were obtained with a subpoena that was “valid and unchallenged.”
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February 15, 2023
Ohio Train Derailment Spurs Lawsuits For Exposure To Vinyl Chloride, Other Toxins
YOUNGSTOWN, Ohio — Several lawsuits, some of them class actions, have been filed against railway operator Norfolk Southern Corp. in Ohio federal court alleging injury and toxic exposure following a train derailment that spilled vinyl chloride and other toxins in East Palestine, Ohio. One of the class actions, which is representative of the other lawsuits filed thus far, alleges that Norfolk Southern is liable for willful and wanton conduct.
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February 15, 2023
Delaware Federal Judge Denies Dismissal Of COVID Death Suit, Says No PREP Act Bar
WILMINGTON, Del. — A Delaware federal judge denied a nursing home’s dismissal motion in a wrongful death and negligence suit against it filed by the family of a former resident who died after contracting COVID-19 there, finding that because the family’s claims do not relate to using a “covered countermeasure,” such as masks or vaccinations, their claims are not barred under the Public Readiness and Emergency Preparedness (PREP) Act.
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February 15, 2023
New Trial Denied After Defense Verdict In Auto Accident Suit
Jury found that plaintiff had not proven negligence of driver who changed lanes
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February 15, 2023
$625,872 Medical Negligence Judgment Satisfied After New Trial; Setoff Denied
LOS ANGELES — A doctor found negligent by a jury in his diagnosis and treatment of a patient has satisfied the $626,872 judgment against him after the California judge presiding over the case denied his motions to offset damages by the amount of a settlement with another defendant and for a new trial.
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February 15, 2023
Georgia Jury Awards $1.55 Million To Couple Injured In Head-On Collision
Driver’s negligence caused injuries, couple says
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February 14, 2023
11th Circuit Affirms Expert Exclusion, Summary Judgment In Design Defect Case
ATLANTA — “[A]n unbridged ‘analytical gap’ between” an expert’s observations and his opinion that a boat’s engine compartment hatch and lift actuator were defectively designed warrants exclusion, the 11th Circuit U.S. Court of Appeals said, affirming a district court’s order and its award of summary judgment in favor of the manufacturer.
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February 14, 2023
Appeals Court Finds Injured Driver Pleaded Proximate Causation From Snapchat App
ATLANTA — A couple that was injured in an auto accident sufficiently alleged proximate causation from Snapchat Inc.’s “Speed Filter” app, which the other driver was using when she struck them, a Georgia appeals panel found, reversing and remanding a trial court’s ruling and granting the couple’s motion for remittitur.
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February 14, 2023
New York Federal Jury Awards Inmate $150,000 In Prison Assault Suit
Corrections officers seek new trial after jurors found that they violated plaintiff’s civil rights
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February 14, 2023
Expert Can’t Opine On Injury Causation, But Other Experts Admitted In Crash Case
SAVANNAH, Ga. — A Georgia federal magistrate judge found that there is no basis to exclude three experts retained in a case stemming from a car crash but ruled that one expert is excluded from opining on the cause of a woman’s injuries.
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February 09, 2023
Panel Says Expert Report Lacks Causation In Negligence Suit Against Nursing Home
TYLER, Texas— A Texas appellate court reversed and remanded an order denying a nursing home’s dismissal motion and overruling its objections to an estate representative’s expert report in a negligence suit filed against the nursing home after a woman died there, finding that the lower court erred because the report failed to show the expert’s qualifications or causation between the purported injury and death.
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February 09, 2023
Manufacturers’ Expert Out In Design Defect Case; Reconsideration Motion Fails
NEW YORK — A New York federal judge found that a motion for reconsideration of an order excluding an expert witness was untimely and an attempt for a “second bite of the apple,” upholding a previous order that ruled that a trucking manufacturer’s expert in a design defect case cannot testify that the company’s service manuals were reasonable for the industry.
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February 08, 2023
Panel: Expert On Alternative Design Wrongfully Excluded In Forklift Injury Case
CHICAGO — A trial court erred in excluding expert testimony in a design defect case, and this error warrants a new trial, the Seventh Circuit U.S. Court of Appeals ruled, remanding the design defect case to the district court.
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February 07, 2023
Smoker’s Sister Seeks Attorney Fees After Defeat At Florida Supreme Court
TALLAHASSEE, Fla. — A dead smoker’s sister argues in a brief to the Florida Supreme Court that she is entitled to appellate attorney fees under Florida’s proposal for settlement (PFS) statute despite the court’s Jan. 5 affirmance of an appellate panel’s reversal of a jury’s punitive $16 million damages award in her favor because the court left intact a compensatory damages award that she says is far enough above her PFS to trigger the statute.
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February 03, 2023
Federal Jury Awards $275,000 In Asbestos Case Against Ford
GREENSBORO, N.C. — A federal jury in North Carolina found Ford Motor Co. liable under a product liability failure-to-warn cause of action and awarded $275,000 on his widow’s wrongful death claim.
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February 03, 2023
6th Circuit Uphold Expert’s Exclusion, Summary Judgment Award In Crash Suit
CINCINNATI — An accident reconstructionist retained by the family of a man killed when he was struck by a semi-truck failed to show that his methodology was reliable enough to pass muster under Daubert v. Merrell Dow Pharmaceuticals Inc., a Sixth Circuit U.S. Court of Appeals panel held, affirming the exclusion of the expert’s opinions and grant of summary judgment to the defendants.
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February 02, 2023
California Jury Awards $25M In Punitive Damages Against Care Home For Elder Abuse
WALNUT CREEK, Calif. — A California state court jury awarded $25 million in punitive damages, plus $5.9 million in compensatory damages, against a skilled nursing facility and its corporate owners in a suit filed against them by the family of a former resident alleging elder neglect, custodial negligence, constructive fraud, violations of the Patients’ Bill of Rights and wrongful death after the man acquired pressure sores and died almost a year later.
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February 01, 2023
Man Injured By Liquid Nitrogen At Restaurant Says Triable Issues Of Fact Remain
ATLANTA — A man who was injured by exposure to liquid nitrogen while dining at a restaurant has filed a response brief in Georgia state appellate court, arguing that a lower court properly denied the restaurant’s motion for summary judgment dismissal of the man’s claim because it correctly determined that triable issues of fact remain that must be resolved by a jury.
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February 01, 2023
Magistrate: Treating Doctor Can’t Opine On Causation Of Injuries From Fall
MIAMI — A Florida federal magistrate judge recommended that an emergency room doctor who examined a woman who claims that she was injured in a cruise ship bathroom be excluded from offering causation testimony.
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February 01, 2023
Jury Awards $6M To Dead Smoker’s Children In Engle Trial
MIAMI — A Florida state court jury found that a dead smoker was an Engle class member and awarded the smoker’s two children $6 million in damages after finding that, contrary to a tobacco company’s arguments, her chronic obstructive pulmonary disease (COPD) manifested during the Engle class membership period. VIDEO FROM THE TRIAL IS AVAILABLE.