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Preview: LexisNexis® Mealey's™ Personal Injury Legal News

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Missouri Supreme Court Affirms Defense Verdict In Medical Malpractice Suit
JEFFERSON CITY, Mo. - The Missouri Supreme Court on Aug. 1 found that a trial court did not abuse its discretion by not striking a juror for cause because while the juror said she knew someone who worked at the hospital, she told the court that she could be objective (Thaddeus Thomas, et al. v. Mercy Hospitals East Communities, et al., No. SC96034, Mo. Sup.).



Washington Jury Awards Woman $1.6 Million In Medical Negligence Suit
YAKIMA, Wash. - A Washington state court jury on July 27 found that a doctor's negligence during surgery caused a woman severe back pain and awarded the woman a total of $1.2 million in damages (Emily Daley v. Michael A. Thomas D.O., et al., No. 15-2-01491-8, Wash. Super. Yakima. Co.).



Unnecessary Surgeries Class Suit With Inappropriate Class Rep Is Dismissed
CINCINNATI - An Ohio federal judge on July 25 dismissed a class complaint against a medical facility where an orthopedic surgeon is alleged to have performed unnecessary procedures based on an inappropriate class representative and denied a motion to intervene, finding that there is little need for the suit because it would create duplicitous litigation (Jacob Durham v. Cincinnati Children's Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 115941).



Federal Jury In Illinois Renders Defense Verdict In Medical Malpractice Suit
EAST ST. LOUIS, Ill. - A federal jury in Illinois on July 27 found in favor of a doctor who was accused of medical malpractice by a woman whose foot was injured after the removal of a plantar wart (Amanda Kuhl, et al. v. George Saliba, No. 3:15-CV-1007, S.D. Ill.).



Tennessee Appeals Panel Revives Health Care Liability Suit Against Hospital
KNOXVILLE, Tenn. - The Tennessee Court of Appeals panel on July 25 found that a trial court erred in dismissing a health care liability suit because when a plaintiff files suit in Tennessee against only one health care provider, she does not need to file a presuit notice with the complaint; the panel remanded the suit to the trial court (Betty J. Grizzle v. Parkwest Medical Center, No. E2016-01068-COA-R3-CV, Tenn. App.).



Kentucky Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
FRANKFORT, Ky. - A Kentucky Court of Appeals panel in an Aug. 4 unpublished opinion affirmed a defense verdict in a medical malpractice suit, finding that the trial court did not err in failing to give the jury instructions on "front desk" negligence (H. Trigg Mitchell, et al. v. Baptist Physicians Lexington Inc., et al., No. 2016-CA-000896-MR, Ky. App., Ky. App. Unpub. LEXIS 579).



Appeals Panel Affirms Finding That State-Run Hospital Is Not Immune From Suit
AUSTIN, Texas - A Texas appellate panel on Aug. 3 affirmed a trial court's decision to deny a state-run hospital's plea to jurisdiction because the plaintiffs showed that the hospital staff's misuse of a liquid during a procedure was the proximate cause of a patient's death and, therefore, the hospital is not immune from suit under Texas law (University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, et al., No. 14-16-00681-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 7312).



Tennessee Appeals Panel Affirms Directed Verdict In Health Care Liability Suit
JACKSON, Tenn. - A panel of the Tennessee Court of Appeals on Aug. 1 found that a trial court did not err when granting a directed verdict to a nurse practitioner because there was no evidence to indicate that the nurse practitioner breached the standard of care when treating a man who injured his eye (Isiah Hopps Jr. v. Jacquelyn F. Stinnes, No. W2016-019820COA-R3-CV, Tenn. App.).



North Carolina Panel Affirms Defense Verdict In Medical Negligence Suit
RALEIGH, N.C. - A North Carolina Court of Appeals panel on Aug. 1 upheld a defense verdict in a medical negligence trial after finding that the trial court did not err in allowing a hospital's medical witness to offer testimony outside of his expertise (William Patton III, et al. v. The Charlotte-Mecklenburg Hospital Authority, No. COA16-812, N.C. App., 2017 N.C. App. LEXIS 639).



Hospital Sues United States Seeking Indemnification In Medical Malpractice Suit
GRAND RAPIDS, Mich. - A Michigan hospital and its owner that was sued in state court for medical negligence filed suit July 25 against the United States in Michigan federal court, claiming that the government is responsible for the actions of a medical practice it funds and the practice's nurses after a baby was born with permanent brain damage (Lakeland Hospitals At Niles, et al. v. United States of America, et al., No. 1:17-cv-00670-RJJ-PJG, W.D. Mich.).



West Virginia Federal Jury Awards Family Of Student $2.9 Million
WHEELING, W.Va. - A federal jury in West Virginia on July 31 awarded $2.9 million to the parents of a student at Wheeling Jesuit University who was killed in a drunken brawl after finding that everyone involved in the fight was negligent (Thomas G. Figaniak, et al. v. Craig Tyler Peacock, et al., No. 5:15-CV-111, N.D. W.Va.).



Jury Finds City, Railroad Company Not At Fault In Fatal Motorcycle Crash
SAN DIEGO - A California jury on Aug. 7 found that a railroad company and the city of San Diego were not liable for the death of a motorcyclist whose parents claimed that he died after running over a pothole and was ejected off of his bike (Estate of Jamie Scott Powell, et. al. v. City of San Diego, et al., No. 37-2015-00017317-CU-PO-CTL, Calif. Super., San Diego Co.).



6th Circuit Reverses Exclusion Of Heat Stroke Diagnosis In Man's Death
CINCINNATI - Relatives of a man who died in his 93-degree apartment who sued a utility company for wrongful death for denying the man utility services due to lack of a photo ID can present testimony from a medical expert that the man died from "probable heat stroke," a divided Sixth Circuit U.S. Court of Appeals ruled July 27 (Dorothy Mae Johnson, et al. v. Memphis Light Gas & Water Division, No. 16-6143, 6th Cir., 2017 U.S. App. LEXIS 13765).



Plaintiffs In Product Defect Suit Against Honda Object To Enjoinment
WILMINGTON, Del. - A woman who sued Honda American Motor Co. over an air bag deployment that caused a fatal car crash told a federal bankruptcy judge in Delaware on Aug. 2 that it would be improper to enjoin their suit with other state suits, per the request of Takata Inc.'s holding company, against the air bag maker because Takata is no longer in her suit (In re: TK Holdings, et al., No. 17-50880, D. Del. Bkcy.).



Judge Dismisses Some Fracking Companies In Lithium Battery Injury Lawsuit
OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lithium battery injury lawsuit brought against hydraulic fracturing companies by former employees on July 20 dismissed two of the defendants on grounds they owed no duty to the injured parties (Jacob McGehee, et al. v. Southwest Electronic Energy Corporation, et al. and Southwest Electronic Energy Corporation v. Engineered Power LP, et al., No. 15-145, W.D. Okla., 2017 U.S. Dist. LEXIS 113098).



Court Delineates Rules For Vetting 1 Expert Substituting For Another
ST. THOMAS, Virgin Islands - A Virgin Islands trial court erred in deciding a motion to substitute one expert for another by sua sponte looking at the qualifications of the first expert and not examining the qualifications and methodology of the substitute expert, the Virgin Islands Supreme Court held Aug. 1 in deciding issues on interlocutory appeal in a worker's suit to recover for job-related injuries (Francis Edward v. GEC, LLC, No. 2017-0025, Virgin Islands Sup., 2017 V.I. Supreme LEXIS 46).



California Panel Reverses Judgment For City In Dangerous Condition Suit
RIVERSIDE, Calif. - A Fourth District of the California Court of Appeal panel on July 27 reversed summary judgment for the city of San Diego after finding that the city was not covered by trail immunity in a suit where a woman claimed that she was hit by a falling tree branch while walking in a city-owned park (Lorin Toeppe v. City of San Diego, No. D069662, Calif. App., 4th Dist., 2017 Cal. App. LEXIS 651).



California Appeals Panel Upholds Defense Verdict In Snowboarding Injury Suit
SACRAMENTO, Calif. - A California appellate panel in a July 27 unpublished opinion upheld a defense verdict in a premises liability suit after finding that the trial court did not err by submitting a premises liability case to the jury as an "assumption of risk" case because colliding with a snowmobile is an inherent risk of snowboarding (Dominique Forrester v. Sierra At Tahoe, C079107, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 5204).



Concussion MDL Judge Denies NHL's Motion To Move For Summary Judgment
MINNEAPOLIS - The judge presiding over the National Hockey League (NHL) concussion multidistrict litigation on July 24 denied the NHL's motion for leave to move for summary judgment on two plaintiffs' claims in the class action after finding that it would be more appropriate for the league to move for summary judgment after she makes her decision on class certification (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Texas Appeals Panel Reverses $43 Million Workplace Injury Verdict
AUSTIN, Texas - A Texas appellate panel on July 13 reversed a $43 million verdict for a man who was injured while working on a construction site, finding that Texas' Workers' Compensation Act precludes recovery of common-law damages (Berkel & Company Contractors Inc. v. Tyler Lee, No. 14-15-00787-CV, Texas App., 14th Dist.).



California Jury Awards $16.9 Million To Man Run Over By Forklift
RIVERSIDE, Calif. - A jury in California state court on July 11 awarded a security guard $16.9 million in damages after finding that a forklift driver at a store negligently backed into him, resulting in the guard's leg having to be amputated (Steven Meier v. Pennysaver USA LLC, et al., No. RIC1507069, Calif. Super., Riverside Co.).



Panel: Employers Liability Exclusion Is Ambiguous; Insurer Owes Defense, Indemnity
NEW YORK - The Second Circuit U.S. Court of Appeals on July 10 affirmed a lower federal court's conclusion that a commercial general liability insurance policy's "Employers Liability Exclusion" is ambiguous as a matter of law, further finding that the insurer has a duty to both defend and indemnify its insured (Hastings Development LLC v. Evanston Insurance Co., Nos. 15-3816 and 15-4085, 2nd Cir., 2017 U.S. App. LEXIS 12225).



California Jury Awards $24.9 Million To Plaintiffs In Defective Brakes Suit
LOS ANGELES - A California jury on July 21 awarded a total of $24.9 million to a man who lost his family in a car crash and the man who injured himself after crashing into the family after finding that the brakes in a 2004 Nissan Infinity QX56, which crashed into a minivan, were defective (Hilario Cruz, et al. v. Nissan North America Inc., No. BC493949, Calif. Super., Los Angeles Co.).



Trial Court Did Not Err In Finding Expert's Testimony Was Not Scientific
MONTGOMERY, Ala. - The majority of the Alabama Supreme Court on July 7 determined that a trial court did not err in failing to apply the requirements of Rule 702(b) of the Alabama Rules of Evidence to an expert's testimony because the testimony was not subject to Rule 702(b) as it was not scientific testimony (Mazda Motor Corporation v. Jon Hurst and Barbara Hurst, as parents of Natalie J. Hurst, deceased, and Sydney McLemore, No. 1140545, Ala. Sup., 2017 Ala. LEXIS 66).



Florida Jury Finds For Ford In Air Bag Defect Lawsuit
WEST PALM BEACH, Fla. - A Florida jury on July 18 found in favor of Ford Motor Co. Inc. in a suit in which the plaintiff claimed that the automaker negligently installed an air bag with a manufacturing defect that caused a fatal car crash (Ramon Llera v. Ford Motor Co. Inc., No. 2005CA001924, Fla. 15th Jud. Cir., Palm Beach Co.).



Connecticut Federal Jury Awards $2.8 Million To Family Of Girl In GM Car Crash
NEW HAVEN, Conn. - A federal jury in Connecticut on July 17 found that General Motors LLC failed to warn about a "known or knowledgeable danger" in one of its vehicles and awarded the family of a girl who died when the car started rolling on its own $2.8 million (Bernard Pitterman, et al. v. General Motors LLC, No. 3:14-CV-00967, D. Conn.).



Illinois Appeals Panel Upholds Defense Verdict In Medical Negligence Suit
CHICAGO - An Illinois appeals panel on July 17 affirmed a defense verdict in a medical negligence suit after finding that the trial court did not err in barring certain testimony from the plaintiff's expert witness and in refusing to give the jury an instruction on contributory negligence (Zbigniew Adwent v. Richard B. Novak, M.D., No. 1-16-0683, Ill. App., 1st Dist., 2017 Ill. App. LEXIS 467).



Woman Injured During Surgery Settles Negligence Suit Against United States
SAN ANTONIO - A woman who sued the United States for medical malpractice claiming that a U.S. Army doctor injured her during surgery settled the Texas federal court case on July 10 (Kristen Saunders, et al. v. United States of America, No. 16-CA-00581, W.D. Texas).



Woman Claims New Medical Malpractice Law Violates Kentucky Constitution
FRANKFORT, Ky. - A woman who intended to file a medical malpractice suit in Kentucky for her child's birth defect filed suit on June 29 against the commonwealth of Kentucky, claiming that a new state law requiring medical malpractice plaintiffs to submit their claims to a medical review panel before filing suit violates the Kentucky Constitution (Ezra Claycomb v. Kentucky, et al., No. 17-CI-708, Ky. Cir. Franklin Co.).



Pennsylvania Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on July 18 upheld a defense verdict in favor of a hospital and a university that sent students to be residents at the hospital in a medical malpractice suit after finding that the trial court did not err in excluding the plaintiff's expert witness during trial (Raymond Seels v. Tenet Health System Hahnemann, et al., No. 1838 EDA 2015, Pa. Super., 2017 Pa. Super. LEXIS 532).



Couple Sues Doctor, Practice Over Negligence During Surgery
CHICAGO - A woman and her husband filed a medical negligence suit against a doctor and the practice he worked for in Illinois federal court on July 17, claiming that the doctor was negligent because he breached the standard of care during surgery (Alivia L. Greenfield, et al. v. The Monroe Clinic, Inc., et al., No. 3:17-cv-50206, W.D. Ill.).



Medical Malpractice Suit Filed After Surgical Equipment Allegedly Left In Patient
ALBUQUERQUE, N.M. - A man who developed an infection and had his sternum broken during surgery to remove sponges left from a previous surgery filed suit July 10 against the surgeon, the United States and a Veteran's Affairs hospital in New Mexico federal court (Joseph Daniel "Danny" Ortega, et al. v. United States of America, et al., No. 1:17-cv-00717, D. N.M.).



Florida Appeals Panel Vacates $3.6 Million Premises Liability Award Against Hotel
WEST PALM BEACH, Fla. - A Fourth District of the Florida Court of Appeal panel on July 19 found that a hotel did not breach its duty to protect a couple when a drunken driver drove through a poolside cabana, injuring the man and killing his wife; the panel remanded the suit with instructions to the trial court to grant the hotel's motion for a directed verdict and vacate the $3.6 million award against it (The Las Olas Holding Company v. Michael Demella, No. 4D16-231, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 10445).



Texas Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
FORT WORTH, Texas - A Texas appellate panel on July 13 affirmed summary judgment for an airport and the cleaning service it contracted to clean its bathrooms after finding that a woman who slipped and injured herself in a bathroom stall did not show that either defendant knew about the puddle of water on which she slipped (Pamela Vernon v. Dallas/Fort Worth International Airport Board, et al., No. 02-16-00488-CV, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 6450).



Judge Declines To Allow Amendment To Add LIGA To Personal Injury Lawsuit
NEW ORLEANS - A Louisiana federal judge on July 19 refused to allow two insureds leave to amend their complaint to add Louisiana Insurance Guaranty Association (LIGA) as a defendant in substitute for an insolvent insurer in their personal injury lawsuit (Sherry Landry, et al. v. Circle K Stores Inc., et al., No. 16-15705, E.D. La., 2017 U.S. Dist. LEXIS 111906).



Louisiana Appeals Panel Reduces Jury Verdict In Wrongful Death Suit
BATON ROUGE, La. - A Louisiana appellate panel majority on July 12 reduced a jury award in a wrongful death suit from $1.3 million to $450,000 and vacated the jury's survival action award of $450,000 after finding that $450,000 was a sufficient amount for the wrongful death claim and that the plaintiff did not present enough evidence to support a survival action (Charles Thompson v. David Crawford, et al., No. 2015 CA 1957, La. App. 1st Cir., 2017 La. App. LEXIS 1299).



Opinions Of Experts For Parents Of Student Who Died After Fight Are Allowed
WHEELING, W. Va. - A West Virginia federal judge on July 14 denied requests by the friend of a college student who was killed during a fight with two other men to exclude testimony by medical and economic experts in a wrongful death action filed by the student's parents (Thomas G. Figaniak and Valerie A. Figaniak v. Fraternal Order Of Owl's Home Nest, Loyal Order Of Owls Nest Lodge 2558, d/b/a The Owl's Nest, et al., No. 5:15-cv-111, N.D. W. Va., 2017 U.S. Dist. LEXIS 109477).



Wisconsin Appeals Panel Affirms Summary Judgment In Negligence Lawsuit
WAUSAU, Wis. - A Wisconsin appellate panel on July 18 affirmed summary judgment for an auto shop in a negligence suit after finding that the owner did not supply alcohol to an adult under the legal drinking age who later drove and crashed his car into another car, injuring the plaintiff (Beth L. Baker, et al. v. Wilson Auto Collision, No. 2016AP423, Wis. App., 3rd Dist., 2017 Wisc. App. LEXIS 535).



Biomechanical Testimony In Crash Suit Sound, Helpful, Judge Rules
TAMPA, Fla. - A Florida federal judge on July 17 declined to strike testimony from an insurer's biomechanical expert on the forces required to cause a woman's alleged injuries in a rear-end car accident, finding that the expert meets the admissibility standards established by 11th Circuit U.S. Court of Appeals precedent (Lisa N. Bostick v. State Farm Mutual Automobile Insurance Company, No. 8:16-cv-1400, M.D. Fla., 2017 U.S. Dist. LEXIS 110370).



Family Of Assaulted Fraternity Pledge Files Suit Against Fraternities
PHILADELPHIA - The parents of a man who became permanently disabled as a result of the assault filed suit July 20 in Pennsylvania state court against two fraternities, their members and other businesses, claiming that the fraternities were irresponsible by allowing their members to get into a fight and failing to call an ambulance in a timely manner (Roderick J. McGibbon, et al. v. Alpha Upsilon Chapter of Pi Kappa Phi Fraternity, et al., No. 001934, Pa. Comm. Pls., Philadelphia Co.).



11th Circuit Certifies Medical Negligence Question To Alabama High Court
ATLANTA - While finding that a group of plaintiffs who sued the University of Alabama did not present enough evidence to sufficiently allege injuries sustained during a study on premature babies, the 11th U.S. Circuit Court of Appeals on July 6 certified a question to the Alabama Supreme Court over whether a physical injury is an element of an informed consent claim (Christian Lewis, et al. v. Sheila Moore, et al., No. 15-13979, 11th Cir., 2017 U.S. App. LEXIS 12096).



Nebraska Supreme Court Orders New Trial In Medical Malpractice Suit
LINCOLN, Neb. - The Nebraska Supreme Court on July 7 found that a trial court erred in granting a motion for a directed verdict to doctors and their practices in a medical malpractice suit because the plaintiff, who claims that the doctors failed to diagnose her breast cancer in a timely manner, presented enough evidence to show causation and damages (Mary Cohan, et al. v. Medical Imaging Consultants, et al., No. S-16-145, Neb. Sup., 2017 Neb. LEXIS 104).



California Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
LOS ANGELES - A California appellate panel on July 5 affirmed summary judgment in a medical malpractice suit because two surgeons who rendered aid at the request of a doctor were not responsible for a man who died after a shoulder surgery (Tracy Starnes, et al. v. Ramsay Nucho, et al., No. B270107, Calif. App., 2nd Dist., Div. 8, 2017 Cal. App. Unpub. LEXIS 4590).



Colorado Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
DENVER - A panel of the Division II Colorado Court of Appeals on June 29 affirmed a defense verdict after finding that a trial judge in a medical malpractice suit did not err by allowing two "may call" defense expert witnesses to be dismissed and for not allowing the plaintiff to call them to the stand (Shawn Sovde, et al. v. Kevin Scott D.O., et al., No. 2017COA90, Colo. App., Div. 2, 2017 Colo. App. LEXIS 839).



Louisiana Panel Raises Award In Medical Malpractice Suit
SHREVEPORT, La. - A Louisiana appellate panel on June 28 found that a trial court erred in reducing a jury award in a medical malpractice suit because the answers to the questions on the verdict were inconsistent; the panel awarded the plaintiffs an additional $1.1 million in special awards (Roger Burchfield, et al. v. Forrest H. Wright, et al., No. 51,459-CA, La. App., 2nd Cir.).



Pennsylvania Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
HARRISBURG, Pa. - A panel of the Pennsylvania Superior Court on June 30 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err by admitting the testimony of a hospital's expert witness (Jennifer Black, as executrix of the estate of Ana T. Ravelo-Ortiz, v. Drew P. Ronnermann, M.D., et al., No. 3006 EDA 2015, Pa. Super.).



North Carolina Panel Affirms Directed Verdict In Medical Negligence Suit
RALEIGH, N.C. - A North Carolina appeals panel on July 5 found that a trial court did not err in granting a hospital's motion for directed verdict in a medical negligence suit because the plaintiff did not offer evidence to show that the hospital breached the standard of applicable care (Tracie Johnson v. Wayne Memorial Hospital Inc., et al., No. COA17-106, N.C. App., 2017 N.C. App. LEXIS 497).



Washington Supreme Court Revives High School Concussion Death Lawsuit
TACOMA, Wash. - The Washington Supreme Court on July 6 partially affirmed and partially reversed summary judgment granted to defendants in a negligence suit after finding that a volunteer high school football coach could be held liable for negligence under Washington state law (Donald R. Swank, et al. v. Valley Christian School, et al., No. 93282-4, Wash. Sup., 2017 Wash. LEXIS 746).



Missouri Supreme Court Orders New Trial In Product Liability Suit
JEFFERSON CITY, Mo. - The Missouri Supreme Court on June 27 ordered a new trial in a product liability and negligence suit after finding that the trial court erred in granting a motion for a directed verdict for a repair company because despite contrary evidence, there was still a question of fact for the jury to answer and that the trial court erred by allowing the plaintiff to the jury with incorrect instructions for a different defendant (Robert L. Johnson v. Auto Handling Corporation, et al., No. SC95777, Mo. Sup., 2017 Mo. LEXIS 260).



Texas Supreme Court Reverses Award For Plaintiff In Premises Liability Suit
AUSTIN, Texas - A majority of the Texas Supreme Court on June 30 reversed a decision from a lower court of appeals and rendered a take-nothing judgment for a man who claimed to have injured himself after falling from a scaffold because his claims were based in premises liability and not general negligence (United Scaffolding Inc. v. James Levine, No. 15-0921, Texas Sup., 2017 Tex. LEXIS 652).



Texas Appeals Panel Affirms Summary Judgment In Premises Liability Suit
DALLAS - A Texas appellate panel on June 27 affirmed summary judgment granted to the owners of an apartment after finding that a woman who claimed that she became ill from mold in her apartment did not present any evidence showing that the mold was the cause of her illness or that the owners knew about the mold (Jennifer Chase v. Emmanuel Packing, et al., No. 05-16-00620-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 6056).



Michigan Federal Judge Dismisses Premises Liability Suit Against Gym
DETROIT - A federal judge in Michigan on July 5 granted summary judgment and dismissed a premises liability suit against a company that owned a gym with prejudice after finding that a danger in the gym's parking lot was open and obvious (Jade Kindermann v. LFT Club Operation Company Inc., No. 16-11749, E.D. Mich., 2017 U.S. Dist. LEXIS 103117).



Georgia Appeals Panel Reverses Summary Judgment In Premises Liability Suit
ATLANTA - A majority of a Third Division Georgia Court of Appeals panel on June 29 reversed a trial court's order granting summary judgment to a clothing store in a premises liability suit after finding that there was a genuine issue of material fact as to whether the store knew about a hazard (Precious Donastorg v. Rainbow USA, Inc., No. A17A0613, Ga. App., 3rd Div., 2017 Ga. App. LEXIS 334).



Expert's Opinions Blaming Cruise Line For Man's Death Stricken
MIAMI - A maritime law enforcement expert cannot opine that a cruise line is to blame for the 2015 death of a passenger who got drunk and fell from the balcony in his room to the deck below, a Florida federal magistrate judge ruled July 6 in mostly granting the cruise line's request to strike the expert's testimony (Nicole Webb v. Carnival Corporation, No. 15-24230, S.D. Fla., 2017 U.S. Dist. LEXIS 103856).



New York Appeals Panel Affirms Summary Judgment In Wrongful Death Suit
NEW YORK - A New York appeals panel on July 5 affirmed a trial court's grant of summary judgment to government defendants in a wrongful death lawsuit after finding that the government defendants were not liable for the negligence of their employees (Cynthia Rennix, et al., v. Melissa Jackson, et al., No. 2014-05034, N.Y. Sup., App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 5307).



Suit Filed In New Jersey State Court Over Hoboken Train Crash
JERSEY CITY, N.J. - The brother of a woman who was killed by a speeding train as it came through a train station in 2016 sued the company that runs the train line in New Jersey state court on June 27 , claiming that it failed to protect the man (Adrianus Rudolfus Henricus Maria de Kroon v. NJ TRANSIT Corp., et al., N.J. Super., Hudson Co.).



Judge Excludes Speculative Future ACA Health Benefits From Bench Trial
NEW ORLEANS - The unpredictability of future health insurance coverage under the Patient Protection and Affordable Care Act (ACA) and the collateral source rule require excluding from trial evidence of how the potential coverage could reduce a man's ongoing medical expenses, a federal judge in Louisiana held July 7 (Kelvin Dunn v. Marquette Transportation Co. LLC, No. 16-13545, E.D. La., 2017 U.S. Dist. LEXIS 105066).



Failure To File Claim With Insolvent Insurer Is No Basis To Dismiss Suit, Panel Says
TROY, Mich. - A trial court incorrectly dismissed a lawsuit on the basis of an insured's failure to timely file a claim with his insolvent insurer before filing a lawsuit against a self-insured bus company over his injuries when boarding a bus, a Michigan appeals panel held July 6 (Stanley Jackson v. Suburban Mobility Authority for Regional Transportation, No. 331253, Mich. App., 2017 Mich. App. LEXIS 1088).