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

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Oregon Supreme Court Rules Loss-Of-Chance Applies In Medical Negligence Suits
SALEM, Ore. - The Oregon Supreme Court on May 11 found that a lower court erred in affirming a decision to dismiss a medical negligence suit because the loss-of-chance theory applies in medical negligence cases and remanded the suit to the circuit court for further proceedings (Joseph L. Smith v. Providence Health & Services-Oregon, et al., No. SC S063358, Ore. Sup.).



Idaho Supreme Court Allows Discovery Of Identity Of Consultants
BOISE, Idaho - In a unanimous decision, the Idaho Supreme Court on May 11 found that a trial court erred by denying a motion to reveal the identity of a non-testifying witness who helped the plaintiffs' expert witness in a medical malpractice suit because the Idaho Civil Rules of Procedure allow for the identity of a non-testifying witness to be disclosed during discovery (Jaymie Quigley, et al. v. Travis Kemp, et al., No. 43725, Idaho Sup., 2017 Ida. LEXIS 129).



Arizona Appeals Panel Affirms Dismissal Of Medical Malpractice Suit
PHOENIX - A panel of the First Division Arizona Court of Appeals on May 16 affirmed a trial court's decision to dismiss a medical malpractice suit because the plaintiff failed to file an expert affidavit with her complaint; however, the panel said the court erred in dismissing the suit with prejudice and changed the designation for the suit to be dismissed without prejudice (Patricia L. Williamson v. Kevin J. O'Brien, No. 1 CA-CV 16-0159, Ariz. App., 1st Div., 2017 Ariz. App. LEXIS 97).



Louisiana Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
SHREVEPORT, La. - A Louisiana appellate panel on May 17 affirmed a defense verdict in a medical malpractice suit against a hospital and the trial judge's order denying the plaintiff's motion for judgment notwithstanding the verdict or, in the alternative, a new trial because the evidence presented at trial supported the jury's verdict (Jane Newman, et al. v. LSU Health Sciences Center Shreveport, et al., No. 51,375-CA, La. App. 2nd Cir., 2017 La. App. LEXIS 844).



Georgia Appeals Panel Affirms Dismissal Of Medical Malpractice Suit
ATLANTA - A Third Division Georgia Court of Appeals panel on May 12 affirmed a trial court's dismissal of a medical malpractice suit against a hospital because the plaintiff's expert's affidavit was not sufficient under Georgia law because it does not contain any specific instance of an alleged failure on the part of the hospital (Jason Keith Ziglar v. St. Joseph's/Candler Health System Inc., No. A17A0214, Ga. App. 3rd Div., 2017 Ga. App. LEXIS 205).



Mistrial Declared In California Medical Malpractice Suit
LOS ANGELES - A California state court judge on May 11declared a mistrial in a medical malpractice suit after one of the jurors had to go to the hospital (Henry Gevorgyan v. Mardiros Mihranian, No. BC512980, La. Super.).



Mississippi Supreme Court Reverses Order For Arbitration In Premises Liability Suit
JACKSON, Miss. - A Mississippi Supreme Court majority on May 11 found that a trial court erred by ordering arbitration in a premises liability suit because the premises liability claim a woman filed against the apartment complex in which she was living is out of the scope of the arbitration agreement (Jane Doe v. Hallmark Partner LP, et al., No. 2015-CA-01655-SCT, Miss. Sup., 2017 Miss. LEXIS 181).



Summary Judgment Partially Reversed In Premises Liability Suit
HARRISBURG, Pa. - A panel of the Pennsylvania Superior Court on May 17 reversed summary judgment granted to a hospital and its corporate owner in a premises liability suit after finding that two plaintiffs' claims were not based in medical negligence and that their engineering expert was qualified to testify on the danger that led to a man falling and fracturing his ankle (Charles Galeano, et al. v. Susquehanna Health System and Williamsport Regional Medical Center, No. 1182 MDA 2016, Pa. Super.).



Mississippi Appeals Panel Affirms Summary Judgment In Premises Liability Suit
JACKSON, Miss. - A Mississippi appeals panel on May 17 found that a trial court was correct to grant summary judgment and dismiss with prejudice a premises liability suit because the plaintiff was a licensee of the property on she injured herself and the defendant did not breach a duty of protection (Gloria Thompson v. Mildred Lucas, No. 2016-CA-00196-COA, Miss. App., 17 Miss. App. LEXIS 282).



Arizona Federal Judge Grants Summary Judgment In Nursing Home Fall Suit
PHOENIX - A federal judge in Arizona on May 10 granted summary judgment to the owner of the corporate great-grandparent company of a nursing home because the plaintiff failed to prove that the grandparent company had anything to do with the day-to-day management that led to a resident's broken hip and subsequent death (Helen Schirmer v. Avalon Health Care Inc., No. CV-15-01550, D. Ariz., 2017 U.S. Dist. LEXIS 71366).



Georgia Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
ATLANTA - A Georgia appellate panel on May 10 affirmed summary judgment in favor of a man who owns a franchise of a Chick-fil-A after finding that a woman who slipped and injured herself in the restaurant did not show that the owner had knowledge of the hazard (Latasha Hartman v. David Clark, No. A17A1023, Ga. App., k83rd Div., 2017 Ga. App. LEXIS 200).



Trial Court Erred In Denying Attorney Fees To Tenant In Premises Liability Suit
SPOKANE, Wash. - A Division I Washington Court of Appeals panel on May 22 found that a trial court erred in denying a plaintiff's motion for attorney fees in a premises liability suit after finding that the action arose out of a state law that allows for attorney fees to be awarded and remanded the suit for further proceedings consistent with the opinion (Christine A. Tolman v. Keith S. Johnson, et al., No. 75141-7-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 1213).



All Expert Testimony Trimmed In Negligence Suit Over Motorcyclist's Death
HAMMOND, Ind. - An Indiana federal judge on May 11 limited the testimony of all four expert witnesses in a lawsuit filed by the estate of a deceased motorcyclist alleging that the truck driver that hit him and the driver's company are liable for the biker's death (The Estate of John Arama v. Bryant Winfield, et al., No. 2:13-cv-381, N.D. Ind., 2017 U.S. Dist. LEXIS 71712).



Texas Appeals Panel Reverses Summary Judgment In Truck Collision Suit
BEAUMONT, Texas - A Texas appellate panel on May 18 vacated a trial court's order denying summary judgment to a corporation after finding that an employee of the company who hit a pedestrian because the plaintiff did not prove that the driver was acting in the scope of his employment during the collision (OCI Beaumont LLC v. Yazmin Barajas, No. 09-16-00406-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 4540).



Boston University Seeks Attorney Fees In NHL Concussion MDL
MINNEAPOLIS - Boston University on May 10 asked the federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation to award it attorney fees because the ruling on what documents Boston University's Chronic Traumatic Encephalopathy Center (CTE Center) had to give the league was largely in its favor and that the motion to compel was not "substantially justified" (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



3 Couples Sue Day Care Center Following E. Coli Outbreak
WESTMINSTER, Md. - Three couples filed suit in Maryland state court on May 15, claiming that their children contracted E. coli from a day care center and that the center failed to protect their children from the illness by failing to clean areas where the children were and failing to adopt policies that would prevent the spread of E. coli (Emily Starrs, et al. v. Chelsea's Gentle Care Child Development Center Inc., et al., No. C-17-73527, Md. Cir., Carroll Co.).



Missouri Jury Awards Woman $110 Million In Talcum Powder Suit
ST. LOUIS - A Missouri jury on May 4 found in favor of a woman who claimed that she developed ovarian cancer after using talc powder made by Johnson & Johnson and mined by Imerys Talc Powder and awarded her more than $110 million in damages (Lois Slemp v. Johnson & Johnson, et al., No. 1422-CC09326-01, Mo. 22nd Jud. Cir.).



U.S. Supreme Court Won't Review Appeal Regarding GM's Liability After Bankruptcy
WASHINGTON, D.C. - The U.S. Supreme Court on April 24 said it will not review the Second Circuit U.S. Court of Appeals' ruling that personal injury, wrongful death and economic loss claims over a defective ignition switch can be filed against General Motors LLC because they fall within the "free and clear" provision of the bankruptcy sale between General Motors Corp. and General Motors LLC (General Motors LLC v. Celestine Elliot, et al., No. 16-764, U.S. Sup.).



Nurse Practitioners May Opine On Cause Of Injury, Washington High Courts Finds
OLYMPIA, Wash. - The Washington Supreme Court on April 27 unanimously held that nurse practitioners may determine the cause of an injury in medical malpractice suits and reversed summary judgment in a medical malpractice suit that was dismissed on summary judgment after the trial court said a nurse practitioner was not qualified to determine how a man developed pressure ulcers (Rudy Frausto v. Yakima HMA LLC, No. 93312-0, Wash. Sup., 2017 Wash. LEXIS 442).



Kentucky Supreme Court Reverses Order Of New Trial In Medical Malpractice Suit
FRANKFORT, Ky. - The Kentucky Supreme Court on April 27 reversed a lower appellate court's order granting a plaintiff in a medical malpractice suit a new trial because the plaintiff failed to show that a doctor had violated a court order by introducing new evidence during testimony (Ted H. Jefferson D.O., et al. v. Ronald D. Eggemeyer, Nos. 2013-CA-000686, 2013-CA-000741, Ky. Sup.).



Texas Supreme Court Affirms Keeping Doctor In Medical Malpractice Suit
AUSTIN, Texas - The Supreme Court of Texas on April 28 affirmed a lower appellate court in remanding a medical malpractice suit after finding that a doctor being sued for the death of a patient and her unborn twins was not an employee of a governmental entity under the Texas Tort Claims Act (Leah Anne Gonski Marino M.D. v. Shirley Lenoir, et al., No. 15-0610, Texas Sup., 2017 Tex. LEXIS 411).



Appeals Panel Dismisses Breach Of Contract Claim In Medical Malpractice Suit
ATLANTA - A Georgia appellate panel on May 2 found that a trial court erred by not dismissing a breach of contract claim in a medical malpractice suit against a hospital because the plaintiff did not sufficiently allege that the hospital had any kind of contractual duty (Grady Memorial Hospital Corporation v. Hayes, No. A17A0170, Ga. App., 2nd Div., 2017 Ga. App. LEXIS 188).



Tennessee Appeals Panel Finds Expert Not Needed For Common Knowledge
KNOXVILLE, Tenn. - A Tennessee appellate panel on May 2 found that a man who was allegedly hit by an emergency medical technician (EMT) while he was strapped down to a gurney did not need to attach an expert affidavit and reversed the trial court's decision to dismiss the suit with prejudice and ordered the suit be remanded to be dismissed without prejudice (Jonathon Fitzrandolph Zink v. Rural/Metro of Tennessee L.P., et al., No. E2016-01581-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 276).



Couple Settles With United States In Medical Malpractice Suit
JACKSONVILLE, Fla. - A couple who sued the United States over the birth defects their child sustained during delivery at a Naval hospital settled with the United States for $5 million and moved to approve the settlement on May 1 (Jennifer Mochocki, et al. v. The United States of America, No. 3:15cv377, M.D. Fla.).



Epinephrine Causation Opinions Barred In Dental Malpractice Case
DOTHAN, Ala. - Two medical doctors cannot testify that the epinephrine used in a dental anesthetic caused a man with high blood pressure to have a stroke that killed him, but they can offer other causation opinions and testify about the alleged breach of the standard of care by the dentist who pulled four of the man's teeth just before he suffered the fatal stroke, an Alabama federal magistrate judge ruled April 28 (Cynthia Rushing Murphy v. Robert C. Precise, D.M.D., No. 1:16-cv-143, M.D. Ala., 2017 U.S. Dist. LEXIS 64721).



Ohio Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
WARREN, Ohio - An Ohio appellate panel on May 1 affirmed a trial court's grant of summary judgment to a doctor and the practice he worked for after finding that the plaintiff's expert in the medical malpractice suit was not an orthopedic surgeon like the defendant, as required by Ohio law (Corey O'Stricker v. Robinson Memorial Hospital Foundation, et al., No. 2016-P-0042, Ohio. App., 11th Dist., Portage Co., 2017 Ohio App. LEXIS 1611).



New York Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
NEW YORK - A New York appellate panel on April 26 affirmed summary judgment granted to a hospital, its owner and one of its physician assistants because the plaintiffs in a medical malpractice suit failed to present a triable issue of fact (Juan Ortiz, et al. v. Wyckoff Heights Medical Center, et al., No. 2015-01557, N.Y. Sup., App. Div., 2nd Dept., N.Y. App. Div. LEXIS 3119).



Florida Appeals Panel Affirms Summary Judgment In Premises Liability Suit
WEST PALM BEACH, Fla. - A Florida appellate panel on April 26 affirmed a decision by a lower state court to grant summary judgment to a land owner because "no reasonable jury" could find that an easement where a woman injured herself was designed as a path to get to a shopping center and because the woman was not an invitee and the land owner did not owe her a duty of protection (Delores Arp v. Waterway East Association Inc., et al., No. 4D16-114, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 5793).



Federal Judge: Court Lacks Jurisdiction In Personal Injury Suit Against Tribe
MARQUETTE, Mich. - A woman who was seriously injured in a trip-and-fall accident in a tribal convenience store cannot seek relief in federal court from tribal court rulings barring her lawsuit against the tribe due to a procedural error, a federal judge in Michigan held April 27 (Linda L. Lesperance v. Sault Ste. Marie Tribe of Chippewa Indians, No. 2:16-cv-232, W.D. Mich., 2017 U.S. Dist. LEXIS 64193).



New Jersey Panel Bars Expert Opinions To Juries On 'Symptom Magnification'
NEWARK, N.J. - The New Jersey Superior Court Appellate Division created a "bright-line" rule April 27 that forbids expert witnesses from presenting an opinion in a civil personal injury case heard by a jury on the concepts of symptom magnification and malingering in an attempt to impeach a party's credibility (Alexandra Rodriguez v. Wal-Mart Stores, Inc., No. A-4137-14T3, N.J. Super. App. Div., 2017 N.J. Super. LEXIS 56).



Causation Testimony From Treating Physicians Allowed Despite No Expert Reports
ORLANDO, Fla. - The plaintiff in a slip-and-fall suit can proceed with causation testimony from her treating physicians despite not filing expert reports, but the physicians can provide testimony only on the medical summary and records the plaintiff provided, a Florida federal judge ruled April 19 (Lola Jones v. Discount Auto Parts, LLC, No. 16-138, M.D. Fla., 2017 U.S. Dist. LEXIS 59890).



Federal Judge In NHL MDL Partially Grants, Denies Motion To Compel
MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on April 26 said the league will not be able to get most of the documents from the Boston University Chronic Traumatic Encephalopathy Center (BU CTE Center) because of the heavy burden it would create on the center to gather all of the documents requested (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Federal Judge Remands Football Injury Lawsuit To Texas State Court
HOUSTON - A federal judge in Texas on May 2 ordered that a suit brought by a former professional football player who allegedly sustained a career-ending injury because of the turf in the Houston Texans' stadium be remanded to state court because the defendants did not show that the claims are preempted by federal law (DeMeco Ryans v. Houston Texans, et al., No. 4:16-cv-03554, S.D. Texas, 2017 U.S. Dist. LEXIS 66880).



Summary Judgment In Ohio Cheerleading Accident Lawsuit Upheld
DAYTON, Ohio - An Ohio appellate panel majority on April 28 affirmed summary judgment to a couple who allowed their daughter's cheerleading team to practice at their home after finding that a girl who was injured during practice knew that cheerleading comes with inherent risks and the risk the injured girl took was not unreasonable (Jailynn Brown, et al. v. Andre T. Harris Sr., et al., No. 27069, Ohio App., 2nd Dist., Montgomery Co., 2017 Ohio App. LEXIS 1619).



NHL Seeks To Remove 2 Former Players From Concussion MDL
MINNEAPOLIS - The National Hockey League (NHL) on April 27 moved to dismiss two players from the class suit in the NHL concussion multidistrict litigation, saying their claims are time-barred by District of Columbia law (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Supreme Court Hears Arguments On Personal Jurisdiction For BNSF Injury Suits
WASHINGTON, D.C. - BNSF Railway Co. is not subject to general personal jurisdiction in Montana because it is not at home in that state, the attorney representing BNSF argued on April 25 before the U.S. Supreme Court in the appeal of two personal injury cases that were consolidated by the Montana Supreme Court (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).



Denial Of Cert Allows Negligence Action Against Tribal Workers To Proceed
WASHINGTON, D.C. - Three tribal casino employees must face claims that they negligently allowed a customer to get drunk, drive away and crash into another car, killing two people, after the U.S. Supreme Court on May 1 denied certiorari in the case, which had been held pending Brian Lewis and Michelle Lewis v. William Clarke, in which the court held last week that a couple can pursue negligence claims against a tribal employee because the worker, not the tribe, is the real party in interest (Tunica-Biloxi Gaming Authority, et al. v. Zachary Zaunbrecher, et al., No. 15-1486, U.S. Sup.).



Judge Denies Amendment To $105,802.85 Judgment As No Threat Of Insurer's Insolvency
MONROE, La. - Finding that an insured provided no support that there is a "real possibility" of insolvency of a State Farm Fire and Casualty Co. subsidiary, a Louisiana federal judge dismissed State Farm on April 17 from a judgment ordering payment of $105,802.85 for injuries arising out of a personal injury lawsuit (Wilbert J. Saucier Jr. v. State Farm Mutual Automobile Insurance Co., No. 14-3157, W.D. La., 2017 U.S. Dist. LEXIS 58483).



Excusable Neglect Caused Couple's Failure To File Amended Complaint, Judge Says
TAMPA, Fla. - A federal judge in Florida on May 2 remanded for a second time a couple's wrongful death suit against the builder of their home, finding that their inability to file a second amended complaint that was going to include subcontractors who helped build the home by the April 7 deadline was the result of excusable neglect (Rohan B. Goldson, et al. v. KB Home, et al., No. 17-cv-848-T-24, 2017 U.S. Dist. LEXIS 66969).



Supreme Court: Causal Link Necessary In Sanctions For Discovery Misconduct
WASHINGTON, D.C. - Vacating a $2.7 million sanctions award against Goodyear Tire & Rubber Co. in a product liability suit, the U.S. Supreme Court on April 18 ruled that such an award must have a causal link to costs incurred by the opposing party that are attributable to the misconduct (Goodyear Tire & Rubber Co. v. Leroy Haeger, et al., No. 15-1406, U.S. Sup., 2017 U.S. LEXIS 2613).



Pennsylvania Superior Court Affirms $55 Million Verdict In Product Defect Suit
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on April 19 affirmed a $55 million verdict in a product liability suit in which a man claimed that he became a quadriplegic because the seat belt he was wearing during a car crash did not protect him (American Honda Motor Co., Inc. v. Carlos Martinez, et al., No. 445 EDA 2015, Pa. Super., 2017 Pa. Super. LEXIS 271).



5th Circuit Panel Affirms Summary Judgment In Rifle Defect Suit
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 19 affirmed a federal judge's grant of summary judgment to the makers of a rifle because the product defect suit against them was time-barred by the Texas Statute of Repose (Edward Burdett v. Remington Arms Company LLC, et al., No. 16-11216, 5th Cir., 2017 U.S. App. LEXIS 6745).



Iowa Supreme Court Deems Hospital Safety Report Not Subject To Discovery
DES MOINES, Iowa - An Iowa morbidity and mortality statute shields a hospital's safety report from discovery in a patient's negligence suit, the Iowa Supreme Court ruled April 7, reversing a trial court order compelling its production (Dennis Willard v. State of Iowa, No. 16-1009, Iowa Sup., 2017 Iowa Sup. LEXIS 31).



Federal Judge Awards Plaintiffs In Medical Malpractice Suit $33.8 Million
MIAMI - A federal judge in Florida on April 17 ordered the United States to pay the parents of a child who developed brain damage following delivery $33.8 million after finding it responsible for the negligence of a doctor who was employed by a federally funded clinic (Marla Dixon, et al. v. United States of America, No. 15-23502, S.D. Fla.).



Federal Judge Orders United States To Pay $32.9M In Medical Malpractice Suit
HARRISBURG, Pa. - A federal judge in Pennsylvania on April 20 found that the United States was responsible for the brain damage a child sustained during delivery at a federally funded facility and ordered the United States to pay the parents of the child $32.9 million (Christina Late, et al. v. United States of America, No. 1:13-CV-0756, M.D. Pa., 2017 U.S. Dist. LEXIS 60012).



Limitations Period Sinks Wrongful Death Suit Over Man's Fall At Facility
BOSTON - A son cannot pursue a wrongful death action against the United States for the death of his elderly father soon after a fall at a government-run health center in Massachusetts because he filed his claim after the statute of limitations had expired, the First Circuit U.S. Court of Appeals ruled April 19 (Peter Camerano v. United States of America, No. 16-2025, 1st Cir., 2017 U.S. App. LEXIS 6744).



Virginia High Court Remands Medical Malpractice Suit For New Trial
RICHMOND, Va. - The Virginia Supreme Court on April 13 ordered a new trial in a medical malpractice suit after finding that the defendant's expert witness's testimony should not have been admitted because it was based on an assumption "that has no basis in fact" (Mariam Toraish v. James Jay Lee, No. 160495, Va. Sup., 2017 Va. LEXIS 43).



Florida Judge Declares Mistrial In Medical Malpractice Lawsuit
WEST PALM BEACH, Fla. - A medical malpractice trial on in Florida state court on April 7 ended in a mistrial after the jury was unable to reach a unanimous verdict (Pui Chan v. Tenet St. Mary's Medical Center, No. 2015-CA-008359, Fla. Cir., 15th Jud. Cir., Palm Beach Co.).



Supreme Court Rules Against Tribal Casino Limo Driver In Couple's Negligence Suit
WASHINGTON, D.C. - An Indian tribe's sovereign immunity does not protect a tribal casino limousine driver from an individual capacity lawsuit filed by a couple injured in a crash with the limo because the driver is the actual party in interest, not the tribe, a unanimous U.S. Supreme Court held April 25 (Brian Lewis and Michelle Lewis v. William Clarke, No. 15-1500, U.S. Sup.).



5th Circuit Remands Slip-And-Fall Suit For A Second Time
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on April 14 reversed summary judgment for a second time in a suit where an employee at a grocery store was injured while cleaning up a spill because there is a question of material fact over whether a cleaning product the store failed to provide him with would have prevented his fall (Randy J. Austin v. Kroger Texas L.P., No. 16-10502, 5th Cir., 2017 U.S. App. LEXIS 6479).



Texas Appeals Panel Affirms Summary Judgment In Work Injury Suit
DALLAS - A Texas appeals panel on April 14 affirmed a trial court's grant of summary judgment to a trash truck company because a man who injured himself repairing the tires on one of the company's trucks did not show that the company owed him a duty of protection (Jose Jaimes v. Marco Lozano D/B/A American Waste Disposal, No. 05-16-00165-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 3322).



Florida High Court; Attorney-Doctor Referral Relationship Protected By Privilege
TALLAHASSEE, Fla. - An attorney's referral of a client to a particular physician constitutes a confidential communication that is protected by attorney-client privilege, a majority in the Florida Supreme Court ruled April 13, reversing an appeals court finding that such a referral relationship is discoverable as a means of determining potential bias by the physician in a personal injury lawsuit (Heather Worley v. Central Florida Young Men's Christian Association, et al., No. SC15-1086, Fla. Sup., 2017 Fla. LEXIS 812).



Alabama High Court Reverses Summary Judgment In Slip-And-Fall Suit
MONTGOMERY, Ala. - The Alabama Supreme Court on April 21 found that a company that owns a McDonalds fast food restaurant did not present enough evidence to show that a puddle a woman slipped on was an open and obvious danger and reversed summary judgment granted to the company by the trial court (Andre Barnwell v. CLP Corp., No. 1151329, Ala. Sup., 2017 Ala. LEXIS 37).



Federal Judge Grants Amtrak's Motion To Dismiss Negligence Suit
BALTIMORE - A federal judge in Maryland on April 18 granted the National Railroad Passenger Corp.'s (Amtrak) motion to dismiss a suit brought by a woman who claimed that she was injured after falling down on an Amtrak train because she did not plead sufficient facts to support a negligence claim (Bessie Moore v. National Railroad Passenger Corp., No. ELH-16-3015, D. Md., 2017 U.S. Dist. LEXIS 58865).



New York Appeals Panel: Woman Entitled To Discovery In Hotel Slip-And-Fall Case
NEW YORK - A New York appeals panel on Oct. 13 ruled that a state justice properly denied a hotel franchisor's motion for summary judgment in a premises liability action as premature, saying that a plaintiff is entitled to discovery of issues related to the franchisor's possible agency relationship with a hotel where her slip-and-fall injury occurred (Gloria Stern v. Starwood Hotels and Resorts Worldwide Inc., No. 3690, 108672/11, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 2793).



Couple Sues Grocery Store For Injuries Following Slip And Fall
LOS ANGELES - A woman who injured herself in a fall in a grocery store sued the grocery store in California court on April 7, claiming that the store did not clean up a "mushy substance" in the frozen food aisle, which caused her to fall (Yvette Perez, et al. v. YFE Holdings Inc. doing business as Fresh & Easy, No. BC657068, Calif. Super. Los Angeles Co.).



Couple Sues Restaurant, Property Owners For Negligence After Fall
MELBOURNE, Fla. - A Florida couple on April 3 sued a shopping center, its owners and a restaurant and its owners in Florida state court, claiming that they were negligent by not warning about a dangerous condition that caused the wife to fall and injure herself (Sheila LeCount, et al. v. Poag Shopping Centers LLC, et al., No. 05-2017-CA-022203, Fla. 18th Jud. Cir., Brevard Co.).



Jury Enters Almost $8M Verdict Against Supplier Of Contaminated Seeds
SANTA ANA, Calif. - A California federal jury on April 14 entered an almost $8 million verdict against a company that supplied pomegranate seeds contaminated with hepatitis A after determining that the plaintiffs proved that the company was the source of the contaminated seeds (Townsend Farms Inc. v. Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret ve Sanayi A.S. et al., No. 15-837, C.D. Calif.).



Man Sues Restaurant After Developing E. Coli From Chicken And Rice
BOSTON - A man who contracted E. coli after eating chicken and rice from a restaurant filed suit against the restaurant in a Massachusetts state court on April 18, claiming that the restaurant failed to protect him by serving contaminated food (Trevor Bryant v. Chicken and Rice Guys LLC, No. 1784CV01184, Mass. Super. Suffolk Co.).



Federal Judge Rules On Motions To Dismiss In NCAA Concussion Suit
WASHINGTON, D.C. - A federal judge in the District of Columbia on April 12 ruled on multiple motions to dismiss defendants from a concussion suit brought by a former collegiate athlete and dismissed certain claims against defendants, but did not wholly dismiss any one defendant in the suit (Jennifer Bradley v. NCAA, et al., No. 1:16-CV-00346RBW, D. D.C., 2017 U.S. Dist. LEXIS 55779).



Couple Files Suit Against Cruise Line For Waterslide Injury
MIAMI - A couple on March 29 filed suit in Florida against a cruise line, claiming that the cruise line was negligent by not have safety measures in place, which caused a man to crash into a rider who was stuck on the slide in front of him and caused a life-long injury (Kieran Michael Gulas, et al. v. NCL Bahamas Ltd. d/b/a Norwegian Cruise Lines, No. 1:17cv21166, S.D. Fla.).