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

LexisNexis® Mealey's™ Personal Injury Legal News

Headline Personal Injury Legal News from LexisNexis®


Illinois High Court Reverses, Restores Defense Summary Judgment In Negligence Action
SPRINGFIELD, Ill. - In an Oct. 20 divided opinion, the Illinois Supreme Court reversed an intermediate appellate court and affirmed a trial court's grant of summary judgment to a railroad company in a negligence and premises liability action, finding that there are no issues of material fact to preclude summary judgment (Patrick Joseph Carney v. Union Pacific Railroad Company, No. 118984, Ill. Sup.; 2016 IL 118984; 2016 Ill. LEXIS 1234).

Oklahoma Supreme Court Affirms $30.47M Verdict In 2010 Pipeline Explosion
OKLAHOMA CITY - The Oklahoma Supreme Court on Oct. 11 upheld a $30.47 million jury verdict for C&H Power Line Construction Co. in a case in which a man was killed in a 2010 Texas natural gas pipeline explosion that resulted in a sale of the company at substantially less than its value at the time of the accident, saying that C&H's expert's testimony "reasonably supported the verdict" (C&H Power Line Construction Co. v. Enterprise Products Operating LLC, et al., No. 112177, Okla. Sup.; 2016 Okla. LEXIS 108.).

California Panel Affirms Judgment For Property Owners In Horse-Trampling Suit
SACRAMENTO, Calif. - California Civil Code Section 846(c) shields landowners from liability where "recreational users of their land cause injury to persons outside the premises who are uninvolved in the recreational use of the land, even where the plaintiffs also allege that the landowners' neglect of their own property-based duties contributed to the injury," a California appellate panel ruled Oct. 13 in what it called a case of first impression (Yan Wang, et al. v. Gregory Nibbelink, et al., No. C073871, Calif. App., 3rd Dist.; 2016 Cal. App. LEXIS 861).

Texas Appeals Panel Reverses Summary Ruling In Premises Liability Case
AUSTIN, Texas - A Texas appeals panel on Oct. 7 reversed a summary judgment ruling in a premises liability case in favor of a barbecue restaurant franchisor and remanded it to district court for further proceedings, saying that a restaurant knew, or should have known, about a slick floor that allegedly caused a patron's injuries (Gerald Kostecka v. Smokey Mo's Franchise LLC, No. 03-15-00295-cv, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 10980).

New York State Justice Denies Starwood Motion To Dismiss Injury Claim
NEW YORK - A New York state justice on Oct. 6 denied a hotel franchisor's motion for summary judgment in a premises liability action as premature, saying that the franchisor cannot show that it is not the owner of the hotel where the slip-and-fall injury occurred before discovery is completed (Gloria Stern v. Starwood Hotels and Resorts Worldwide Inc., No. 108672/2011, N.Y. Sup., New York Co.; 2016 N.Y. Misc. LEXIS 3544).

7th Circuit Panel Reverses Judgment On Spoliation Claims
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Oct. 7 held that an Illinois federal judge properly granted summary judgment in a product liability case to a scaffolding manufacturer because there was no evidence in the record that the specific bar that caused a worker's injury was defective but that the grant of summary judgment in favor of the owner of a power plant where the scaffolding was being installed on spoliation claims was improper because the plaintiff never had an opportunity to have the bar, which was lost, analyzed for defects (Matthew Schaefer, et al. v. Universal Scaffolding & Equipment LLC, et al., No. 15-2393, 7th Cir.; 2016 U.S. App. LEXIS 18233).

Father Appeals Summary Judgment In BMW Wrongful Death Suit To 8th Circuit
ST. LOUIS - A father whose wrongful death suit against BMW North America LLC was dismissed by a federal court told the Eighth Circuit U.S. Circuit Court of Appeals on Oct. 18 that the district court erred when it found that his son was misusing a car jack made by BMW (Bruce Lindholm v. BMW of North America LLC, No. 16-3516, 8th Cir.).

Federal Judge Partially Denies Summary Judgment In Defective Product Suit
BOSTON - A federal judge in Massachusetts on Oct. 17 partially granted and partially denied a hardware store and a lawnmower maker's motions for summary judgment in a case where the manufacturer is accused of building a defective lawn mower and the store is accused selling a defective lawn mower because there is a genuine question regarding whether the defendants owed a duty to protect the plaintiff (Anthony Provanzano v. MTD Products Co., et al., No. 15-11720-NMG, D. Mass; 2016 U.S. Dist. LEXIS 143402).

Federal Judge Allows Class Representative To Be Added To NHL MDL
MINNEAPOLIS - The federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on Oct. 14 allowed the estate of a deceased hockey player who was diagnosed with chronic traumatic encephalopathy (CTE) to be added as a class representative in MDL, finding that the league will not be prejudiced (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

WWE Moves To Dismiss Final Claims In Consolidated Concussion Suit
HARTFORD, Conn. - World Wrestling Entertainment Inc. (WWE) on Oct. 19 moved to dismiss the complaint of the remaining plaintiffs in a consolidated suit alleging that the WWE failed to warn them about the dangers of concussions, saying the claims brought by the former wrestlers are all time-barred (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 15-1074, D. Conn.).

Football Player Claims Turf Was Improperly Laid, Causing Career-Ending Injury
HOUSTON - A former professional football player on Oct. 17 filed suit against the Houston Texans in Texas state court, alleging that he suffered a career-ending injury because the turf at the Texans' field was improperly laid (DeMeco Ryans v. Houston Texans, et al., No. 2016-70179, Texas Dist. Harris Co.).

5th Circuit Affirms Defense Summary Judgment In Medical Negligence Case
NEW ORLEANS - A federal court in Texas did not abuse its discretion in excluding the testimony of the plaintiff's expert witness in a medical negligence case, a Fifth Circuit U.S. Court of Appeals panel found Oct. 19, affirming summary judgment for the defendants (Jewel Honey-Love, Individually and as a Representative of the Estate of Larry Lavon Love v. United States of America, et al., No. 16-20080, 5th Cir.; 2016 U.S. App. LEXIS 18829).

Tennessee Appeals Panel Affirms Dismissal Of Medical Malpractice Suit
KNOXVILLE, Tenn. - A Tennessee appeals panel on Oct. 17 affirmed the dismissal of a medical malpractice plaintiff's claims because she failed to comply with the Health Insurance Portability and Accountability Act (HIPAA)-complaint authorization requirement under Tennessee law (Catherine Cright v. Tijuan Overly M.D., et al., No. E2015-01215-COA-R3-CV, Tenn. App.; 2016 Tenn. App. LEXIS 770).

Judge Declines To Exclude Treating Physician Testimony In Medical Malpractice Suit
SAN JUAN, Puerto Rico - In a medical malpractice lawsuit, a Puerto Rico federal judge on Oct. 19 refused to exclude a treating physician's testimony because it is relevant to establish the causal nexus between a man's prior treatment and his alleged injury (Martin Torres-Rivera v. Centro Medico Del Turabo Inc., et al., No. 13-1747, D. Puerto Rico; 2016 U.S. Dist. LEXIS 145129).

Takata Air Bag MDL Judge Partially Grants, Denies Summary Judgment To BMW
MIAMI - The Florida federal judge overseeing the Takata air bag multidistrict litigation on Oct. 14 granted summary judgment on 11 claims against BMW of North America LLC and BMW Manufacturing Co. (collectively, BMW) after finding that many of the state subclasses do not yet have plaintiffs and that claims specific to those classes cannot be pursued (In re: Takata Airbag Products Liability Litigation, No. 15-02599-CIV-Moreno, MDL No. 5-2599, S.D. Fla.).

General Motors Bellwether Plaintiff Dismisses Personal Injury Claims
NEW YORK - The man set to be the first in the second set of bellwether trials against General Motors in the ignition switch multidistrict litigation dismissed his personal injury claims against the automaker with prejudice on Oct. 20 (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, James Boyd v. General Motors LLC, No. 1:14-cv-08385, S.D. N.Y.).

Nonparty In GM Ignition Switch MDL Moves To Quash Subpoena
NEW YORK - The company that designed and manufactured the allegedly faulty initiation switch in General Motors vehicles on Oct. 19 asked the judge overseeing the GM ignition switch multidistrict litigation to quash a subpoena the plaintiffs served to it seeking further discovery (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).

Objectors To NFL Concussion Settlement Seek Supreme Court Review
WASHINGTON, D.C. - Thirty-one former football players who oppose the concussion settlement between former players and the National Football League (NFL) on Sept. 26 filed a petition for a writ of certiorari with the U.S. Supreme Court, hoping to stop the $1 billion settlement from taking effect because they believe it is unfair to players who have not yet been diagnosed with a brain injury (Raymond Armstrong, et al. v. National Football League, et al., No. 16A186, U.S. Sup.).

2nd Circuit Dismisses Appeals From Former Professional Wrestlers
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 27 dismissed two appeals brought by two groups of former professional wrestlers who argued that their claims that World Wrestling Entertainment Inc. (WWE) hid the dangers of brain injuries from the wrestlers were improperly dismissed by the lower court because there is nothing in the wrestlers' appellate briefs that "overcomes the strong presumption that the judgment is not appealable" (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 16-1231, 2nd Cir.; 2016 U.S. App. LEXIS 17519).

Federal Judge Allows Deceased Hockey Player's Parents To File 2nd Complaint
CHICAGO - A federal judge in Illinois on Sept. 30 allowed the parents of a deceased National Hockey League (NHL) player to file a second amended complaint for the alleged wrongful death of their son because new claims brought in the amended complaint claim actual harm caused by the NHL (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill.; 2016 U.S. Dist. LEXIS 134232).

Ex-College Football Player Sues Notre Dame, NCAA For Alleged Concussion Cover-Up
INDIANAPOLIS - A former football player at the University of Notre Dame on Oct. 4 filed a proposed class action in Indiana federal court against the university and the National Collegiate Athletic Association (NCAA), claiming that the school and the league knew about the dangers of head injuries and concussions but failed to warn players (Gary Gray v. University of Notre Dame, et al., No. 1:16-cv-2638, S.D. Ind.).

JPMDL Centralizes Johnson & Johnson Talc Powder Suits To New Jersey Federal Court
WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation on Oct. 4 centralized nine suits claiming that the talc in Johnson & Johnson's baby powder has caused ovarian cancer (In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, MDL No. 2738, JPMDL).

5th Circuit: Exclusion Of Expert Testimony Is Fatal To Products Liability Case
NEW ORLEANS - The exclusion of expert testimony on the mechanics of how a vehicle's fuel tank struck a flange and whether safer alternative designs existed was fatal to prove products liability claims, the Fifth Circuit U.S. Court of Appeals ruled Oct. 5, affirming summary judgment for the vehicle's manufacturers (Henry Lee Sims Jr., individually and as legal heir to the Estate of Henry Lee Sims Sr., et al. v. Kia Motors of America and Kia Motors Corp., No. 15-10636, 5th Cir.; 2016 U.S. App. LEXIS 18116).

High Court To Decide If Limo Driver Has Tribal Immunity For Crash Claims
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 29 granted certiorari to review a Connecticut Supreme Court finding that a limousine driver for an Indian casino is protected by the tribe's sovereign immunity from a couple's personal injury claims stemming from a car crash (Brian Lewis and Michelle Lewis v. William Clarke, No. 15-1500, U.S. Sup.).

Iowa State Jury Awards $3.9 Million To Drunken Driving Victim
DES MOINES, Iowa - An Iowa jury on Oct. 7 awarded nearly $4 million to a woman whose leg was injured when her car was hit by a drunken driver (Cheryl Bronson v. Ryan Foley, No. 05771 LACL133402, Iowa 5th Dist., Polk Co.).

Texas Appeals Panel Affirms Summary Judgment In Car Crash Suit
HOUSTON - A Texas appellate panel on Oct. 4 ruled that a trial court correctly found that the statute of limitations had expired by the time the plaintiffs in a car crash suit served the lone defendant in the case (Juan Soto Perez, et al. v. Jared Efrud, No. 01-05-00963-CV, Texas App. 1st Dist.; 2016 Tex. App. LEXIS 10747).

Accident Reconstruction Expert's Testimony Meets Daubert Standard, Judge Says
PHILADELPHIA - An accident reconstruction expert's testimony that one party's actions more than likely caused a vehicle collision meets the reliably requirement for Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 [1993]), a Pennsylvania federal judge ruled Sept. 28 (Dale Miller v. Wheeler Brodie, et al., No. 15-4992, E.D. Pa.; 2016 U.S. Dist. LEXIS 133120).

California Appeals Panel: Winery Not At Fault In Fall Suit
RIVERSIDE, Calif. - A California appellate panel on Oct. 7 affirmed summary judgment for the owners of a winery where a woman fell on a patio and injured herself (Lorna Good v. OGB Partners LLC., No. E062751, Calif. App., 4th Dist., Div. 2; 2016 Cal. App. Unpub. LEXIS 7316).

Colorado Appeals Panel Reverses In Part Summary Judgment In Negligence Suit
DENVER - A panel of the Fifth Division Colorado Court of Appeals on Oct. 6 affirmed in part and reversed in part a Colorado district court's decision to grant summary judgment to a woman accused of failing to maintain a sidewalk outside of her house on which another woman tripped and injured herself (Emma Andrade v. Margaret Johnson, No. 15CA1664, Colo. App., Div. 5; 2016 Colo. App. LEXIS 1400).

Sacramento Settles For $15 Million After Death Of Girl Allergic To Peanuts
SACRAMENTO, Calif. - The City of Sacramento and an organization that operates a camp associated with it on Oct. 5 settled for $15 million a wrongful death case filed in California state court by the parents of a girl with a peanut allergy who died after eating a crisped rice treat that had peanut butter in it, according to media reports (Joanne M. Giorgi, et al. v. City of Sacramento, et al., No. 34-2014-00162222, Calif. Super., Sacramento Co.).

Colorado Appellate Panel Affirms $2.25 Million Verdict In Wrongful Death Suit
DENVER - A Colorado appellate panel on Oct. 6 affirmed a $2.25 million verdict in a wrongful death action after finding that the trial court did not err by allowing the jury to learn that a drunken driver had two prior convictions for driving under the influence (Naema Alhilo v. Daniel Kliem, No. 15CA0072, Colo. App., Div. 2; 2016 Colo. App. 1399).

Louisiana Appeals Panel: Plaintiff May Pursue Damages Against Hospital's Insurer
SHREVEPORT, La. - A Louisiana appellate panel on Oct. 5 affirmed a trial court's ruling that a plaintiff in a medical malpractice action may seek damages against a hospital's insurance company because the insurer failed to show that a doctor accused of malpractice was not at fault for the death of a man he examined (Latidrua Jackson, et al. v. Joseph A. Farquhar, et al., No. 50,902-CA, La. App., 2nd Cir.; 2016 La. App. LEXIS 1797).

Judge: Surgeon's Opinion On Procedure Creates Genuine Issue In Medical Malpractice Case
NEW YORK - A urological surgeon may testify on the performance of a ureteroscopy procedure and its expected risks and outcomes, a New York federal judge ruled Sept. 26, finding that this testimony creates a genuine issue of dispute concerning a medical malpractice claim (John Bosco v. United States of America, No. 14-3525, S.D. N.Y.; 2016 U.S. Dist. LEXIS 131563).

California Judge Awards $19.8 Million To Toddler Who Shot Himself Accidentally
REDDING, Calif. - A California judge determined Sept. 29 that the family of a toddler who accidently shot himself in the head should be awarded $19.8 million by his grandparents, who owned the handgun in question (Grady Stepp, et al. v. Johnnie Stepp, et al., No. 178419, Calif. Sup., Shasta Co.).

Georgia Appellate Panel Reverses Summary Judgment In Hospital Negligence Suit
ATLANTA - A Georgia appellate panel on Oct. 4 reversed summary judgment granted to a hospital after ruling that the trial court erred in finding that a woman who was injured getting out of a wheelchair in a hospital had to file an expert affidavit with her negligence claim against the hospital (Caroline Byrom v. Douglas Hospital Inc., No. A16A0937, Ga. App., 3rd Div.; 2016 Ga. App. LEXIS 543).

Seafood Chain Sued Over Alleged Salmonella Outbreak In Arizona
PHOENIX - A woman who became sick after eating seafood at a restaurant filed a first amended complaint in federal court in Arizona on Sept. 27, claiming that the restaurant served her food that was infected with salmonella (Shaina Alice Robinson v. Pappas Restaurant Inc., No. CV-16-03253-PHX-GMS, D. Ariz.).

Judge Tells Employer To Provide Expert Witnesses' Previous Case Compensation
NEW YORK - In a personal injury lawsuit, an employer must provide information concerning its expert witnesses' past compensation in previous cases, a New York federal judge ruled Sept. 29, granting in part motions to exclude (Daniel Whalen v. CSX Transportation Inc., No. 13-3784, S.D. N.Y.; 2016 U.S. Dist. LEXIS 135061).

Rehabilitation Expert Barred From Testifying On Available Jobs, Magistrate Judge Finds
BALTIMORE - A vocational rehabilitation expert is precluded from testifying on the availability of teaching jobs in western Maryland in an employee's lawsuit related to a workplace injury, a Maryland federal magistrate judge held Sept. 27 (Lou Montgomery, et al. v. CSX Transportation, et al., No. 14-1520, D. Md.; 2016 U.S. Dist. LEXIS 131970).

2nd Circuit Will Not Rehear GM Ignition Switch Claims Dispute
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 14 denied General Motors LLC's petition for panel rehearing or rehearing en banc of the court's July decision that the 2009 sale order under which it purchased assets from the bankrupt General Motors Corp. violated the due process rights of people allegedly injured by an ignition switch defect in GM vehicles (In Re: Motors Liquidation Company, Nos. 15-2844, 15-2847 and 15-2848, 2nd Cir.).

Virginia Supreme Court Reverses $20 Million Verdict Against Mazda
RICHMOND, Va. - The Virginia Supreme Court on Sept. 8 reversed a $20 million verdict that was entered against Mazda after finding that the car maker had no duty to design a soft top for its convertible cars that would protect drivers from injuries that can occur during rollover accidents (Holiday Motor Corporation, et al. v. Shannon B. Walters, No. 150391, Va. Sup.; 2016 Va. LEXIS 111).

Colorado High Court Finds Ford Not 'At Home' In Product Defect Suit
DENVER - The Colorado Supreme Court on Sept. 12 found that a trial court erred in denying Ford Motor Co.'s motion to dismiss in a defective product suit against it because the court does not have personal jurisdiction over the company because Colorado is not its principal place of business (John Magill, et al. v. Ford Motor Company, et al., No. 15SA332, Colo. Sup.; 2016 Colo. LEXIS 993).

Takata MDL Judge Partially Grants, Denies Motion To Dismiss Toyota Claims
MIAMI - A federal judge in Florida on Sept. 22 dismissed a handful of claims in a consolidated complaint against Toyota, partially granting and partially denying the automaker's motion to dismiss the second amended complaint in the Takata air bag multidistrict litigation but keeping the majority of the claims for trial (In re: Takata Airbag Products Liability Litigation, No. 15-02599-CIV-Moreno, MDL No. 5-2599, S.D. Fla.).

Suit Alleging Link Between Baby Powder, Cancer Remanded To Missouri State Court
ST. LOUIS - A federal judge in Missouri on Sept. 21 found that Johnson & Johnson did not provide enough evidence that claims against it were brought in bad faith to warrant removal and remanded the case to Missouri state court, allowing for trial to begin on Sept. 26, where a jury will determine if the talc used in Johnson & Johnson baby powder caused ovarian cancer (Tiffany Hogans, et al. v. Johnson & Johnson, et al., No. 4:16-cv-01470-JCH, E.D. Mo.).

Judge Finds Registering In State Provides Jurisdiction Over Talc Companies
PHILADELPHIA - Registering to do business in Pennsylvania provides consent to personal jurisdiction in the state even in light of recent Supreme Court precedent, a federal judge in Philadelphia held Sept. 20 in a case alleging ovarian cancer arising from exposure to talc (Nancy Bors v. Johnson & Johnson, et al., No. 16-2866, E.D. Pa.; 2016 U.S. Dist. LEXIS 128259).

California Man Files Product Defect Suit Over Exploding Samsung Phone
HACKENSACK, N.J. - A California man on Sept. 8 filed suit in a New Jersey court claiming that his Samsung cellphone was made in a defective manner that caused it to explode in his pocket and catch his pants on fire (Daniel Ramirez v. Samsung Electronics America Inc., et al., N.J. Super., Bergen Co.).

D.C. Federal Judge Dismisses Some Claims In Navy Yard Shooting Suits
WASHINGTON D.C. - A federal judge in the District of Columbia on Sept. 15 partially granted and partially denied motions to dismiss filed by the companies accused of negligently hiring the man who killed seven people and injured two in the 2013 Navy Yard shooting, allowing only negligent retention and supervision claims to proceed to the discovery phase of the nine separate suits over the same shooting (James B. Frasier Jr, et al. v. HP Enterprise Services LLC, No. 15-1492, Patricia Delorenzo v. HP Enterprise Servs., LLC, No. 1:15-cv-0216-RMC, John Proctor v. HP Enterprise Servs., LLC, No. 1:15-cv-1494-RMC, Priscilla Halmon-Daniels v. The Experts, Inc., No. 1:15-cv-1501-RMC, Michelle Kohler v. HP Enterprise Servs., LLC, No. 1:15-cv-1636-RMC, Tracy Ridgell v. HP Enterprise Servs., LLC, No. 1:15-cv-1637-RMC, Erin Zagami v. HP Enterprise Servs., LLC, No. 1:15-cv-1638-RMC, Jane Mae McCullough v. HP Enterprise Servs., LLC, No. 1:15-cv-1639-RMC, Jennifer Jacobs v. The Experts, Inc., No. 1:15-cv-2242-RMC, D. D.C.; 2016 U.S. Dist. LEXIS 125231).

Widow Files Wrongful Death Suit After Husband Is Electrocuted
EASTON, Pa. - The widow of a man who died after being shocked by a downed power line filed suit in Pennsylvania state court on Sept. 12 against the companies that owned and operated the power line and electrical equipment in the area, claiming that a utility pole was not properly installed and maintained, which led to her husband's death (Sarah Poynton, et al. v. Metropolitan Edison Company, et al., No. C-0048-CV-2016-08149, Pa. Comm. Pls., Northampton Co.).

Summary Judgment Affirmed For Hospital, Ambulance Company In Negligence Suit
SANTA ANA, Calif. - A California appellate panel on Sept. 23 affirmed a trial court's decision to grant summary judgment to a hospital and an ambulance company after finding that the claims filed by a man who injured himself falling off of a gurney were filed beyond the statute of limitations (Manuel Nava v. Saddleback Memorial Medical Center, et al., No. G052218, Calif. App., 4th Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 7003).

Michigan Appellate Panel Reverses Summary Judgment For Haunted Maze Injury
DETROIT - A Michigan appellate panel on Sept. 22 reversed a lower court's grant of summary judgment to a man who owns and operates a haunted maze after finding that the court improperly rejected evidence that shows that a man who broke his leg in the maze was not warned about a dangerous and slippery area of the maze (Michael Davis, et al. v. Jeffrey Lenhart, No. 329092, Mich. App.; 2016 Mich. App. LEXIS 1776).

Michigan Appeals Court Affirms Summary Judgment In Premises Liability Suit
DETROIT - A Michigan panel on Sept. 13 affirmed summary judgment for a golf course after finding that there was no question that steps a man fell down and injured himself on were an open and obvious hazard (Steve Ayvazian v. Quest Golf Club, No. 327792, Mich. App.; 2016 Mich. App. LEXIS 1669).

California Appeals Panel: Driver's Employer Not Liable For Pedestrian's Injuries
SAN FRANCISCO - A California appellate panel on Sept. 16 reversed a trial court's denial of a motion for judgment notwithstanding the verdict filed by the Culinary Institute of America in a lawsuit brought by a person who was injured when he was struck by a car driven by a Culinary Institute chef instructor, finding that the instructor was not acting within the scope of his employment at the time of the accident (Leopoldo Jorge Jr. v. Culinary Institute of America., No. A143545, Calif. App., 1st Dist., Div. 2; 2016 Cal. App. LEXIS 771).

WWE Moves To Prevent Suits From 4 Former Professional Wrestlers
HARTFORD, Conn. - World Wrestling Entertainment Inc. (WWE) on Sept. 8 moved for judgment to stop former professional wrestlers Robert Windham, Thomas Billington, James Ware and Oreal Perras from filing suits claiming that WWE failed to warn them that brain injuries that can be sustained from wrestling because the claims would be time-barred (World Wrestling Entertainment Inc. v. Robert Windham, et al., No. 3:15-CV-00994, D. Conn.).

Former Wrestlers' Attorneys Oppose WWE's Motion For Sanctions
HARTFORD, Conn. - The attorneys for two former professional wrestlers on Sept. 19 told a federal judge in Connecticut that it would be improper to grant World Wrestling Entertainment Inc.'s (WWE) motion to impose sanctions on them in a consolidated concussion suit because the claims they brought on behalf of their clients are not frivolous and WWE's claims that the plaintiffs committed perjury are baseless (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 15-1074, D. Conn.).

Indiana Appellate Panel Affirms Exclusion Of Testimony From Medical Malpractice Expert
INDIANAPOLIS - An Indiana appellate panel on Sept. 20 affirmed a trial court's ruling that excluded an expert's testimony because the evidence about which he would have testified was not presented to a medical review panel before trial as required by law in medical malpractice suits in Indiana (Rita Horn, et al. v. Cesar Antonio Jara, M.D., et al., No. 64A03-1512-CT-2251, Ind. App.; 2016 Ind. App. Unpub. LEXIS 1075).