Subscribe: LexisNexis® Mealey's™ Personal Injury Legal News
http://feeds.feedburner.com/PersonalInjuryLegalNews
Added By: Feedage Forager Feedage Grade C rated
Language: English
Tags:
app lexis  app  appeals panel  appeals  aug  court  lexis  medical malpractice  medical  panel  suit  summary judgment  trial court 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Personal Injury Legal News

LexisNexis® Mealey's™ Personal Injury Legal News



Headline Personal Injury Legal News from LexisNexis®



 



Mississippi Supreme Court Affirms Dismissal Of Medical Malpractice Suit
JACKSON, Miss. - The Supreme Court of Mississippi on Sept. 7 affirmed a trial court's dismissal of a medical malpractice suit after finding that the trial court was right to dismiss the suit for failure to prosecute because a woman who claimed that she was injured during treatment did not "diligently" pursue her claims in the 11 years since she first filed the lawsuit (Shelia Regan v. South Central Regional Medical Center, No. 2016-CA-00696-SCT, Miss. Sup., 2017 Miss. LEXIS 369).



Kansas Supreme Court Orders New Medical Malpractice Trial Against 1 Doctor
TOPEKA, Kan. - The Kansas Supreme Court on Aug. 25 unanimously found that a trial court erred by granting judgment as matter of law to a doctor in a medical malpractice suit because a woman who claimed that she was not timely diagnosed with a cancerous lump in her breast presented evidence that the doctor breached a standard of care and ordered a new trial against the doctor (Staci Russell v. Lisa May M.D., et al., No.111,671, Kan. Sup., 2017 Kan. LEXIS 515).



West Virginia High Court Affirms Summary Judgment In Wrongful Death Suit
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Sept. 1 affirmed a defense verdict in a wrongful death suit after finding that the trial court did not err by prohibiting the plaintiff's attorneys from saying certain words during the trial (Lisa Brown v. Berkeley Family Medicine Associates Inc., et al., No. 16-0572, W.Va. Sup. App., 2017 W.Va. LEXIS 629).



Minnesota Jury Awards $20 Million to Widower In Medical Malpractice Suit
MINNEAPOLIS - A Minnesota state court jury on Aug. 28 awarded more than $20 million to the husband of a woman who died days after giving birth, finding that a nurse practitioner was negligent in caring for the woman and that negligence was the cause of her death (Edward Bermingham IV v. Patricia Eid N.P., et al., No. 27-CV-16-1269, Minn. 4th Jud. Dist. Hennepin Co.).



Tennessee Supreme Court Remands Wrongful Death Suit To Court Of Appeals
NASHVILLE, Tenn. - The Tennessee Supreme Court on Aug. 30 unanimously found that the state's Court of Appeals erred by throwing out a $750,000 verdict in a medical negligence suit because the widower of a woman who died days after an elective colon surgery had the right to file the initial complaint pro se (Linda Beard v. James William Branson, et al., No. M2014-01770-SC-R11-CV, Tenn. Sup., 2017 Tenn. LEXIS 540).



Missouri Appeals Panel Remands Medical Malpractice Suit For Evidentiary Hearing
KANSAS CITY, Mo. - A Missouri appeals panel on Aug. 29 found that a trial court erred in finding that the plaintiffs in a medical malpractice suit were not due relief because they had not conducted a thorough investigation of a juror's litigation history and remanded the suit to the trial court to determine if the juror intentionally omitted his litigation history during the voir dire process (Wanda L. King, et al. v. George B. Sorensen, et al., No. WD80196, Mo. App., Western Dist., 2017 Mo. App. LEXIS 844).



Judge Denies Motion To Compel Nonparty's Medical Records In Negligence Suit
PITTSBURGH - A federal judge in Pennsylvania on Aug. 28 denied a couple's motion to compel the medical records of a high-risk baby who was treated on the same day and at the same facility as their child who died because the parents of the deceased child failed to show how the production of those records would demonstrate whether the defendants met the required standard of care (Carissa Peronis, et al. v. United States of America, et al., No. 2:16-CV-1389, W.D. Pa.).



Washington Appeals Panel Affirms Defense Verdict In Birth Defect Suit
SPOKANE, Wash. - A Division I Washington Court of Appeals panel on Aug. 28 affirmed a defense verdict in a medical negligence suit after finding that a trial court did not err by allowing a midwife's expert to testify about the natural forces of labor (NFOL) theory (L.M., ex rel. William L.E. Dussault v. Laura Hamilton, et al., No. 76019-0-1, Wash. App., Div. 1., 2017 Wash. App. LEXIS 2041).



Texas Appeals Panel Remands Negligence Suit To Dismiss Promissory Estoppel Claim
FORT WORTH, Texas - A panel of the Second District Texas Court of Appeals on Aug. 31 found that a trial court erred in denying a dentist and his practice's motion to dismiss a health care liability suit because two women who claimed that they were injured by the dentist were required to attach an expert report with their promissory estoppel claim under the Texas Medical Liability Act (TMLA) (Drs. Calabria-Ellis P.C., et al. v. Amanda Ho, et al., No. 02-16-00424-CV, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 8366).



Tennessee Appeals Panel Affirms Dismissal Of Health Care Liability Suit
NASHVILLE, Tenn. - A Tennessee appeals panel on Aug. 18 affirmed a trial court's decision to dismiss a health care liability complaint because a man injured during back surgery failed to serve the defendants with a presuit notice as required by Tennessee law (Marvin D. Kinsey v. Jacob P. Schwartz, et al., No. M2016-02028-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 566).



Georgia Appeals Court Upholds Exclusion Of Injury Causation Testimony
ATLANTA - A woman cannot pursue negligence claims against a midwife alleging that she injured the woman's baby during labor and delivery because the mother failed to present admissible expert testimony on medical causation, a Georgia appeals court found Sept. 7 in affirming summary judgment for the midwife (T'Miaya Smith, et al. v. Lauren Braswell, et al., No. A17A1191, Ga. App., 3rd Div., 2017 Ga. App. LEXIS 402).



Couple Sues University Hospital Over Child's Birth Defects
BALTIMORE - A couple on Sept. 5 filed suit against a hospital in federal court in Maryland, claiming that the staff's negligence caused their child to be born with permanent birth defects (Crystal Helbig, et al. v. University of Maryland St. Joseph Medical Center Foundation, No. 1:17-cv-02528, D. Md.).



Couple Sues United States Over Failure To Diagnose Cancer
TAMPA, Fla. - A couple on Aug. 23 filed a medical malpractice suit against the United States in federal court in Florida, claiming that the doctors at a Veterans Affairs hospital failed to inform a man that he had a lesion on his kidney, which turned out to be cancerous (Edgard G. Colon, et al. v. United States, No. 8:17-CV-2015, M.D. Fla.).



Couple Sues United States Over Child's Birth Defects
MUSKOGEE, Okla. - A couple sued the United States and a hospital it funds in Oklahoma federal court on Sept. 1, saying the hospital was negligent and caused their child's birth defects (Shelby Wilkett Carshall, et al. v. United States of America, et al., No. 17-CV-329-SPS, E.D. Okla.).



Federal Judge Denies Motion For New Trial In Airplane Crash Suit
PHILADELPHIA - A federal judge in Pennsylvania on Sept. 5 affirmed a $2.7 million verdict after finding that the evidence presented by the widow of man who died in a plane crash supported the verdict against the engine maker and denied the engine maker's motion for a new trial (Elizabeth C. Snider, et al. v. Sterling Airways Inc., et al., No. 13-CV-2949, E.D. Pa., 2017 U.S. Dist. LEXIS 142799).



Colorado Supreme Court Denies Certiorari For Premises Liability Suit
DENVER - The Colorado Supreme Court on Aug. 21 declined to hear a case over whether a lower appellate court erred in granting summary judgment to a business owner in a premises liability suit because certain claims against the business owner were precluded by Colorado's Premises Liability Act (Faith Leah Tancrede v. Duane Freund, et al., 17SC313, Colo. Sup., 2017 Colo. LEXIS 745).



Jury Awards $148 Million To Woman Partially Paralyzed From Bus Shelter Collapse
CHICAGO - An Illinois state court jury on Aug. 24 awarded $148 million to a woman who was partially paralyzed after a bus shelter at O'Hare International Airport in Chicago collapsed on her because of the city's failure to maintain and repair the shelter (Tierney Darden v. Chicago, No. 2015 L 008311, Ill. Cir., Cook Co.).



Los Angeles Approves $6.5 Million Settlement In Dangerous Condition Suit
LOS ANGELES - The Los Angeles City Council on Sept. 6 unanimously voted to approve a $6.5 million settlement between the city and a man who rode a bike through a pothole, fell off his bike and injured himself, according to a press release from the plaintiffs' attorneys (Peter Godefroy, et al. v. City of Los Angeles, No. BC593101, Calif. Super., Los Angeles Co.).



Tennessee Appeals Majority Affirms Summary Judgment In Slip-And-Fall Suit
NASHVILLE, Tenn. - A Tennessee appeals panel majority on Aug. 29 affirmed summary judgment for the companies that own and manage a sports arena in a premises liability suit after finding that a woman who injured herself after slipping in a puddle during a concert at the arena did not present enough evidence to show that the defendants had constructive notice of the hazard (Wanda Katz v. The Sports Authority of the Metropolitan Government of Nashville and Davidson County, et al., No. M2016-01874-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 583).



Illinois Appeals Panel Affirms Defense Verdict In Premises Liability Suit
CHICAGO - In an unpublished opinion, an Illinois appellate panel on Sept. 5 affirmed a defense verdict in a premises liability suit after finding that a woman who injured herself on a pull-up bar in a friend's home was not prejudiced by allowing the jury to hear certain deposition testimony from her physician and that the trial court did not err by using a premises liability instruction rather than a general negligence instruction (Amy Zehnder v. Jay M. Dutton, No. 1-16-2668, Ill. App., 1st Dist., 1st Div., 2017 Ill. App. Unpub. LEXIS 1788).



Summary Judgment For Homeowner Reversed In Premises Liability Suit
WARREN, Ohio - A majority of an 11th District Ohio Court of Appeals panel on Aug. 28 ruled that a trial court erred in granting a woman summary judgment in a premises liability suit after finding that she did not warn her daughter about the dangers of a faulty step on which the daughter snapped her ankle (Susan E. Gaffney, et al. v. Linda D. Soukup, No. 2016-G-0104, Ohio App., 11th Dist., 2017 Ohio App. LEXIS 3673).



Texas Appeals Panel Reverses Summary Judgment In Slip-And-Fall Suit
DALLAS - An appellate panel in Texas on Aug. 21 found that a trial court erred in granting summary judgment to a grocery store in a slip-and-fall lawsuit because there was evidence that an employee who slipped on water told a supervisor about the hazard and that the supervisor told another employee to clean the water up (Carmen Velasquez v. Fiesta Mart Inc., No. 05-16-00813-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 7956).



Texas Appeals Panel Affirms Summary Judgment In Car Crash Suit
CORPUS CHRISTI, Texas - A Texas appellate panel on Aug. 31 affirmed summary judgment for a paving company after finding that a woman who was hit by a trucker did not show how the paving company was responsible for the trucker since he was not directly employed by the company (Nicolette Elvir v. Brazos Paving Inc., No. 13-16-00546-CV, Texas App., 13th Dist., 2017 Tex. App. LEXIS 8348).



Man Injured In Philadelphia Train Crash Sues Transportation Authority
PHILADELPHIA - A man injured in a train crash in Philadelphia filed suit against a regional transportation authority on Aug. 23 in Pennsylvania state court, claiming that it was negligent and failed to properly inspect the trains for defects (Derrell Robbson v. South Eastern Pennsylvania Transportation Authority, No. N/A, Pa. Comm. Pls., Philadelphia Co.).



9th Circuit Affirms Verdict For Injured, Splits On Allowance Of Expert's Opinions
SEATTLE - A divided Ninth Circuit U.S. Court of Appeals panel on Aug. 31 upheld a $3.5 million verdict for a longshoreman who was injured while working on a ship, with the dissenting judge taking issue with the majority over the admittance of expert testimony on whether low-level shocks can cause certain injuries (Roger Murray, et al. v. Southern Route Maritime SA, et al., No. 14-36056, 9th Cir., 2017 U.S. App. LEXIS 16760).



Expert's Life Care Plan For Injured Worker Admitted By Federal Judge
HUNTINGTON, W.Va. - A federal judge in West Virginia on Aug. 22 declined to exclude expert testimony and a life care plan for a man seeking damages for injuries he suffered in a work site accident after finding that the expert properly relied on medical reports to create the life plan (Richard Edwards, Jr. v. McElliotts Trucking, LLC, et al., No. 3:16-cv-1879, S.D. W.Va., 2017 U.S. Dist. LEXIS 133803).



Treating Physicians Allowed To Give Causation Opinions In Work-Related Injury Case
OMAHA, Neb. - Treating physicians for a man injured while working for a railroad company can offer expert opinions about the cause of the injury because their methods were sufficiently reliable, even though they did not reconstruct the accident, a Nebraska federal judge held Aug. 25 (Steven C. Logsdon vs. BNSF Railway Company, No. 8:15-cv-232, D. Neb., 2017 U.S. Dist. LEXIS 136770).



Jury Awards $10.8 Million To Man Who Was Run Over By A Forklift
LOS ANGELES - A California jury on Aug. 24 awarded $10.8 million to a man who suffered multiple broken bones after being run over by a forklift that was driven by a Los Angeles County employee (James Cobb v. County of Los Angeles, No. BC582690, Calif. Super., Los Angeles Co.).



Judge Finds Fault With Life-Care Planner's Methods In Injured Hunter's Suit
EAST ST. LOUIS, Ill. - An Illinois federal judge on Sept. 5 disallowed testimony by a life-care-planning expert for a man injured in a deer-hunting accident after finding that the expert's opinions are not reliable or based on proper methodology; the judge then excluded testimony by the injured man's expert forensic economist because her opinions were based on the life care expert's now-excluded report (Jordan Queen v. W.I.C., Inc. d/b/a Sniper Treestands, No. 14-cv-519, S.D. Ill., 2017 U.S. Dist. LEXIS 143087).



Class Complaint Alleges Injuries From Amazon's Faulty Eclipse Glasses
CHARLESTON, S.C. - Consumers who purchased glasses for viewing the Aug. 21 solar eclipse from Amazon.com Inc. purchased a product that Amazon knew or should have known was defective and would cause various eye injuries, two South Carolina residents allege in their Aug. 29 class complaint filed in the U.S. District Court for the District of South Carolina (Thomas Corey Payne, et al. v. Amazon.com, Inc., No. 17-2313, D. S.C.).



Woman Files Suit Against Dole After Contracting Listeria From Packaged Salad
INDIANAPOLIS - A woman who was diagnosed with Listeria meningitis after eating a prepackaged salad made and sold by Dole Food Co. filed suit Aug. 25 in a federal court in Indiana, claiming that she contracted L. monocytogenes from eating one of the salads it sold (Barbra Mary Jennhatton v. Dole Food Co., Inc., et al., No. 1:17-cv-2942, S.D. Ind.).



California State Jury Awards $417 Million In Talcum Powder Suit
LOS ANGELES- A California jury on Aug. 21 awarded a woman who said Johnson & Johnson's talcum powder caused her ovarian cancer a total of $417 million in damages (Eva Echeverria v. Johnson & Johnson, No. JCCP4872, Calif. Super. Los Angeles Co.).



Expert's Alternative Design Opinion Rejected; Ford Wins Summary Judgment
NEW ORLEANS - A federal judge in Louisiana on Aug. 7 found that the plaintiffs' expert's opinion that a modified vehicle would not have rolled over in an accident is unreliable, granting judgment to Ford Motor Co. in a design defect case (Kaylee Eveler, et al. v. Ford Motor Co., No. 16-14776, E.D. La., 2017 U.S. Dist. LEXIS 124084).



Federal Magistrate Judge Remands Talcum Powder Suit To Missouri State Court
ST. LOUIS - A federal magistrate judge in Missouri on Aug. 10 ordered that a product liability case against Johnson & Johnson and the company that mines talc for it be remanded to state court because the defendants waited too long to remove the case and were not subject to the exception allowing an extension to remove a case to federal court (Raymond Schmitz v. Johnson & Johnson, et al., No. 4:17-CV-1860, E.D. Mo., 2017 U.S. Dist. LEXIS 126918).



Georgia Panel Affirms Dismissal Of Wrongful Death Claims Against Hospital
ATLANTA - A Georgia appellate panel on Aug. 16 affirmed the dismissal of wrongful death and loss of consortium claims in a renewed medical malpractice suit because the original suit was not properly served and the statute of limitations had expired on the renewed claims (Faleshia Lathan v. Hospital Authority of Charlton County, No. A17A1524, Ga. App., 1st Div., 2017 Ga. App. LEXIS 386).



Medical Malpractice Suit Against Doctor To Continue, Texas Appeals Panel Rules
BEAUMONT, Texas - A Texas appellate panel majority on Aug. 17 found that a trial court did not err in denying a doctor's motion to dismiss a wrongful death and medical malpractice suit against him because both of the plaintiffs' experts are qualified to opine on the connection between an alleged breach of care and a patient's death (Coye Q. McMillian v. Joe Harris, No. 09-17-00086-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 7843).



Texas Appeals Panel Affirms Summary Judgment In Dental Malpractice Suit
HOUSTON - A First District Texas Court of Appeals panel on Aug. 8 affirmed a trial court's order granting summary judgment to a dentist and his practice in a dental malpractice suit after finding that the claims were health care liability claims and subject to a two-year-statute of limitations (Lover Compton v. Lance Jue D.D.S, et al., No. 01-16-00412-CV, Texas App., 1st Dist.).



Texas Appeals Panel Upholds Health Care Liability Claims Against Surgeon
HOUSTON - A Texas appellate panel on Aug. 15 upheld a lower court's decision to deny a surgeon's motion to dismiss a health care liability suit because the plaintiff's expert showed in his affidavit that there was a standard of care and that standard was breached (Marston Holt, M.D. v. Kirby Holt, No. 01-17-00008-CV, Texas App., 1st Dist., 2017 Tex. App. LEXIS 7732).



Florida Jury Finds For Doctor In Medical Malpractice Suit
WEST PALM BEACH, Fla. - A jury in Florida found that a doctor was not negligent for failing to diagnose an obstruction found during a colonoscopy that was later found to be a tumor indicating colon cancer (Zaven Kazandijan, et al. v. David Vastola, No. 2015CA005637, Fla. 15th Jud. Cir., Palm Beach Co.).



Judge Axes Expert's Late Report, Dismisses Negligence Claims Against Doctor
ALBUQUERQUE, N.M. - A New Mexico federal judge on Aug. 8 awarded summary judgment to a doctor and his employer on an estate's wrongful death claims after excluding a late-filed expert report as untimely and, therefore, prejudicial (John Faure v. Community Health Systems Professional Services Corporation, et al., No. 1:14-cv-559, D. N.M., 2017 U.S. Dist. LEXIS 125558).



New York Appeals Court Affirms Medical Malpractice Suit Time-Barred By State Law
BROOKLYN, N.Y. - A New York appeals court on Aug. 2 affirmed that where a plaintiff claimed that a decedent fell out of bed due to the failure of the defendant hospital's staff to follow a physician's order to restrain her, the action sounded in medical malpractice such that the 2-1/2-half year statute of limitations applied under New York law (Estate of Ruby Bell v. WSNCHS North, Inc., No. 601781/13, 2017 N.Y. App. Div. LEXIS 5879).



Georgia Appeals Panel Reverses Summary Judgment In Medical Malpractice Suit
ATLANTA - A Georgia Court of Appeals panel on Aug. 14 found that a vicarious liability claim against a medical practice in a suit in which family members alleged negligent care led to a woman's death was not added to the suit after the two-year statute of limitations expired because it was not a new claim, but was clarified in the plaintiffs' amended complaint (Heather Oller, et al. v. Rockdale Hospital LLC, et al., No. A17A1208, Ga. App., 2017 Ga. App. LEXIS 383).



Standard-Of-Care Opinions Allowed In Suit Over Veteran's Suicide
KANSAS CITY, Kan. - Three expert witnesses for the father of a veteran who killed himself after being discharged from a government hospital can testify that the suicide was caused by the U.S. Department of Veterans Affairs' failure to follow its guidelines and standard of care, a Kansas federal judge ruled Aug. 15 in deeming the experts' opinions reliable (Donald Draughon v. United States of America, No. 14-2264, D. Kan., 2017 U.S. Dist. LEXIS 129259).



Parents Sue United States, University Hospital Over Birth Defect
PHILADELPHIA - A couple whose son was born with a permanent shoulder injury on Aug. 10 filed suit against the United States and Temple University hospitals for not warning them about the dangers of giving birth (Aurieluis Mercado, et al., v. The United States, et al., No. 2:17-cv-03603, E.D. Pa.).



Texas Appeals Panel Finds City Is Immune From Premises Liability Suit
DALLAS - A Fifth District Texas Court of Appeals panel on Aug. 15 affirmed the dismissal of a premises liability suit against a city after finding that it was immune from suit under state law (Louis Morgan v. The City of Terrell, No. 05-16-00554-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 7736).



Appeals Panel Reverses Summary Judgment For Casino In Slip-And-Fall Suit
JACKSON, Miss. - A Mississippi Court of Appeals panel on Aug. 8 reversed a summary judgment ruling for a casino in a slip-and-fall suit after finding that the plaintiff showed a genuine issue of fact over whether a puddle his wife slipped in was created by condensation from a vent on the ceiling (Peter J. Patricola v. Imperial Palace Of Mississippi LLC., No. 2016-CA-01043, Miss. App., 2017 Miss. App. LEXIS 442).



Federal Magistrate Judge: Expert's Opinion On Bath Mat's Suitability Is Reliable
KNOXVILLE, Tenn. - A mathematician can provide expert testimony regarding the suitability of a bath mat that allegedly caused a woman to slip and fall after coming out of a shower stall in a condominium, a federal magistrate judge in Tennessee ruled Aug. 11, holding that the expert was qualified and that the methodology underlying his opinion is reliable (Phyllis G. Barnes, et al. v. Greg Malinak, et al., No. 15-cv-556-PLR-HBG, E.D. Tenn., 2017 U.S. Dist. LEXIS 127600).



Myrtle Beach Ordered To Pay $300,000 To Senior Who Tripped On Rug
CONWAY, S.C. - A South Carolina woman in her 60s who tripped on a rug while volunteering at a senior citizen bingo event at a city-owned South Carolina recreation center was awarded $300,000, MrytleBeachonline reported July 19 (Callie Barras v. City of Myrtle Beach, No. 2016CP2600135, S.C. Cir., Horry Co.).



Appeals Panel Reverses Summary Judgment To Restaurant In Slip-And-Fall Suit
KNOXVILLE, Tenn. - An appeals panel in Tennessee on Aug. 18 found that a restaurant did have superior, actual or constructive knowledge of a puddle formed by a melting bag of ice and reversed a trial court's order granting summary judgment to the restaurant and remanded the suit for further proceedings (Holly Rader v. Ruby Tuesday, Inc., No. E2016-01677-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 565).



Parties Were Properly Aligned In Coverage Dispute, 6th Circuit Affirms
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 15 affirmed a lower federal court's finding that parties were properly aligned in a dispute over whether additional coverage is owed to satisfy an underlying $3,736,278 judgment against an insured for breaching its duty to exercise ordinary care to maintain its common areas, affirming the lower court's reinstatement of its judgment in favor of the insurer (Evanston Insurance Co. v. Housing Authority of Somerset, et al., No. 16-6691, 6th Cir., 2017 U.S. App. LEXIS 15199).



Tennessee Appeals Panel Affirms Summary Judgment In Premises Liability Suit
JACKSON, Tenn. - A Tennessee Court of Appeals panel on Aug. 15 found that there was not enough evidence to show that a hospital had constructive knowledge of a defective sliding door, affirming summary judgment for the hospital in a premises liability suit (Sue Ann Templeton v. Jackson-Madison County General Hospital District, No. W2016-02419-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 559).



Judge Bars Wal-Mart's Use Of Discovery Obtained From Deposition Of Physician
TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's counsel for conducting the deposition (Patricia Hone v. Wal-Mart, Inc., No. 14-1006, D. N.J., 2017 U.S. Dist. LEXIS 124736).



Woman Sues City, Lot Owners After Injury From Fall On Sidewalk
LOS ANGELES - A woman filed suit in California state court on Aug. 18 against a city government and the private owners of a lot claiming that she was injured by tripping over a raised portion of a sidewalk belonging to the city and that the city and the owners of a lot near the alleged hazardous sidewalk failed to maintain the sidewalk and failed to warn her about the hazard (Joanne Feuer v. City of Lakewood, et al., No. BC672869, Calif. Super., Los Angeles Co.).



Judge Grants, Denies Motion For Attorney Fees In NHL Concussion MDL
MINNEAPOLIS - The federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on July 31 granted in part and denied in part the Boston University Chronic Traumatic (CTE) Center motion for attorney fees following a legal battle over whether the center should be compelled to give the NHL documents on its research in discovery (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Woman Sues Costco After Allegedly Contracting E. Coli From Chicken Salad
SALT LAKE CITY - A woman sued Costco Wholesale Corp. in federal court in Utah on Aug. 8, claiming that she contracted E. coli from a chicken salad she bought at the store (Chloe Rodgerson v. Costco Wholesale Corporation, No. 2:17-cv-00897, D. Utah).



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.).