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

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Alaska Federal Judge Awards $22 Million In Medical Negligence Suit
ANCHORAGE, Alaska - A federal judge in Alaska on Oct. 27 found that hospital funded by the U.S. government was negligent in releasing a patient after taking her off of antibiotic treatment for a heart condition, which caused her to have a paralyzing stroke, and awarded her mother $22 million in damages (Phyllis Aguchak v. United States of America, No. 3:15-cv-00105, D. Alaska).



4th Circuit Panel Affirms $2.75 Million Verdict In Medical Malpractice Suit
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Oct. 25 affirmed a $2.75 million verdict in a medical malpractice suit against a doctor and the practice he worked for because the defendants were not prejudiced by the jurors seeing negative news reports about the defendants (Karen Taylor Bagheri v. Dwight L. Bailey M.D., et al., No. 16-1712, 4th Cir., 2017 U.S. App. LEXIS 21113).



Texas Appeals Panel Affirms Dismissal Of Health Care Liability Suit
HOUSTON - A panel of the 14th District of the Texas Court of Appeals on Oct. 31 affirmed a decision to dismiss a negligence suit against a rehabilitation center because the plaintiff did not show that her claim was not based in health care liability and failed to provide an expert report (Myrtis Alexander v. Colonnades Health Care Center LTD, No. 14-16-00500-CV, Texas App. 14th Dist., 2017 Tex. App. LEXIS 10167).



Arizona Supreme Court Upholds Defense Verdict In Medical Malpractice Suit
PHOENIX - The Arizona Supreme Court on Oct. 23 unanimously found that a trial court did not err in denying a woman's motion for a new trial in a medical malpractice suit after finding that she was not prejudiced by a chiropractor's experts having transcripts of her expert's testimony (Emma Spring v. Timothy R. Bradford D.C., No. CV-17-0068-PR, Ariz. Sup., 2017 Ariz. LEXIS 313).



Woman Who Fell In Hospital Files Suit In Federal Court
AUSTIN, Texas - A woman who went to the hospital with flu symptoms but left with a brain injury filed suit against the hospital in Texas federal court on Oct. 31, claiming that the hospital was negligent in leaving her unsupervised even though it knew she was at risk of falling (Ollie Jo Edmondson v. Cedar Park Health System, No. 1:17-cv-1030, W.D. Texas).



Appeals Panel Partially Reverses Summary Judgment In Medical Malpractice Suit
ATLANTA - A panel of the Fifth Division of the Georgia Court of Appeals on Oct. 26 affirmed summary judgment for a hospital in a medical malpractice suit but reversed summary judgment granted to doctors in an emergency room and a radiologist after finding that they were not protected by an exception to Georgia law (Gwendolyn Kidney, et al. v. Eastside Medical Center, et al., No. A17A0806, Ga. App. 5th Div., 2017 Ga. App. LEXIS 504).



Michigan Appeals Panel Reverses Summary Disposition In Medical Malpractice Suit
GRAND RAPIDS, Mich. - A panel of the Michigan Court of Appeals on Oct. 24 reversed a trial court's decision to grant a summary disposition to a doctor and his practice after finding that the trial court erred in not allowing the plaintiffs to amend their complaint, which would have fixed a deficient notice of intent (NOI) to file claims (Drago Kostadinovski, et al. v. Steven D. Harrington, M.D., et al., No. 333034, Mich. App., 2017 Mich. App. LEXIS 1724).



Pennsylvania Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
HARRISBURG, Pa. - In an unpublished opinion issued Oct. 26, a panel of the Pennsylvania Superior Court affirmed a jury verdict in a medical malpractice suit after finding that the trial court did not err in allowing the jury to hear the defendant's testimony regarding the improper standard of care in a medical malpractice suit (Barbara A. Davis v. Yury L. Bykov, et al., No. 1194 EDA 2017, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 3995).



Pennsylvania Panel: Nursing Home Must Face Negligence, Vicarious Liability Claims
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on Sept. 28 reinstated corporate negligence and vicarious liability claims against a nursing home accused of rendering care that resulted in a resident developing severe pressure ulcers, finding that the plaintiff presented sufficient evidence to proceed (Roberta Breslin v. Mountain View Nursing Home, Inc., No. 1961 MDA 2016, Pa. Super., 2017 Pa. Super. LEXIS 752).



Washington Appeals Panel Affirms Summary Judgment In Medical Negligence Suit
SPOKANE, Wash. - In an unpublished opinion issued Oct. 30, a Washington appellate panel upheld summary judgment in favor of a doctor, his practice and a hospital after finding that a man who claimed that he was injured during a surgery did not present enough evidence from a medical expert to support his claims (David Maytash, et al. v. Daniel J. Garnett, M.D., et al., No. 75434-3-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 2469).



5th Circuit Panel Affirms Dismissal Of Medical Malpractice Suit
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Oct. 24 affirmed a trial court's decision to grant a motion to dismiss to a hospital after finding that the husband of a woman who claimed that a piece of plastic was left inside of her during a surgery failed to state a claim (Charlie Wilson v. Dallas County Hospital, No. 17-10139, 5th Cir., 2017 U.S. App. LEXIS 20986).



West Virginia High Court Answers Certified Questions In Premises Liability Suit
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Nov. 1 unanimously held that a trial court was right to deny a motion to amend a complaint in a premises liability suit because a man who was assaulted at a county fair could not prove that there was a joint venture between the company that put on the fair and the county's commission and answered three certified questions over the issue in the negative (Larry D. Pyles Jr., et al. v. Mason County Fair Inc., et al., No. 17-0300, W.Va. Sup. App., 2017 W.Va. LEXIS 860).



Michigan Appeals Panel Affirms Summary Disposition In Premises Liability Suit
GRAND RAPIDS, Mich. - In an unpublished opinion issued Oct. 31, a panel of the Michigan Court of Appeals affirmed a trial court's decision to grant summary disposition to an apartment complex and its holding company in a premises liability suit but remanded the suit to determine if the plaintiff should be allowed to amend her complaint (Kristen Stone v. Boulder Creek Apartments LLC, et al., No. 333355, Mich. App., 2017 Mich. App. LEXIS 1753).



California Appellate Court Affirms Defense Verdict In Cut Pinky Lawsuit
LOS ANGELES - In an unpublished opinion issued Oct. 31, a California appellate panel affirmed a defense verdict in favor of Target Corp. in a premises liability suit because the woman who cut herself on a price sign failed to file the complete record with her appeal (Mahnaz Sadanian v. Target Corporation, No. B268653, Calif. App., 2nd Dist., Div. 8, 2017 Cal. App. Unpub. LEXIS 7467).



Texas Appeals Panel Affirms Summary Judgment In Dog Bite Suit
HOUSTON - A panel of the 14th District of the Texas Court of Appeals on Oct. 24 affirmed a trial court's decision to grant summary judgment to dog owners in a dog bite suit after finding that the man who was bitten by a dog did not provide evidence showing that the dog was dangerous or that its owners did not properly handle it (Pablo Castrejon v. Andrew Horton, et al., No. 14-16-00520-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 9920).



Injured Teen Wins Split Ruling In Case Against Deputy, County
SHERMAN, Texas - Two out of four police officers in an excessive force action cannot testify as experts because they are not qualified to offer opinions on the use of force when deploying a police dog, a Texas federal judge ruled Oct. 27 while allowing one of the officers to testify as an expert but reserving a decision on whether the arresting officer can offer expert opinions on the reasonableness of his own actions (Guillermo Murillo Molina v. Collin County, Texas, et al., No. 4:17-cv-00017, E.D. Texas, 2017 U.S. Dist. LEXIS 178579).



Florida Jury Awards $45 Million To Parents In Construction Site Accident
FORT LAUDERDALE, Fla. - A Florida jury on Oct. 25 found that a construction company's negligence led to a man's death and awarded his parents $45 million in total damages (Jennifer A. Astaphan v. Ranger Construction Industries, et al., No. CACE-15-012992, Fla. 17th Jud. Cir., Broward Co.)



Nevada Supreme Court Vacates $54,000 Verdict In Sports Injury Suit
CARSON CITY, Nev. - The Nevada Supreme Court on Oct. 26 reversed a verdict in favor of a man who was injured while playing floor hockey while he was in middle school because the jury could not conclude that the school district's conduct was the proximate cause of his injury (Clark County School District v. Makani Kai Payo, No. 68443, Nev. Sup., 2017 Nev. LEXIS 108).



Gun Importer's Counterclaim In Misfiring Class Suit Survives Dismissal Motion
MIAMI - A Florida federal magistrate judge on Oct. 25 declined to dismiss a counterclaim filed by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire, finding that the defendant has met its requirement of showing that the lead named plaintiff may be liable for contributory fault in the misfiring of her gun (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 176718).



Some Expert Opinions Permitted In Row Over Worker's Fall From Scaffold
KANSAS CITY, Kan. - A Kansas federal judge on Oct. 30 excluded four of seven opinions of an expert in a personal injury action over a contractor's fall from a scaffold, finding that the excluded opinions are based on inadequate evidence or would not be helpful to the trier of fact (Harold T. Fortner v. Jack G. Hansen, No. 16-2672, D. Kan., 2017 U.S. Dist. LEXIS 179163).



General Motors Settles With States For $120 Million Over Ignition Switch Defect
Attorneys general across the country on Oct. 19 settled for a total of $120 million against General Motors over ignition switch defects that led to 124 deaths and 266 injuries nationwide, according to press releases put out by different state attorneys general.



California State Judge Vacates $417 Million Verdict In Talcum Powder Suit
LOS ANGELES - A California state court judge on Oct. 20 vacated a $417 million verdict in a product defect suit after finding that the verdict against Johnson & Johnson over its talcum powder was excessive and that the evidence did not show that it was the company's fault that the plaintiff developed ovarian cancer (Eva Echeverria v. Johnson & Johnson, et al., No. JCCP4872, Calif. Super., Los Angeles Co.).



Missouri Appeals Panel Vacates $72 Million Verdict Against Johnson & Johnson
ST. LOUIS - A panel of the Third Division of the Eastern District Missouri Court of Appeals on Oct. 17 vacated a $72 million verdict in favor of the estate of a woman who died from ovarian cancer caused by years of using talcum powder made by Johnson & Johnson because the trial court lacked personal jurisdiction (Estate of Jacqueline Fox v. Johnson & Johnson, et al., No. ED104580, Mo. App., Eastern Dist., 3rd Div., 2017 Mo. App. LEXIS 1043).



Iowa Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
DES MOINES, Iowa - A panel of the Iowa Court of Appeals on Oct. 11 affirmed a defense verdict in a medical malpractice suit after finding that a trial court was right to find that testimony the plaintiff's expert gave was cumulative (V.P., a minor, by Dhiren Patel and Shital Patel, his parents and next friends, v. Dr. Gregg Calderwood, et al., No. 16-1148, Iowa App., 2017 Iowa App. LEXIS 1035).



Missouri Appeals Panel Vacates Defense Verdict In Medical Malpractice Suit
ST. LOUIS - A Missouri appellate panel on Oct. 17 vacated a verdict in favor of a doctor in a medical malpractice suit and ordered a new trial after finding that the trial court erred in allowing "unfairly cumulative and prejudicial repetition of certain expert opinions" (Heather L. Shallow, et al. v. Richard O. Follwell D.O., et al., No. ED103811, Mo. App., Eastern Dist., Div. 4, 2017 Mo. App. LEXIS 1053).



Kentucky Appellate Majority Affirms Summary Judgment In Medical Malpractice Suit
FRANKFORT, Ky. - A majority of a panel of the Kentucky Court of Appeals on Oct. 13 affirmed a trial court's decision to grant summary judgment to a hospital after finding that a woman's negligence suit was based on medical malpractice and therefore required expert testimony over what options the hospital had to prevent a man from falling out of his hospital bed (Kathleen Chamis v. Ashland Hospital Corporation, No. 2015-CA-001071-MR, Ky. App., 2017 Ky. App. LEXIS 613).



Kentucky Panel Upholds Exclusion Of Expert Testimony In Suit Against Nursing Home
FRANKFORT, Ky. - The Kentucky Court of Appeals on Oct. 13 shot down all of an estate's challenges to a jury's verdict in favor of a nursing home on the estate's wrongful death claims, including the estate's argument that the trial court abused its discretion by limiting testimony from the estate's expert witness (Jerry Stamper v. Berea Area Development, LLC, d/b/a The Terrace Nursing and Rehabilitation Facility, No. 2014-CA-000690-MR, Ky. App., 2017 Ky. App. Unpub. LEXIS 764).



Pennsylvania Jury Awards $15.5M To Couple After Accident With Drunken Driver
PHILADELPHIA - A jury in Pennsylvania state court on Oct. 17 awarded a couple $15.5 million against a man who was negligent by driving a truck under the influence of alcohol and against the company he contracted for after finding that it was negligent for contracting with the driver (Isaac Espinoza, et al. v. J.B. Hunt Transport Inc., et al. No. 2656, Pa. Comm. Pls., Philadelphia Co.).



Tennessee Appeals Panel Affirms Summary Judgment In Dog Bite Lawsuit
JACKSON, Tenn. - A panel of the Tennessee Court of Appeals on Oct. 19 affirmed summary judgment in favor of a couple who owned a dog after finding that the parents of a boy who was bitten by the dog did not show that the dog owners should have known about their dog's vicious propensities (Corey M. Searcy, et al. v. Walter Axley, et al., No. W2017-00374-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 699).



Premises Liability Federal Claim Against School Board In Premises Liability Suit Dismissed
HUNTSVILLE, Ala. - A federal judge in Alabama on Oct. 10 dismissed a federal claim against a school board in a premises liability suit after finding that a student athlete who was assaulted by an adult was not under the protection of a school board because the assault occurred during a voluntary practice and remanded the remaining claims in a premises liability suit to Alabama state court (Rosella Jones v. Cherokee County Board of Education, et al., No. 4:17-CV-1208, N.D. Ala., 2017 U.S. Dist. LEXIS 166781).



Washington Appeals Panel Affirms Judgment In Premises Liability Suit
SEATTLE - A panel of the Division I Washington Court of Appeals on Oct. 16 affirmed a trial court's decision to grant a city's motion for summary judgment in a premises liability suit after finding that a man who sprained his ankle walking in a lake did not show that a city knew about the hazard on which the man injured himself (Gregory Corwin v. The City of Kent, No. 75659-1-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 2393).



Appeals Panel Upholds Order Denying Summary Judgment In Premises Liability Suit
HARRISBURG, Pa. - In an unpublished opinion issued Oct. 10, a panel of the Pennsylvania Superior Court affirmed a decision to deny summary judgment to a company that owns an apartment complex after finding that a woman who injured herself after falling down a set of stairs raised genuine issues as to whether the owner had a duty to warn and protect her from the danger (Berwind Row LLC v. Tina M. Teeter, No. 1706 WDA 2016, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 3736).



Georgia Appeals Panel Orders Summary Judgment In Premises Liability Suit
ATLANTA - The Fourth Division Georgia Court of Appeals on Oct. 17 found that a trial court erred in denying a motion for summary judgment in a premises liability suit because a gap between rails on a second-floor apartment was an open and obvious danger (Robert Simmons v. Devin Prince, et al., No. A17A0899, Ga. App., 4th Div., 2017 Ga. App. LEXIS 464).



Georgia Appeals Panel Reverses Summary Judgment In Premises Liability Suit
ATLANTA - A panel of the Fifth Division Georgia Court of Appeals on Oct. 17 reversed a trial court's decision to grant summary judgment to a church after finding that there is a genuine issue of material fact about the church's knowledge of a hazard on which a woman injured herself (Emma Stewart v. Emanuel Brown, No. A17A1142, Ga. App., 5th Div., 2017 Ga. App. LEXIS 463).



8 Injured In Charlottesville Protest Sue Right-Wing Groups
CHARLOTTESVILLE, Va. - Eight people who were injured in Charlottesville during a "Unite the Right" rally planned on Aug. 12 to protest the removal of the statute of Confederate Gen. Robert E. Lee filed suit in federal court in Virginia on Oct. 12 against white supremacy groups and their leaders, claiming that they came to Charlottesville to promote and engage in violence and that the plaintiffs were injured during the protests (Elizabeth Sines, et al. v. Jason Kessler, et al., No. 3:17-cv-00072, W.D. Va.).



Woman Injured In Las Vegas Shooting Sues Concert Promoter, Hotel
LAS VEGAS - A woman who was shot in Las Vegas during the Route 91 Harvest Festival filed suit in Nevada state court on Oct. 10 against the shooter's estate, the hotel he stayed at, the company that made the bump stock and the company that promoted the festival, saying each defendant had a duty to protect her (Paige Gasper v. MGM Resorts International, et al., No. A-17-762858-C, Nev. Dist., Clark Co.).



Survivors Of Las Vegas Shooting File Class Suit Against Shooter's Estate, Hotel
LOS ANGELES - Ten survivors of the mass shooting during a country music concert filed a putative class suit on Oct. 17 against the shooter's estate, the hotel the shooter stayed in and the company that managed and promoted the festival (Michelle Spencer, et al. v. Stephen Paddock, et al., No. BC680065, Calif. Super., Los Angeles Co.).



Wisconsin Appeals Panel Orders Summary Judgment For City In Wrongful Death Suit
WAUSAU, Wis. - A panel of the Second District Wisconsin Court of Appeals on Oct. 4 found that a trial court erred in denying a city and its recreation department's motion for summary judgment because both entities are immune under Wisconsin law from a suit where parents allege that the camp's negligence caused their daughter's death in a swimming pool (Michael Engelhardt, et al. v. City of New Berlin, et al., No. 2016AP801, Wis. App., Dist. 2, 2017 Wisc. App. LEXIS 777).



Tennessee Appeals Panel Affirms Dismissal Of Spilled Coffee Suit
KNOXVILLE, Tenn. - A Tennessee Court of Appeals panel on Sept. 28 found that a trial court did not err in dismissing a suit in which the executor of a man's estate claimed that the staff of a hospital was negligent in giving the man coffee which he later spilled on himself because the executor's claims were based in health care liability and required an expert report (Nancy Youngblood v. River Park Hospital LLC, No. M2016-02311-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 647).



High Court Will Not Review Suit Alleging Fraudulent Concealment Of Bedsores
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for a writ of certiorari, refusing to review a Maryland appeals court's ruling that a daughter cannot maintain a claim of fraudulent concealment against a hospital that cared for her mother and allegedly concealed the existence of her mother's bedsores because the daughter failed to prove that the mother's health care providers owed her any duty of care (Celeste Puppolo, personal representative of the estate of Nancy V. Puppolo v. Holy Cross Hospital of Silver Spring Inc., No. 16-1410, U.S. Sup., 2017 U.S. LEXIS 4788).



Illinois Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
ELGIN, Ill. - A panel of the Second District Illinois Appellate Court on Oct. 4 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing two expert witnesses to testify and that there was not any improper contact between a hospital's attorneys and one of its former employees (Judith Caldwell v. Advocate Condell Medical Center, No. 2-16-0456, Ill. App., 2nd Dist., 2017 Ill. App. LEXIS 638).



$1.2M Award For Nursing Home Abuse Was Not Excessive, 10th Circuit Panel Determines
DENVER - A district court did not err in refusing to reduce a $1.2 million compensatory damage award to comply with Oklahoma's statutory cap of $350,000 because there is substantial evidence in the record to support the compensatory damage award in favor of the plaintiffs whose mother was abused while a patient in a nursing home and because the defendant failed to raise the statutory cap as an affirmative defense, the 10th Circuit U.S. Court of Appeals said Sept. 28 (Doris Racher, et al. v. Westlake Nursing Home Limited Partnership, et al., No. 16-6011, 10th Cir., 2017 U.S. App. LEXIS 18725).



Louisiana Panel: Strike By Nursing Assistant Qualifies As Medical Malpractice
SHREVEPORT, La. - A nursing home resident who was struck by a certified nursing assistant when he fought her attempts to change his diaper has shown that the action qualified as medical malpractice under the Louisiana Medical Malpractice Act (LMMA) and is subject to review by the medical review panel, a Louisiana appellate panel ruled Sept. 27, reversing a trial court's judgment that sustained the exception of prescription in favor of the nursing home and dismissed all claims (John Mack Evans, Sr. v. Heritage Manor Stratmore Nursing & Rehabilitation Center, L.L.C., et al., No. 51, 651-CA, La. App., 2nd Cir., 2017 La. App. LEXIS 1715).



Ohio Appeals Panel Affirms Defense Medical Malpractice Verdict
AKRON, Ohio - A panel of the Ninth District of the Ohio Court of Appeals on Sept. 27 affirmed a defense verdict in a wrongful death suit after finding that the jurors' answers to the special interrogatories were not inconsistent (Seth Niles Cromer, et al. v. Children's Hospital Medical Center of Akron, No. 25632, Ohio. App., 9th Jud. Dist., 2017 Ohio App. LEXIS 4197).



Pennsylvania Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on Oct. 6 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in refusing to strike a juror for cause or by not allowing the plaintiffs to use a pamphlet on an intravenous drug to impeach one of the treating nurses (Esther Lewis, et al. v. Mercy Suburban Hospital, et al., No. 936 EDA 2016, Pa. Super., Pa. Super. Unpub. LEXIS 3721).



Appeals Panel Affirms Defense Verdict In Suit Over Teenager's Death
WARREN, Ohio - On Sept. 29, panel of the 11th District Ohio Court of Appeals affirmed a defense verdict in favor of a hospital following a teenager's death after finding that the plaintiff did not submit enough evidence to show juror misconduct that would warrant a new trial (Richard C. Rollison III v. Humility of Mary Health Partners, et al., No. 2016-T-0090, Ohio App., 11th Dist., 2017 Ohio App. LEXIS 4397).



Arizona Appeals Panel Affirms Defense Judgment In Medical Malpractice Suit
PHOENIX - A First Division Arizona Court of Appeals panel on Oct. 3 affirmed a trial court's decision to grant judgment to a doctor in a medical malpractice claim after finding the second suit a man filed against a doctor was barred by the two-year statute of limitations (Elbert Byron Rose v. Felipe Albuquerque, M.D., No. 1 CA-CV 16-0634, Ariz. App., Div. 1.).



Texas Appeals Panel Affirms Denial Of Dismissal In Medical Malpractice Suit
WACO, Texas - A 10th District Texas Court of Appeals panel on Oct. 4 found that a trial court did not err in admitting a woman's expert reports in a medical malpractice suit and affirmed the trial court's decision to deny two motions to dismiss brought by two doctors being sued (James Hoffman M.D., et al. v. Tina Samples, No. 10-17-00196-CV, Texas App., 10th Dist., 2017 Tex. App. LEXIS 9336).



Alabama Supreme Court: No Immunity For Tribal Parties For Crash Tort Claims
MONTGOMERY, Ala. - The Alabama Supreme Court on Oct. 3, in a car crash negligence case against an Indian casino, held that "the doctrine of tribal sovereign immunity affords no protection to tribes with regard to tort claims asserted against them by non-tribe members" (Casey Marie Wilkes, et al. v. PCI Gaming Authority d/b/a Wind Creek Casino and Hotel Wetumpka, et al., No. 1151312, Ala. Sup., 2017 Ala. LEXIS 105).



Texas Appeals Panel Orders Slip-And-Fall Claims To Be Dismissed
DALLAS - A panel of the Fifth District Texas Court of Appeals on Oct. 2 reversed a trial court's decision to deny the city of Dallas' plea for jurisdiction and dismissed a slip-and-fall suit after finding that the woman who sued the city did not show the city waived immunity because she did not show that the city had actual or constructive knowledge of the hazard (City of Dallas v. Leslie Papierski, No. 05-17-00157-CV, Texas App., 5th Dist., 2017 Tex. App. LEXIS 9267).



Appeals Panel Partially Affirms, Denies Judgment In Premises Liability Suit
EASTLAND, Texas - A panel of the 11th District of the Texas Court of Appeals on Oct. 5 affirmed summary judgment on premises liability and negligence claims against the owner of a gas lease in a premises liability suit; however, it reversed judgment granted in favor of the lease owner on a negligent hiring claim because the lease owner did not amend its motion for summary judgment to address those claims (Evelyn Cuevas, et al. v. Endeavor Energy Resources L.P., No. 11-15-00157-CV, Texas App., 11th Dist., 2017 Tex. App. LEXIS 9399).



Texas Appeals Panel Affirms Summary Judgment In Premises Liability Suit
BEAUMONT, Texas - A panel of the Ninth District Texas Court of Appeals on Sept. 28 affirmed summary judgment to a marina after finding that a man who injured himself on a deck at the marina failed to show that the owner of the marina was responsible for the deck he injured himself on and that the owner did not have actual or constructive knowledge of the danger on the deck (Jessie Charles Horton v. Walden Marina, No. 09-15-00491-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 9124).



Mississippi Appeals Panel Affirms Summary Judgment In Premises Liability Suit
JACKSON, Miss. - A Mississippi Court of Appeals panel on Sept. 26 affirmed summary judgment for a grocery store after finding that a woman who claimed that the store's negligence allowed several light bulbs to break, causing her to inhale dust from the broken bulbs, did not show that there was a causal connection between the particles and her injury (Sharon Williams v. Potter & Sims Food Inc., No. 2016-CA-00824-COA, Miss. App., 2017 Miss. App. LEXIS 571).



Federal Judge Dismisses Amended Complaint In Premises Liability Suit
OKLAHOMA CITY - A federal judge in Oklahoma on Sept. 29 granted the United States of America's motion to dismiss the amended complaint of a man who claimed that he was injured because of the negligence of the Air Force to warn him about the dangers of driving over a grate that collapsed after finding that the plaintiff's claims lack subject matter jurisdiction (Daniel Hodge v. United States of America, No. 16-109, W.D. Okla., 2017 U.S. Dist. LEXIS 160819).



Georgia Appeals Panel Orders Summary Judgment Granted In Slip-And-Fall Suit
ATLANTA - A panel of the Third Division Georgia Court of Appeals on Oct. 4 reversed a trial court's decision to deny Wal-Mart Stores East L.P's motion for summary judgment after finding that the store did not have superior knowledge of any hazardous condition and that there is no evidence that a store manager participated in any act that led to a woman slipping and falling (Wal-Mart Stores East L.P., et al. v. Catherine Benson, No. A17A0880, Ga. App., 3rd Div., 2017 Ga. App. LEXIS 450).



Expert Testimony Admitted For Both Sides In Defective Tire Action
SCRANTON, Pa. - Expert witnesses for both sides can testify in a design defect case involving an automobile tire that exploded and injured a mechanic, a Pennsylvania federal magistrate judge ruled Sept. 27 after finding that the challenged opinions are sound, relevant and helpful to the trier of fact (Vincent Dodson, et al v. Beijing Capital Tire Company, Ltd., et al., No. 3:14-cv-01358, M.D. Pa., 2017 U.S. Dist. LEXIS 158484).



NFL Seeks To Dismiss 2nd Amended Complaint In Concussion Suit
PHILADELPHIA - The National Football League (NFL) asked a federal judge in Pennsylvania on Sept. 25 to dismiss the second amended complaint brought by those who opted out of the concussion settlement reached between the league and players in 2016, saying that those who opted out failed to state a claim and that their claims are preempted by collective bargaining agreements (CBAs) the players signed during their time in the league (In Re: National Football League Players' Concussion Injury Litigation, No. 2:12-md-02323, E.D. Pa.).



Liability Claims For Infection Trimmed Against Restaurant, Franchisor
BIRMINGHAM, Ala. - An Alabama federal judge on Sept. 28 granted a summary judgment motion by a franchisor and a management service provider and narrowed the claims against a franchisee and its oyster supplier in a lawsuit brought by a customer who developed a severe infection after consuming raw oysters at Wintzell's Oyster House in Huntsville, Ala., and the customer's wife (Jose Ruiz, et al. v. Wintzell's Huntsville, L.L.C., et al., No. 13-2244, N.D. Ala., 2017 U.S. Dist. LEXIS 159547).