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

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Missouri Judge Declares Mistrial In Talcum Powder Suit After Supreme Court Ruling
ST. LOUIS - A Missouri state court judge on June 20 declared a mistrial in a suit brought by three plaintiffs claiming that they or their family members developed ovarian cancer after using talcum powder sold by Johnson & Johnson, a day after the U.S. . Supreme Court issued its ruling in Bristol-Myers Squibb Co. v. Superior Court of California, et al., which affects jurisdiction on product liability suits (Michael Blaes, et al. v. Johnson & Johnson, et al., No. 1422-CC09326-01, Mo. 22nd Jud. Cir.).



8th Circuit Finds Nebraska's Cap On Medical Malpractice Damages Constitutional
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 22 found that Nebraska's cap on damages in medical malpractice suits does not violate the U.S. Constitution and affirmed a trial court's decision to reduce a $17 million verdict to $1.75 million (Doran Schmidt, et al. v. Bellevue Medical Center L.L.C., et al., Nos. 16-1022, 16-1024, 8th Cir., 2017 U.S. App. LEXIS 11053).



Arizona Supreme Court Abolishes Test For Abuse Claims
PHOENIX - The Arizona Supreme Court on June 20 unanimously found that a trial court erred in granting a doctor and a nursing home summary judgment in a suit where a woman allegedly died because of their abuse and negligence and abolished the four-part test for determining whether a claim under the state Adult Protective Services Act (APSA) is sustainable (Marika Delgado v. Manor Care of Tucson AZ LLC, et al., No. CV-16-0178-PR, Ariz. Sup., 2017 Ariz. LEXIS 167).



Kentucky High Court Affirms Reversal Of Directed Verdict In Malpractice Suit
FRANKFORT, Ky. - A majority of the Kentucky Supreme Court on June 15 affirmed a lower appellate court's decision to reverse a directed verdict in a medical malpractice suit after finding that an expert witness was not needed by the plaintiff to tell the jury the dangers of an IVC filter placement surgery (Alex Argotte M.D. v. Jacqulyn Harrington, No. 2015-SC-000465-DG, Ky. Sup., 2017 Ky. LEXIS 275).



Illinois Appeals Panel Affirms Dismissal Of Medical Malpractice Complaint
CHICAGO - An Illinois appeals panel on June 22 found that a free clinic and two doctors who worked at it were immune from liability in a medical malpractice suit because the clinic did not charge patients and the doctors who treated the plaintiff were not paid by the clinic for their services (David S. Carroll v. Community Health Care Clinic, Inc., et al., Nos. 4-15-0847, 4-16-0067, Ill. App. 4th Dist., 2017 Ill. App. LEXIS 400).



Plaintiff Moves For Approval Of $7 Million Settlement In Medical Negligence Suit
JACKSONVILLE, Fla. - A woman on June 15 filed a motion asking a federal judge in Florida to approve a $7 million settlement between her and the United States for brain damage her husband sustained during a two routine procedures at a naval hospital in Florida (Christina L. Hollis v. The United States of America, No. 3:15-CV-898, M.D. Fla.).



Federal Judge Orders United States To Pay $3.8M In Medical Negligence Suit
ANCHORAGE, Alaska- A federal judge in Alaska on June 12 ordered the United States to pay more than $3.8 million to a family after finding that a hospital funded by the United States failed to properly monitor a patient, which led to her brain damage (William Tate, et al. v. United States of America, No. 3:14-cv-242, D. Alaska).



Federal Jury Finds Surgeon Not Negligent In Medical Malpractice Suit
BALTIMORE - A federal jury in Maryland on June 15 found that a doctor was not negligent and did not breach the standard of care to a patient who sued him following a botched surgery (Collins v. Juan Arrisueno, M.D., et al., No. 1:13-CV-55, D. Md.).



Texas Appeals Panel Dismisses University Hospital Doctors From Malpractice Suit
HOUSTON - A Texas appellate court on June 15 found that a trial court erred in denying a motion to dismiss doctors who work for The University of Texas M.D. Anderson Cancer Center from a medical malpractice suit because Texas law requires the dismissal the employees of a state-run institution (James Stewart v. The University of Texas M.D. Anderson Cancer Center, No. 01-16-00865-CV, Texas App., 1st Dist., 2017 Tex. App. LEXIS 5505).



Pennsylvania Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
HARRISBURG, Pa. - In an unpublished opinion, a panel of the Pennsylvania Superior Court on June 13 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing defense witnesses to testify to a doctor's reputation and that the expert witnesses were able to testify beyond the scope of their expert opinions (James Pellechia v. Yen Shou Chen, M.D., et al., No. 1208 EDA 2015, Pa. Super., 2017 Pa. Super Unpub. LEXIS 2272).



Illinois Appeals Panel Remands Medical Malpractice Suit For Further Proceedings
ELGIN, Ill. - An Illinois appellate panel on June 12 found that a trial court erred in dismissing a medical malpractice suit because it did not apply the "agreement-in-effect" exception to the res judicata doctrine (Robert Kantner v. Ladonna Jo Waugh, et al., No. 2-16-0848, Ill. App., 2nd Dist., 2017 Ill. App. LEXIS 371).



Minnesota Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit
ST. PAUL, Minn. - A Minnesota appellate panel on June 12 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err in allowing the defendants' experts to testify (Anita J. Howard v. Shelly R. Svoboda, M.D., et al., No. A16-1232, Minn. App., 2017 Minn. App. Unpub. LEXIS 508).



Florida Appeals Panel Reverses Trial Court In Medical Malpractice Suit
TALLAHASSEE, Fla. - A Florida appellate panel on June 21 found that a trial court erred in reinstating a medical malpractice complaint because the plaintiff's expert affidavit was from a doctor who did not have the same exact specialty as the doctor she was suing and quashed an order reinstating the complaint (Michael Clare M.D., et al. v. Maria Johnson Lynch, No. 2D16-4052, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 9039).



Casey Kasem's Widow Sues 3 Grown Children Alleging 'Homicidal Guardianship Scam'
TACOMA, Wash. - The widow of radio and TV personality Casey Kasem on June 15 filed a personal injury lawsuit against her late husband's three adult children from a prior relationship, accusing them of participating in a "homicidal guardianship scam" that she says directly led to his death three years ago (Jean Kasem v. Kerri Helen Kasem, et al., No. 3:17-cv5461, W.D. Wash.).



Kentucky Appeals Panel Affirms Summary Judgment In Premises Liability Suit
LEXINGTON, Ky. - A Kentucky appellate panel on June 16 affirmed summary judgment in a premises liability suit in favor of a homeowners association, its board members and a couple who owned a home after finding that none of the defendants owed a woman who injured herself on a sidewalk a duty to protect her (Frances Brooks v. Seaton Place Homeowners Association, Inc., et al., No. 2016-CA-001112, Ky. App., 2017 Ky. app. LEXIS 265).



Majority Reverses Denial Of Summary Judgment In Negligence Suit
INDIANAPOLIS - An Indiana appellate panel on June 19 found that a trial court erred in denying summary judgment for a group of local government defendants in a negligence suit after the majority found that the defendants did not have a duty to protect a man who died after contracting a deadly, brain-deteriorating disease from swimming in a local pond and remanded the case to the trial court (Daviess-Martin County Joint Parks and Recreation Department, et al., v. The Estate of Waylon W. Abel, by John Abel, et al., No. 19A04-1607-CT-1563, Ind. App., 2017, Ind. App. LEXIS 260).



Rhode Island Supreme Court Affirms Summary Judgement In Premises Liability Suit
PROVIDENCE, R.I. - The Rhode Island Supreme Court on June 19 unanimously affirmed a trial court's decision to grant summary judgment to a couple who owned property where a man was accidently shot by a third-party defendant because the Restatement (Second) of Torts states that the property owner must be on the property to be liable for the actions of a third-party defendant (Adam Correia v. John Bettencourt, et al. v. James Martitz, et al., No. 2016-273, R.I. Sup., 2017 R.I. LEXIS 89).



No Coverage For Insured's Deliberate Acts Of Unprotected Sex, 9th Circuit Affirms
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 21 affirmed a lower federal court's ruling that a homeowners insurer has no duty to defend its insured against underlying claims of battery, sexual battery, fraud, intentional infliction of emotional distress, negligence and negligent infliction of emotional distress (Travelers Commercial Insurance Co. v. Jennifer A., No. 15-15841, 9th Cir., 2017 U.S. App. LEXIS 10996).



Illinois Appeals Panel Finds Trial Court Erred In Dismissing Wrongful Death Suit
CHICAGO - An Illinois appeals panel on June 16 remanded a wrongful death suit for further proceedings after finding that the trial court erred in applying Illinois' nullity rule to the plaintiff's complaint and dismissing the suit (Agnes Holloway v. Chicago Heart & Vascular Consultants LTD., et al., No. 1-16-0315, Ill. App., 1st Dist., 5th Div., 2017 Ill. App. LEXIS 388).



Texas Appeals Panel Affirms Judgment For Plaintiff In Negligence Suit
HOUSTON - A Texas appellate panel on June 13 affirmed a trial court's judgment after finding that a man who was employed to repair a tire that exploded and injured his hand presented enough evidence during trial to show that his employer was negligent and could have done more to protect him from the exploding tire (Advance Tire and Wheels LLC v. Abrhim Enshikar, No. 01-16-00020-CV, Texas App., 1st Dist., 2017 Tex. App. LEXIS 5371).



Family Of Deceased College Football Player Files Proposed Class Suit Against NCAA
KANSAS CITY - The parents of a deceased collegiate football player filed suit in Kansas federal court on June 2 against the National Collegiate Athletic Association (NCAA) and the division in which he played football, claiming that they did not do enough to warn and protect their son from the dangers of concussions, which they say led to his suicide (Charles Marcus Langston, et al. v. Mid-America Intercollegiate Athletics Association, et al., No. 2:17-CV-02323, D. Kansas).



Florida High Court Finds Damage Caps In Medical Negligence Suits Unconstitutional
TALLAHASSEE, Fla. - A Florida Supreme Court majority on June 8 found that a Florida law placing caps on personal injury noneconomic damages in medical negligence suits violates the equal protection clause of the Florida Constitution, Art. I, 2, Fla. Const., and affirmed an order from the Fourth District Court of Appeals, which held the cap was unconstitutional (North Broward Hospital District, et al. v. Susan Kalitan, No. SC15-1858, Fla. Sup., 2017 Fla. LEXIS 1277).



Iowa Supreme Court Allows Wrongful Birth Claims To Proceed
DES MOINES, Iowa - In an 6-1 decision on June 2, a majority of the Iowa Supreme Court found that parents in Iowa have a right to sue doctors for the "wrongful birth" of a child with severe disabilities when doctors fail to show parents severe birth defects discovered in ultrasounds because the theory of a "wrongful birth" claim fits "within general tort principles for medical negligence actions" (Pamela Plowman, et al. v. Fort Madison Community Hospital, et al., No. 15-0974, Iowa. Sup., 2017 Iowa Sup. LEXIS 62).



Georgia Supreme Court Reverses Lower Court Decision In Medical Malpractice Suit
ATLANTA - The Georgia Supreme Court on May 30 unanimously held that a lower appellate court erred by reversing a trial court's decision to preclude a witness from testifying during a medical malpractice suit because the trial court was within its discretion to preclude the witness because the plaintiff did not disclose the identity of the witness during discovery (Resurgens P.C., et al. v. Sean Elliot, No. S16G1214, Ga. Sup., 2017 Ga. LEXIS 437).



Missouri Appellate Panel Affirms Dismissal Of Medical Malpractice Suit
ST. LOUIS - A Missouri appellate panel on May 23 found that a trial court was right to find that claims brought by a woman were based in medical malpractice and to dismiss those claims because they were barred by the state's two-year-statute of limitations (Christina McCormick v. Centerpoint Medical Center of Independence LLC., No. WD80063, Mo. App., Western Dist., Div. 2, 2017 Mo. App. LEXIS 487).



Missouri Appeals Panel Upholds Defense Verdict In Medical Malpractice Suit
ST. LOUIS - A Missouri appeals panel on May 23 upheld a defense verdict in a medical malpractice suit after finding that a defense attorney did not misconstrue evidence during closing arguments and that the trial court's decision to exclude evidence of potential witness tampering did not prejudice the plaintiff (Jaynee Will v. Pepose Vision Institute P.C., No. ED103949, Mo. App., Eastern Dist., 4th Div., 2017 Mo. App. LEXIS 490).



Tennessee Appeals Panel Reverses Dismissal Of Medical Malpractice Suit
JACKSON, Tenn. - A Tennessee Court of Appeals panel on May 26 found that a trial court erred in finding that claims that a baby was injured birth were barred by Tennessee's statute of repose and reversed the trial court's decision (Joshlin Renee Woodruff, et al. v. Armie Walker M.D., et al., No. W2016-01895-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 356).



Nurse, Doctor Will Remain In Federal Medical Negligence Suit
COLUMBIA, Tenn. - A federal judge in Tennessee on May 17 partially granted and partially denied a motion for partial summary judgment after finding that two members of a prison's medical staff could be found to have shown deliberate indifference to an inmate that allegedly led to his death in a hospital a month later (Cynthia Smith Russell v. Otis Campbell, et al., No. 1:16-cv-00098, M.D. Tenn., 2017 U.S. Dist. LEXIS 81899).



Florida Appeals Panel Remands Negligence Case For New Trial On Damages
DAYTONA BEACH, Fla. - A Florida appeals court on May 19 remanded a case alleging that a nursing home negligently caused injury to a patient for a new trial on liability, causation and damages, saying that the damage award was clearly inadequate, leading it to conclude that the jury rendered a compromised verdict (FLNC Inc., d/b/a Florida Living Nursing Center v. Joise Ramos, as Personal Representative of the Estate of Sonia Mercado-Bosque, No. 5D16-1725, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 7180).



Texas Appeals Panel Affirms Summary Judgment In Health Care Liability Suit
HOUSTON - A Texas appellate panel on June 8 affirmed summary judgment for a doctor and an orthopedic clinic for which he worked after finding that the statute of limitations had run out before the claims against the doctor, who allegedly failed to complete a back surgery, were filed (Robert Davenport, et al. v. Dr. Samuel Maxwell Adu-Lartey, et al., No. 01-16-00276-CV, Texas App. 1st Dist., 2017 Tex. App. LEXIS 5274).



Georgia Supreme Court Orders New Trial Over Fault In Premises Liability Suit
ATLANTA - The Georgia Supreme Court on June 5 ordered a new trial on the apportionment of fault in a suit in which a man was attacked just outside of a theme park because the jury should have been able to apportion fault to the unnamed defendants (Joshua Martin v. Six Flags of Georgia L.P., et al., Nos. S16G0743, S16G0750, Ga. Sup., 2017 Ga. LEXIS 454).



Iowa Supreme Court Orders New Trial In Premises Liability Suit
DES MOINES, Iowa - The Iowa Supreme Court on June 2 unanimously remanded a premises liability suit for a new trial after finding that the trial court erred in not allowing a high school sued for an incident during a baseball game to present evidence of custom and in not allowing a jury instruction on proper lookout (Spencer James Ludman v. Davenport Assumption High School, No. 15-1191, Iowa Sup., 2017 Iowa Sup. LEXIS 61).



Texas Appeals Panel Affirms Defense Verdict In Negligence Suit
HOUSTON - A Texas appellate panel on May 25 found that a trial court did not err by refusing to submit questions to the jury over negligence and the status of a man on a premises who injured himself while working on electrical lines (Shannon Newman v. CenterPoint Energy Houston Electric LLC, No. 14-16-00007-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 4772).



Missouri Appeals Panel Affirms Verdict In Premises Liability Suit
ST. LOUIS - A Missouri appellate panel on June 6 affirmed an $81,100 judgment in a premises liability suit after finding that the court did not err in denying a motion for judgment notwithstanding the verdict brought by the owner of a mall and its cleaning company in a suit where a woman injured herself after slipping on a cheese sauce (Sandra M. Marmaduke v. CBL & Associates Management Inc., et al., No. ED104150, Mo. App., Eastern Dist., Div. 4, 2017 Mo. App. LEXIS 556).



Texas Appeals Panel Affirms Denial Of Plea To Jurisdiction In Negligence Suit
HOUSTON - A Texas appellate panel on May 31 found that a trial court was right to deny a plea to jurisdiction filed by a city because the "pleadings allege jurisdictional facts sufficient to show a waiver of the city's governmental immunity and the City failed to conclusively negate actual knowledge of the dangerous condition" in a suit brought by a woman who injured herself after she rode her bike over an uncovered storm drain (City of Texas City v. Joyce Woodkins, No. 14-15-01053-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 4917).



Woman Pepper-Sprayed During Anti-Trump Rally Files Federal Lawsuit
SAN FRANCISCO - A Donald Trump supporter filed suit in California federal court on June 5 against The Regents of the University of California, Berkley, and others, saying they failed to protect her from protesters who sprayed her in the face with pepper spray during a rally dedicated to stopping conservative commentator Milo Yiannopoulos from speaking at the school (Kiara Robles v. The Regents of The University of California, Berkley, et al., No. 3:17-CV-03235, N.D. Calif.).



Bankruptcy Judge Allows For Non-Ignition Switch Injury Claims To Proceed
NEW YORK - A federal bankruptcy judge in New York on June 7 partially granted and partially denied a motion to enforce a 2009 sale order and found that a group of plaintiffs scheduled to go to trial in July in Connecticut federal court may proceed with claims against General Motors LLC (New GM) of failure to warn based on the conduct of New GM and General Motors Corp. (Old GM) and failure to recall and retrofit based on the conduct of New GM (In re: Motors Liquidation Company, f/k/a/ General Motors Corporation, et al., No. 09-50026, S.D. N.Y. Bkcy.).



Panel Reverses Judgment In Favor Of Insolvent Insurer On Personal Injury Claim
BATON ROUGE, La. - A Louisiana appeals panel on June 2 reversed a judgment entered in favor of an insolvent insurer on a personal injury claim arising out of a vehicle accident involving an insured and his father; however, the panel affirmed judgment on the involuntary dismissal of property damage and bad faith claims (John Cook and Jason J. Scott v. U.S. Agencies Mgt. Services, et al., No. 2016 CA 0802, La. App., 1st Cir., 2017 La. App. Unpub. LEXIS 182).



11th Circuit Panel Finds Court Erred By Not Dismissing Dog Bite Suit
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on May 19 reversed a trial court order denying a motion to dismiss a negligence suit against three police officers, a canine officer, a county and its police department after finding that the officers all had immunity from the suit (Randall Kevin Jones v. Officer S. Fransen, et al., No. 16-10715, 11th Cir. App., 2017 U.S. App. LEXIS 8816).



Couple Denied Cert For 4th Circuit's De Novo Daubert Review, Findings
WASHINGTON, D.C. - The U.S. Supreme Court on June 12 declined to review a case in which a couple claimed that the Fourth Circuit U.S. Court of Appeals erred when it overturned a $3 million jury award against Ford Motor Co. for design defect based on the appeals court's exclusion of the couple's expert testimony (Howard E. Nease, et ux. v. Ford Motor Company, No. 16-1333, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 1562).



Expert Needed In Design Defect Suit Over Oil Worker's Fatal Fall, 5th Circuit Says
NEW ORLEANS - A federal court did not err in holding that, lacking expert testimony that was excluded, the parents of a man who died in an oil rig fall failed to raise a genuine dispute of material fact as to whether a design defect in his safety harness was the proximate cause of his death, the Fifth Circuit U.S. Court of Appeals ruled May 30 in affirming the grant of summary judgment to the harness maker (Billy Stewart, et al. v. Capital Safety USA, No. 16-30993, 5th Cir., 2017 U.S. App. LEXIS 9474).



General Motors, Car Dealerships Sued Over Alleged Defective Seat Belt
NEWARK, N.J. - A woman who was injured in a car crash filed suit on May 22 against General Motors LLC and the dealership that sold her car to her in New Jersey state court, claiming that her car was defective and that the seat belt in her car failed to protect her after the car rolled over in an accident (Bridget Holmes-Mergucz v. General Motors LLC, et al., No. ESX-L-3700-17, N.J. Super. Essex Co.).



Kentucky Appeals Panel Affirms Summary Judgment In Wrongful Death Suit
LEXINGTON, Ky. - A panel of the Kentucky Court of Appeals on June 9 affirmed a trial court's decision to grant summary judgment to a mental disability care provider, case management service and its employees because the mother of a man with mental disabilities who died while in their care failed to bring an expert witness to testify on how the defendants deviated from the standard of care (Deborah Howard v. NDT Care Services, LLC., et al., No. 2015-CA-001924, Ky. App., 2017 Ky. App. Unpub. LEXIS 425).



Man Injured, Mother Of Man Killed At Concert Sue Rapper, Concert Venue
WATERBURY, Conn. - The mother of a man killed at a Meek Mill concert and another man who was injured at the concert filed suit against the rapper and the venue in Connecticut state court on May 23, claiming the rapper's lyrics incited violence that brought "thugs" to a concert who started a fight where her son was shot and killed (Jacqueline D. Bond, et al. v. Oakdale Musical Theatre Company, et al., No. CV-17-6035013-S, Conn. Super., New Haven Co.).



U.S. High Court: No Personal Jurisdiction For BNSF In Montana Injury Suits
WASHINGTON, D.C. - The U.S. Supreme Court on May 30 reversed a Montana Supreme Court ruling and held that BNSF Railway Co., under the Federal Employers' Liability Act (FELA), is not subject to general personal jurisdiction in Montana - a state where it is not headquartered or incorporated - when it comes to injury claims that are unrelated to activity occurring in that state (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).



Appeals Court Affirms Judgment Against Contractor For Injuries From Guardrail
ANNAPOLIS, Md. - A Maryland appeals court panel on May 31 affirmed a judgment against a general contractor for injuries a man sustained after an improperly installed guardrail at a home failed and allowed him to fall 13 feet, finding that the contractor owed a duty to subsequent purchasers of the home (Marrick Homes, LLC, v. Adam Rutkowski, et al., No. 655 Sept. Term 2016, Md. Spec. App., App., 2017 Md. App. LEXIS 562).



Federal Judge Dismisses Wrongful Death Suit Against NHL
CHICAGO - A federal judge in Illinois on June 5 granted the National Hockey League's (NHL) motion to dismiss the remaining claims in a complaint which a couple alleged that the league was responsible for their son's death, which was related to drug use, because it failed to warn and protect him from the dangers of concussions because the couple failed to state a claim (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill., 2017 U.S. Dist. LEXIS 85338).



NHL Opposes Attorney Fees For University In Concussion MDL Discovery Dispute
MINNEAPOLIS - The National Hockey League (NHL) on June 5 asked the federal judge overseeing the NHL concussion multidistrict litigation to deny the Boston University Chronic Traumatic Encephalopathy Center (CTE Center)'s motion for attorney fees because the center has not shown that its legal costs would "have been substantially lower if the NHL's motion to compel had been limited only to those requests that were ultimately granted by the Court" (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Former Football Player Files Class Suit Against NCAA, University, Conference
LUFKIN, Texas - A former University of Tulsa football player filed suit in Texas federal court on June 8, seeking to certify a class of former players at the school who sustained injuries, claiming that the university, the National Collegiate Athletic Association (NCAA) and Conference USA failed to put in protocols to prevent, detect and treat concussions in student athletes (Donald Gobert v. The University of Tulsa, et al., No. 9:17-cv-00106, E.D. Texas).



Judge Gives Mixed Bag Ruling On Expert Opinions For Bouncer Shot At Bar
KANSAS CITY, Mo. - A medical expert can testify that gunshot wounds a nightclub bouncer received in a scuffle with an off-duty policeman caused the nerve disease and pain he suffers from, opening the door for two other experts to testify as to the man's alleged damages, a Missouri federal judge held June 1, while also severely limiting the testimony of the medical expert (Rodney Babbs, Jr. v. Bryan Block, No. 4:15-cv-0194, W.D. Mo., 2017 U.S. Dist. LEXIS 83587).



Indiana Appeals Panel Reverses Trial Court On Expert Witness In Negligence Suit
INDIANAPOLIS - A panel of the Indiana Court of Appeals on May 30 reversed a trial court's decision to bar a nurse practitioner who treated a man injured in a car crash from acting as an expert witness because there is no "blanket rule" barring a nurse practitioner from acting as an expert witness (Charles Aillones v. Glen D. Minton, No. 82A01-1609-CT-2138, Ind. App., 2017 Ind. App. LEXIS 226).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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