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LexisNexis® Mealey's™ Personal Injury Legal News
Headline Personal Injury Legal News from LexisNexis®
New York Jury Awards $39 Million In Unsafe Fire Escape Suit
NEW YORK - A jury in New York on March 6 awarded a woman who injured herself after falling from a fire escape $39 million before the award was reduced to $29 million in a suit against an apartment building's owners and its managers, according to the verdict form (Anastasia C. Klupchak v. First East Village Associates, et al., No. 110617109, N.Y. Sup., New York Co.).
Georgia Appeals Court Affirms Summary Judgment In Shooting Lawsuit
ATLANTA - A majority of the Georgia Court of Appeals on March 16 affirmed the grant of summary judgment to a mall where a man was shot and killed because his death was related to a fight he chose to be a part of, a danger of which the mall was not aware (Michael Fair, et al. v. CV Underground LLC, et al., No. A16A1633, Ga. App., 2017 Ga. App. LEXIS 142).
Michigan Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
TROY, Mich. - A Michigan appeals panel on March 14 affirmed a lower court's grant of summary disposition and dismissal of a suit in which a man claimed that he slipped and injured himself on a property because the ice he slipped on was an open and obvious hazard (Nick Zimmer v. Harbour Cove on the Lake Condominium Community, No. 331545, Mich. App. 2nd Dist.,2017 Mich. App. LEXIS 391).
Virginia Federal Judge Grants Summary Judgment In Slip-And-Fall Suit
ROANOKE, Va. - A federal judge in Virginia on March 7 granted summary judgment to a hotel company in a slip-and-fall case after finding that a woman who sued the company after slipping on ice did not prove that the hotel's employees had constructive notice of ice that had accumulated around an outdoor fountain (Ellen B. Thomas v. Omni Hotels Management Corporation, No. 5:15-cv-00086, W.D. Va., 2017 U.S. Dist. LEXIS 32176).
New York Appeals Panel Affirms Summary Judgment In Dog Injury Suit
NEW YORK - While noting that it is not prudent law or policy, New York appellate panel on March 15 said a trial court was right to grant summary judgment to a man who was sued because his dog caused an injury to a pedestrian even though the dog was not vicious because New York law does not allow for negligence claims to be brought against a dog's owner when the dog did not attack the plaintiff (Gregory Scavetta, et al. v. Stuart Wechsler, No. 155262/14 2235, N.Y. Sup., App. Div., 1st Dept. 2017 N.Y. App. Div. LEXIS 1943).
Federal Judge Dismisses Medical Malpractice Suit Against United States
SYRACUSE, N.Y. - A federal judge in New York on March 15 granted a motion to substitute the United States as a defendant in a medical malpractice suit in place of a facility and three doctors and then dismissed the suit without prejudice after finding that the plaintiffs failed to file an administrative claim after their child was born with birth defects (Belinda Rodriguez, et al. v. George Stanley M.D., et al., No. 5:15-CV-1178, N.D. N.Y., 2017 U.S. Dist. LEXIS 36790).
Georgia Appellate Panel Affirms Summary Judgment Rulings In Negligence Suit
ATLANTA - A Georgia appellate panel on March 14 affirmed the grant of summary judgment to a hospital and the denial of summary judgment to the doctor in a case where a patient with mental health issues killed himself after being discharged from the hospital after finding that the trial court correctly excluded the plaintiffs' experts from opining on the standard of care applied to the emergency room nurses (Richard Bernard Everson, et al. v. Phoebe Sumter Medical Center Inc., No. A16A1709, Brian Jordan v. Richard Bernard Everson, et al., No. A16A1710, Ga. App., 3rd Div., 2017 Ga. App. LEXIS 128).
Conn. Federal Judge Denies Motion To Dismiss Third-Party Complaint Against Hospital
NEW HAVEN, Conn. - A federal judge in Connecticut on March 7 denied a hospital's motion to dismiss a third-party complaint against it in a personal injury suit because the third-party complaint is based in negligence and not medical malpractice and the third-party plaintiff is not required to attach expert testimony to the complaint (Wendy Trella v. Wal-Mart Stores Inc., et al. v. Middlesex Health System, No. 3:15-cv-1211, D. Conn., 2017 U.S. Dist. LEXIS 31980).
Georgia High Court Says Heirs Must Arbitrate Wrongful Death Lawsuit
ATLANTA - The Georgia Supreme Court on March 6 reversed a state appeals court ruling in a wrongful death lawsuit, saying that the beneficiaries of a deceased woman were bound by the terms of an arbitration agreement she signed when she was admitted to a nursing home in 2013 to have any claims against the nursing home go to arbitration (United Health Services of Georgia Inc., et al. v. Norton, et al., No. S16G1143, Ga. Sup., 2017 Ga. LEXIS 168).
Panel: No Error In Admission Of Doctor's Testimony On Treatment After Collision
TYLER, Texas - A judge did not err in allowing a physician's testimony that a woman involved in a car accident needed "neurotomies, stem cell injections, and topical cream," a Texas appeals panel held March 15, because it was reliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993) (Jeremy Oney and Horizon Cable Service Inc. v. William Crist and Heather Crist, No. 12-16-00045-CV, Texas App., 12th Dist.; 2017 Tex. App. LEXIS 2216).
Federal Judge Declines To Bar Testimony On Accident Scenario In Personal Injury Suit
SHREVEPORT, La. - A licensed mechanical and biomedical engineer relied on a sufficient methodology and factual basis to testify in support of proving that an accident scenario "is physically possible," a Louisiana federal judge ruled March 15, declining to exclude the testimony in a personal injury lawsuit against Greyhound Lines Inc. (Yolanda Dennis v. Ernest Collins II, et al., No. 15-2410, W.D. La.; 2017 U.S. Dist. LEXIS 37614).
Judge Decides Motions To Exclude Causation Testimony In Personal Injury Lawsuit
KANSAS CITY, Kan. - A Kansas federal judge on March 13 granted in part and denied in part motions to exclude expert testimony from both sides involved in a personal injury lawsuit on the issue of causation for injuries a woman allegedly sustained in a vehicle collision (Wendy L. Delgado v. Lyle J. Unruh, et al., No. 14-01262, D. Kan.; 2017 U.S. Dist. LEXIS 35790).
Match.com Had No Duty To Warn User Of Attacker's Violent Tendencies, Judge Says
LAS VEGAS - Match.com LLC did not have a duty to warn a user of its dating website about another user who violently attacked her, a Nevada federal judge ruled March 10, dismissing the plaintiff's negligence claim for failure to allege the existence of a special relationship with the site operator that created such a duty (Mary Kay Beckman v. Match.com LLC, No. 2:13-cv-00097, D. Nev., 2017 U.S. Dist. LEXIS 35562).
BNSF To High Court: State Courts Lack Jurisdiction Over BNSF In Injury Cases
WASHINGTON, D.C. - The due process clause bars Montana state courts from exhibiting personal jurisdiction over BNSF Railway Co. in two personal injury cases, BNSF tells the U.S. Supreme Court in its Feb. 27 petitioner brief (BNSF Railway Company v. Kelli Tyrrell, as Special Administrator for the Estate of Brent T. Tyrrell, et al., No. 16-405, U.S. Sup.).
Discipline Of BNSF Worker Injured On The Job Is Upheld By 8th Circuit
ST. LOUIS - BNSF Railway Co. did not violate the employee-protections provision of the Federal Railroad Safety Act (FRSA) when it disciplined an injured worker after determining that his own errors caused the injury, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 27 (Kelly Heim v. BNSF Railway Company, No. 15-3532, 8th Cir., 2017 U.S. App. LEXIS 3460).
Oklahoma Federal Judge Bars Pilot's Testimony In Products Liability Lawsuit
TULSA, Okla. - Rendering moot a federal magistrate judge's report and recommendation that a pilot's expert testimony in an aviation negligence and products liability lawsuit should be partially excluded under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), an Oklahoma federal judge ruled March 14 that the entire testimony should be excluded for the pilot's failure to prepare the report himself (James Rodgers, et al. v. Beechcraft Corp. f/k/a Hawker Beechcraft Corp., et al., No. 15-0129, N.D. Okla., 2017 U.S. Dist. LEXIS 36131).
Federal Magistrate Judge Remands Talcum Powder Suit To State Court
ST. LOUIS - A federal magistrate judge in Missouri on March 10 remanded to state court a suit in which a group of women allege that Johnson & Johnson and its talc supplier knew that its talcum powder exposed women to a risk of ovarian cancer and in some cases caused ovarian cancer (Lillie Lewis, et al. v. Johnson & Johnson, et al., No. 4:16-cv-01882, E.D. Mo., 2017 U.S. Dist. LEXIS 34259).
Suit Filed Over E. Coli Outbreak Connected To Soy Butter
CHICAGO - The mother of a boy who was diagnosed with E. coli in February filed suit March 8 against the maker of a soy nut butter in Illinois state court, claiming that it caused her son's illness (Brittany Weber v. The SoyNut Butter Company, No. 2017L002440, Ill. Cir. Cook Co.).
Former College Tennis Player Objects To Proposed NCAA Concussion Settlement
CHICAGO - A former college tennis player on March 10 filed an objection to the $75 million settlement between the National Collegiate Athletic Association (NCAA) and former college athletes in the NCAA concussion injury multidistrict litigation, saying that the settlement is inadequate because it does not account for past medical expenses and creates conflict between class members (In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, No. 13-cv-9116, N.D. Ill.).
Takata Pleads Guilty To Wire Fraud, Is Ordered To Pay $1 Billion
DETROIT - Takata Corp. on Feb. 27 pleaded guilty to one count of wire fraud in Michigan federal court and agreed to pay $1 billion in criminal penalties in a case in which the air bag maker was charged with misleading consumers into believing that their air bags were safe when the air bags were prone to exploding during car crashes, leading to deaths and injuries, according to a press release from the U.S. Department of Justice (United States of America v. Takata Corp., No. 2:16-CR-20810, E.D. Mich.).
Missouri Jury Returns Defense Verdict In Talcum Powder Suit
ST. LOUIS - A Missouri state court jury on March 3 found in favor of the defense in a suit brought by a woman who claimed that Johnson & Johnson and another company involved in making its talcum powder knew that the product caused ovarian cancer (Nora Daniels v. Johnson & Johnson, et al., No. 1422-CC09326-01, Mo. 22nd Jud. Cir St. Louis Co.).
North Carolina Federal Judge: Texas Law Applies In Product Defect Suit
DURHAM, N.C. - A federal judge in North Carolina on Feb. 27 said that Texas substantive and punitive laws apply in a product defect suit that was transferred to North Carolina because Texas, the home state of the defendant manufacturers, has a greater interest in having its product liability and punitive damages laws applied to the (Danielle Washington v. Trinity Industries Inc., et al., No. 1:15-CV-517, M.D. N.C., 2017 U.S. Dist. LEXIS 26854).
Judge: Expert Testimony Is Reliable For Strict Products Liability Case
SAN ANTONIO - A plaintiff's expert sufficiently relied "upon his engineering background, knowledge of basic principles and inspection of the winch at issue in this case in formulating his testimony," a Texas federal judge ruled March 1, declining to exclude the testimony in a strict products liability lawsuit (Christopher Villegas v. Cequent Performance Products Inc., No. 15-473, W.D. Texas; 2017 U.S. Dist. LEXIS 28597).
Judge Refuses To Strike Punitive Damages Claim Related To Ladder Collapse
SAN FRANCISCO - A California federal judge on Feb. 21 refused to strike a claim for punitive damages asserted by the purchaser of an extension ladder who alleges that he fell and suffered serious injuries after it collapsed (William Evans v. Home Depot U.S.A. Inc., et al., No. 16-cv-07191, N.D. Calif., 2017 U.S. Dist. LEXIS 24171).
Georgia Jury Awards $45.8 Million To Plaintiff In Medical Malpractice Suit
ATLANTA - A Georgia jury on Feb. 22 awarded $45.8 million to a woman and her family after finding that two doctors and the hospital where she gave birth were responsible for her brain damage, which left her completely disabled (Keith Traube v. Atlanta Women's Specialist, et al., No. 14-EV-001821, Ga. State, Fulton Co.).
Pennsylvania Superior Court Affirms $10 Million Verdict In Medical Malpractice Suit
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on Feb. 28 affirmed a $10 million medical malpractice verdict against the Children's Hospital of Philadelphia (CHOP) after finding that none of the hospital's claims of error had merit in a case where a woman claimed that the hospital failed to properly diagnose and treat her son, leading to his brain damage (Shantice Tillery v. The Children's Hospital of Philadelphia, et al., No. 1508 EDA 2016, Pa. Super, 2017 Pa. Super. LEXIS 134).
South Carolina Jury Awards Triple Amputee $13.75M In Medical Malpractice Suit
AIKEN, S.C. - A South Carolina jury on March 1 awarded a woman $13.75 million after finding that a hospital was negligent in delaying her treatment for sepsis, which resulted in the amputation of her legs and one arm (Seletha Gartrell v. Aiken Regional Medical Centers, No. 15-CP-02-0794, S.C. Comm. Pls., Aiken Co.).
Federal Magistrate In Arizona Awards Man $2.5 Million In Medical Negligence Suit
PHOENIX. - A federal magistrate judge in Arizona on March 6 found in favor of a veteran who claimed that his prostate cancer became worse because he was not seen in time by a doctor at the Veterans Affairs hospital in Phoenix and that when he was seen, he was not properly examined (Steven Harold Cooper v. United States of America, No. 2:15-CV-2140, D. Ariz.).
Texas Jury Awards $989,000 To Woman In Medical Malpractice Suit
FORT WORTH, Texas - A Texas jury on Feb. 24 awarded $989,000 to a woman who claimed that a doctor did not wait for lab results to get back before amputating her leg (Tanya Valentine v. J. John Stasikowski M.D., No. 236-269293-13, Texas, Tarrant Co. 236th Dist.).
New York Appellate Panel Upholds Order Denying Judgment To Doctor, Hospital
NEW YORK - In a divided opinion, a New York appellate panel on Feb. 21 affirmed a trial court order denying motions for summary judgment filed by a doctor and a hospital in a medical malpractice suit because summary judgment is not proper when two sets of experts have differing opinions (Marino Servino etc., et al. v. Mark Weller, M.D., et al., No. 106422/09, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. Sup. App. Div. LEXIS 1307).
Federal Judge Dismisses Medical Malpractice Suit Against United States
DURHAM, N.C. - A federal judge in North Carolina on Feb. 23 dismissed with prejudice claims against the United States brought by a woman who sued on behalf of her deceased husband claiming that the Department of Veterans Affairs was negligent in caring for him following heart surgery, which led to his death, finding that the statute of limitations period for the suit had not been extended (Ethel Thomas Wood v. United States of America, No. 1:16-cv-1033, M.D. N.C., 2017 U.S. Dist. LEXIS 25092).
Florida Jury Awards $52 Million To Family In Car Crash Suit
OCALA, Fla. - A Florida jury on Feb. 27 awarded a family approximately $52 million in damages after finding that a driver was negligent when he crashed into the back of a car, causing injuries to the mother and her four children, including broken bones and brain injuries (Yolanda Aldana, et al. v. Nathan T. Pyles, et al., No. 14-2030-CAB, Fla. Cir., 5th Jud. Cir., Marion Co.).
United States Not Liable For Athlete's Brain Injury, 9th Circuit Holds
SEATTLE - Employees of an Indian high school did not violate Washington state's youth sports concussion law by permitting a 16-year-old student who suffered a stroke while playing in a football game to play football that year or by failing to remove him from the game after he suffered two hits to the head, the Ninth Circuit U.S. Court of Appeals ruled Feb. 28 (Daphne Ingram, et al. v. United States of America, by and through the Department of the Interior, et al., No. 14-35359, 9th Cir., 2017 U.S. App. LEXIS 3655).
Attorneys For NFL Settlement Objectors Seek Portion Of Attorney Fees
PHILADELPHIA - The attorneys representing a group of objectors to the $1 billion National Football League concussion settlement are seeking $599,700 for their work in helping to reach the settlement, they say in a petition filed March 1 (In re: National Football League Players' Concussion Injury Litigation, MDL No. 2323, No. 12-md-2323, E.D. Pa.).
BU CTE Researcher Objects To NHL Seeking Her Research Material For Lawsuit
MINNEAPOLIS - A researcher at the Boston University Chronic Traumatic Encephalopathy (CTE) Center on March 2 told the federal judge overseeing the National Hockey League (NHL) concussion multidistrict litigation that the league is seeking raw research materials only to discredit her and her work so it can achieve its goals in the lawsuit (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
Louisiana Federal Judge Remands Youth Football Suit To State Court
NEW ORLEANS - A federal judge in Louisiana on Feb. 22 remanded to state court a negligence suit in which a child playing football at a camp was injured after he ran into a car because one of the defendants did not consent to the removal within 30 days of the first defendant being served with the complaint (Gizelle Ross v. USA Football Inc., et al., No. 2:17-CV-139, E.D. La., 2017 U.S. Dist. LEXIS 24491).
Ohio Federal Judge Grants Summary Judgment In Premises Liability Suit
COLUMBUS, Ohio - A federal judge in Ohio on Feb. 27 granted summary judgment to a store after finding that an assault and robbery that occurred in its parking lot was not foreseeable and the store did not owe the victim a duty to protect her from the robbery (Pamela Tabor v. Target Corporation, No. 2:15-CV-2508, S.D. Ohio, 2017 U.S. Dist. LEXIS 27100).
Federal Judge Allows Expert Testimony From Both Sides In Wrongful Death Lawsuit
NEW BERN, N.C. - Two medical doctors may testify that a decedent suffered a cardiac event before falling from his wheelchair, a North Carolina federal judge held March 1, also allowing an expert for the decedent's side to testify as to the cause of death (Gwendolyn Jackson Pinnix and Warren Ivan Jackson, executors of the estate of David W. Jackson Sr. v. SSC Silver Stream Operating Company LLC, No. 14-00161, E.D. N.C.; 2017 U.S. Dist. LEXIS 28679).
Judge: Insurer Not Liable For $2.6M In Punitive Damages Arising From Racetrack Death
PHILADELPHIA - A Pennsylvania judge on Jan. 20 found that a commercial umbrella liability insurer has no duty to indemnify its insured against $2.6 million in punitive damages that it paid to settle an underlying wrongful death and survival action, finding that consistent with Pennsylvania law and public policy, punitive damages based on the insured's direct liability may not be insured and, as a result, are not recoverable (Bensalem Racing Association, Inc., et al. v. Ace Property and Casualty Insurance Co., No. 4858, Pa. Comm. Pls., Philadelphia Co., 2017 Phila. Ct. Com. Pl. LEXIS 11).
Plaintiffs In Philadelphia Building Collapse Agree To $227 Million Settlement
PHILADELPHIA - The defendants found responsible for the 2013 collapse of a Salvation Army building in Philadelphia on Feb. 8 agreed to pay a total of $227 million to the 19 plaintiffs, those who were injured and the families of those killed in the collapse, according to a press release and media reports (Angelo Harmon, et al. v. The Salvation Army of Greater Philadelphia, et al., No. 130700720, Pa. Comm. Pls., Philadelphia Co.).
Alabama Supreme Court Reverses Summary Judgment In Medical Malpractice Suit
MONTGOMERY, Ala. - The Alabama Supreme Court on Feb. 17 reversed summary judgment in favor of a chiropractor and the clinic he owns after finding that a woman who claimed that she got blisters after being treated did not need to present an expert witness to determine whether the chiropractor breached the standard of care because her claims require only common knowledge (Betty Collins v. Herring Chiropractic Center LLC, et al., No. 1151173, Ala. Sup., 2017 Ala. LEXIS 14).
Ohio Federal Judge Rules On Remand In 5 MedMal Class Suits
CINCINNATI - An Ohio federal judge on Feb. 8 issued two remand orders and three orders denying remand in five separate class action complaints against various medical facilities where an orthopedic surgeon is alleged to have performed unnecessary procedures (Nicole Baker, et al. v. UC Health, et al., No. 16-853, S.D. Ohio, 2017 U.S. Dist. LEXIS 17899; Jacob Durham, et al. v. Cincinnati Children's Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 17897; Heather McCann, et al. v. West Chester Hospital, LLC, et al., No. 15-440, S.D. Ohio, 2017 U.S. Dist. LEXIS 17902; Lyndsey Middendorf, et al. v. West Chester Hospital, LLC, et al., No. 15-439, S.D. Ohio, 2017 U.S. Dist. LEXIS 17901; Dana Setters, et al. v. Journey Lite of Cincinnati, LLC, et al., No. 15-487, S.D. Ohio, 2017 U.S. Dist. LEXIS 17900).
8th Circuit Affirms Judgment In Medical Malpractice Suit
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 13 affirmed judgment in favor of the Mayo Clinic after finding that there was not enough evidence to support a breach of contract claim in an underlying medical malpractice suit where the plaintiff claimed that a surgeon failed to perform a final biopsy to determine if the surgery was necessary (Elliot Kaplan, et al. v. Mayo Clinic, et al., No. 15-2855, 8th Cir., 2017 U.S. App. LEXIS 2489).
Jury Awards $3.95 Million To Survivors Of Fatal Truck Crash
OCALA, Fla. - A Florida jury on Feb. 17 awarded a man and his daughter a total of $3.95 million in compensatory damages for the loss of two family members who were killed when a truck driver collided with their car, which had been disabled after being hit by a drunken driver; however, the jury found that the drunken driver was more responsible for the two deaths than the trucker (Eliezer Maldonado, et al. v. Wayne T. Fellows Inc., et al., No. 2013-CA-001308, Fla. 5th Jud. Cir. Marion Co.).
Federal Judge Dismisses Car Crash Suit Against South American Resort
BOSTON- A federal judge in Massachusetts on Feb. 10 granted a motion to dismiss in favor of a South American hotel and resort after finding that the court lacked personal jurisdiction over it because the plaintiffs cannot show that the resort's advertising in Massachusetts directly led to the plaintiffs' injuries at the resort (Karen Badia, et al. v. Hamanasi Adventure & Dive Resort, No. 16-cv-10252-LTS, D. Mass., 2017 U.S. Dist. LEXIS 19183).
Federal Judge: Accident Reconstruction Expert's Report Lacks Methodology
NASHVILLE, Tenn. - An insurer's motor vehicle accident investigation and reconstruction expert failed to provide reliable methodology in his report concerning an automobile accident involving its insured, a Tennessee federal judge ruled Jan. 30, excluding the testimony (Will Neal Jr. v. John Fort, No. 15-0425, M.D. Tenn., 2017 U.S. Dist. LEXIS 12411).
West Virginia High Court: Suit Arose Under Medical Professional Liability Act
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Feb. 9 affirmed a trial court's ruling that a premises liability claim is a claim for medical malpractice because the plaintiff's suit, alleging claims related to the wrongful death of her husband following a visit to a health care facility, arises under the West Virginia Medical Professional Liability Act (MPLA) (Joyce E. Minnich et al., v. MedExpress Urgent Care Inc. West Virginia d/b/a MedExpress Urgent Care South Charleston, No. 15-1148, W.Va. Sup., 2017 W. Va. LEXIS 62).
California Appeals Panel Reverses Summary Judgment In Premises Liability Suit
LOS ANGELES - A California appellate panel on Feb. 14 found that there are triable issues of material fact in a case in which a woman who was injured falling down the stairs of her apartment building alleged that the steps were made in a dangerous condition, reversing summary judgment that was granted to the landlords of the building the plaintiff lived in (Flora Guyumdzyhan v. Armen Nalbandyan, et al., No. B268084, Calif. App. 2nd Dist. Div. 4, 2017, Cal. App. Unpub. LEXIS 1041).
3rd Circuit Affirms Summary Judgment In Premises Liability Assault Case
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Feb. 9 affirmed a trial court's dismissal of a premises liability claim against a church in a suit where a man said the church was partially responsible for injuries he sustained on the church's property when he was attacked after a basketball game, finding that the church is immune from the premises liability claim under New Jersey law (Joshua Park v. Chodae Community Church, et al., No. 16-1532, 3rd Cir., 2017 U.S. App. LEXIS 2363).
10th Circuit Rejects Claim That Excessive Force In Search Caused Man's Suicide
DENVER - The federal government's use of at least 22 armed agents wearing bullet-proof vests to search for illegally taken Native American artifacts at the house of a Utah doctor who killed himself the day after the search does not constitute excessive force, the 10th Circuit U.S. Court of Appeals held Feb. 13 (Estate of James D. Redd, M.D. v. Daniel Love, et al., No. 16-4010, 10th Cir., 2017 U.S. App. LEXIS 2496).
Wyoming Man Sues Fracking Company For Injuries From Tank Explosion
CHEYENNE, Wyo. - A man working on a hydraulic fracturing rig on Dec. 29 sued an oil and gas company and its affiliate, contending that they are liable for injuries he suffered when a tank battery exploded during fracking operations in what the man contends was "one of the most violent and destructive events in the history of oil and gas operations in the State of Wyoming" (Brandon L. Chadwick v. Encana Oil & Gas USA Inc., No. 16-318, D. Wyo.).
Boston University CTE Center Opposes Handing Over Autopsy Reports To NHL
MINNEAPOLIS - The trustees of Boston University on Feb. 6 told the federal judge overseeing the National Hockey League concussion multidistrict litigation that the league has failed to "demonstrate with specificity" why it needs the research and autopsy reports conducted by the Boston University Chronic Traumatic Encephalopathy Center (CTE Center) and that compelling those documents would violate the privacy of the research subjects (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).
Houston Texans Oppose Motion To Remand Injury Suit To State Court
HOUSTON - The Houston Texans say in a Feb. 14 brief opposing remand that former National Football League player DeMeco Ryans' state law claims that he injured himself because of faulty turf are wrapped up in the collective bargaining agreement (CBA) he signed with the league and should be kept in federal court (DeMeco Ryans v. Houston Texans, et al., No. 4:16-cv-03554, S.D. Texas).
Judge: Ordinary Negligence Standard Applies To Boating Accident Case
GRAND RAPIDS, Mich. - A federal judge in Michigan on Feb. 8 found that a Michigan statute regulating watercraft declares that the operation of a boat is subject to a negligence standard of care (James Fastabend, next friend of C.F. v. Merle Karberg, et al., No. 15-cv-00386, W.D. Mich., 2017 U.S. Dist. LEXIS 17906).