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

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Illinois Supreme Court Orders Partial Summary Judgment In Medical Negligence Suit
SPRINGFIELD, Ill. - In a 4-3 decision issued Dec. 29, a majority of the Illinois Supreme Court found that a hospital cannot be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an independent clinic, reversing a lower appellate court's answer to a certified question in a medical negligence suit (Christina Yarbrough, et al. v. Northwestern Memorial Hospital, et al., No. 121367, Ill. Sup., 2017 Ill. LEXIS 1304).



Appeals Panel Reverses Order Denying Judgment In Medical Malpractice Suit
LAKE CHARLES, La. - A panel of the Third Circuit Louisiana Court of Appeal on Jan. 4 reversed a trial court decision to deny a doctor summary judgment in a medical malpractice suit after finding that the trial court erred by finding that an expert report was not necessary in a suit where a woman claimed that a doctor's inaction led to her husband dying from a brain tumor (April Ferguson, et al. v. Progressive Acute Care Avoyelles LLC., et al., No. 17-563, La. App., 3rd Cir., 2018 La. App. LEXIS 8).



Tennessee Appeals Panel Partially Reverses Judgment In Medical Negligence Suit
NASHVILLE, Tenn. - A panel of the Tennessee Court of Appeals on Dec. 19 reversed a trial court decision to grant judgment to a doctor who is alleged to have hurt a patient by shaking her hand too hard because Tennessee's Health Care Liability Act does not apply to a handshake from a doctor, but affirmed its decision to grant judgment on her claims that the doctor did not properly document her medical records because the woman did not follow the presuit requirements as required by the act (Deborah Lacy v. Meharry General Hospital, et al., No. M2016-01477-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 816).



Indiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
INDIANAPOLIS - A panel of the Indiana Court of Appeals on Dec. 29 affirmed summary judgment in a medical malpractice suit after finding that a woman who sued a gastrologist and the practice he worked for over her husband's death filed suit against them after the statute of limitations had expired (Nancy McDaniel v. William C. Erdel M.D., et al., No. 49A05-1612-CT-2759, Ind. App., 2017 Ind. App. LEXIS 885).



North Carolina Panel Reverses Summary Judgment In Medical Malpractice Suit
RALEIGH, N.C. - A North Carolina Court of Appeals panel on Jan. 2 reversed summary judgment granted to a doctor and his employer in a medical malpractice suit after finding that the guardian of a man who became disabled after brain surgery presented enough evidence to show that the three-year statute of limitations did not expire when she refiled the suit against the defendants (Krista Ragsdale v. John M. Whitley, et al., No. COA17-860, N.C. App., 2018 N.C. App. LEXIS 16).



Michigan Appeals Panel Affirms 'No Cause' Verdict In Medical Malpractice Suit
DETROIT - A panel of the Michigan First District Court of Appeals on Dec. 26 affirmed a jury's "no cause of action" verdict in favor of the defendants in a medical malpractice suit after finding that the trial court did not err by barring the estate of a woman who died following knee surgery (Estate of Patricia A. Watland v. Ali J. Manns, et al., No. 331563, Mich. App., 1st Dist., 2017 Mich. App. LEXIS 2137).



Iowa Appeals Panel Affirms Summary Judgment In Medical Negligence Suit
DES MOINES, Iowa - A panel of the Iowa Court of Appeals on Dec. 20 affirmed summary judgment for a hospital after finding that a man who claimed that he was injured by a nurse when she inserted a catheter did not have a causation expert (Albert Carter v. Genesis Health System, No. 17-0045, Iowa App., 2017 Iowa App. LEXIS 1247).



Louisiana Panel Finds Nursing Home Breached Standard Of Care, Affirms Verdict
LAKE CHARLES - A Louisiana appeals court on Dec. 13 affirmed a verdict and judgment in favor of the family of a nursing home resident who fell and fractured her neck while unsupervised, finding that the evidence submitted at trial supported a finding that the nursing home breached the standard of care for a nursing home (Marguerite Fugler Cardwell v. Oaks Care Center LLC, et al., Nos. 17-420 and 17-421, La. App., 3rd Cir., 2017 La. App. LEXIS 2331).



Magistrate Judge Partially Grants, Denies Summary Judgment In Premises Liability Suit
DENVER - A federal magistrate judge in Colorado on Jan. 3 partially granted a motion for summary judgment by dismissing a claim for exemplary damages against the owners of a cow that a driver crashed into, injuring a woman who was passenger in the car, but denied the motion as to a negligence claim against the owners (Tamara Bryant v. State of Colorado Department of Transportation, et al., No. 16-CV-01638, D. Colo., 2018 U.S. Dist. LEXIS 901).



New Jersey Appeals Panel Reverses Directed Verdict In Premises Liability Suit
NEWARK, N.J. - A New Jersey Superior Court Appellate Division panel on Dec. 29 reversed a trial court decision to grant a directed verdict in a premises liability suit after finding that a condominium association and its property manager had a duty to maintain common areas and replace a railing in the center of the stairs in a condominium building (Thomas G. Lechler, et al. v. 303 Sunset Avenue Condominium, et al., No. A-1095-16T3, N.J. Super., App. Div., 2017 N.J. Super. LEXIS 175).



Texas Appeals Panel Affirms Summary Judgment In Golf Course Accident Suit
SAN ANTONIO - A panel of the Fourth District Texas Court of Appeals on Dec. 20 affirmed judgment in favor of a country club and its contractors because a man who injured himself while golfing signed a contract barring his claims and did not present enough evidence showing that the course and its contractors committed gross negligence (Tom McCloskey v. The Clubs of Cordillera LP, et al., No. 04-17-00234-CV, Texas App., 4th Dist., 2017 Tex. App. LEXIS 11772).



West Virginia High Court Affirms Verdict In Premises Liability Suit
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Jan. 5 upheld a trial court's pretrial decision to deny a university's motion for summary judgment in a premises liability suit in which a student was injured while playing basketball in a pool at a university and ultimately affirmed an $80,000 verdict in favor of the plaintiff (West Liberty University Board of Governors, et al., v. Stewart Lane, No. 16-0942, W.Va. Sup. App., 2018 W.Va. LEXIS 17).



Illinois Appeals Panel Affirms Summary Judgment In Premises Liability Suit
ELGIN, Ill. - A panel of the First District Illinois Appellate Court on Dec. 19 found that a trial court did not err in granting summary judgment to a grocery store after finding that a woman who slipped in oil was unable to show that the hazard was caused by an employee of the grocery store (Adela Pantoja v. Pete's Fresh Market 4700 Corporation, No. 1-17-0679, Ill. App., 1st Dist., 2016 Ill. App. Unpub. LEXIS 2680).



Reliance On Expert Testimony About Hole In City Sidewalk Upheld
LANSING, Mich. - A Michigan trial court properly denied summary disposition to the city of Ann Arbor, Mich., on a woman's slip-and-fall action based on testimony from the woman's expert that a sidewalk was so poorly maintained that it meets the sidewalk exception to the municipality's immunity from suit, a state appeals court held Dec. 26 (Helen Levenson v. City of Ann Arbor, No. 336231, Mich. App., 2017 Mich. App. LEXIS 2133).



Federal Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on Jan. 3 affirmed summary judgment for a restaurant in a slip-and-fall suit after finding that the plaintiff did not present enough evidence to show that the restaurant had actual or constructive knowledge of the liquid she slipped on (Linda Ritch v. Carrabbas Italian Grill LLC, No. 17-5032, 10th Cir., 2018 U.S. App. LEXIS 91).



Washington Appeals Panel Affirms Summary Judgment In Premises Liability Suit
TACOMA, Wash. - In an unpublished opinion released Dec. 19, a Washington appeals panel affirmed summary judgment for a pizza restaurant after finding that a man who injured himself after a chair at the restaurant broke did not show that the restaurant had constructive knowledge of the hazard (Mark Haubrich v. The Pizza Specialists Inc., No. 49540-6-II, Wash. App., Div. 2, 2017 Wash. App. LEXIS 2876).



Federal Judge Partially Grants Summary Judgment In Slip-And-Fall Suit
COLUMBUS, Ga. - A federal judge in Georgia on Dec. 29 partially granted and partially denied a big box store's motion for summary judgment in a slip-and-fall suit after finding that a man who slipped while entering the store presented a genuine issue of material fact over whether the store took precautions to prevent patrons from falling (David Hart v. Walmart Stores East LP, No. 4:16-CV-374, M.D. Ga., 2017 U.S. Dist. LEXIS 212895).



Judge Denies Reconsideration Of Ruling Barring Expert In Failure-To-Warn Case
TRENTON, N.J. - A New Jersey federal judge on Dec. 29 denied a bid by a woman seeking to hold a personal watercraft maker liable for injuries she received in a fall from a watercraft to have the judge reconsider his decision to exclude the woman's expert, finding that he "did not overlook or commit error as to any of the grounds raised for reconsideration" (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 1:15-cv-49, D. N.J., 2017 U.S. Dist. LEXIS 213635).



Judge Affirms Decision To Keep Deposition In Premises Liability Suit In U.S.
OWENSBORO, Ky. - A federal judge in Kentucky on Jan. 3 affirmed a magistrate judge's decision to deny a motorcycle company's motion to have a deposition in a product liability suit in Japan after finding that it would be inconvenient for all attorneys to travel to Japan and less of an inconvenience for a corporate representative to travel to California for a deposition (Derek Schall v. Suzuki Motor of America, Inc., et al., No. 4:14-cv-00074, W.D. Ky., 2018 U.S. Dist. LEXIS 873).



Kentucky Appeals Panel Affirms Summary Judgment In Workplace Injury Suit
LEXINGTON, Ky. - A panel of the Kentucky Court of Appeals on Jan. 5 affirmed a trial court's decision to grant summary judgment to a temporary work agency after finding that a woman's claims that she was injured in a car crash while on her way to pick up her paycheck are barred under the exclusivity provision of the Kentucky Workers' Compensation Act (Cheryl L. Deems v. Minute Men Inc., No. 2014-ca-002051, Ky. App., Ky. App. LEXIS 19).



Car Passenger Injured By Derailed Amtrak Train Files Suit In Washington Court
SEATTLE - A man who was injured when an Amtrak train derailed and landed on a car in which he was a passenger filed suit in Washington state court on Jan. 4 against the train company, claiming that the train was moving too fast to negotiate a curve (Blaine Wilmotte, et al. v. National Railroad Passenger Corporation, No. 18-2-00455-1, Wash. Super. King Co.).



Woman Injured In Amtrak Derailment Files Suit In Washington State Court
SEATTLE - A woman who was in one of the cars of the Amtrak train that derailed on its inaugural trip from Seattle to Portland, Ore., sued the train company in Washington state court on Jan. 3, alleging that she sustained serious injuries because of the derailment (Pennie Cottrell v. National Railroad Passenger Corporation, No. 18-2-00341-5, Wash. Super., King Co.).



Assault Victim Loses Case Against Concert Organizers After Expert Excluded
MADISON, Wis. - The organizers of a music festival in Wisconsin were awarded summary judgment by a federal judge Dec. 29 on negligence claims filed by a man who was assaulted at the event after the judge found that the opinions of the plaintiff's expert were inadmissible, unsupported conclusions (Joshua Milligan v. Rock on the River, Inc., et al., No. 16-cv-498, W.D. Wis., 2017 U.S. Dist. LEXIS 213195).



California Appeals Court Vacates $5.6M Risperdal Wrongful Death Verdict
LOS ANGELES - A California appeals panel on Jan. 3 vacated a $5.6 million Risperdal wrongful death verdict, finding that negligence turned more on medical malpractice than it did drug maker liability (Marion Liu, et al. v. Janssen Research & Development, LLC, Nos. B269318 and B270332, Calif. App., 2nd Dist., Div. 5, 2018 Cal. App. Unpub. LEXIS 47).



Tribe's Trespass Claim Against Officers In Wrongful Death Case Heads To High Court
WASHINGTON, D.C. - The 2007 shooting death of a Ute Tribe member during a police chase, which has been the subject of several lawsuits, reached the U.S. Supreme Court for the second time with the Dec. 12 filing of a petition for a writ of certiorari by police officers involved in the chase seeking reversal of a 10th Circuit U.S. Court of Appeals ruling sending part of the dispute to tribal court for resolution (Vance Norton, et al. v. The Ute Indian Tribe of the Uintah and Ouray Indian Reservation, et al., No. 17-855, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4942).



Suit Over Man's Death In Farm Accident Proceeds Without Plaintiffs' Expert
VALDOSTA, Ga. - A Georgia federal judge on Dec. 28 declined to strike testimony from a toxicology expert for a couple accused of causing a man's death by failing to train him on how to use a farm tractor but excluded testimony from an expert for the dead man's relatives after finding that it is not relevant to the relatives' negligence action against the couple (Melissa Pearson, et al. v. Harold Dillingham, et al., No. 7:16-cv-54, M.D. Ga., 2017 U.S. Dist. LEXIS 212244).



Federal Judge Partly Grants Motion For Protective Order In Wrongful Death Dispute
BALTIMORE - In accordance with the Health Insurance Portability and Accountability Act (HIPAA) and its implanting regulations, a Maryland federal judge on Dec. 19 issued a disclosure order authorizing health care providers to disclose a decedent's protected health information in the presence of plaintiff's counsel in a wrongful death and negligence lawsuit and also issued a qualified protective order authorizing third parties to disclose the decedent's protected health information pursuant to traditional discovery mechanisms (Gwendolyn Lynch v. SSC Glen Burnie Operating Company, LLC, No. 17-1328, D. Md., 2017 U.S. Dist. LEXIS 208948).



Jury Awards $12 Million To People Injured In Alabama Bus Crash
BIRMINGHAM, Ala. - An Alabama jury on Dec. 11 awarded a total of $12 million in damages to a group of plaintiffs who were injured when a bus driver became unconscious at the wheel and crashed into a ravine (Charlyse E. Williams, et al. v. Birmingham-Jefferson County Transit Authority, et al., No. CV-2015-900100.00, Ala. Cir., Jefferson Co.).



Magistrate Limits Crash Expert's Testimony Due To Untimely Disclosure
SAN ANTONIO - An accident reconstruction expert in a personal injury case can testify only about the opinions he offered in his initial report because new opinions he offered while being deposed were not disclosed in a timely manner, and the "failure to do so is neither substantially justified nor harmless," a Texas federal magistrate judge ruled Jan. 4 (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2018 U.S. Dist. LEXIS 1407).



Missouri Judge Affirms $110 Million Verdict In Talcum Powder Suit
ST. LOUIS - A state court judge in Missouri on Nov. 29 upheld a $110 million verdict in a product liability suit against talcum powder makers Johnson & Johnson and Imerys Talc Powder after affirming that the state court had jurisdiction over the case and that a woman who claimed that talcum powder was the cause of her ovarian cancer presented sufficient evidence for the jury to render its verdict (Lois Slemp v. Johnson & Johnson, et al., No. 1422-CC09326-01, Mo. Cir., 22nd Jud.).



California Jury Adds $4.6M In Punitive Damages To $17.5M Asbestos-Talc Verdict
OAKLAND, Calif. - A California jury on Dec. 11 added $4.6 million in punitive damages after finding two talc companies liable for $17.5 million in compensatory damages for a man's asbestos-related mesothelioma (Booker v. Vanderbilt Minerals, No. RG15796166, Calif. Super., Alameda Co.).



Federal Magistrate Won't Reconsider Ruling On Counterclaims In Misfiring Suit
MIAMI - A Florida magistrate federal judge on Dec. 12 denied a request to reconsider his October ruling in which he re-designated counterclaims by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire as an affirmative defense and refused to strike it (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 204027).



Jury Awards $48 Million To Family Of Child Tortured And Killed
CHICAGO - A jury in Illinois state court on Dec. 13 awarded the family of an 8-year-old girl who was tortured and killed by her grandmother $48 million in damages after finding that a doctor who worked with the state's child protective services was negligent in failing to recognize the signs of abuse (Juan Mercado v. Norell Rosado, No. 14 L 007337, Ill. Cir., Cook Co.).



Rhode Island High Court Affirms Summary Judgment In Medical Malpractice Suit
PROVIDENCE, R.I. - The Rhode Island Supreme Court on Dec. 8 unanimously affirmed a trial court's decision to grant summary judgment to two nurses in a medical malpractice suit after finding that the language of a state law barred the claims brought against them because their employer was released of liability when it settled with the plaintiff (Michelle Hall v. Kim Hornby, R.N., et al., No. 2016-281, R.I. Sup., 2017 R.I. LEXIS 124).



Indiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
INDIANAPOLIS - A panel of the Indiana Court of Appeals on Dec. 13 affirmed summary judgment to an ambulance company and its employees after finding that a complaint alleging that the paramedics were the partial cause of a woman's death was filed after the two-year statute of limitations had expired (Betty J. Rumell v. Osolo Emergency Medical Services, Inc., et al., No. 20A03-1704-CT-747, Ind. App., 2017 Ind. App. LEXIS).



Surviving Family Members File Medical Negligence Suit Against United States
NEW ORLEANS - The widower and daughter of a woman who died from breast cancer filed a medical negligence suit in Louisiana federal court on Dec. 8 against the United States of America, claiming that employees who worked at a federally funded health center failed to diagnose the woman's cancer, which ultimately led to her death (Jay Holt Fulmer, et al. v. The United States of America, No. 2:17-cv-15943, E.D. La.).



Louisiana Appeals Panel Affirms Summary Judgment In Hotel Slip-And-Fall Suit
SHREVEPORT, La. - A panel of the Second Circuit Louisiana Court of Appeal on Dec. 13 affirmed a trial court's decision to grant summary judgment to hotel in a suit where a woman who injured herself in her room's bathroom after being scared at seeing an infestation of ants because the woman could not prove that the hotel knew or should have known about the infestation (Deborah Kennedy v. Red River Entertainment of Shreveport LLC, No. 51,760-CA, La. App., 2nd Cir., 2017 La. App. LEXIS 2317).



Federal Judge Grants Summary Judgment To Hotel In Assault Suit
PHILADELPHIA - A federal judge in Pennsylvania on Dec. 15 granted a hotel's motion for summary judgment to a hotel after finding that a woman who claims that she was assaulted by a massage therapist employed by a gym in the hotel did not provide a cause of action to "hold the hotel liable for the torts of the independent contractor gym" (Elena Myers Court v. Loews Philadelphia Hotel, Inc., et al., No. 16-4848, E.D. Pa., 2017 U.S. Dist. LEXIS 206378).



Kansas Appeals Panel Affirms Summary Judgment In Premises Liability Suit
TOPEKA, Kan. - A panel of the Kansas Court of Appeals on Dec. 15 affirmed a trial court's decision to grant an auto parts store summary judgment after finding that a woman who injured herself after tripping over a step on the way out of the store knew about the hazard and the store did not owe a duty (Christina Bonnette v. Triple D. Auto Parts Inc., No. 116,578, Kan. App., 2017 Kan. App. LEXIS 88).



New Jersey Appeals Panel Orders New Trial in Premises Liability Suit
TRENTON, N.J. - In an unpublished opinion released Dec. 7, a two-judge panel of the New Jersey Superior Court Appellate Division vacated a $434,000 verdict and ordered a new trial in a premises liability suit after finding that the verdict sheet was confusing to jurors and the attorney of a woman who injured herself on a flight of steps discussed fixes the owners made to the building after the accident, which goes against the New Jersey Rules of Evidence (Caritza Soler Torres v. Khamis Sumrein, et al., No. A-4887-15T1, N.J. Super., App. Div., N.J. Super. Unpub. LEXIS 3020).



Federal Judge Grants Summary Judgment To Airlines In Premises Liability Suit
NEW YORK - A federal judge in New York on Dec. 12 granted summary judgment to two airlines after finding that an expert report presented by a woman who injured herself while walking on a plane is not sufficient under the Federal Rules of Evidence and that the hazard the woman injured herself on was open and obvious (Valentina Rodriguez v. British Airways PLC, et al., No. 17-CV-03691, E.D. N.Y., 2017 U.S. Dist. LEXIS 204217).



Franchisor's Home Inspector Owed No Duty To Third Party, Tennessee High Court Says
NASHVILLE, Tenn. - The majority of the Tennessee Supreme Court on Nov. 21 determined that a franchisor's home inspector owed no duty of care to a homeowner's guest who was injured after falling off the homeowner's deck, which was inspected by the franchisee, because the franchisee owed a duty of care only to the homeowner (Charles Grogan v. Daniel Uggla et al., No. M2014-01961-SC-R11-CV, Tenn. Sup., 2017 Tenn. LEXIS 725).



California Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
FRESNO, Calif. - In an unpublished opinion released Dec. 4, a panel of the Fifth District California Court of Appeal affirmed summary judgment in a premises liability suit after finding that the plaintiff did not show that employees of a county-run senior center did not have actual or constructive knowledge of a puddle on which a woman slipped (Martha Rijos v. County of Kern, No. F073292, Calif. App., 5th Dist., 2017 Cal. App. Unpub. LEXIS 8267).



Mississippi Appeals Panel Affirms Summary Judgment In Dog Bite Suit
JACKSON, Miss. - A Mississippi Court of Appeals panel on Dec. 5 affirmed summary judgment to the Humane Society of South Mississippi after finding that it did not owe a duty under the dangerous propensity rule to a woman who was bitten by a dog it gave away (Beulah M. Thibodeaux v. The Humane Society of South Mississippi, No. 2016-CA-01627-COA, Miss. App., 2017 Miss. App. LEXIS 661).



Insurer: Insured Made False Representations As To Ownership Of Pit Bull Mix
LANCASTER, Pa. - A homeowners insurer recently asked a Pennsylvania court to grant it summary judgment in its declaratory judgment lawsuit challenging coverage for an underlying personal injury lawsuit arising from an alleged dog bite (Donegal Mutual Insurance v. Jennifer Lynn Telepchak, No. 16-04816, Pa. Comm. Pls., Lancaster Co.).



Texas Appeals Panel Affirms Directed Verdict Decision In Car Crash Suit
HOUSTON - An appellate panel in Texas on Dec. 12 affirmed a trial court's decision to deny motions for directed verdict in a car crash suit after finding that the evidence supported the jury's finding that a city and a family were partially responsible for a car accident because of an obscured stop sign (Phillip McKnight, et al. v. Matthew Calvert, No. 01-16-00429-CV, Texas App., 1st Dist., 2017 Tex. App. LEXIS 11498).



Pennsylvania Supreme Court Affirms $2 Million Verdict In Medical Negligence Suit
HARRISBURG, Pa. - The Pennsylvania Supreme Court in a Nov. 22 divided opinion affirmed a $2 million verdict in a medical negligence suit after finding that a man who filed a survival action under Medical Care Availability and Reduction of Error Act (MCARE) against a hospital and a nursing home filed suit within the two-year statute of limitations under the act because the statute of limitations begins at the time of death and not the injury (Robert Dubose v. Willowcrest Nursing Home, et al., No. 21 EAP 2016, Pa. Sup. 2017 Pa. LEXIS 3103).



Alabama Supreme Court Upholds Summary Judgment In Medical Malpractice Suit
MONTGOMERY, Ala. - In a split decision, the majority of the Alabama Supreme Court on Dec. 1 affirmed a lower court's decision to grant summary judgment to a hospital in a medical malpractice suit but did so without authoring an opinion (Jerry Coleman v. Anniston HMA LLC, No. 1151212, Ala. Sup., 2017 Ala. LEXIS 132).



Montana Supreme Court Reverses Summary Judgment In Medical Malpractice Suit
HELENA, Mont. - The Montana Supreme Court on Nov. 28 unanimously held that a trial court erred in granting summary judgment to a doctor and his practice in a medical negligence suit after finding that a woman who was injured during a knee surgery filed her suit within the statute of limitations (Yvonne Wilson v. Rodney D. Brandt M.D., et al., No. DA 17-0075, Mont. Sup., 2017 Mont. LEXIS 692).



Illinois Supreme Court Affirms Reinstating Wrongful Death Claim
SPRINGFIELD, Ill. - The Illinois Supreme Court on Nov. 30 unanimously affirmed a decision from an Illinois appeals court to reinstate a wrongful death claim in a medical malpractice suit because the claim was not barred by the four-year statute of repose (Sheri Lawler v. University of Chicago Medical Center, et al., No. 120745, Ill. Sup., 2017 Ill. LEXIS 120745).



Indiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
INDIANAPOLIS - A panel of the Indiana Court of Appeals on Nov. 21 affirmed summary judgment as to causation in favor of a couple who sued a doctor who allegedly failed to properly treat a woman's ankle pain because the doctor did not raise a genuine issue of fact (Edward E. Bell M.D. v. Joan Barmore, et al., No. 22A01-1706-CT-1368, Ind. App.).



Federal Judge Partially Grants Summary Judgment In Medical Malpractice Suit
CAMDEN, N.J. - A federal judge in New Jersey on Nov. 29 granted summary judgment to four doctors in a medical malpractice suit because the plaintiff's expert does not practice the same kind of medicine as they do, but denied their hospital's motion for summary judgment and remanded the medical malpractice suit to state court (Jerrylinn Kirkland-Rodriguez, et al. v. Cooper University Health Care, et al., No. 1:16-cv-3999, D. N.J. 2017 U.S. Dist. LEXIS 195833).



N.M. Appeals Court Orders Directed Verdict Be Vacated In Medical Malpractice Suit
SANTA FE, N.M. - In a split decision, the Arizona Supreme Court on Nov. 20 affirmed a lower appellate court's decision to reverse a stipulated directed verdict in a medical malpractice suit after finding that the statute of repose expired in the suit where a woman claimed that her doctor failed to warn her about a mass which led to ovarian cancer (Sara Cahn v. John D. Berryman M.D., No. S-1-SC-35302, N.M. Sup., 2017 N.M. LEXIS 91).



Woman Files Suit In Federal Court Over Birth Defects
FORT MYERS, Fla. - A woman who gave birth to a child who is unable to use his arm filed suit in Florida federal court against the United States on Nov. 15, claiming that a government-funded hospital was negligent during the delivery of her child (Arnecia Santiago v. United States of America, No. 2:17-cv-00621, M.D. Fla.).



Nebraska Appellate Panel Affirms Summary Judgment In Premises Liability Suit
OMAHA, Neb. - A panel of the Nebraska Court of Appeals on Nov. 28 affirmed a lower court's grant of summary judgment to a veterinary hospital after finding that a woman who alleged that she slipped in a puddle of water did not present enough evidence to show that the hospital had constructive knowledge of the hazard (Laura Gless, et al. v. Dritley Properties, et al., No. A-16-978, Neb. App., 2017 Neb. App. LEXIS 230).



California Appeals Panel Reverses Summary Judgment In Car Crash Suit
LOS ANGELES - A California appeals court on Nov. 29 reversed summary judgment in favor of a school district after finding that a couple involved in a car crash with a school police officer presented enough evidence to show that an employee of the school district may have misled the couple about the connection between the school district's police department and the school district (Jennalyn Santos, et al. v. Los Angeles Unified School District, No. B278391, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 1057).



Expert Can Opine On Correctness Of Brain Injury Test, Magistrate Says
SAN ANTONIO - A neuropsychologist can testify as an expert witness on the appropriateness of using a computer-based test called the "Starry Night" test in diagnosing a traumatic brain injury because he is sufficiently qualified and his testimony is reliable, a Texas federal magistrate judge ruled Dec. 1 in a personal injury lawsuit (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2017 U.S. Dist. LEXIS 197558).



Suit Filed Over Truck Explosion In Minnesota Federal Court
MINNEAPOLIS - A woman who was severely burned because of an explosion caused by a faulty hose in a truck filed suit in Minnesota federal court on Nov. 28 against the maker of the hose (Eemou See, et al. v. Swagelok Company, No. 0:17-cv-05237, D. Minn.).



Airline Expert Permitted To Testify In Injured Worker's Negligence Action
MIAMI - An aviation industry expert can testify about whether the training received by a worker who was injured in an aircraft-moving tractor from an employee of the company that made the tractor was adequate but cannot offer opinions on the sales contract for the tractor because doing so involves issues of law, a Florida federal magistrate judge held Nov. 30 (Roy Maltez v. Trepel Airport Equipment GMBH, No. 16-24465, S.D. Fla., 2017 U.S. Dist. LEXIS 196458).



Appeals Court: Assault Case Against Pharmacy Doesn't Require Expert Report
HOUSTON - A Texas appeals court on Nov. 30 affirmed a lower court in finding that a man who claims that he was assaulted by a pharmacist did not need to file an expert report with his suit because he did not file a health care liability suit (Walgreen Co. v. Charles Stewart, No. 01-17-00080-CV, Texas App. 1st Dist., 2017 Tex. App. LEXIS 11161).



Panel: Assault And Battery Exclusion Bars Coverage For Claims Arising From Shooting
DENVER - The 10th Circuit U.S. Court of Appeals on Nov. 20 affirmed a lower court's finding that an insurance policy's assault and battery exclusion barred coverage for an underlying shooting at a concert by a security officer hired by the insured (Event Security, LLC, et al. v. Essex Insurance Co., No. 17-6073, 10th Cir., 2017 U.S. App. LEXIS 23292).