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

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Headline Personal Injury Legal News from LexisNexis®



 



Texas Appeals Panel Reduces $8.4 Million Refinery Explosion Verdict
HOUSTON - A panel of the 14th District Texas Court of Appeals on March 29 reduced an $8.4 million award by approximately $1 million in a negligence suit stemming from an explosion at an oil refinery after finding that some of the damages were not supported by the evidence (Richard Cuevas, et al. v. Critical Path Resources Inc., No. 14-16-00036-CV, Tex. App. 14th Dist., 2018 Tex. App. LEXIS 2253).



Suit Filed Over Nursing Home Fire Deaths
PHILADELPHIA - The family of a woman who was killed in a fire at a nursing home sued the nursing home, the company that owns it and the company that maintains the sprinkler system on March 22, claiming that they were negligent and could have prevented the woman's death if they properly maintained the sprinkler system (Martin J. Malloy v. Barclay Friends, et al., No. 4274, Pa. Comm. Pls., Philadelphia Co.).



Missouri Appeals Panel Affirms $5.2 Million Verdict In Tent Injury Suit
ST. LOUIS - An appellate panel in Missouri on April 3 affirmed a $5.2 million verdict for a group of people who were injured by a tent that came out of the ground during a storm because there was enough evidence to show that the owners of a bar who put up the tent were negligent (Janet Martinez, et al. v. Kilroy Was Here LLC, et al., No. ED104708, Mo. App., Eastern Dist.).



Kentucky Appeals Panel Reverses Summary Judgment In Air Freshener Injury Suit
LEXINGTON, Ky. - A Kentucky appeals panel on April 6 reversed summary judgment in a suit where a man filed suit against his wife claiming that he was injured after being sprayed in the face by a motion-sensor air freshener she put in their bathroom and that his wife should have warned him about the dangers of the device (Charles William Pearson v. Paula Pearson, et al., No. 2016-CA-001391-MR, Ky. App., 2018 Ky. App. LEXIS 112).



Summary Judgment Granted For Defendants In Fatal Apartment Fire Lawsuit
LITTLE ROCK, Ark. - A federal judge in Arkansas on March 31 issued three opinions granting motions for summary judgement for an apartment building owner, the maker of a smoke detector and a city's fire department and ultimately dismissing claims including negligence, premises liability and product defect with prejudice brought by surviving family members of five people who were killed in an apartment fire (Furlandare Singleton, et al. v. Arkansas Housing Authorities & Casualty Self-Insured Fund Inc., et al., No. 4:15-cv-205-KGB, E.D. Ark., 2018 U.S. Dist. LEXIS 55688 [smoke detector opinion]).



10th Circuit Panel Reverses Summary Judgement In Cattle Death Suit
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on March 29 reversed summary judgment in a suit where a man was killed by cattle at a processing plant, finding that the danger of the cattle was not open and obvious because the man killed did not know the cattle would be unable to see an exit (Phyllis N. Gregory v. Creekstone Farms Premium Beef LLC, No. 17-3168, 10th Cir., 2018 U.S. App. LEXIS 7915).



California Appeals Panel Affirms Summary Judgment In Roof Fall Suit
LOS ANGELES - A California appeals panel on March 27 affirmed summary judgment to a landlord after finding that the landlord did not owe a duty to a man who was helping to fix an air conditioning unit and fell off a roof and died (Antoinette Rodriguez, et al. v. Hamilton Prototypes Inc., No. B278719, Calif. App., 2nd Dist., 2018 Cal. App. Unpub. LEXIS 2036).



New York High Court Orders Partial Judgment In Workplace Injury Suit
ALBANY, N.Y. - In a split decision, the New York Court of Appeals on April 3 overturned a trial court's decision to deny a man who was injured while working summary judgment on the issue of his employer's liability after finding that "to obtain partial summary judgment on defendant's liability [the injured man] does not have to demonstrate the absence of his own comparative fault" (Carlos Rodriguez v. City of New York, No. 32, N.Y. App., 2018 N.Y. LEXIS 793).



Louisiana Appeals Panel Reinstates Defense Verdict In Medical Malpractice Suit
BATON ROUGE, La. - A panel of the First Circuit Louisiana Court of Appeal on April 6 reversed a trial court's order granting judgment notwithstanding the verdict and monetary judgment in favor of the children of a woman who died because of the alleged negligent care of a hospital and its staff because the evidence at trial supported the defense verdict (J.C. Myles, et al. v. Hospital Service District No. 1 of Tangipahoa Parish, No. 2017-CA-1014, La. App., 1st Cir., 2018 La. App. LEXIS 607).



California Appeals Panel Reverses Dismissal Of Medical Malpractice Suit
LOS ANGELES - In an unpublished opinion released April 5, a panel of the Second District California Court of Appeal reversed a trial court's decision to dismiss a suit in which a community clinic and two of its doctors were accused of causing the death of a fetus, finding that the claim in the complaint is not based on wrongful death but rather medical malpractice (Ivette Rosales v. The Northeast Community Clinic, et al., No. B276465, Calif. App. 2nd Dist., 2018 Cal. App. Unpub. LEXIS 2314).



Illinois Appeals Panel Affirms Medical Malpractice Defense Verdict
CHICAGO - An Illinois appellate panel on March 26 affirmed a defense verdict in a medical malpractice lawsuit after finding that a doctor's challenge to three black prospective jurors was not prejudice and that the court did not err by allowing pediatric notes into evidence (Shellriece Smith v. Cezar B. Tolentino M.D., No. 1-17-0401, Ill. App., 1st Dist., 1st Div., 2018. Ill. App. Unpub. LEXIS 500).



New York Appeals Panel Affirms Dismissal Of Misdiagnosis Lawsuit
BROOKLYN, N.Y. - A panel of the Second Department New York Supreme Court Appellate Division on April 4 affirmed a defense verdict in a suit over a misdiagnosis after the panel found that the plaintiffs were given a fair trial despite the trial judge reprimanding their attorney (Xiao Yan Chen, et al. v. Maimonides Medical Center, et al., No. 2015-03286, N.Y. Sup., App. Div., 2nd Dept., 2018 N.Y. App. Div. LEXIS 2305).



Florida Appeals Panel Reverses Order For New Medical Malpractice Trial
DAYTONA BEACH, Fla. - An appellate panel in Florida on March 29 found that a trial court erred in granting a new trial to the husband of a man who died from a hemorrhage in a hospital because the jury's verdict did not go against the weight of the evidence (Saira Hashmi-Alikhan, M.D., et al. v. Geraldine J. Staples, No. 5D16-3735, Fla. App., 5th Dist., 2018 Fla. App. LEXIS 4431).



Appellate Majority Remands Medical Malpractice Suit For Filiation Hearing
SHREVEPORT, La. - A majority of a Louisiana Second Circuit Court of Appeal panel on March 28 found that a man filed suit in time and proved that he was an heir of a man who died after having a molar extracted, so he can pursue claims as the sole heir of the deceased (Phillip Deron Washington v. Magnolia Manor Nursing Home & Rehab, et al., No. 51,899-CA, La. App. 2nd Cir., 2018 La. App. LEXIS 562).



NFL MDL Concussion Judge Awards $112.5M In Attorney Fees and Costs
PHILADELPHIA - A federal judge in Pennsylvania overseeing the National Football League (NFL) concussion multidistrict litigation on April 5 awarded lead counsel for the class of former NFL players a total of $112.5 million in attorney fees and costs, citing the complexity and length of the litigation (In re: National Football League Players' Concussion Injury Litigation, MDL No. 2323, No. 12-md-2323, E.D. Pa.).



School District Settles For $7.1 Million In Football Injury Suit
SAN DIEGO - A teen who was severely injured playing high school football has settled with the school district he went to for $7.1 million, his attorney confirmed to Mealey Publications on April 9 (Rashaun Council v. Grossmont Union High School District, No. 201400021895, Calif. Super., San Diego Co.).



Federal Judge Rules On Claims, Affirmative Defenses In Toyota Rollover Suit
HANNIBAL, Mo. - A federal judge in Missouri on April 3 partially granted and partially denied a car maker's motion for summary judgment in a product defect suit and partially granted and partially denied the plaintiffs' motion for summary judgment on the car maker's affirmative defenses (Kristen Smith, et al. v. Toyota Motor Corporation, et al., No. 2:16CV24, E.D. Mo., 2018 U.S. Dist. LEXIS 56521).



Nebraska Appeals Panel Affirms Dismissal Of Truck Injury Claims
LINCOLN, Neb. - A Nebraska Court of Appeals panel on April 3 affirmed a trial court's dismissal of the complaint of a man who was injured when his truck rolled over because he did not allege sufficient facts to show that the two-year statute of limitations should have been tolled (Bryant A. Gardner v. Burkley Envelope Co., No. A-17-595, Neb. App., 2018 Neb. App. LEXIS 64).



Florida Appeals Panel Reverses Summary Judgment In Dog Injury Suit
TALLAHASSEE, Fla. - A panel of the First District Florida Court of Appeal on March 22 reversed summary judgment to a dog owner in a suit where a woman was injured when a dog collided into her because a sign warning did not sufficiently warn her and that assuming a risk does not bar her from bringing claims (Deborah Davison v. Rebecca Berg, No. 1D17-1481, Fla. App., 1st Dist., 2018 Fla. App. LEXIS 3949).



Pennsylvania Appeals Panel Affirms $0 Verdict In Dog Bite Suit
HARRISBURG, Pa. - In an unpublished opinion released April 3, a panel of the Pennsylvania Superior Court affirmed a jury's decision to enter a $0 verdict in a suit brought by a woman and her partner after the woman, who was a house cleaner, was bitten by the homeowners' dog, finding that a jury instruction was not confusing and that even if it was, no harm was caused by it and that the verdict did not go against the weight of the evidence (Margaret Anthony, et al. v. Sam Rizzo, et al., No. 1067 MDA 2017, Pa. Super., Pa. Super Unpub. LEXIS 1053).



Lawsuit Over Fatal Bus Accident Remanded To Pennsylvania State Court
PHILADELPHIA - A federal judge in Pennsylvania on March 30 granted a regional transit authority's motion for summary judgment on a federal claim that it disregarded the civil rights of the woman who was killed but remanded the remainder of the claims relating to a fatal bus accident to the Philadelphia County Court of Common Pleas after finding that he did not have jurisdiction over the state law claims (K.W., et al. v. Southeastern Pennsylvania Transportation Authority, et al., No. 16-05578, E.D. Pa., 2018 U.S. Dist. LEXIS 55319).



California Supreme Court Remands Classroom Stabbing Lawsuit
SACRAMENTO, Calif. - A majority of the California Supreme Court on March 22 found that a college owed a duty to protect a student who was stabbed by a mentally disturbed man during a chemistry class after finding that colleges do have a special relationship with students and that the college owes a duty to protect the student (The Regents of the University of California v. The Superior Court of Los Angeles County, No. S230568, Calif. Sup., 2018 Cal. LEXIS 1971).



Georgia Appeals Panel Affirms Partial Dismissal In Premises Liability Suit
ATLANTA - A panel of the Third Division Georgia Court of Appeals on March 14 affirmed a trial court's decision to dismiss negligence claims based on constructive notice in a premises liability suit after finding that Georgia's Recreational Property Act (RPA) bars a woman's negligence claims based on constructive knowledge (Marie Handberry v. Stuckey Timberland Inc., No. A17A1944, Ga. App., 3rd Div., 2018 Ga. App. LEXIS 187).



Texas Appeals Panel Revives Claims In Bee Sting Death Lawsuit
WACO, Texas - A panel of the 10th District Texas Court of Appeals on March 14 found that a trial court erred in granting summary judgment on a family's claim of negligent undertaking and intentional and strict liability nuisance in a suit in which they claim that their sister was killed after sustaining several stings from bees that came from her neighbor's garage because the evidence showed that the land owner had previously tried, and failed, to eradicate the bees (James Nichols, et al. v. Steve McKinney, No. 10-16-00037-CV, Texas App., 10th Dist., Tex. App. LEXIS 1889).



Appeals Panel Affirms Production Of Incident Report In Slip-And-Fall Suit
RALEIGH, N.C. - A panel of the North Carolina Court of Appeals on March 20 affirmed a trial court's decision to grant a motion to compel discovery to a woman who injured herself when slipping in a parking lot because the incident report was not protected by attorney client privilege and the defendants did not show that the incident report was made in the anticipation of litigation (Paula Saunders v. Hull Property Group LLC, et al., No. COA-17-1115, N.C. App., 2018 N.C. App. LEXIS 254).



Michigan Appeals Panel Affirms Summary Disposition In Slip-And-Fall Suit
DETROIT - A Michigan Court of Appeals panel on March 15 affirmed summary disposition for a store after finding that a woman who slipped in the store and her husband sued the wrong entity and that their claims were barred by res judicata (Lydia Thomas, et al. v. Dollar General Corporation, et al., No. 337013, Mich. App., 2018 Mich. App. LEXIS 568).



Ohio Appeals Panel Affirms Summary Judgment In Premises Liability Suit
CANTON, Ohio - An appellate panel in Ohio on March 19 affirmed a trial court's decision to grant summary judgment to a country club in a premises liability suit where a man claims that he was injured by stepping into a valve box between a parking lot and a patio bar, agreeing that the danger was open and obvious (Scott Armstrong v. Lakes Golf & Country Club, No. 17 CAE 08 0054, Ohio App. 5th Dist. Delaware Co., 2018 Ohio App. LEXIS 1093).



Georgia Federal Judge Denies Summary Judgment In Parking Lot Fall Suit
AUGUSTA, Ga. - A federal judge in Georgia on March 20 denied a restaurant's motion for summary judgment in a premises liability suit after finding that a woman who broke her hip after falling in a parking lot presented a genuine dispute as to whether the restaurant had constructive knowledge of an uneven patch of pavement, which allegedly caused the woman to fall (Linda Knoeferl v. Cracker Barrel Old Country Store Inc., No. 1:16-CV-152, S.D. Ga., 2018 U.S. Dist. LEXIS 45594).



California Jury Awards $12.3 Million In Punitives Over Negligent Surgery
FRESNO, Calif. - A jury in California state court on March 20 awarded $12.3 million in punitive damages to the family of a man who is now in a coma because of the negligence of a doctor who left the man on the operating table before his chest was fully stitched up, bringing the total amount of damages to more than $68 million (Maria A. Arteaga Alvarez v. Fresno Community Regional Medical Center, et al., No. 13CECG03906, Calif. Super., Fresno Co.).



Ohio Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
AKRON, Ohio - An appellate panel in Ohio affirmed summary judgment for a hospital and a doctor on March 14 in a medical malpractice suit after finding that a man's claims were barred by the one-year statute of limitations (Erwin Cartwright v. Akron General Medical Center, et al., No. 28744, Ohio App., 9th Dist., Summit Co., 2018 Ohio App. LEXIS 996).



Texas Appeals Panel Says Expert Qualified In Health Care Liability Suit
TYLER, Texas - A panel of the Texas 12th District Court of Appeals on March 21 affirmed a trial court's denial of a motion to dismiss in a health care liability suit because a woman who claimed that her husband died because of a hospital and doctor's failure to hydrate him had an expert who was qualified to testify (Oceans Behavioral Healthcare of Longview, et al. v. Nancy Butler, No. 12-17-00297-CV, Texas App., 12th Dist., 2018 Tex. App. LEXIS 2017).



Appeals Court Finds Expert's Opinions Do Not Support Summary Judgment Ruling
DETROIT - A Michigan appeals panel on March 13 overturned a trial court judge's ruling awarding partial summary judgment to a plaintiff in a medical malpractice suit, finding that the judge erred when granting the motion without first deciding if expert testimony submitted on behalf of the plaintiff was admissible under Daubert v. Merrell Dow Pharmaceuticals Inc. (Victor Khzouz, et al. v. Stephen Mendelson M.D., et al., No. 333901, Mich. App., 2018 Mich. App. LEXIS 475).



Arkansas Appeals Panel Affirms Dismissal Of Medical Malpractice Suit
LITTLE ROCK, Ark. - A panel of the Second Division Arkansas Court of Appeals on March 14 affirmed a trial court's decision to dismiss a medical malpractice claim after finding that the claims against a doctor were barred by the two-year statute of limitations (Curtis Motley Jr. v. Michael Sifford M.D., No. CV-17-701, Ark. App., Div. 2, 2018 Ark. App. LEXIS 212).



Injured Cyclist Sues Designers, Builders, Inspector Of Collapsed Bridge
MIAMI - A cyclist who was injured when a car swerving to avoid debris from a bridge that collapsed on the campus of Florida International University sued the entities involved in the bridge's design, construction and inspection on March 19 in Florida state court, contending that the defendants breached their duties to ensure that the public was safe while the bridge was being built (Marquise Rashaad Hepburn v. Figg Bridge Engineers Inc., et al., No. 2018-008144-CA-01, Fla. Cir., Miami-Dade Co.).



California Jury Awards $30 Million To Family Of Man Killed By Cone Crusher
LOS ANGELES - A California jury on March 19 awarded $30 million in damages to the family of a man who was crushed to death by a portable cone crusher while working (Johnny Anaya, et al. v. General Equipment and Supplies Inc., No. BC594187, Calif. Super., Los Angeles Co.).



Georgia High Court Affirms Denial Of Dismissal In Product Liability Suit
ATLANTA - The Georgia Supreme Court on March 15 unanimously held that a trial court did not err in denying a tire maker's motion to dismiss after finding that a woman who sued the company claiming that its tire was defective and led to her husband's car crash, which later led to his death, did not have a duty to preserve evidence (Cooper Tire & Rubber Co. v. Renee Koch, No. S17G0654, Ga. Sup., 2018 Ga. LEXIS 176).



Federal Judge Limits Expert Testimony In Product Defect Suit
HANNIBAL, Mo. - A federal judge in Missouri on March 13 ruled that an expert may not testify that a car that rolled over was in the same condition at the time of the crash as when it was first purchased but said the expert may testify that, in his opinion, a rollover was caused by a design defect in the car (Kristen Smith, et al. v. Toyota Motor Corporation, et al., No. 2:16CV24, E.D. Mo., 2018 U.S. Dist. LEXIS 40777).



West Virginia High Court Vacates $1.2 Million Workplace Injury Suit
CHARLESTON, W.Va. - A West Virginia Supreme Court of Appeals majority on March 12 reversed a $1.2 million verdict for a man who was injured when he fell through a grate at work after finding that there was not enough evidence to suggest that the company he worked for was deliberately indifferent and ordered the trial court to grant the company's motion for judgment (FirstEnergy Generation LLC v. James J. Muto, et al., No. 17-0067, W.Va. Sup., 2018 W. Va. LEXIS 185).



Federal Judge Partially Grants Motion To Dismiss Cruise Ship Death Claims
MIAMI - A federal judge in Florida on March 23 partially granted a cruise line's motion to dismiss claims related to a woman's death on a cruise ship after finding that the daughter of the deceased did not properly allege negligent hiring and retention; however, the judge found that the claims for direct negligence and vicarious liability were properly pleaded (Printiss Jackson-Davis v. Carnival Corporation, No. 17-24089, S.D. Fla., 2018 U.S. Dist. LEXIS 48218).



Michigan Appeals Panel Affirms $158,000 Verdict In Negligence Suit
DETROIT - A Michigan Court of Appeals panel on March 20 affirmed a $158,000 verdict for a woman who was injured after tripping over a dolly being moved by an employee of a catering service, finding that trial court did not err in denying the catering company's motion for summary disposition or its motion for a directed verdict (Susan Schmunk v. Olympia Entertainment Inc., No. 334321, Mich. App., 2018 Mich. App. LEXIS 695).



Pedestrian Sues New Jersey Insurance Guaranty Association For Personal Injuries
PATERSON, N.J. - A pedestrian seeks damages in a March 13 complaint filed in a New Jersey court from the state's insurance guaranty association for injuries from a vehicle accident caused by the negligence of an unknown driver (Claudia Hunter v. The New Jersey Property-Liability Insurance Guaranty Association, et al., No. PAS-L-000868-18, N.J. Super., Passaic Co.).



Michigan Appeals Panel Affirms Denial Of Judgment In Slip-And-Fall Suit
TROY, Mich. - A Second District Michigan Court of Appeals panel on Feb. 27 partially affirmed a trial judge's denial of summary disposition to defendants in a slip-and-fall suit but ordered the trial court to re-examine in light of the Michigan Supreme Court's decision in Lowrey v. LMPS & LMPJ, Inc., W2d 344 (2016), which calls into question previous case law regarding premises liability (Gregory Smith v. Amberdeen Village Association, et al., No. 335511, Mich. App., 2nd Dist., 2018 Mich. App. LEXIS 366).



Indiana Court Of Appeals Reverses Summary Judgment In Shooting Lawsuit
INDIANAPOLIS - A panel of the Indiana Court of Appeals on March 7 found that a trial court erred in granting summary judgment to a restaurant after finding that it owed a duty to protect a woman who was shot in the face because employees of the restaurant failed to call the police or diffuse a fight before it escalated (Amber Hamilton v. Steak 'n Shake Operations Inc., No. 49A02-1704-CT-776, Ind. App., 2018 Ind. App. LEXIS 87).



11th Circuit Panel Affirms Summary Judgment In Gunshot Case
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on March 2 affirmed a trial court's decision to grant summary judgment to a bank in a negligence suit after finding that a trial court did not err in finding that the bank was not responsible for a man who was shot while dropping off a deposit after hours (Michael Bonner, et al. v. Trustmark Corp., et al., No. 17-13800, 11th Cir., 2018 U.S. App. LEXIS 5479).



10th Circuit Affirms Summary Judgment In Skiing Accident Suit
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on March 5 affirmed summary judgment for a ski resort after finding that a man's injuries sustained from a skiing accident were part of the inherent risk of skiing (Michael Roberts, et al. v. Jackson Hole Mountain Resort Corporation, No. 17-8018, 10th Cir., 2018 U.S. App. LEXIS).



Causation Opinions Allowed In Yosemite National Park Cabin Hantavirus Suit
SAN FRANCISCO - Both general causation and specific causation opinions of five experts for a man who says the negligence of a Yosemite National Park lodging company caused him to contract hantavirus while staying at the park are sufficiently reliable for a jury to hear, a California federal judge held Feb. 23 (In re: National Park Hantavirus Litigation, No. 14-md-02532, (Christopher J. Harrison, et al. v. DNC Parks & Resorts at Yosemite, Inc., et al., No. 14-cv-0451, N.D. Calif., 2018 U.S. Dist. LEXIS 29742).



Panel Majority Affirms Summary Disposition In Premises Liability Lawsuit
DETROIT - A majority of a panel of the Michigan Court of Appeals on March 8 affirmed a trial court's decision to grant summary disposition to a landlord in a slip-and-fall suit after finding that ice on a sidewalk was clearly visible and did not make the sidewalk unusable (Jenna S. Afholter v. Phillip C. Matuk, No. 336059, Mich. App., 2018 Mich. App. LEXIS 429).



Federal Magistrate Judge Denies Summary Judgment In Premises Liability Suit
INDIANAPOLIS - A federal magistrate judge in Indiana on March 1 denied a store's motion for summary judgment in a premises liability suit after finding that a woman who injured herself after tripping on a mat outside of a store presented enough evidence for a jury to find that the mat was hazardous (Tina Lauray, et al. v. Menard Inc., No. 1:16-cv-00929, S.D. Ind., 2018 U.S. Dist. LEXIS 33360).



Massachusetts Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
BOSTON - A panel of the Massachusetts Appeals Court on Feb. 28 affirmed summary judgment for a grocery store in a slip-and-fall suit after finding that a woman who slipped on a sign could not show that the store had constructive notice (Donna Katin v. Stop & Shop Company LLC, No. 17-P-345, Mass. App., 2018 Mass. App. Unpub. LEXIS 194).



Texas Appeals Panel Affirms Defense Verdict In Premises Liability Suit
HOUSTON - A Texas appellate panel affirmed a defense verdict in a premises liability suit on March 6 after finding that a trial court did not err in excluding the corporate owner of a fast food restaurant in the jury charge and that she did not object to the charge at the time (Maribel Woodard v. McDonalds' Corporation, et al., No. 01-17-00204-CV, Texas App., 1st Dist., 2018 Tex. App. LEXIS 1672).



Georgia Supreme Court Reverses $22 Million Medical Malpractice Verdict
ATLANTA - The Georgia Supreme Court on March 5 unanimously reversed a $22 million verdict and ordered a new trial in a medical malpractice suit after finding that the trial court erred by giving the jury an instruction on ordinary negligence (Southeastern Pain Specialists P.C. v. Sterling Brown Sr., et al., No. S17G0732, Dennis Doherty M.D. v. Sterling Brown Sr., et al., No. S17G0733, Southeastern Pain Ambulatory Surgery Center LLC v. Sterling Brown Sr., et al., No. S17G0737, Ga. Sup., 2018 Ga. LEXIS 151).



South Carolina High Court Finds Medical Malpractice Expert Can Testify In Suit
COLUMBIA, S.C. - The South Carolina Supreme Court on Feb. 28 reversed a trial court decision dismissing a medical malpractice action after finding that the plaintiff's expert affidavit was not defective and that the expert had the experience to testify to the standard of care (Johnny Eades, et al. v. Palmetto Primary Care Physicians LLC, et al., No. 27770, S.C. Sup., 2018 S.C. LEXIS 16).



Louisiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
LAKE CHARLES, La. - A Third District of the Louisiana Court of Appeal panel on March 7 affirmed a trial court's grant of summary judgment to a doctor after finding that a man who was injured following surgery on his shoulder did not present enough evidence to show that the standard of care was breached (Justin Thomas v. Otis Rashad Drew M.D., et al., No. 17-818, La. App., 3rd Cir., 2018 La. App. LEXIS 419).



Ohio Appeals Panel Affirms Summary Judgment For University Hospital
COLUMBUS, Ohio - A panel of the 10th District Ohio Court of Appeals on Feb. 27 affirmed summary judgment in favor of a university hospital after finding that a man who claimed to be the victim of a botched shoulder surgery filed his suit after the one-year statute of limitations had expired (Frederick George v. University of Toledo Medical Center, No. 17AP-559, Ohio App., 10th Dist., 2018 Ohio App. LEXIS 740).



Georgia Appeals Panel Reverses Summary Judgment In Dental Malpractice Suit
ATLANTA - A Georgia appeals panel on March 1 found that a trial court erred in granting summary judgment to a dentist and his practice after finding that the two-year statute of limitations was tolled because of the evidence of fraud in a dental malpractice suit (Ursula MacDowell v. Steven M. Gallant, et al., No. A17A1864, Ga. App., 1st Div., 2018 Ga. App. LEXIS 144).



Georgia Appeals Panel Orders Summary Judgment In Medical Malpractice Suit
ATLANTA - A panel of the Second Division Georgia Court of Appeals on March 2 found that a trial court erred in denying summary judgment for a hospital in a malpractice suit after finding that the widow of a man who died from heart disease needed an expert affidavit in her complaint against the hospital because her claims sounded in professional negligence (St. Mary's Health Care System Inc. v. Jacqueline Roach, No. A17A1582, Ga. App., 2nd Div., 2018 Ga. App. LEXIS 151).



Health Care Company Moves For Dismissal In Suit Filed By Casey Kasem's Widow
TACOMA, Wash. - The sole remaining defendant in a personal injury and wrongful death lawsuit filed in a Washington federal court by the widow of radio and TV personality Casey Kasem on Feb. 14 moved for dismissal and summary judgment, arguing that she fails to state any set of facts that would entitle her to relief (Jean Kasem v. Kerri Helen Kasem, et al., No. 3:17-cv5461, W.D. Wash., 2017 U.S. Dist. LEXIS 185411).



North Carolina High Court Finds Dram Shop Claim Properly Dismissed
RALEIGH, N.C. - In a 4-3 decision, a majority of the North Carolina Supreme Court on March 2 reversed a lower appellate court ruling and affirmed a trial court's dismissal of a dram shop claim against a hotel owner after finding that a woman who died from alcohol poisoning was just as negligent as the hotel owner in causing her death (Thomas A.E. Davis v. Hulsing Enterprises, et al., No. 160A16, N.C. Sup., 2018 N.C. LEXIS 64).



Massachusetts High Court Affirms Dismissal In Student Injury Suit
BOSTON - The Judicial Supreme Court of Massachusetts on Feb. 27 affirmed a lower court's dismissal of a suit against a city and its school system because the defendants are immune from claims that they were negligent for failing to stop bullying that resulted in a student becoming paralyzed (Alyssa Cormier, et al. v. Lynn, et al., No. SJC-12323, Mass. Sup., 2018 Mass. LEXIS 91).



Surviving Family Members File Suit Against Alleged Serial Killer's Family
PHILADELPHIA - The families of three men who were allegedly murdered by Cosmo Dinardo filed three separate wrongful death lawsuits against the alleged killer's family in the Philadelphia County Court of Common Pleas on March 5, claiming that his family should have known that he was mentally ill and should not have allowed him to possess firearms (Bonnie L. Finocchiaro, et al. v. Sandra DiNardo, et al., No. 04303, Richard L. Patrick, et al. v. Cosmo DiNardo, et al., No. N.A., Melissa Fratanduono-Meo v. Sandra DiNardo, et al., No. 00948, Pa. Comm. Pls., Philadelphia Co.).



Federal Judge Denies Summary Judgment In Spilled Hot Water Suit
MIAMI - A federal judge in Florida on Feb. 26 denied a cruise company's motion for summary judgment after finding that a reasonable jury could find that a waiter on a cruise ship who spilled hot water on a patron should have used a teapot with a lid to prevent the spill (Valissa Richard v. Carnival Corporation, No. 17-22594, S.D. Fla., 2018 U.S. Dist. LEXIS 30681).



Arizona Jury Awards Family $6.5 Million In Salmonella Outbreak Suit
PHOENIX - A jury in Arizona federal court on March 1 awarded a family $6.5 million in relation to a salmonella outbreak that affected a couple's son and required him to undergo brain surgery (James Craten, et al. v. Foster Poultry Farms, No. 2:15-02587, D. Ariz.).



Federal Judge Bars Certain Evidence, Arguments In Product Defect Suit
AIKEN, S.C. - A federal judge in South Carolina on March 6 ordered that plaintiffs who claim that they were injured in a car crash because of a defective tire not introduce evidence on a tire maker's post-sale duty to warn or remedial measures or changes to the tire in question but will allow the plaintiffs to introduce evidence on similar situations involving the tire and post-manufacture changes (Maria Davenport, et al. v. Goodyear Dunlop Tires North America LTD, et al., No. 1:15-cv-03752, D. S.C., 2018 U.S. Dist. LEXIS 36008).



Causation, Defects Opinions Permitted In Weedwacker Personal Injury Suit
PHILADELPHIA - A medical expert is sufficiently qualified to opine that a Sears Craftsman Weedwacker caused a man's back injuries, a Pennsylvania federal judge held March 2 while also trimming an ergonomics expert's testimony to one opinion on how the Weedwacker's faulty design led to the injuries (Thomas Hagan v. Sears Appliance and Hardware Store, et al., No. 16-6461, E.D. Pa., 2018 U.S. Dist. LEXIS 34190).



California Appeals Panel Affirms $7.4 Million Verdict In Product Defect Suit
SACRAMENTO, Calif. - In an unpublished opinion released March 2, a California appellate panel affirmed $7.4 million verdict in a product defect suit after finding that there was sufficient evidence to show that a truck's ball joints were the cause of a crash and that the trial court did not err in allowing the plaintiffs' expert to testify to a new opinion not expressed during the deposition (Robert Dunlap, et al. v. Folsom Lake Ford, No. C076900, Calif. App., 3rd Dist., 2018 Cal. App. Unpub LEXIS 1410).