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Mississippi Supreme Court Orders Summary Judgment In Medical Malpractice Suit
JACKSON, Miss. - A majority of the Mississippi Supreme Court on Feb. 1 found that a trial court erred in denying summary judgment to a hospital in a medical malpractice suit because the plaintiff failed to provide expert medical testimony in support of her claims (Jackson HMA v. Evelyn Harris, No. 2016-IA-01364-SCT, Miss. Sup., 2018 Miss. LEXIS 51).



Florida Jury Awards $109.7 Million In Medical Malpractice Suit
TAMPA, Fla. - A Florida state court jury on Jan. 26 awarded $109.7 million to a woman who was injured as a result of a botched cyst removal performed by a doctor employed by the University of South Florida (USF) (Lisa-Marie Carter v. University of South Florida Health, et al., No. 12-ca-009942, Fla. Cir., Hillsborough Co., 13th Jud.).



Pennsylvania Jury Awards $40 Million To Parents In Birth Defect Suit
MEDIA, Pa. - A jury in Pennsylvania state court on Jan. 23 awarded $40 million in damages to the parents of a child after finding that the child sustained a spine injury due to the negligence of a doctor and his practice during her birth (Alex Charlton, et al. v. Steven M. Troy, et al., No. 13-001549, Pa. Comm. Pls., Delaware Co.).



Pennsylvania Superior Court Affirms $5 Million Medical Malpractice Verdict
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on Jan. 30 affirmed a $5 million verdict in a medical malpractice suit after finding that the daughter of a man who died because of a misplaced feeding tube presented enough evidence to show that a radiologist breached the standard of care (Anita E. Tong -Summerford v. Abington Memorial Hospital, et al., No. 3114 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 68).



Texas Federal Judge Approves Settlement In Medical Malpractice Suit
LUBBOCK, Texas - A federal judge in Texas approved a settlement between three doctors and a woman who claimed that the doctors failed to diagnose a bacterial infection in her ex-husband, which led to his death (Connie Shofner v. Fawwaz Shoukfeh M.D., et al., No. 5:15-cv-00152-C, N.D. Texas).



Mississippi Appeals Panel Affirms Dismissal Of Medical Malpractice Suit
JACKSON, Miss. - A Mississippi Court of Appeals panel on Feb. 6 found that a trial court did not err in excluding the testimony of a medical expert for a man who was injured during a esophagogastroduodenoscopy (EGD) and affirmed the dismissal of a medical malpractice suit that arose from the injury (Otis Fipps v. Greenwood Leflore Hospital, No. 2016-CA-01141-COA, Miss. App., 2018 Miss. App. LEXIS 53).



United States Drops Appeal Over $40.7 Million Birth Defect Judgment
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 2 granted a motion from the United States to dismiss an appeal of a $40.7 million judgment in a suit in which a couple claimed that a doctor at a federally funded facility was negligent and caused their baby to have birth defects (Christina Late, et al. v. United States of America, No. 17-2467, 3rd Cir.).



Judge: Lack Of Causation Evidence Fatal To Woman's Suit Against Nursing Home
LOUISVILLE, Ky. - A woman's failure to present any causation evidence demonstrating that misconduct by staff at a nursing home caused her mother's death resulted in a federal judge in Kentucky's Feb. 7 ruling to award summary judgment to the facility (Janice Colston v. Regency Nursing LLC, No. 16-cv-0050-GNS, W.D. Ky., 2018 U.S. Dist. LEXIS 19757).



New Jersey Appeals Panel Affirms Dismissal Of Medical Malpractice Suit
JERSEY CITY, N.J. - A panel of the New Jersey Superior Court Appellate Division on Jan. 29 affirmed the dismissal of a medical malpractice suit against a doctor and the practice he worked for after finding that the estate of a woman did not file a timely appeal over the dismissal of the suit (Estate of Patricia Grieco v. Hans J. Schmidt M.D., et al., No. A-0756-16T4, N.J. Super., App. Div., 2018 N.J. Super Unpub. LEXIS 205).



Panel Affirms Partial Judgment In Medical Malpractice Suit
LAKE CHARLES, La. - A panel of the Third District Louisiana Court of Appeal on Feb. 7 affirmed a ruling from a trial court that claims against a hospital in a medical malpractice suit are subject to a state law that caps general damages against political subdivisions to $500,000 (Brandi Billeaudeau, et al. v. Opelousas General Hospital Authority, et al., No. 17-735, La. App., 3rd Cir., 2018 La. App. LEXIS 215).



Arbitration Ordered in Daughter's Suit Alleging Poor Care Caused Father's Death
ASHLAND, Ky. - A Kentucky federal judge on Feb. 7 sustained a nursing home's motion to compel arbitration and enjoin a daughter from pursuing claims that poor care ultimately cost her father his life in state court or any manner other than arbitration, finding that the arbitration agreement signed by her father was binding (Diversicare Leasing Corp., et al. v. Rose Hutchinson, et al., No. 17-42, E.D. Ky., 2018 U.S. Dist. LEXIS 19752).



Iowa Appellate Panel Affirms Summary Judgment In Medical Malpractice Suit
DES MOINES, Iowa - An Iowa Court of Appeals panel on Feb. 7 affirmed summary judgment for a doctor in a medical malpractice suit after finding that an expert for a woman who claimed that she was given an unnecessary hysterectomy was not qualified to testify on the applicable standard of care (Kim M. Johnson-Krueger v. Angela J. Aldrich, No. 17-0827, Iowa App., 2018 Iowa App. LEXIS 104).



New Jersey Federal Judge Dismisses Medical Malpractice Suit
TRENTON, N.J. - A federal judge in New Jersey on Feb. 9 granted a motion by three doctors to dismiss a medical malpractice suit against them after finding that the court does not have jurisdiction over the case, in which a woman claimed that she contracted an infection after a surgery (Francie Meth v. Thomas Jefferson Hospitals Inc., et al., No. 3:17-CV-13323, D. N.J., 2018 U.S. Dist. LEXIS 21312).



Georgia Supreme Court Affirms Summary Judgment In Suit Over Student's Death
ATLANTA - A teacher whose students "engaged in horseplay" that led to the death of one of the students while she was away from the classroom is immune from negligence claims because her actions were discretionary, a majority of the Georgia Supreme Court found Jan. 29 (Jena Barnett, et al. v. Phyllis Caldwell, No. S17G0641, Ga. Sup., 2018 GA LEXIS 41).



$41.5M Award For Girl's Tick Bite Disease, Expert Rulings Upheld By 2nd Circuit
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 6 affirmed a $41.5 million jury award against a private school in Connecticut for negligence in a lawsuit claiming that a student contracted tick-borne encephalitis (TBE) during a school trip to China, finding that the trial court did not abuse its discretion in its expert witness rulings (Orson D. Munn, III, et al. v. The Hotchkiss School, No. 14-2410, 2nd Cir., 2018 U.S. App. LEXIS 2852).



Jury Awards $70.5 Million To Woman Raped On Cruise Line
FORT LAUDERDALE, Fla. - A Florida jury on Jan. 29 awarded a waitress on a cruise line $70.5 million after finding that her employer was negligent in failing to protect her from a co-worker who raped her (Samantha Baca v. Island Girl LTD, No. 16-003324, Fla. Cir., 17th Jud., Broward Co.).



Tennessee Appeals Panel Adds Property Owners Back To Slip-And-Fall Suit
NASHVILLE, Tenn. - A panel of the Tennessee Court of Appeals on Jan. 30 found that a woman who slipped and injured herself in a grocery store was allowed to refile claims against the property owners and found that a trial court erred in dismissing the property owners because the woman's claims against them were not barred by the one-year statute of limitations (Mary L. Scales v. H.G. Realty Co., et al., No. M2017-00906-COA-R3-CV, Tenn. App., 2018 Tenn. App. LEXIS 56).



Federal Judge Partially Grants Motion To Compel In Premises Liability Suit
MONTGOMERY, Ala. - A federal judge in Alabama on Feb. 1 partially granted and denied a plaintiff's motion to compel in a premises liability suit and ruled that a company that owns a clinic where a woman fell out of her wheelchair must turn over information related to the plaintiff but that information related to other doctors not involved in her care will not be turned over in discovery (John W. Washington v. Bio-Medical Application of Alabama Inc., No. 2:17-cv-855, M.D. Ala.).



Summary Disposition Reversed In Gas Station Slip-And-Fall Lawsuit
DETROIT - A majority of a Michigan Court of Appeals panel on Feb. 6 found that a trial court erred in granting summary disposition for a gas station in a premises liability suit after finding that ice that a man slipped on was not open and obvious and there is a question of fact over whether the gas station had constructive notice of the ice (Ken Young v. Walton Oil Inc., No. 333794, Mich. App., 2018 Mich. App. LEXIS 226).



Mississippi Appeals Panel Affirms Summary Judgment In Diving Accident
JACKSON, Miss. - A panel of the Mississippi Court of Appeals on Jan. 23 affirmed summary judgment for a pool owner after finding that there was no question over whether the pool owner owed a duty to a man who was injured diving in his pool (Andrew McConnell v. Carl Hogan, No. 2016-CA-01520-COA, Miss. App., 018 Miss. App. LEXIS 29).



Washington Appeals Panel Affirms Summary Judgment In Premises Liability Suit
SEATTLE - In an unpublished opinion released Feb. 5, a Washington appellate panel affirmed a trial court's decision to grant summary judgment to a couple who owned a home because a woman who fell and injured herself recognized that the step she fell on was dangerous before she fell and she was not a business invitee and was not owed a duty of protection (Shawna L. Akin v. Julie McKelvey, et al., No. 75725-3-I, Wash. App., Div. 1, 2018 Wash. App. LEXIS 267).



7th Circuit Panel Affirms Summary Judgment In Premises Liability Suit
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on Jan. 29 affirmed summary judgment for a hardware store after finding that the store did not owe a duty to a man who was injured when rolls of insulation fell on his shoulder because the danger was open and obvious (Larry Dunn v. Menard Inc., No. 17-1870, 7th Cir., 2018 U.S. App. LEXIS 2144).



Kentucky Appeals Panel Affirms Summary Judgment In Premises Liability Suit
LEXINGTON, Ky. - A Kentucky Court of Appeals panel on Jan. 26 affirmed summary judgment for a couple who owned a property and a couple who boarded their horse on a property in a premises liability suit in which a woman claimed that she was trampled by the horse after finding that the defendants did not owe the plaintiff a duty to protect her from the horse (Sarah Jane Groves, et al. v. John Woods Sr., et al., No. 2016-CA-001546, Ky. App., 2018 Ky. App. LEXIS 59).



'Alt-Right' Activist Files Motion To Dismiss Charlottesville Injuries Suit
CHARLOTTESVILLE, Va. - Richard Spencer, a man seen by many as the leader of the "alt-right" movement, on Jan. 30 moved to dismiss a case brought by eight people claiming that they were injured during a free speech rally in August, saying the essence of the claims against him and other "alt-right" leaders and organizations is a "conspiracy theory" (Elizabeth Sines, et al. v. Jason Kessler, et al., No. 3:17-cv-00072, W.D. Va.).



2nd Circuit Backs Judge's Decision To Bar Expert In Suit Over Saw Injury
NEW YORK - A Connecticut federal judge did not err in excluding expert testimony for a man's product liability claims against a company that makes saws, the Second Circuit U.S. Court of Appeals held Jan. 31, saying the judge was correct that the expert was not qualified enough to offer his opinions (Eustathios Karavitis v. Makita U.S.A., Inc., No. 17-1008, 2nd Cir., 2018 U.S. App. LEXIS 2328).



Pedestrian Sues New Jersey Insurance Guaranty Association For PIP Benefits
NEWARK, N.J. - In a personal injury lawsuit, a pedestrian filed a complaint on Jan. 16 in a New Jersey state court alleging that the state's insurance guaranty association is wrong to refuse him personal injury protection (PIP) benefits (Edward DeVaughn v. New Jersey Property-Liability Insurance Guaranty Association, No. ESX-L-000318-18, N.J. Super., Essex Co.).



Pedestrian Seeks Benefits From New Jersey Insurance Guaranty Association
NEWARK, N.J. - A pedestrian injured in a car accident filed a complaint on Jan. 2 in a New Jersey court against the state's insurance guaranty association, seeking personal injury protection (PIP) benefits (Deborah Yarrell v. New Jersey Property-Liability Insurance Guaranty Association, No. ESX-L-000007-18, N.J. Super., Essex Co.).



North Dakota Judge Finds Cap On Medical Malpractice Damages Unconstitutional
BISMARCK, N.D. - Finding that North Dakota's cap on damages for medical malpractice damages are unconstitutional, a judge in North Dakota state court on Jan. 5 denied a hospital and a doctor's motion to reduce damages awarded to a woman who was injured after a doctor performed a test to determine if she had cancer cells in her lymph nodes (Chenile Condon v. St. Alexius Medical Center, et al., No. 08-2014-CV-01904, N.D. Dist., Burleigh Co.).



Appeals Panel Orders Medical Malpractice Trial Be Held In Philadelphia
HARRISBURG, Pa. - A panel of the Pennsylvania Superior Court on Jan. 18 reversed a trial court's order to transfer a medical malpractice and wrongful death suit to a different venue after finding that the court abused its discretion because there is no evidence that a trial in the original court would be "vexatious" (Paige Moody, et al. v. Lehigh Valley Hospital-Cedar Crest, No. 3580 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 28).



Illinois Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
CHICAGO - In an unpublished opinion issued Jan. 18, a panel of the Fifth District Illinois Appellate Court affirmed a defense verdict for a doctor in a medical malpractice case after finding that the trial court did not err in declining to issue a missing evidence instruction to the jury and in finding that the verdict was not against the weight of the evidence (Robert A. Thompson v. Donald Serot M.D., No. 5-16-0508, Ill. App., 5th Dist., 2018 Ill. App. Unpub. LEXIS 70).



Montana Supreme Court Affirms Summary Judgment In Medical Malpractice Suit
HELENA, Mont. - The Montana Supreme Court on Jan. 16 unanimously affirmed a trial court's decision to grant summary judgment in a medical malpractice suit after finding that a man who claimed he was prematurely discharged from a hospital and improperly prescribed pills failed to file an expert affidavit with his suit as required by Montana law (Harry Richards v. Kalispell Regional Medical Center, et al., No. 17-0302, Mont. Sup., 2018 Mont. LEXIS 8).



Expert's Opinions Were Contradicted By Medical Records, Florida Majority Affirms
MIAMI - The majority of a Florida appeals court on Jan. 17 found that the opinions of a plaintiff's expert did not have sufficient evidentiary weight to be submitted to the jury, affirming a lower court's judgment notwithstanding a jury verdict in a lawsuit against a nursing facility and its administrators (Robert Siegel, etc., v. Cross Senior Care, Inc., et al., No. 3D16-600, Fla. App., 3rd Dist., 2018 Fla. App. LEXIS 498).



Michigan Appeals Panel Upholds Defense Verdict In Dental Malpractice Suit
DETROIT - A Michigan appellate panel on Jan. 11 upheld a defense verdict in a medical malpractice suit after finding that the trial court did not err in barring the plaintiff from submitting hearsay evidence (Susan Iskenderian v. Lindsey Wurtzel DDS, et al., No. 333905, Mich. App., 2018 Mich. App. LEXIS 64).



Appeals Panel Affirms Dismissal Of Medical Malpractice Suit
ST. PAUL, Minn. - A Minnesota appellate panel on Jan. 16 affirmed the dismissal of a medical malpractice suit against a doctor and the practice he worked, ruling that the trial court did not err in finding that the plaintiff's expert affidavit did not sufficiently show a chain of causation (Ludwig P. Sansom v. Jack W. Gordon, et al., No. A17-0721, Minn. App., 2018 Minn. App. LEIS 38).



Speculative Opinion Pared From Expert Testimony In Medical Malpractice Action
ST. LOUIS - An expert witness for a minor asserting medical malpractice claims cannot offer an opinion that injuries to the minor limit the youth's ability to stand or walk to "perhaps as much as a maximum of four hours per day" because it is only speculation, though the expert's other testimony is admissible, a Missouri federal judge ruled Jan. 12 (J.B. v. Missouri Baptist Hospital of Sullivan, et al., No. 4:16-cv-01394, E.D. Mo., 2018 U.S. Dist. LEXIS 5785).



Appeals Panel Orders Rehab Center To Pay Full Wrongful Death Verdict
SALT LAKE CITY - A panel of the Utah Court of Appeals on Jan. 19 vacated a judgment that had a rehab center pay only 65 percent of a verdict in a wrongful death suit after finding that it should have been held liable for the actions of one of its nurses and remanded the suit so that the trial court can order it to pay the full $1.4 million verdict (Shaunna Lane v. Provo Rehabilitation and Nursing, No. 20160472-CA, Utah App., 2018 Utah App. LEXIS).



Massachusetts Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
BOSTON - An appellate panel in Massachusetts on Jan. 8 affirmed a defense verdict in a medical malpractice suit where a man claimed that a doctor was responsible for his wife's death because of negligence during her knee surgery after finding that the trial court did not err by allowing portions of co-defendant's deposition testimony to be read to the jury (Philip Hasouris v. Khaled A. Sorour, No. 16-P-1269, Mass. App., 2018 Mass. App. LEXIS 3).



Delaware Supreme Court Upholds Judgment In Gas Station Slip-And-Fall Suit
WILMINGTON, Del. - The Delaware Supreme Court on Jan. 8 unanimously affirmed a decision to grant summary judgment to a gas station that was sued by a man who slipped on ice, finding that the continuing storm doctrine applies to this case because there is no evidence that the gas station could have removed the ice while it continued to rain (Michael Laine v. Speedway LLC, No. 149, 2017, Del. Sup., 2018 Del. LEXIS 6).



Appeals Panel Affirms Decision To Deny Dismissal Of Premises Liability Suit
CORPUS CHRISTI, Texas - A panel of the 13th District Texas Court of Appeals on Jan. 17 affirmed a trial court's decision to deny a motion for jurisdiction in a premises liability suit after finding that a woman who injured herself at a concert on city property showed a question of fact over whether the city knew about the hazard (City of Hidalgo, et al. v. Mary Leah Hodge, No. 13-16-00695-CV, Texas App., 13th Dist., 2018 Tex. App. LEXIS 519).



Judge Partially Grants, Denies Motion For Summary Judgment In Slip-And-Fall Suit
DETROIT - A federal judge in Michigan on Jan. 12 partially granted and partially denied a pet store's motion for summary judgment in a suit where a woman claimed that she was injured after slipping in the store because she showed that the store had notice of the hazard (Jeanne Taylor v. PetSmart Inc., No. 17-cv-10151, E.D. Mich., 2018 U.S. Dist. LEXIS 5763).



California Appeals Panel Affirms Summary Judgment In Premises Liability Suit
LOS ANGELES - In an unpublished opinion issued Jan. 16, a panel of the Second District California Court of Appeal found that a trial court did not err in granting a bank summary judgment in a premises liability suit after finding that a woman who fell in the bank's parking lot did not present enough evidence to create a triable issue of fact (Laura Tevanyan v. JPMorgan Chase Bank N.A., No. B278948, Calif. App., 2nd Dist., 2018 Cal. App. Unpub. LEXIS 308).



Woman Files Suit Following Injury On Amusement Park Ride
EVERETT, Wash. - A woman who fell off of a ride in an amusement park in Washington filed suit on Dec. 22 against the owners of the amusement park and the unknown operator of the ride, claiming that all were negligent because she was not secured in the ride that caused her to fall out and injure herself (Breonna Countryman v. John Doe, et al., No. 17-2-12380-31, Wash. Super., Snohomish Co.).



Illinois Supreme Court Rules On Dismissals In Fraternity Hazing Death Suit
SPRINGFIELD, Ill. - On Jan. 19, a majority of the Illinois Supreme Court affirmed the dismissal of a wrongful death and negligence complaint against a fraternity's national organization, affirmed the reversal of a dismissal of the fraternity's local chapter and reversed the dismissal of sorority members who took part in a party where fraternity pledges were ordered to drink excessive amounts of alcohol, which led to the death of one of the pledges (Gary L. Bogenberger v. Pi Kappa Alpha, et al., Nos. 120951, 120967, 120986, Ill. Sup., 2018 Ill.120951).



Texas Appeals Panel Orders Dismissal Of Shooting Death Claims
HOUSTON - A panel of the 14th District of the Texas Court of Appeals on Jan. 11 found that a trial court erred in finding that a university waived its governmental immunity in a suit where a woman claimed that the university's negligence was to blame for her son's murder because the woman did not show that her son's death was caused by real or personal property of the university (Texas Southern University v. Jacqueline Mouton, No. 14-16-01003-CV, Texas App. 14th Dist., 2018 Tex. App. LEXIS 347).



Split 5th Circuit: 2 Suits Over Radioactive Material May Be Removed As Mass Action
NEW ORLEANS - Two personal injury lawsuits related to naturally occurring radioactive material (NORM), one of which was filed before the effective date of the Class Action Fairness Act (CAFA), may be removed to a federal court under CAFA as a mass action after the plaintiffs sought to consolidate the two cases, a divided Fifth Circuit U.S. Court of Appeals panel ruled Jan. 9 (Warren Lester, et al. v. Exxon Mobil Corporation, et al., Shirley Bottley, et al. v. Exxon Mobil Corporation, et al., No. 14-31383, 5th Cir., 2018 U.S. App. LEXIS 547).



Federal Judge Dismisses Strict Liability Claim In Food Defect Suit
SAN JUAN, Puerto Rico - A federal judge in Puerto Rico dismissed a strict liability claim against a shrimp seller pursuant to an opinion from the Puerto Rico Supreme Court that held that a plaintiff in a food liability suit cannot bring claims of strict liability against a shipper for a naturally occurring poison in shrimp (Luis Gonzalez Caban v. JR Seafood, et al., No. 14-1507, D. Puerto Rico, 2018 U.S. Dist. LEXIS 6832).



Man Sues New Jersey Insurance Guaranty Association For Injuries
NEWARK, N.J. - A New Jersey man seeks damages from the state's insurance guaranty association in a Nov. 21 complaint filed in a New Jersey trial court for personal injuries arising out of a car accident (Joaquin Jacques v. New Jersey Property Liability Insurance Guaranty Association, et al., No. ESX-L-008212-17, N.J. Super., Essex Co.).



Bicyclist Sues New Jersey Insurance Guaranty Association For Injuries
NEWARK, N.J. - A New Jersey man alleges in a Jan. 8 complaint filed in a New Jersey state court that the state's insurance guaranty association is responsible for his damages arising out of an accident with an uninsured driver (Allan Smith v. New Jersey Property Liability Insurance Guaranty Association, No. N/a, N.J. Super., Essex Co.).



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).