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

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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).



Colorado Supreme Court Affirms Vacated Verdict In Product Liability Suit
DENVER - The Colorado Supreme Court on Nov. 13 unanimously held that a trial court erred when it gave the jury in a product liability suit against Ford Motor Co. an instruction allowing the jurors to use the consumer expectation test to determine if a driver's car seat was unreasonably dangerous because in this case, the court should have instructed the jury on the risk-benefit test (Forrest Walker v. Ford Motor Company, No. 15SC899, Colo. Sup., 2017 Colo. LEXIS 988).



Most Of Mechanical Engineer's Opinions On Faulty Blender Admissible, Judge Rules
TAMPA, Fla. - Most of an expert's opinions on alleged defects in a food blender that overheated, causing burns to a woman, are based on sound methods and are reliable and helpful enough to be admitted, a Florida federal judge held Nov. 7 (Phyllis B. Cerrato, et al. v. Nutribullet, LLC, et al., No. 8:16-cv-3077, M.D. Fla., 2017 U.S. Dist. LEXIS 184220).



Illinois Jury Awards $85.9 Million To Couple In Workplace Injury Suit
CHICAGO - A jury in Illinois state court on Nov. 2 awarded a total of $85.9 million to a couple who sued a carbon pipe manufacturer and a company it was shipping piping products to after a truck driver was crushed by the pipes he was supposed to be transporting (Robert Montagano, et al. v. Metal-Matic, Inc., et al., No. 2014 L 8096, Ill. Cir. Cook Co.).



Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional
TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282).



Wyo. Supreme Court Orders Partial Summary Judgment In Medical Malpractice Suit
CHEYENNE, Wyo. - The Wyoming Supreme Court on Nov. 9 ordered that a medical malpractice suit be remanded to a trial court and that partial summary judgment be ordered in favor of a hospital after finding that the hospital did not waive its immunity by purchasing insurance because the insurance did not cover a doctor who was contracted to work for the hospital (Memorial Hospital of Sweetwater County v. Darrell Menapace, No. S-17-0055, Wyo. Sup., 2017 Wyo. LEXIS 137).



Louisiana Appeals Panel Affirms $500,000 Verdict In Medical Malpractice Suit
SHREVEPORT, La. - A Louisiana appeals panel on Nov. 15 affirmed a $500,000 verdict in a medical malpractice suit after finding that the trial court did not err by excluding the credibility evidence of the expert of a woman who claimed that a doctor breached the standard of care that caused her husband's death (Wynona Johnson v. Tyrone Tucker M.D., et al., No. 51,723-CA, La. App., 2nd Cir., 2017 La. App. LEXIS 2056).



Texas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
BEAUMONT, Texas - A panel of the Ninth District Texas Court of Appeals on Nov. 16 affirmed a verdict in favor of a hospital where a man was given an injection and developed severe pain in his leg following the injection after finding that the verdict was not against the weight of the evidence (Lonnie D. Rodgers Sr. v. The Medical Center of Southeast Texas, No. 09-16-00276-CV, Texas App., 9th Dist., 2017 Tex. App. LEXIS 10764).



Orthopedic Surgeon's Opinions On Spine Injury Reliable, Magistrate Says
SAN ANTONIO - A doctor's expert opinion on whether a spinal injury was caused by an car crash "is sufficiently reliable for admissibility purposes," a Texas magistrate judge ruled Nov. 9 (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2017 U.S. Dist. LEXIS 185797).



West Virginia High Court Affirms Summary Judgment In Medical Malpractice Suit
CHARLESTON, W.Va. - West Virginia's high court on Nov. 17 unanimously found that a lower court did not err in granting summary judgment to a hospital and one of its doctors because the statute of limitations had expired before the plaintiffs filed suit (Donna Parsons, et al. v. Herbert J. Thomas Memorial Hospital, et al., No. 16-1178, W.Va. Sup. App., 2017 W. Va. LEXIS 939).



Texas Appeals Panel Reinstates Sexual Assault Lawsuit
FORT WORTH, Texas - A majority of a Texas appellate panel on Nov. 9 reversed a trial court's decision to dismiss a sexual assault civil action against a doctor after finding that a woman who claims that she was sexually assaulted while taking her children in for treatment did not need to file an expert report with her complaint (T.C. v. Ahmad Abo Kayass, No. 02-16-00248-CV, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 10539).



Ohio Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
LIMA, Ohio - A panel of the Third District Ohio Court of Appeals on Nov. 13 affirmed a trial court's decision to grant summary judgment to a doctor and a hospital after finding that the statute of limitations in a medical malpractice suit had expired before a couple filed their second amended complaint naming the doctor and hospital (Luciano Garcia, et al. v. Gary J. Parenteau M.D., et al., No. 5-17-13, Ohio App., 3rd Dist., Hancock Co., 2017 Ohio App. LEXIS 4935).



Arkansas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
LITTLE ROCK, Ark. - A panel of the Third Division of the Arkansas Court of Appeals on Nov. 15 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err by giving the jury an instruction stating that the jury may only consider the expert testimony of nurses in determining if a nurse was negligent in giving a steroid injection to a patient (Natasha Engleman v. Cindye McCullough, et al., No. CV-16-786, Ark. App. 3rd Div., 2017 Ark. App. 613).



1st Circuit Affirms Summary Judgment In Car Crash Suit
BOSTON - The First Circuit U.S. Court of Appeals on Nov. 13 affirmed a decision by a district court to grant summary judgment to the defendants in a car crash suit after finding that a magistrate judge did not err by striking expert reports from a plaintiff's opposition to summary judgment (Nana Amoah v. Dennis McKinney, et al., No. 16-2291, 1st Cir., 2017 U.S. App. LEXIS 22694).



Alabama Jury Awards $7.5 Million To Man Injured While Reaching For Watermelon
PHENIX CITY, Ala. - An Alabama jury on Nov. 8 awarded $7.5 million to a man who injured himself by getting his foot stuck in pallet while reaching for a watermelon at a Wal-Mart store after finding that Wal-Mart was negligent for placing the pallet on the floor where customers were (Henry Walker v. Wal-Mart Stores Inc., No. CV-15-040, Ala. Cir., Russell Co.).



Alabama Federal Judge Denies Summary Judgment In Premises Liability Suit
MOBILE, Ala. - A federal judge in Alabama on Nov. 16 denied a processing plant's motion for summary judgment in a premises liability suit after finding that a man who injured himself after falling off of a platform properly alleged his premises liability claims and that there is a genuine issue of material fact over whether the danger was open and obvious (Kenneth W. Highfield v. Grede Ii LLC, et al., No. 16-0501, S.D. Ala. 2017 U.S. Dist. LEXIS 189416).



Georgia Appeals Panel Orders Summary Judgement In Premises Liability Suit
ATLANTA - A Georgia appellate panel on Nov. 16 reversed an order from a trial court denying summary judgment to a hospital in a premises liability suit after finding that a man who slipped on ice in the parking lot of the hospital did not show that the hospital had actual knowledge of the danger (St. Joseph's Hospital of Atlanta Inc. v. Gardner Sewell Hall, et al., No. A17A0824, Ga. App., 3rd Div., 2017 Ga. App. LEXIS 569).



Opinions That Accident Led To Death By Painkillers Allowed By Federal Judge
PHILADELPHIA - Three of four doctors offering expert opinions in a wrongful death action can testify that an accident on a U.S. military base caused a man's injuries and subsequent death from taking too many pain medications for the injuries, a Pennsylvania federal judge held Nov. 8, finding the causation opinions reliable enough to be admitted (Robert S. Evans v. United States of America, et al., No. 15-1839, E.D. Pa., 2017 U.S. Dist. LEXIS 185563).



Florida Appeals Panel Reinstates Amended Negligence Complaint
TALLAHASSEE, Fla. - A Florida appellate panel on Nov. 6 reversed a trial court's decision to dismiss the amended complaint of a woman who claimed that she was injured following an examination with a urologist after finding that her claims were based in ordinary negligence and not medical negligence (Lois Vance v. Okaloosa-Walton Urology, et al., No. 1D16-4272, Fla. App., 1st Dist., 2017 Fla. App. LEXIS 16152).



Man Injured By Fallen Light Pole Sues In California State Court
SAN FRANCISCO - A man filed suit in California state court on Nov. 8 against a gas company, claiming that the company was negligent for failing to inspect a light pole that fell on a car in which he was a passenger (Lanny Kelly v. Pacific Gas & Electric Company, No. CGC-17-562383, Calif. Super. San Francisco Co.).



Alaska Federal Judge Awards $22 Million In Medical Negligence Suit
ANCHORAGE, Alaska - A federal judge in Alaska on Oct. 27 found that hospital funded by the U.S. government was negligent in releasing a patient after taking her off of antibiotic treatment for a heart condition, which caused her to have a paralyzing stroke, and awarded her mother $22 million in damages (Phyllis Aguchak v. United States of America, No. 3:15-cv-00105, D. Alaska).



4th Circuit Panel Affirms $2.75 Million Verdict In Medical Malpractice Suit
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Oct. 25 affirmed a $2.75 million verdict in a medical malpractice suit against a doctor and the practice he worked for because the defendants were not prejudiced by the jurors seeing negative news reports about the defendants (Karen Taylor Bagheri v. Dwight L. Bailey M.D., et al., No. 16-1712, 4th Cir., 2017 U.S. App. LEXIS 21113).



Texas Appeals Panel Affirms Dismissal Of Health Care Liability Suit
HOUSTON - A panel of the 14th District of the Texas Court of Appeals on Oct. 31 affirmed a decision to dismiss a negligence suit against a rehabilitation center because the plaintiff did not show that her claim was not based in health care liability and failed to provide an expert report (Myrtis Alexander v. Colonnades Health Care Center LTD, No. 14-16-00500-CV, Texas App. 14th Dist., 2017 Tex. App. LEXIS 10167).



Arizona Supreme Court Upholds Defense Verdict In Medical Malpractice Suit
PHOENIX - The Arizona Supreme Court on Oct. 23 unanimously found that a trial court did not err in denying a woman's motion for a new trial in a medical malpractice suit after finding that she was not prejudiced by a chiropractor's experts having transcripts of her expert's testimony (Emma Spring v. Timothy R. Bradford D.C., No. CV-17-0068-PR, Ariz. Sup., 2017 Ariz. LEXIS 313).



Woman Who Fell In Hospital Files Suit In Federal Court
AUSTIN, Texas - A woman who went to the hospital with flu symptoms but left with a brain injury filed suit against the hospital in Texas federal court on Oct. 31, claiming that the hospital was negligent in leaving her unsupervised even though it knew she was at risk of falling (Ollie Jo Edmondson v. Cedar Park Health System, No. 1:17-cv-1030, W.D. Texas).



Appeals Panel Partially Reverses Summary Judgment In Medical Malpractice Suit
ATLANTA - A panel of the Fifth Division of the Georgia Court of Appeals on Oct. 26 affirmed summary judgment for a hospital in a medical malpractice suit but reversed summary judgment granted to doctors in an emergency room and a radiologist after finding that they were not protected by an exception to Georgia law (Gwendolyn Kidney, et al. v. Eastside Medical Center, et al., No. A17A0806, Ga. App. 5th Div., 2017 Ga. App. LEXIS 504).



Michigan Appeals Panel Reverses Summary Disposition In Medical Malpractice Suit
GRAND RAPIDS, Mich. - A panel of the Michigan Court of Appeals on Oct. 24 reversed a trial court's decision to grant a summary disposition to a doctor and his practice after finding that the trial court erred in not allowing the plaintiffs to amend their complaint, which would have fixed a deficient notice of intent (NOI) to file claims (Drago Kostadinovski, et al. v. Steven D. Harrington, M.D., et al., No. 333034, Mich. App., 2017 Mich. App. LEXIS 1724).



Pennsylvania Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit
HARRISBURG, Pa. - In an unpublished opinion issued Oct. 26, a panel of the Pennsylvania Superior Court affirmed a jury verdict in a medical malpractice suit after finding that the trial court did not err in allowing the jury to hear the defendant's testimony regarding the improper standard of care in a medical malpractice suit (Barbara A. Davis v. Yury L. Bykov, et al., No. 1194 EDA 2017, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 3995).



Pennsylvania Panel: Nursing Home Must Face Negligence, Vicarious Liability Claims
HARRISBURG, Pa. - A Pennsylvania Superior Court panel on Sept. 28 reinstated corporate negligence and vicarious liability claims against a nursing home accused of rendering care that resulted in a resident developing severe pressure ulcers, finding that the plaintiff presented sufficient evidence to proceed (Roberta Breslin v. Mountain View Nursing Home, Inc., No. 1961 MDA 2016, Pa. Super., 2017 Pa. Super. LEXIS 752).



Washington Appeals Panel Affirms Summary Judgment In Medical Negligence Suit
SPOKANE, Wash. - In an unpublished opinion issued Oct. 30, a Washington appellate panel upheld summary judgment in favor of a doctor, his practice and a hospital after finding that a man who claimed that he was injured during a surgery did not present enough evidence from a medical expert to support his claims (David Maytash, et al. v. Daniel J. Garnett, M.D., et al., No. 75434-3-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 2469).



5th Circuit Panel Affirms Dismissal Of Medical Malpractice Suit
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Oct. 24 affirmed a trial court's decision to grant a motion to dismiss to a hospital after finding that the husband of a woman who claimed that a piece of plastic was left inside of her during a surgery failed to state a claim (Charlie Wilson v. Dallas County Hospital, No. 17-10139, 5th Cir., 2017 U.S. App. LEXIS 20986).



West Virginia High Court Answers Certified Questions In Premises Liability Suit
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Nov. 1 unanimously held that a trial court was right to deny a motion to amend a complaint in a premises liability suit because a man who was assaulted at a county fair could not prove that there was a joint venture between the company that put on the fair and the county's commission and answered three certified questions over the issue in the negative (Larry D. Pyles Jr., et al. v. Mason County Fair Inc., et al., No. 17-0300, W.Va. Sup. App., 2017 W.Va. LEXIS 860).



Michigan Appeals Panel Affirms Summary Disposition In Premises Liability Suit
GRAND RAPIDS, Mich. - In an unpublished opinion issued Oct. 31, a panel of the Michigan Court of Appeals affirmed a trial court's decision to grant summary disposition to an apartment complex and its holding company in a premises liability suit but remanded the suit to determine if the plaintiff should be allowed to amend her complaint (Kristen Stone v. Boulder Creek Apartments LLC, et al., No. 333355, Mich. App., 2017 Mich. App. LEXIS 1753).



California Appellate Court Affirms Defense Verdict In Cut Pinky Lawsuit
LOS ANGELES - In an unpublished opinion issued Oct. 31, a California appellate panel affirmed a defense verdict in favor of Target Corp. in a premises liability suit because the woman who cut herself on a price sign failed to file the complete record with her appeal (Mahnaz Sadanian v. Target Corporation, No. B268653, Calif. App., 2nd Dist., Div. 8, 2017 Cal. App. Unpub. LEXIS 7467).



Texas Appeals Panel Affirms Summary Judgment In Dog Bite Suit
HOUSTON - A panel of the 14th District of the Texas Court of Appeals on Oct. 24 affirmed a trial court's decision to grant summary judgment to dog owners in a dog bite suit after finding that the man who was bitten by a dog did not provide evidence showing that the dog was dangerous or that its owners did not properly handle it (Pablo Castrejon v. Andrew Horton, et al., No. 14-16-00520-CV, Texas App., 14th Dist., 2017 Tex. App. LEXIS 9920).



Injured Teen Wins Split Ruling In Case Against Deputy, County
SHERMAN, Texas - Two out of four police officers in an excessive force action cannot testify as experts because they are not qualified to offer opinions on the use of force when deploying a police dog, a Texas federal judge ruled Oct. 27 while allowing one of the officers to testify as an expert but reserving a decision on whether the arresting officer can offer expert opinions on the reasonableness of his own actions (Guillermo Murillo Molina v. Collin County, Texas, et al., No. 4:17-cv-00017, E.D. Texas, 2017 U.S. Dist. LEXIS 178579).



Florida Jury Awards $45 Million To Parents In Construction Site Accident
FORT LAUDERDALE, Fla. - A Florida jury on Oct. 25 found that a construction company's negligence led to a man's death and awarded his parents $45 million in total damages (Jennifer A. Astaphan v. Ranger Construction Industries, et al., No. CACE-15-012992, Fla. 17th Jud. Cir., Broward Co.)



Nevada Supreme Court Vacates $54,000 Verdict In Sports Injury Suit
CARSON CITY, Nev. - The Nevada Supreme Court on Oct. 26 reversed a verdict in favor of a man who was injured while playing floor hockey while he was in middle school because the jury could not conclude that the school district's conduct was the proximate cause of his injury (Clark County School District v. Makani Kai Payo, No. 68443, Nev. Sup., 2017 Nev. LEXIS 108).



Gun Importer's Counterclaim In Misfiring Class Suit Survives Dismissal Motion
MIAMI - A Florida federal magistrate judge on Oct. 25 declined to dismiss a counterclaim filed by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire, finding that the defendant has met its requirement of showing that the lead named plaintiff may be liable for contributory fault in the misfiring of her gun (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 176718).



Some Expert Opinions Permitted In Row Over Worker's Fall From Scaffold
KANSAS CITY, Kan. - A Kansas federal judge on Oct. 30 excluded four of seven opinions of an expert in a personal injury action over a contractor's fall from a scaffold, finding that the excluded opinions are based on inadequate evidence or would not be helpful to the trier of fact (Harold T. Fortner v. Jack G. Hansen, No. 16-2672, D. Kan., 2017 U.S. Dist. LEXIS 179163).