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

LexisNexis® Mealey's™ Personal Injury Legal News



Headline Personal Injury Legal News from LexisNexis®



 



Wisconsin High Court Finds Medical Malpractice Testimony Was Reliable Under Daubert
MADISON, Wis. - An expert's medical testimony on the standard of reasonable care based on his personal experiences was reliable, the majority of the Wisconsin Supreme Court ruled Jan. 6, upholding an $885,000 medical malpractice judgment against a doctor (Braylon Seifert, by his Guardian ad litem, Paul J. Scoptur, Kimberly Seifert and David Seifert v. Kay M. Balink, M.D. and Proassurance Wisconsin Insurance Co., No. 2014AP195, Wis. Sup.; 2017 Wisc. LEXIS 2).



New York Appeals Panel Finds Doctors Not Liable For Patient' Death
NEW YORK - A New York appellate panel on Dec. 28 found that a trial court erred in denying a motion for summary judgment for two doctors and their practices in a medical malpractice suit after finding neither doctor was directly responsible for the patient going off of his heart medication or that the standard of care was breached (Barbara Burns v. Sudhir Goyal, et al., No. 2014-11013, N.Y. Sup., App. Div., 2nd Dept.; 2016 N.Y. App. Div. LEXIS 8679).



Panel Upholds Finding Of No Negligence By Hospital, Doctor With Admission Of Testimony
TEXARKANA, Texas - Finding no error in the admission of two medical professionals' testimony concerning the medical care and treatment a patient received, a Texas appeals panel on Dec. 19 upheld a take-nothing judgment and finding of no negligence on the part of a hospital and one of its doctors (Kay Plunkett, et al. v. Christus St. Michael Health System, et al., No. 06-16-00010-CV, Texas App., 6th Dist.; 2016 Tex. App. LEXIS 13427).



Judge Excludes Testimony On Nurse's 'Indifference' To Inmate's Health Care
GULFPORT, Miss. - An expert may not testify that a nurse "was deliberately indifferent" to an inmate's health care, which led to his wrongful death, but the expert may testify that the nurse breached the relevant standard of care, a Mississippi federal judge ruled Jan. 3, also finding that the expert is not qualified to give medical causation opinions (Dorothy Lee and John Morris Lee III v. Jackson County, Miss., et al., No. 13-441, S.D. Miss.; 2017 U.S. Dist. LEXIS 295).



10th Circuit Affirms Summary Judgment For Ski Resort In Negligence Suit
DENVER - The 10th Circuit U.S. Court of Appeals on Dec. 20 affirmed Wyoming federal court's grant of summary judgment to a ski resort in a negligence suit after finding that a woman who injured herself in a skiing accident waived her rights to sue the resort prior to the accident (Lindy and Chad Cunningham v. Jackson Hole Mountain Resort Corporation, No. 16-8016, 10th Cir.; 2016 U.S. App. LEXIS 22608).



4th Circuit Panel Affirms Dismissal Of Negligence Suit Against United States
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeal on Jan. 4 affirmed a district court order dismissing a negligence suit brought against the United States by a sheriff's deputy who was injured on a Navy base after jumping off of a second-story training ship because the United States is shielded from tort liability under the Federal Tort Claim Act (FTCA) (Laurie L. Wood v. United States of America, No. 15-2106, 4th Cir.; 2017 U.S. App. LEXIS 106).



Hawaii Appeals Panel Affirms Reinstated $2.2M Verdict In Slip-And-Fall Suit
HONOLULU - A Hawaii Intermediate Court of Appeals panel on Dec. 15 upheld a more than $2 million verdict in favor of a bar patron who was injured when he slipped and fell while exiting that was reinstated by a trial court judge more than a year after a motion seeking a new trial was granted (Ernesto Verdugo, Jr. v. Bubba Gump Shrimp Co. Restaurants, Inc., No. CAAP-14-0000908, Hawaii App.; 2016 Haw. App. LEXIS 534).



Texas Appeals Court: Slip-And-Fall Claim Is Not Subject To Arbitration
HOUSTON - A Texas trial court abused its discretion when it determined that a Texas woman's premises liability lawsuit for an injury she allegedly sustained when she slipped and fell at the car dealership where her husband purchased his vehicle was subject to an arbitration clause contained in the vehicle sales contract, a Texas appellate panel ruled Dec. 13 (Patricia Rocha v. Marks Transport, Inc. D/B/A AutoNation Toyota Gulf Freeway, No. 01-15-01073, Texas App., 1st Dist.; 2016 Tex. App. LEXIS 13181).



Colorado Appellate Panel Partially Affirms, Reverses Judgment In Gym Injury Suit
DENVER - A Colorado appellate panel on Dec. 29 partially reversed and partially affirmed a lower court's decision to grant summary judgment in a gym injury suit after finding the trial court partially erred by granting judgment for a gym on a member's Premises Liability Act (PLA) claim because the language in a waiver agreement was vague and the panel affirmed the court's decision to grant summary judgment on the member's negligence claim because the PLA bars it (Wendy Jane Stone v. Life Time Fitness Inc., No. 15CA0598, Colo. App., Div. 1; 2016 Colo. App. LEXIS 1829).



Ohio Appeals Panel Affirms Summary Judgment In Go-Kart Injury Suit
COLUMBUS, Ohio - An Ohio appellate panel majority on Dec. 29 found that a trial court was correct to apply primary assumption of risk in a suit brought by a woman who was injured on a private go-kart track (Andrea Ochall, et al. v. William M. McNamer, et al., No. 15AP-772, Ohio. App., 10th Dist.; 2016 Ohio App. LEXIS 5337).



Federal Judge: VA Hospital Visitor Failed To Prove Government Was Liable For Fall
NEW YORK - A New York woman who injured her knee when she fell in the parking lot of a Veterans Affairs hospital failed to show that the United States is liable for her injury, a New York federal judge ruled Dec. 14 following a bench trial (Brenda Estrella-Jones v. United States of America, No. 13-5454, E.D. N.Y.; 2016 U.S. Dist. LEXIS 173227).



Federal Judge Grants Partial Motion To Dismiss Claims In Six Flags Injury Suit
TRENTON, N.J. - A federal judge in New Jersey on Jan. 3 dismissed fraudulent concealment and breach of express and implied warranty claims in a suit in which a man claims that he was injured by a phone that hit him in the face while on a roller coaster at Six Flags Great Adventure because the man did not particularly specify how the park was hiding evidence from him and that his ticket to get into the park was not a "good" under New Jersey law (Evan Huzinec v. Six Flags Great Adventure LLC, No. 16-2754, D. N.J.; 2017 U.S. Dist. LEXIS 555).



Woman Must Pursue Injury Claims Against Casino In Tribal Court, Judge Says
ANDERSON, S.C. - A South Carolina federal judge on Dec. 7 dismissed a woman's slip-and-fall personal injury case against a casino operated by the Eastern Band of Cherokee Indians, finding that the plaintiff failed to exhaust her remedies in tribal court (Dreama Sullivan v. Harrah's Operating Company, Inc., No. 14-4815, D. S.C.).



Withholding Of Surveillance In Injury Case Deemed Not Harmless, But Not Willful
SCRANTON, Pa. - A Pennsylvania federal judge on Jan. 3 concluded that the operator of a Poconos resort had no justification for not timely submitting video surveillance discovery in a personal injury suit, but because he found the failure to have not been in bad faith, the judge stopped short of granting the plaintiffs' motion to strike use of the surveillance materials at trial (Brian Perez, et al. v. Great Wolf Lodge of the Poconos LLC, et al., No. 3:12-cv-01322, M.D. Pa.; 2017 U.S. Dist. LEXIS 308)



Judge Bars Expert Testimony On Retail Safety Operations In Suit Against Grocery Store
TRENTON, N.J. - Although excluding an expert from testifying on retail safety operations, a New Jersey federal judge on Dec. 19 declined to grant summary judgment to Whole Foods Market because fact issues exist as to whether it showed "reasonable or due care" by placing a yellow warning sign near a spill until an employee returned with a mop (Gabriela Puerto v. Whole Foods Market, et al., No. 14-5118, D. N.J.; 2016 U.S. Dist. LEXIS 174714).



California Federal Judge Sends Parolees' Suit Over Bedbugs Back To State Court
SAN DIEGO - The elimination of the only federal claim in a suit brought by three parolees who allege that they were injured by bedbugs at their residential treatment facility renders the case a state court matter, not a federal court one, a California federal judge ruled Dec. 16, granting the plaintiffs' motion to remand (David Merrill, et al. v. Mental Health Systems, et al., No. 16-1090, S.D. Calif.; 2016 U.S. Dist. LEXIS 124245).



California Jury Awards Man $35 Million In Car Crash Negligence Suit
LOS ANGELES - A California jury on Jan. 9 awarded a man who was injured in a traffic accident $35 million after finding that the state transportation department knew about a hazard at an intersection in Los Angeles and that another driver was negligent and caused the crash (Nick Ekbatani v. CalTrans, et al., No. BC504902, Calif. Super., Los Angeles Co.).



Sovereign Immunity For Tribal Casino Limo Driver Debated In Supreme Court
WASHINGTON, D.C. - Not allowing non-Indians who were injured as a result of a tribal employee's negligence miles away from a reservation a remedy except what the tribe chooses to provide in tribal court "represents an extraordinary and unwarranted expansion of tribal immunity," an attorney for a couple injured by a limousine driver for a Native American casino told the U.S. Supreme Court Jan. 9 (Brian Lewis and Michelle Lewis v. William Clarke, No. 15-1500, U.S. Sup.).



Ikea Settles With 3 Families For $50 Million Over Dresser Deaths
PHILADELPHIA - Three families have settled with The Ikea Group for a total of $50 million in Pennsylvania state court on Dec. 21, according to the plaintiffs' attorney (Janet McGee, et al. v. The Ikea Group, No. 160802288, Jacquelyn Collas v. The Ikea Group, No. 150502365, Pa. Comm. Pls. Philadelphia Co.).



Tesla Owner Claims Model X Vehicles Automatically Accelerate
SANTA ANA, Calif. - An owner of a 2016 Model X filed a class complaint on Dec. 30 against Tesla Motors Inc., accusing the company of making faulty vehicles after he and his son were injured when his vehicle allegedly accelerated on its own while he was pulling into his garage (Ji Chang Son, et al. v. Tesla Motors, Inc., No. 16-2282, C.D. Calif.).



Former NFL Players Dismiss Living CTE Suit Against League, Teams
FORT LAUDERDALE, Fla. - Thirty-eight former professional football players who filed suit against the National Football League (NFL) and the teams that make it up claiming that they were not protected from the dangers of concussions and not warned about chronic traumatic encephalopathy (CTE) dismissed their suit on Dec. 21 (Tony Gaiter, et al. v. National Football League Inc., et al., No. 0:16-cv-62755-BB, S.D. Fla.).



Former Football Player Seeks To Remand Suit Over Career-Ending Injury
HOUSTON - A former professional football player whose career came to an early end because of an injury he sustained in a stadium with a turf field on Dec. 30 asked a federal judge to remand the suit to Texas state court because his claims are based in Texas common law (DeMeco Ryans v. Houston Texans, et al., No. 4:16-cv-03554, S.D. Texas).



General Motors Seeks Supreme Court Intervention Over Bankruptcy Sale Decision
WASHINGTON, D.C. - General Motors LLC on Dec. 13 filed a petition for writ of certiorari with the U.S. Supreme Court, arguing that the Second Circuit U.S. Court of Appeals erred when it reversed a bankruptcy judge's order that protected it from personal injury, economic loss and wrongful death claims related to vehicles made by General Motors Corp. (General Motors LLC v. Celestine Elliot, et al., No. N/A, U.S. Sup.).



U.S. Supreme Court Won't Review NFL Head Injury Settlement
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 denied two separate petitions for writ of certiorari brought by former National Football League (NFL) players who objected to the agreed-upon settlement between the league and other former players over head injuries sustained when they played (Scott Gilchrist, et al. v. National Football League, Raymond Armstrong, et al. v. National Football League, et al., Nos. 16-283, 16-413, U.S. Sup.).



Ohio Appellate Panel Partially Reverses Dismissal Of Football Concussion Suit
CLEVELAND - An Ohio appellate panel on Dec. 8 reversed in part a lower court's dismissal of a suit against the National Collegiate Athletic Association (NCAA) and the University of Notre Dame after finding that the personal injury claims against the university and the league are not time-barred (Steven Schmitz, et al. v. National Collegiate Athletic Association, et al., No. 103525, Ohio App., 8th Dist., Cuyahoga Co.).



Plaintiffs In NHL MDL Move For Class Certification In Federal Court
MINNEAPOLIS - Former professional hockey players involved in the National Hockey League (NHL) multidistrict litigation on Dec. 8 moved for the judge overseeing the MDL to certify the class of former players and the estates of deceased former players (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Parents Of Deceased Hockey Player Seek Remand In Wrongful Death Suit
CHICAGO - The parents of a deceased professional hockey player on Dec. 15 asked a federal judge in Illinois to remand their suit against the National Hockey League (NHL) to the Cook County Circuit Court because of the federal court's earlier finding that all of the remaining claims in their second amended complaint arise from state law (Len Boogaard, et al. v. National Hockey League, et al., No. 13-C-4846, N.D. Ill.).



Florida Jury Awards Amputee $275,000 In Medical Malpractice Suit
WEST PALM BEACH, Fla. - A Florida jury on Dec. 15 awarded $275,000 to a man who had his leg amputated after finding that if a hospital had diagnosed his arterial blockage, the man's leg could have been saved (Stanley Rovner v. West Boca Medical Center, No. 2015-CA-004973, Fla. 15th Jud. Cir. Palm Beach Co.).



Texas Jury Renders Defense Verdict In Nursing Home Negligence Suit
DALLAS - A Texas state jury on Dec. 16 found that a nursing home and hospital were not responsible for the death of an elderly woman whose family filed a wrongful death and negligence suit after she developed bedsores and died from pneumonia (Greg Frausto v. Pennsylvania Rehab LP., et al., No. DC-12-13131, Texas, 68th Jud. Dist., Dallas Co.).



Judgment For OB/GYN Upheld In Birthing Injury Lawsuit
ANNAPOLIS, Md. - A mother whose son sustained a severe and permanent injury while being born failed to show that her doctor or doctor's practice failed to provide informed consent prior to the delivery, a Maryland Court of Special Appeals panel ruled Dec. 6, rejecting the mother's claims that she proved her case and that the trial court abused its discretion when it quashed her subpoena of a defense expert (Chimere Harper, as mother and next friend of Joshua Harper, a minor v. Calvert OB/GYN Associates of Southern Maryland, LLC, et al., No. 1727, Md. Spec. App.; 2016 Md. App. LEXIS 1491).



Medical Malpractice Suit Filed Against California Dentist, Dental Practice
SANTA ANA, Calif. - The family of a 6-year-old girl who was injured while undergoing a "baby root canal" procedure filed suit on Dec. 5 in California state court against the dentist who performed the procedure and the practice for which he worked (Ericka Lorena Mendez, et al. v. Jerry Minsky D.D.S., et al., No. 30-2016-00890590, Calif. Super., Orange Co.).



Michigan Supreme Court Reinstates Summary Judgment In Slip-And-Fall Suit
LANSING, Mich. - The Michigan Supreme Court on Dec. 13 reinstated summary judgment granted by a state court in favor of a diner in a slip-and-fall suit after finding that a defendant in a premises liability suit must show only that the plaintiff did not present enough evidence that showed that the owner of a diner had actual or constructive knowledge of a hazard (Krystal Lowrey v. Woody's Diner, No. 153025, Mich. Sup.; 2016 Mich. LEXIS 2579).



8th Circuit Affirms Denial Of New Trial For Man Injured By Farming Equipment
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 7 affirmed the denial of a motion for a new trial after finding that the trial court correctly denied an injured man's proposed jury instruction for premises liability in a negligence suit (James Lasley v. Running Supply Inc., No. 15-3351, U.S. 8th Cir.; 2016 U.S. App. LEXIS 21605).



Split Washington Appellate Panel Reverses Judgment For Store In Snake Bite Suit
SPOKANE, Wash. - In a split decision, a Washington appellate panel on Dec. 8 reversed a lower court's grant of summary judgment to Walmart Stores Inc. in a premises liability suit after finding that the Pimentel exception to the state's premises liability law applies (Mica Craig v. Walmart Stores, Inc., No.33985-8-III, Wash. App., Div. 3.; 2016 Wash. App. LEXIS 2963).



Ohio Appellate Panel: Property Owner Is Not Liable For Ice On Walkway
TOLEDO, Ohio - The owner of a property where a store patron was injured when she slipped and fell on ice on the walkway in front of the store is not liable because the owner "was not actually negligent in permitting an unnatural accumulation of ice on the walkway" that caused the patron to fall, an Ohio appeals court panel ruled Dec. 2, affirming a trial court's summary judgment ruling (Barbara Rudnicki v. The Andersons, Inc., et al., No. L-16-1078, Ohio App., 6th Dist.; 2016 Ohio App. LEXIS 4870).



Mississippi Appellate Panel Affirms Defense Verdict In Premises Liability Suit
JACKSON, Miss. - A panel of the Mississippi Court of Appeals on Dec. 13 affirmed a trial court's decision to not allow the attorneys of a plaintiff in a premises liability suit to refer to the man who attacked her as an "illegal immigrant" (Margaret Magers v. Diamondhead Resort LLC., No. 2015-CA-01330-COA, Miss. App.; 2016 Miss. App. LEXIS 793).



Woman Must Pursue Injury Claims Against Casino In Tribal Court, Judge Says
ANDERSON, S.C. - A South Carolina federal judge on Dec. 7 dismissed a woman's slip-and-fall personal injury case against a casino operated by the Eastern Band of Cherokee Indians, finding that the plaintiff failed to exhaust her remedies in tribal court (Dreama Sullivan v. Harrah's Operating Company, Inc., No. 14-4815, D. S.C.).



Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport
SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle, et al., No. 15-0928, W.D. Wash.; 2016 U.S. Dist. LEXIS 166882).



New Mexico Appellate Panel Agrees That Claims Against Deck Builder Are Untimely
ALBUQUERQUE, N.M. - A New Mexico appeals panel on Nov. 29 affirmed a ruling awarding summary judgment to an unlicensed contractor who built an allegedly faulty deck, ruling that a man's claims stemming from injuries were barred by the statute of limitations (S. Louis Little v. Thomas R. Baigas, No. 34, 724, N.M. App.; 2016 N.M. App. LEXIS 114).



Federal Judge Bars Expert's Alternative Design Theory In Personal Injury Lawsuit
FORT WAYNE, Ind. - A licensed professional engineer may testify regarding a man's fall from a ladder and the sufficiency of the warnings and instructions but may not testify regarding a color banding alternative design because he failed to sufficiently substantiate his opinion for this alternative design beyond his conclusion, an Indiana federal judge ruled Dec. 5 (Joseph Costanza v. Vulcan Ladder Co., No. 13-260, N.D. Ind.; 2016 U.S. Dist. LEXIS 167470).



Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit
SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement can be addressed through cross-examination (Daniel Broe and Heidi Broe v. Steven Manns, No. 15-985, M.D. Pa.; 2016 U.S. Dist. LEXIS 167593).



Connecticut Supreme Court Will Hear Appeal Of Sandy Hook Shooting Suit
HARTFORD, Conn. - The Connecticut Supreme Court said in a letter sent to attorneys on Nov. 28 that it will hear an appeal filed earlier in the month by the surviving families and one survivor of the Sandy Hook Elementary School shooting (Donna L. Soto, et al. v. Bushmaster Firearms International LLC, No. S.C. 19832, Conn. Sup.).



4th Circuit Certifies Trade Secrets Question To South Carolina's High Court
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Nov. 29 certified a question to the Supreme Court of South Carolina in a wrongful death suit against a tire maker where the plaintiff claimed that a defective tire on another car led to a crash that killed his wife (Theodore G. Hartsock Jr. v. Goodyear Dunlop Tires North America LTD., No. 16-1172, 4th Cir.; 2016 U.S. App. LEXIS 21326).



Plaintiffs Seek To Add Claims To Takata Multidistrict Litigation
MIAMI - The plaintiffs in the Takata air bag multidistrict litigation filed a memorandum on Nov. 28, telling the federal judge overseeing the MDL that it can file claims in the MDL against car makers that were not originally named when the cases against Takata were consolidated (In re: Takata Airbag Products Liability Litigation, No. 15-02599, MDL No. 5-2599, S.D. Fla.).



BMW Urges 8th Circuit To Affirm Summary Judgment In Wrongful Death Suit
ST. LOUIS - BMW tells the Eighth Circuit U.S. Court of Appeals in a Nov. 28 appellee brief that a trial court correctly granted it summary judgment in a wrongful death and product liability suit because a man who died using a car jack was not using it properly (Bruce Lindholm v. BMW of North America LLC, No. 16-3516, 8th Cir.).



Players Who Approve Of NFL Settlement Say Objectors Misrepresent Class Rep's Death
WASHINGTON D.C. - Former professional football players who support the settlement between themselves and the National Football League (NFL) tell the U.S. Supreme Court in a Nov. 22 supplemental brief that the players who object to the settlement are misrepresenting the death of one of the class representatives (Scott Gilchrist, et al. v. National Football League, No. 16-283, U.S. Sup.).



NHL Answers Former Players' 2nd Amended Complaint In Concussion MDL
MINNEAPOLIS - The National Hockey League (NHL) on Dec. 1 responded to a second amended complaint filed in the concussion multidistrict litigation in federal court in Minnesota, saying the league's conduct was not illegal and it is not responsible for the alleged injuries the former players sustained (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



Former NFL Players Seek Change To CBA To Protect Living Players With CTE
FORT LAUDERDALE, Fla. - Thirty-eight former National Football League (NFL) players on Nov. 21 filed suit in Florida federal court against the league and the teams that comprise, claiming that they were not protected from the dangers of concussions and not warned about chronic traumatic encephalopathy (CTE) (Tony Gaiter, et al. v. National Football League Inc., et al., No. 0:16-cv-62755-BB, S.D. Fla.).



Colorado Jury Awards $52 Million To Woman Injured In Car Crash
DENVER - A Colorado jury on Nov. 18 awarded a woman $52 million after finding that her injuries were caused by a female driver who forced the car she was riding in to go off the road and flip over (Mendy Brockman, et al. v. Kimberly Corsentino, et al., No. 2015CV32157, Denver Co. Dist.).



Minnesota Jury Awards $7.55 Million In E. Coli Suit
MINNEAPOLIS - A Minnesota jury on Nov. 22 found that the company that owns a pumpkin patch was liable for the kidney damage a child suffered from contracting E. coli from a petting zoo at the pumpkin patch and awarded her and her family $7.55 million (Stephanie Heidish, et al. v. Dehn's Pumpkins LLC, No. 27-CV-14-17068, Minn. Dist., 4th Jud., Hennepin Co.).



Illinois Appellate Panel Reverses Summary Judgment In Negligence Suit
ELGIN, Ill. - An appellate panel in Illinois on Dec. 2 reversed and remanded a ruling for summary judgment in favor of a dog owner after finding that there is a question of fact whether two dog owners should have protected a worker from being chased by their dogs, which caused him to injure his ankle (Sean Schmit v. Jacquelyn Smalarz, et al., No. 13-L-30, Ill. App., 2nd Dist.; 2016 Ill. App. Unpub. LEXIS 2560).



Florida Appellate Panel Reverses Summary Judgment In Dog Bite Suit
MIAMI - A Florida appellate panel on Nov. 30 reversed summary judgment in favor of a guard dog company in a dog bite suit because Florida's dog bite law "imposes strict liability on dog owners, subject only to a plaintiff's comparative negligence, which in this case must be determined by the trier-of-fact" (Lisa Arellano v. Broward K-9/Miami K-9 Services Inc., No. 3D16-314, Fla. App., 3rd Dist.; 2016 Fla. App. LEXIS 17699).



Washington Appellate Panel Affirms Summary Judgment In Dog Bite Suit
SEATTLE - A Washington appellate panel on Nov. 28 affirmed a trial court's grant of summary judgment in favor of a couple whose dog bit a woman during a house tour because the owners of the dog did not owe the woman a duty of protection (Shelly Carr v. Jose Riveros, et al., No. 73927-1-I, Wash. App., Div. 1; 2016 Wash. App. LEXIS 2889).



Kentucky Appellate Panel Vacates Summary Judgment In Premises Liability Suit
FRANKFORT, Ky. - On remand from the state Supreme Court, the Kentucky Court of Appeals on Nov. 23 vacated a summary judgment order from a trial court in a premises liability suit after finding that a "land possessor's general duty of ordinary care is not eliminated simply because a hazard is obvious" (Robert Resnick, et al. v. Charles Omer Patterson, No. 2011-CA-001657-MR, Ky. App.; 2016 Ky. App. LEXIS 191).



Pennsylvania Superior Court Panel Remands Medical Malpractice Suit
HARRISBURG, Pa. - Following a remand order from the Pennsylvania Supreme Court, the Pennsylvania Superior Court on Nov. 28 reversed an order granting a motion for nonsuit and remanded a medical malpractice suit for trial after finding that the trial court erred by excluding the testimony of an expert witness (Roulette Price v. Alan Catanzariti, No. 1886 WDA 2014, Pa. Super.; 2016 Pa. Super. Unpub. LEXIS 4332).