Although many personal injury cases inherently conjure emotion in those responsible for deciding their outcome, courts must work hard to ensure emotion is not a substantial factor in the final judgment. For example, strong dislike of a plaintiff shouldn’t affect whether a jury finds that person entitled to damages, just…
The trucking industry has gotten very savvy when it comes to insulating itself from liability stemming from trucking accidents. These companies know that because of the sheer size of these vehicles, collisions cause severe injuries and major damage. They also recognize the principle of vicarious liability holds employers responsible for…
Every year, thousands of young football players sustain a variety of injuries, ranging from sprained muscles to concussions to serious head injuries. Football is a popular sport in America. It isn’t likely to go away anytime soon, despite these incidents. Researchers have been working to tackle this problem by trying…
An appellate court has affirmed a $1.3 million award of damages to a man seriously injured in a rear-end car crash, although the court did remand for recalculation of prejudgment interest. According to court records, defendant was the employer of the driver/owner of the vehicle that negligently struck the rear…
A woman whose silicone breast implants began causing her serious health problems after they were installed 24 years ago will have another chance to bring her claim to trial, after a federal appellate court ruled a genuine issue of material fact remained regarding whether the claim was time-barred. All states…
When it comes to medical malpractice, sometimes it’s as much what the physicians and health care professionals did not do as what they did. This was the case for plaintiffs in Uriell v. Regents of UC, who accused a surgeon and surgeon’s employer of failure to diagnose breast cancer resulting…
The Florida Supreme Court has issued a decision that strengthens a defendant’s use of liability waivers in fending off civil litigation. In so doing, the court approved the Fla. 5th District Court of Appeal’s approach and rejected the decisions reached by the First, Second, Third and Fourth District Courts of…
The U.S. Court of Appeals for the Tenth Circuit has a warning for defendants who are the subject of multi-defendant litigation: “Beware: When a fellow litigant settles on the eve of trial, you can’t bank on the right to claim surprise and rewrite your case from top to bottom.” That…
Given that school is where students spend roughly a third of their day, it’s no wonder it is the site of many injuries. School districts can be successfully sued for negligence resulting in child injury, but cases must overcome assertions of sovereign immunity, damage caps and denial of duty owed.…
Claims of medical malpractice are litigated differently than those involving general negligence. It’s not enough that a patient suffers an adverse outcome while under a doctor’s care. There must be evidence indicating the physician (or other health care professional) deviated from the applicable standard of care and thus proximately caused…