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Articles Posted in Government Liability

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Plaintiff’s Premises Liability Case Against Municipality Dismissed Due to Late Filing

Earlier this month, an appellate court in North Dakota issued a written opinion affirming the dismissal of a plaintiff’s premises liability case against a city because the case was filed after the applicable statute of limitations. In the case of Frith v. City of Fargo, the court rejected the plaintiff’s…

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State Court Finds Premises Liability Case against Government Sufficient to Proceed Toward Trial

Earlier this month, an appellate court in Michigan issued a written opinion in a premises liability case brought against a city, alleging that the condition of a road was unsafe. In the case of Kozak v. City of Lincoln Park, the appellate court determined that the lower court should not…

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Recreational Use Immunity Doctrine Prevents Paralyzed Injury Victim from Seeking Recovery in Diving Accident

Earlier this month, a state appellate court issued a written opinion in a premises liability case that was filed by a man who was paralyzed after he dived off a diving platform in a state park. The court noted that it was sympathetic to the plaintiff, but that the law…

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Court Holds City Employee Not Entitled to Immunity as a “Land Owner”

Earlier this month, one state’s highest court issued an opinion interpreting the state’s recreational use statute, determining that a city employee named in his individual capacity is not entitled to governmental immunity as a “land owner” for the land he was in charge of maintaining. In the case, Johnson v.…

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Affected Families Push the Supreme Court to Reconsider “Feres” Doctrine

Normally, when a patient is injured due to negligent medical care provided by a doctor, surgeon, or nurse, the injured patient is able to bring a medical malpractice lawsuit against the allegedly negligent medical professional, seeking damages for what they have been through. However, under an old legal doctrine called…

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Slip-and-Fall Plaintiff’s Case Against Federal Government Allowed To Proceed, Despite Immunity Claims

Earlier this month, the Fifth Circuit Court of Appeals decided a case that may have wide-ranging implications for slip-and-fall plaintiffs injured on government land. In the case, Gibson v. United States of America, the court determined that the federal government’s normal sovereign immunity from tort lawsuits did not attach, and…

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