Earlier this month, one state’s supreme court issued an opinion in a medical malpractice case alleging that the defendant hospital was responsible for leaving a four-inch piece of tubing in the plaintiff’s body after a surgery. The case required the court to discuss the burden-shifting framework applicable in foreign-object cases,…
Earlier this month, a state appellate court issued a written opinion in a premises liability case brought by a woman who fell while on the defendant’s property. Because the plaintiff failed to disclose the names of her expert witnesses, the court held that the experts’ testimony was properly excluded and…
In 2016, the National Safety Council estimated that roughly 40,000 people were killed in motor vehicle accidents across the country. According to an insurance industry news source, this represents a 6% increase in fatalities over the previous year and reflects the highest number of deaths since 2007. The National Highway Traffic…
Earlier last month, an appellate court in Wyoming issued a written opinion applying the “natural accumulation” rule to affirm the dismissal of a plaintiff’s slip-and-fall lawsuit against a middle school. In essence, the rule prevents a landowner from being held liable for injuries occurring from the natural accumulation of snow…
One of the key elements in any personal injury lawsuit is causation. In order to prove causation, a plaintiff must be able to show that the defendant’s allegedly negligent actions were the cause of their injuries. While this sounds simple in theory, in reality causation is a contested element in…
Earlier this month, a federal appellate court issued a written opinion in a product liability case brought by a homeowner who sustained serious injuries after he fell while using the ladder manufactured by the defendant. The court hearing the case had to determine if the expert testimony provided by the…
Earlier this month, a Georgia appellate court issued an opinion that upheld a jury verdict of upwards of $21 million in a medical malpractice case. In upholding the jury’s liability and damages determinations, the court rejected all of the defendant doctor’s claims of error below. As a result of the…
Earlier this month, an appellate court in Mississippi issued a written opinion in a wrongful death case that illustrates why it is important for accident victims to secure dedicated and knowledgeable counsel to assist them with their claims. In the case, Davis v. Blaylock, the court dismissed three wrongful death cases…
Late last year, an appellate court in Ohio issued a written opinion affirming an intermediate appellate court’s decision that a city that allowed a stop sign to become overgrown with foliage was not entitled to governmental immunity. In the case, Bibler v. Stevenson, the court concluded that the city was…
Toward the end of last year, a jury in Ohio reached a verdict in a case involving a man who had developed testicular cancer after drinking water that was contaminated by a DuPont plant nearby. According to an industry news source, the plaintiff lives near the Ohio-West Virginia border in…