A former executive of a peanut company was recently sentenced to 28 years in prison for his role in distributing tainted peanut butter back in 2008 and 2009 that made dozens of people seriously ill and killed several others. According to one industry news source reporting on the criminal case,…
Washington DC Injury Lawyer Blog
Appellate Court Finds Sufficient Evidence to Uphold Plaintiffs’ Verdict in Medical Malpractice Case
Earlier this month, an appellate court in Idaho issued a written opinion affirming a jury’s verdict in favor of the plaintiffs, finding that there was sufficient evidence to support the verdict. In the case, Hoffer v. Shappard, the court affirmed the jury’s determination that the defendant doctor was liable for…
Application of the “Discovery Rule” in Medical Malpractice Cases May Require a Judge or Jury to Determine Exactly When the Statute of Limitations Began to Run
Earlier last month, one state’s supreme court issued a written opinion in a medical malpractice case that was dismissed by the lower court because that court determined it had been filed after the applicable statute of limitations. The court also held that the “discovery rule” did not apply in wrongful…
The Issue of Jurisdiction in Washington, D.C. Personal Injury Cases
After someone is injured in any kind of accident, they may seek financial compensation from the at-fault party through a personal injury lawsuit. However, before a party’s case is heard by a court, several facts must first be established. One very important fact that must be determined before a case…
Continuing Course of Treatment Doctrine May Extend Statute of Limitations in Some Maryland and Washington, D.C. Medical Malpractice Cases
All medical malpractice lawsuits must be brought within a certain amount of time. This is generally known as the statute of limitations. In most cases, if a plaintiff files a case after the statute of limitations expires, the court must dismiss the case. However, there are certain exceptions to this rule…
State Appellate Court Permits Expert Testimony by Foreign Doctor in Medical Malpractice Case
The California Court of Appeals recently published an opinion reversing a lower court ruling favoring the defendant in a medical malpractice lawsuit. The trial court had granted summary judgment to the defendant and disposed of the plaintiff’s claim by ruling that the plaintiff’s proposed medical expert, who was a licensed…
Court Determines Homeowner’s Insurance Policy Covered Dog-Walking Injury
Earlier this month, a federal appellate court issued a written opinion in a case between a man injured while walking his friend’s dog and the dog owner’s insurance company. In the case, American Family Mutual Insurance v. Williams, the court determined that the injured party was not excluded from the…
Court Holds that Medical Battery Claim Constitutes a Medical Malpractice Claim and Must Meet Heightened Requirements
Earlier this month, an appellate court in Nevada issued an opinion in what turned out to be a medical malpractice case, although the plaintiff filed the case as a battery case. In the case, Humboldt General Hospital v. Sixth Judicial District Court, the appellate court hearing the case determined that…
Premises Liability Case Dismissed for Plaintiff’s Failure to Prove Defendant’s Knowledge of Dangerous Condition
Earlier this month, a state appellate court issued a written opinion in a premises liability case brought by a woman who slipped and fell on a piece of watermelon in a grocery store. In the case, Edwards v. Hy-Vee, the court ultimately dismissed the case against the grocery store because…
Recent Case Illustrates Why Maryland and Washington, D.C.’s “Joint and Several Liability” System Favors Plaintiffs
Earlier this month, an Arizona appellate court issued a written decision in an auto accident case, holding that the lower court erred in not allowing the sole defendant to name an additional defendant whom she believed to be in part liable for the plaintiff’s injuries. The court in Cramer v.…