Personal Injury Case Law

Homeowner Receives $11 Million in Product Liability Case against Ladder Manufacturer

February 9, 2017 | Lebowitz & Mzhen

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 plaintiff was properly admitted by the trial judge. Finding that it was, the court affirmed the jury’s verdict in favor of the plaintiff.

The Facts of the Case

The plaintiff was a homeowner who was using a ladder manufactured by the defendant to change a few rusty screws in the gutter above his garage. The homeowner climbed the ladder, but before he could complete the job, the ladder buckled under his weight. The homeowner struck his head on the pavement of his driveway, causing bleeding and bruising in his brain. As a result, the homeowner now suffers from seizures, dementia, and quadriplegia.

The homeowner filed a product liability lawsuit against the ladder’s manufacturer, claiming that the ladder was not designed to support a 200-pound person and that a safer and feasible alternative existed. In support of his claim, the homeowner provided two experts. One expert focused his testimony on the durability of the ladder and whether it could support a 200-pound person. This expert concluded that the ladder may not have been able to support a 200-pound person, depending on how the weight was distributed. The other expert testified that the way the homeowner had placed the ladder was proper and that more substantial support beams on the ladder could have prevented it from buckling under the homeowner’s weight.

Retaining a Dedicated Personal Injury Attorney Can Help Victims Avoid Time-Consuming and Potentially Disastrous Mistakes

January 24, 2017 | Lebowitz & Mzhen

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 against various defendants the plaintiff alleged were responsible for the death of her father because the plaintiff had previously filed a case based on the same series of events.

The Facts

The plaintiff, Long, lost her father while he was in the care of the defendant doctors. Believing that her father’s death was caused by the negligent care he received from the doctors, she filed a series of wrongful death lawsuits against the doctors in different counties. The first lawsuit was filed on November 4, 2014.

Two weeks after the filing of the first lawsuit, Long filed a second lawsuit against a different doctor she claimed was liable for her father’s death. On the same day, Long filed a third wrongful death lawsuit against the medical center where her father was being treated. Three weeks later, Long filed a fourth wrongful death case against the same medical center, making slightly different claims.

Jury Verdict in Contaminated Water Case Results in $2 Million Award, Plus Potential Punitive Damages

January 10, 2017 | Lebowitz & Mzhen

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 Washington County, where it became apparent several years ago back that the DuPont facility was leaking perfluorooctanoic acid, also known as PFOA or C-8, into the area’s drinking water supply.

After a jury trial, the plaintiff was awarded $2 million for his injuries. Additionally, the report indicates that the jury found “actual malice,” meaning that punitive damages may also be awarded if the jury decides they are appropriate. The punitive damages phase of the trial is slated to move forward later this year. If the plaintiff is successful in obtaining punitive damages against DuPont, it is likely that his award would increase substantially.

This case is the third of its kind holding DuPont responsible for contaminated water in Washington County, Ohio. The other two cases, decided in 2015 and 2016, resulted in $1.6 million and $5.6 million, respectively. The $5.6 million award contained $500,000 in punitive damages. There are 39 more similar cases pending in the Ohio court system.

Premises Liability Case Arising Out of New Year’s Eve Apartment Complex Shooting Dismissed

January 3, 2017 | Lebowitz & Mzhen

Under the legal theory of premises liability, business owners have a general duty to ensure that the area accessible to customers is kept free from unreasonably dangerous conditions. When a business owner fails to take the necessary precautions to either remedy or warn visitors of a known harm, the business owner may be held liable for any injuries caused as a result.

One of the key issues in premises liability cases is whether the defendant landowner knew or should have known that the dangerous condition existed at the time of the plaintiff’s accident. If it is determined that the business owner was oblivious to the harm and that the lack of knowledge was reasonable under the circumstances, the plaintiff’s premises liability case will likely fail. A recent case involving a tragic shooting at an apartment complex illustrates how a defendant landowner’s lack of knowledge of the dangerous condition causing the plaintiff’s injury can be fatal to a plaintiff’s case.

Mitchell v. Ridgewood East Apartments: The Facts

Mitchell was visiting his aunt over New Year’s Eve, who lived at the defendant apartment complex. After midnight, Mitchell’s aunt went to bed, but Mitchell remained in the common areas of the complex, talking to other residents and guests. At around 2:55 a.m., Mitchell’s aunt heard shots and ran outside to find that Mitchell had been shot in the head.

Court Holds Plaintiff Does Not Need to Release Unused Expert Witness’ Report

November 15, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Missouri issued a written opinion in a personal injury case brought by a man who was injured when he crashed and rolled his utility terrain vehicle (UTV), and the roof collapsed. In the case, Malashock v. Jamison, the court’s opinion analyzed the application of the “attorney work product” doctrine, which requires that an attorney’s work on a client’s case remain confidential unless the privilege is waived. Specifically, the court held that designating an expert witness and then choosing not to use the expert’s testimony does not waive the attorney work product privilege.

The Facts of the Case

Malashock crashed the UTV that he purchased from the defendant. During the crash, the UTV rolled, and the roof collapsed, injuring Malashock. Malashock then filed a personal injury lawsuit against the defendant, seeking compensation for his injuries.

In preparation for the case, Malashock designated four expert witnesses to help him prove his case against the defendant. As a part of the designation process, Malashock provided a brief description of the areas each expert would discuss at trial. However, two weeks later, he reconsidered and decided not to use one of the experts. At no time were the specifics of the unused expert’s testimony made known to the defendant.

Trampoline Park’s Contract Mandating Arbitration Found to Be Unenforceable

November 2, 2016 | Lebowitz & Mzhen

Earlier this month, one state’s supreme court issued a written opinion summarily affirming a lower court’s decision that the contract the defendant trampoline park required patrons to sign was a contract of adhesion and thus unenforceable. As a result of the court’s decision, the plaintiffs will be permitted to continue with their case in a court of law, rather than proceed through arbitration.

Alicea v. Activelaf: The Facts

The Aliceas arranged to take their two young sons to a trampoline park owned by the defendant. Prior to being admitted into the park, Mrs. Alicea was required to electronically sign a “Participant Agreement, Release and Assumption of Risk” form. The form contained what claimed to be a binding arbitration clause, whereby anyone who signed the form would be prohibited from filing a case in a court of law against the trampoline park. Instead, the dispute would be resolved through an arbitration company. The form also included a clause stating that any person who did file a lawsuit against the trampoline park agreed to pay the park a $5,000 fee plus interest.

On-the-Job Injuries May Result in Personal Injury Claims

October 25, 2016 | Lebowitz & Mzhen

Generally speaking, whenever a worker is injured on the job, he is entitled to benefits though the Workers’ Compensation program. While Workers’ Compensation offers injured employees benefits roughly equivalent to what they were making while they were able to work, there is no possibility to seek damages above and beyond this amount.

In addition, in many cases, an injured worker’s sole remedy is through Workers’ Compensation, meaning that an injured worker cannot both obtain benefits through Workers’ Compensation and also file a personal injury lawsuit against his employer. However, in some cases, an injured worker will not be prohibited from filing a personal injury lawsuit against his employer or an allegedly negligent third party. A recent case in front of a federal court of appeals illustrates this concept.

Schaefer v. Universal Scaffolding: A Third Party’s Actions Result in a Plaintiff’s Workplace Injury

Schaefer was an employee of Brand Energy, a construction company. One day, Schaefer was injured when a piece of scaffolding came loose, striking him on the head. Schaefer filed a claim for Workers’ Compensation as well as a product liability lawsuit against the manufacturer of the scaffolding, alleging that the scaffolding was defective.

The Issue of Jurisdiction in Washington, D.C. Personal Injury Cases

September 27, 2016 | Lebowitz & Mzhen

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 is heard is whether the court where the case is filed has “jurisdiction” over the defendant and the case.

Jurisdiction is a legal term that refers to a court’s ability to issue a binding order on a party. If a court does not have jurisdiction over the parties, it will not be able to legally hear the case, and any ruling or verdict in the case will be invalid. Therefore, before a case proceeds to trial, jurisdiction must first be established.

Jurisdiction is actually a complex legal subject that is often argued and contains many nuances. There are two types of jurisdiction, each of which must be established. They are personal jurisdiction and subject matter jurisdiction. Personal jurisdiction refers to a court’s power to implement an order binding the parties. Subject matter jurisdiction refers to a court’s power to hear the specific topic of the case being filed.

Court Determines Homeowner’s Insurance Policy Covered Dog-Walking Injury

September 6, 2016 | Lebowitz & Mzhen

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 homeowner’s insurance policy, so the insurance company was responsible to defend against the lawsuit.

The Facts of the Case

Williams was visiting his college friend, Van de Venter. When Van de Venter was getting ready to leave for work, he explained that his dog, Emma, would ring a bell by the door when she needed to go outside. He did not mention anything about walking Emma, only about letting her out.

At some point during the day, Emma rang the bell. Williams came downstairs and attached her leash to take her for a walk. As Williams was walking Emma, another dog in the neighborhood barked, attracting Emma’s attention. As Emma ran toward the other dog, she jerked the leash and Williams fell, sustaining a serious injury to his shoulder.

Family of Victim Not Prevented From Filing Wrongful Death Case Even When Victim Filed Personal Injury Case While Alive

July 27, 2016 | Lebowitz & Mzhen

Earlier this month, an appellate court in Maryland decided a very interesting case involving the parents of a young boy who died after complications involving his birth. In the case, Spangler v. McQuitty, the court determined that although the young boy had successfully recovered compensation for his injuries in a medical malpractice case against the defendants, that did not prevent the boy’s parents from pursing a wrongful death case against the same defendants based on the same conduct.

The Facts of the Case

The McQuittys filed a birth injury case against the defendant doctors after their son was born with the severe condition of cerebral palsy. While the McQuittys were actually the ones who were filing the paperwork, the lawsuit was brought in the name of their son. Ultimately, this case was successful, and their son recovered $5 million for his injuries.

After the boy recovered for his injuries, he passed away from complications related to the injuries he sustained at birth. After their son’s death, the boy’s parents then filed a wrongful death lawsuit against the same defendants, claiming that they were responsible for their son’s death. In response to the allegations, the defendants claimed that they had already been held liable for their negligence in delivering the boy, so they should not be subject to liability again.