The Supreme Court of Kentucky recently published an opinion reversing two lower courts’ decisions that had granted judgment to the defendant in a lawsuit filed by a man who was injured when he slipped and fell outside the shower while staying at the defendant’s hotel. The trial court and state…
South Florida Personal Injury Lawyers Blog
Plaintiff in Personal Injury Lawsuit Successfully Uses Work Product Doctrine to Suppress Presumably Unfavorable Expert Report
The Supreme Court of Missouri recently released an opinion reversing a trial court’s preliminary ruling to grant a personal injury defendant’s request to further question an expert witness. The expert had been formerly proposed by the plaintiff as an expert witness, but the plaintiff later “de-endorsed” the expert witness weeks…
$7 Million Verdict Awarded to Cancer Victim in Baby Powder Lawsuit
A Missouri jury recently found that the manufacturer of a baby powder product containing talc and marketed for personal hygiene was liable for negligence and product liability after the plaintiff developed a case of ovarian cancer as a result of using the product as it was marketed. According to a…
Court Determines Negligence Lawsuit Against Ambulance Company Was Time-Barred
The California Court of Appeals recently released an opinion affirming a lower court’s decision to dismiss a lawsuit filed against an ambulance company and hospital by a man who was injured while under the care of the defendants. The appellate court agreed with the district court’s finding that the claim…
State Supreme Court Refuses to Enforce Arbitration Clause Against Young Injury Victim
An appellate court recently published an opinion affirming a lower district court’s ruling refusing to compel arbitration to address a personal injury claim alleging that actionable negligence caused a child to be injured at a trampoline park operated by the defendant. Both courts agreed that the clause within the liability release and…
State Appellate Court Reverses Judgment for Defendant in Bus Accident Case
A panel of the California Court of Appeals recently published an opinion reversing a trial court’s entry of a judgment favoring the defendant in a case filed by a woman who was injured while boarding a shuttle bus operated by the defendant. The appellate court found that the lower court’s…
Smart Phone Use by Teens While Driving Indicates an Increased Risk of Other Dangerous Behaviors
A recently published news report discussing an insurance industry study of teen driving behaviors indicated the unsurprising finding that teen drivers who use their smart phones while driving are more likely to engage in other dangerous driving behaviors as well as be involved in an accident. According to a survey…
Florida Man Dies in Alcohol-Related Boat Accident After Homemade Vessel Capsizes
The death of a man in Key West earlier this month should serve the public as a sad reminder of the dangers of operating any vehicle while impaired by alcohol or drugs. The accident, which was reported by a local news source, occurred on October 14 and resulted in the…
Appellate Court Rejects $885,000 Verdict Against Educational Institution in Auto-Pedestrian Accident Case
The California Court of Appeals recently published an opinion reversing a jury’s verdict in favor of a 14-year-old boy who was injured in a 2012 auto-pedestrian accident involving an instructor employed by the defendant who was driving home from work when the accident occurred. The lawsuit, which was originally filed…
Court Applies “Discovery Rule” to Allow Plaintiff’s Wrongful Death Claim to Proceed
The Supreme Court of the State of Illinois recently released a decision reversing two lower court rulings and ultimately preserving a wrongful death plaintiff’s right to recover damages from a defendant against whom he did not file a claim until the state’s statute of limitations had appeared to expire. The…