The Supreme Court of the State of California recently released an opinion in which they affirmed a lower court’s ruling granting summary judgment to the defendant in a wrongful death lawsuit. The negligence suit was filed by the family members of a boy who died after striking a manhole cover…
South Florida Personal Injury Lawyers Blog
State Supreme Court Throws Out Jury Verdict in Premises Liability Case
The Supreme Appellate Court of West Virginia recently decided to reverse a judgment of over $55,000 that had been awarded to a plaintiff after a jury trial in a negligence case filed against a public parks commission by an injured plaintiff. The original verdict and award, based on the jury’s finding…
Court Reverses Judgment for Defendants in Wrongful Death Medical Malpractice Case
The Supreme Court of Oklahoma recently ruled to reverse a lower court’s decision to grant summary judgment to the defendants in a medical malpractice case that was filed by the surviving family members of a woman who died while hospitalized in 2006. The state supreme court ruled that the lower…
State Court Affirms Award to Student Hit by Car While Boarding School Bus
The Delaware Supreme Court recently released a decision in which they affirmed a lower court’s ruling that allowed a plaintiff to make a claim against the personal injury protection (PIP) insurance coverage of a school bus for injuries she sustained when another vehicle hit her after she had been signaled by…
State Supreme Court Affirms Ruling in Favor of Drinking Establishment in Negligence Lawsuit
The Supreme Court of Nebraska recently released a decision in which they upheld a lower court’s ruling that granted summary judgment to a drinking establishment in a negligence lawsuit that had been filed by a man who was injured after a disgruntled patron returned to the bar after being forcibly…
State Supreme Court Rules that Post-Mortem Misconduct by Doctor Is Medical Malpractice, Reverses Damages Award
The Supreme Court of the State of Texas recently released an opinion holding that a defendant’s actions in improperly obtaining a woman’s consent for a private autopsy of her husband, who died while under their care, was a medical malpractice claim. Although the ruling in the case of Christus Health…
Court Rules That Nursing Home Defendant Waived Right to Compel Arbitration
The Supreme Court of South Carolina recently released a decision reversing a lower appellate decision that determined the defendant nursing home maintained their right to compel arbitration of the plaintiff’s wrongful death claim against them, filed on behalf of the plaintiff’s deceased mother. The state supreme court determined that by…
Appellate Court Orders District Court to Allow Defendant’s Medical Expert to Examine Plaintiff in Personal Injury Case
The Supreme Court of the State of Texas recently released an opinion and issued a rarely utilized type of order allowing an expert retained by the defense in a personal injury lawsuit to perform a medical examination on the plaintiff during an ongoing premises liability lawsuit. The defense’s request, which…
Plaintiff’s Underinsured Motorist Claim Denied by Appellate Court
The U.S. Court of Appeals for the Seventh Circuit recently released an opinion affirming a lower court’s ruling against the driver and two passengers involved in a car accident. The plaintiffs alleged that the settlement they received from the at-fault driver was not sufficient to cover their damages, and they…
Settlement Reached in Joan Rivers Medical Malpractice Case
Earlier this month, a settlement was announced in the wrongful death and medical malpractice case filed by the family of deceased comedienne Joan Rivers. The lawsuit was based upon her 2014 death at an outpatient surgery center in New York City. Although the exact terms and financial amount of the…