- Volume 14, Issue #13
- Illinois Supreme Court Orders Partial Summary Judgment In Medical Negligence Suit
SPRINGFIELD, Ill. - In a 4-3 decision issued Dec. 29, a majority of the Illinois Supreme Court found that a hospital cannot be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an independent clinic, reversing a lower appellate court's answer to a certified question in a medical negligence suit (Christina Yarbrough, et al. v. Northwestern Memorial Hospital, et al., No. 121367, Ill. Sup., 2017 Ill. LEXIS 1304).
- Appeals Panel Reverses Order Denying Judgment In Medical Malpractice Suit
LAKE CHARLES, La. - A panel of the Third Circuit Louisiana Court of Appeal on Jan. 4 reversed a trial court decision to deny a doctor summary judgment in a medical malpractice suit after finding that the trial court erred by finding that an expert report was not necessary in a suit where a woman claimed that a doctor's inaction led to her husband dying from a brain tumor (April Ferguson, et al. v. Progressive Acute Care Avoyelles LLC., et al., No. 17-563, La. App., 3rd Cir., 2018 La. App. LEXIS 8).
- Tennessee Appeals Panel Partially Reverses Judgment In Medical Negligence Suit
NASHVILLE, Tenn. - A panel of the Tennessee Court of Appeals on Dec. 19 reversed a trial court decision to grant judgment to a doctor who is alleged to have hurt a patient by shaking her hand too hard because Tennessee's Health Care Liability Act does not apply to a handshake from a doctor, but affirmed its decision to grant judgment on her claims that the doctor did not properly document her medical records because the woman did not follow the presuit requirements as required by the act (Deborah Lacy v. Meharry General Hospital, et al., No. M2016-01477-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 816).
- Indiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
INDIANAPOLIS - A panel of the Indiana Court of Appeals on Dec. 29 affirmed summary judgment in a medical malpractice suit after finding that a woman who sued a gastrologist and the practice he worked for over her husband's death filed suit against them after the statute of limitations had expired (Nancy McDaniel v. William C. Erdel M.D., et al., No. 49A05-1612-CT-2759, Ind. App., 2017 Ind. App. LEXIS 885).
- North Carolina Panel Reverses Summary Judgment In Medical Malpractice Suit
RALEIGH, N.C. - A North Carolina Court of Appeals panel on Jan. 2 reversed summary judgment granted to a doctor and his employer in a medical malpractice suit after finding that the guardian of a man who became disabled after brain surgery presented enough evidence to show that the three-year statute of limitations did not expire when she refiled the suit against the defendants (Krista Ragsdale v. John M. Whitley, et al., No. COA17-860, N.C. App., 2018 N.C. App. LEXIS 16).
- Michigan Appeals Panel Affirms 'No Cause' Verdict In Medical Malpractice Suit
DETROIT - A panel of the Michigan First District Court of Appeals on Dec. 26 affirmed a jury's "no cause of action" verdict in favor of the defendants in a medical malpractice suit after finding that the trial court did not err by barring the estate of a woman who died following knee surgery (Estate of Patricia A. Watland v. Ali J. Manns, et al., No. 331563, Mich. App., 1st Dist., 2017 Mich. App. LEXIS 2137).
- Iowa Appeals Panel Affirms Summary Judgment In Medical Negligence Suit
DES MOINES, Iowa - A panel of the Iowa Court of Appeals on Dec. 20 affirmed summary judgment for a hospital after finding that a man who claimed that he was injured by a nurse when she inserted a catheter did not have a causation expert (Albert Carter v. Genesis Health System, No. 17-0045, Iowa App., 2017 Iowa App. LEXIS 1247).
- Louisiana Panel Finds Nursing Home Breached Standard Of Care, Affirms Verdict
LAKE CHARLES - A Louisiana appeals court on Dec. 13 affirmed a verdict and judgment in favor of the family of a nursing home resident who fell and fractured her neck while unsupervised, finding that the evidence submitted at trial supported a finding that the nursing home breached the standard of care for a nursing home (Marguerite Fugler Cardwell v. Oaks Care Center LLC, et al., Nos. 17-420 and 17-421, La. App., 3rd Cir., 2017 La. App. LEXIS 2331).
- Magistrate Judge Partially Grants, Denies Summary Judgment In Premises Liability Suit
DENVER - A federal magistrate judge in Colorado on Jan. 3 partially granted a motion for summary judgment by dismissing a claim for exemplary damages against the owners of a cow that a driver crashed into, injuring a woman who was passenger in the car, but denied the motion as to a negligence claim against the owners (Tamara Bryant v. State of Colorado Department of Transportation, et al., No. 16-CV-01638, D. Colo., 2018 U.S. Dist. LEXIS 901).
- New Jersey Appeals Panel Reverses Directed Verdict In Premises Liability Suit
NEWARK, N.J. - A New Jersey Superior Court Appellate Division panel on Dec. 29 reversed a trial court decision to grant a directed verdict in a premises liability suit after finding that a condominium association and its property manager had a duty to maintain common areas and replace a railing in the center of the stairs in a condominium building (Thomas G. Lechler, et al. v. 303 Sunset Avenue Condominium, et al., No. A-1095-16T3, N.J. Super., App. Div., 2017 N.J. Super. LEXIS 175).
- Texas Appeals Panel Affirms Summary Judgment In Golf Course Accident Suit
SAN ANTONIO - A panel of the Fourth District Texas Court of Appeals on Dec. 20 affirmed judgment in favor of a country club and its contractors because a man who injured himself while golfing signed a contract barring his claims and did not present enough evidence showing that the course and its contractors committed gross negligence (Tom McCloskey v. The Clubs of Cordillera LP, et al., No. 04-17-00234-CV, Texas App., 4th Dist., 2017 Tex. App. LEXIS 11772).
- West Virginia High Court Affirms Verdict In Premises Liability Suit
CHARLESTON, W.Va. - The West Virginia Supreme Court of Appeals on Jan. 5 upheld a trial court's pretrial decision to deny a university's motion for summary judgment in a premises liability suit in which a student was injured while playing basketball in a pool at a university and ultimately affirmed an $80,000 verdict in favor of the plaintiff (West Liberty University Board of Governors, et al., v. Stewart Lane, No. 16-0942, W.Va. Sup. App., 2018 W.Va. LEXIS 17).
- Illinois Appeals Panel Affirms Summary Judgment In Premises Liability Suit
ELGIN, Ill. - A panel of the First District Illinois Appellate Court on Dec. 19 found that a trial court did not err in granting summary judgment to a grocery store after finding that a woman who slipped in oil was unable to show that the hazard was caused by an employee of the grocery store (Adela Pantoja v. Pete's Fresh Market 4700 Corporation, No. 1-17-0679, Ill. App., 1st Dist., 2016 Ill. App. Unpub. LEXIS 2680).
- Reliance On Expert Testimony About Hole In City Sidewalk Upheld
LANSING, Mich. - A Michigan trial court properly denied summary disposition to the city of Ann Arbor, Mich., on a woman's slip-and-fall action based on testimony from the woman's expert that a sidewalk was so poorly maintained that it meets the sidewalk exception to the municipality's immunity from suit, a state appeals court held Dec. 26 (Helen Levenson v. City of Ann Arbor, No. 336231, Mich. App., 2017 Mich. App. LEXIS 2133).
- Federal Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on Jan. 3 affirmed summary judgment for a restaurant in a slip-and-fall suit after finding that the plaintiff did not present enough evidence to show that the restaurant had actual or constructive knowledge of the liquid she slipped on (Linda Ritch v. Carrabbas Italian Grill LLC, No. 17-5032, 10th Cir., 2018 U.S. App. LEXIS 91).
- Washington Appeals Panel Affirms Summary Judgment In Premises Liability Suit
TACOMA, Wash. - In an unpublished opinion released Dec. 19, a Washington appeals panel affirmed summary judgment for a pizza restaurant after finding that a man who injured himself after a chair at the restaurant broke did not show that the restaurant had constructive knowledge of the hazard (Mark Haubrich v. The Pizza Specialists Inc., No. 49540-6-II, Wash. App., Div. 2, 2017 Wash. App. LEXIS 2876).
- Federal Judge Partially Grants Summary Judgment In Slip-And-Fall Suit
COLUMBUS, Ga. - A federal judge in Georgia on Dec. 29 partially granted and partially denied a big box store's motion for summary judgment in a slip-and-fall suit after finding that a man who slipped while entering the store presented a genuine issue of material fact over whether the store took precautions to prevent patrons from falling (David Hart v. Walmart Stores East LP, No. 4:16-CV-374, M.D. Ga., 2017 U.S. Dist. LEXIS 212895).
- Judge Denies Reconsideration Of Ruling Barring Expert In Failure-To-Warn Case
TRENTON, N.J. - A New Jersey federal judge on Dec. 29 denied a bid by a woman seeking to hold a personal watercraft maker liable for injuries she received in a fall from a watercraft to have the judge reconsider his decision to exclude the woman's expert, finding that he "did not overlook or commit error as to any of the grounds raised for reconsideration" (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 1:15-cv-49, D. N.J., 2017 U.S. Dist. LEXIS 213635).
- Judge Affirms Decision To Keep Deposition In Premises Liability Suit In U.S.
OWENSBORO, Ky. - A federal judge in Kentucky on Jan. 3 affirmed a magistrate judge's decision to deny a motorcycle company's motion to have a deposition in a product liability suit in Japan after finding that it would be inconvenient for all attorneys to travel to Japan and less of an inconvenience for a corporate representative to travel to California for a deposition (Derek Schall v. Suzuki Motor of America, Inc., et al., No. 4:14-cv-00074, W.D. Ky., 2018 U.S. Dist. LEXIS 873).
- Kentucky Appeals Panel Affirms Summary Judgment In Workplace Injury Suit
LEXINGTON, Ky. - A panel of the Kentucky Court of Appeals on Jan. 5 affirmed a trial court's decision to grant summary judgment to a temporary work agency after finding that a woman's claims that she was injured in a car crash while on her way to pick up her paycheck are barred under the exclusivity provision of the Kentucky Workers' Compensation Act (Cheryl L. Deems v. Minute Men Inc., No. 2014-ca-002051, Ky. App., Ky. App. LEXIS 19).
- Car Passenger Injured By Derailed Amtrak Train Files Suit In Washington Court
SEATTLE - A man who was injured when an Amtrak train derailed and landed on a car in which he was a passenger filed suit in Washington state court on Jan. 4 against the train company, claiming that the train was moving too fast to negotiate a curve (Blaine Wilmotte, et al. v. National Railroad Passenger Corporation, No. 18-2-00455-1, Wash. Super. King Co.).
- Woman Injured In Amtrak Derailment Files Suit In Washington State Court
SEATTLE - A woman who was in one of the cars of the Amtrak train that derailed on its inaugural trip from Seattle to Portland, Ore., sued the train company in Washington state court on Jan. 3, alleging that she sustained serious injuries because of the derailment (Pennie Cottrell v. National Railroad Passenger Corporation, No. 18-2-00341-5, Wash. Super., King Co.).
- Assault Victim Loses Case Against Concert Organizers After Expert Excluded
MADISON, Wis. - The organizers of a music festival in Wisconsin were awarded summary judgment by a federal judge Dec. 29 on negligence claims filed by a man who was assaulted at the event after the judge found that the opinions of the plaintiff's expert were inadmissible, unsupported conclusions (Joshua Milligan v. Rock on the River, Inc., et al., No. 16-cv-498, W.D. Wis., 2017 U.S. Dist. LEXIS 213195).
- California Appeals Court Vacates $5.6M Risperdal Wrongful Death Verdict
LOS ANGELES - A California appeals panel on Jan. 3 vacated a $5.6 million Risperdal wrongful death verdict, finding that negligence turned more on medical malpractice than it did drug maker liability (Marion Liu, et al. v. Janssen Research & Development, LLC, Nos. B269318 and B270332, Calif. App., 2nd Dist., Div. 5, 2018 Cal. App. Unpub. LEXIS 47).
- Tribe's Trespass Claim Against Officers In Wrongful Death Case Heads To High Court
WASHINGTON, D.C. - The 2007 shooting death of a Ute Tribe member during a police chase, which has been the subject of several lawsuits, reached the U.S. Supreme Court for the second time with the Dec. 12 filing of a petition for a writ of certiorari by police officers involved in the chase seeking reversal of a 10th Circuit U.S. Court of Appeals ruling sending part of the dispute to tribal court for resolution (Vance Norton, et al. v. The Ute Indian Tribe of the Uintah and Ouray Indian Reservation, et al., No. 17-855, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4942).
- Suit Over Man's Death In Farm Accident Proceeds Without Plaintiffs' Expert
VALDOSTA, Ga. - A Georgia federal judge on Dec. 28 declined to strike testimony from a toxicology expert for a couple accused of causing a man's death by failing to train him on how to use a farm tractor but excluded testimony from an expert for the dead man's relatives after finding that it is not relevant to the relatives' negligence action against the couple (Melissa Pearson, et al. v. Harold Dillingham, et al., No. 7:16-cv-54, M.D. Ga., 2017 U.S. Dist. LEXIS 212244).
- Federal Judge Partly Grants Motion For Protective Order In Wrongful Death Dispute
BALTIMORE - In accordance with the Health Insurance Portability and Accountability Act (HIPAA) and its implanting regulations, a Maryland federal judge on Dec. 19 issued a disclosure order authorizing health care providers to disclose a decedent's protected health information in the presence of plaintiff's counsel in a wrongful death and negligence lawsuit and also issued a qualified protective order authorizing third parties to disclose the decedent's protected health information pursuant to traditional discovery mechanisms (Gwendolyn Lynch v. SSC Glen Burnie Operating Company, LLC, No. 17-1328, D. Md., 2017 U.S. Dist. LEXIS 208948).
- Jury Awards $12 Million To People Injured In Alabama Bus Crash
BIRMINGHAM, Ala. - An Alabama jury on Dec. 11 awarded a total of $12 million in damages to a group of plaintiffs who were injured when a bus driver became unconscious at the wheel and crashed into a ravine (Charlyse E. Williams, et al. v. Birmingham-Jefferson County Transit Authority, et al., No. CV-2015-900100.00, Ala. Cir., Jefferson Co.).
- Magistrate Limits Crash Expert's Testimony Due To Untimely Disclosure
SAN ANTONIO - An accident reconstruction expert in a personal injury case can testify only about the opinions he offered in his initial report because new opinions he offered while being deposed were not disclosed in a timely manner, and the "failure to do so is neither substantially justified nor harmless," a Texas federal magistrate judge ruled Jan. 4 (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2018 U.S. Dist. LEXIS 1407).