- Volume 14, Issue #17
- Michigan Appeals Panel Affirms Denial Of Judgment In Slip-And-Fall Suit
TROY, Mich. - A Second District Michigan Court of Appeals panel on Feb. 27 partially affirmed a trial judge's denial of summary disposition to defendants in a slip-and-fall suit but ordered the trial court to re-examine in light of the Michigan Supreme Court's decision in Lowrey v. LMPS & LMPJ, Inc., W2d 344 (2016), which calls into question previous case law regarding premises liability (Gregory Smith v. Amberdeen Village Association, et al., No. 335511, Mich. App., 2nd Dist., 2018 Mich. App. LEXIS 366).
- Indiana Court Of Appeals Reverses Summary Judgment In Shooting Lawsuit
INDIANAPOLIS - A panel of the Indiana Court of Appeals on March 7 found that a trial court erred in granting summary judgment to a restaurant after finding that it owed a duty to protect a woman who was shot in the face because employees of the restaurant failed to call the police or diffuse a fight before it escalated (Amber Hamilton v. Steak 'n Shake Operations Inc., No. 49A02-1704-CT-776, Ind. App., 2018 Ind. App. LEXIS 87).
- 11th Circuit Panel Affirms Summary Judgment In Gunshot Case
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on March 2 affirmed a trial court's decision to grant summary judgment to a bank in a negligence suit after finding that a trial court did not err in finding that the bank was not responsible for a man who was shot while dropping off a deposit after hours (Michael Bonner, et al. v. Trustmark Corp., et al., No. 17-13800, 11th Cir., 2018 U.S. App. LEXIS 5479).
- 10th Circuit Affirms Summary Judgment In Skiing Accident Suit
DENVER - A panel of the 10th Circuit U.S. Court of Appeals on March 5 affirmed summary judgment for a ski resort after finding that a man's injuries sustained from a skiing accident were part of the inherent risk of skiing (Michael Roberts, et al. v. Jackson Hole Mountain Resort Corporation, No. 17-8018, 10th Cir., 2018 U.S. App. LEXIS).
- Causation Opinions Allowed In Yosemite National Park Cabin Hantavirus Suit
SAN FRANCISCO - Both general causation and specific causation opinions of five experts for a man who says the negligence of a Yosemite National Park lodging company caused him to contract hantavirus while staying at the park are sufficiently reliable for a jury to hear, a California federal judge held Feb. 23 (In re: National Park Hantavirus Litigation, No. 14-md-02532, (Christopher J. Harrison, et al. v. DNC Parks & Resorts at Yosemite, Inc., et al., No. 14-cv-0451, N.D. Calif., 2018 U.S. Dist. LEXIS 29742).
- Panel Majority Affirms Summary Disposition In Premises Liability Lawsuit
DETROIT - A majority of a panel of the Michigan Court of Appeals on March 8 affirmed a trial court's decision to grant summary disposition to a landlord in a slip-and-fall suit after finding that ice on a sidewalk was clearly visible and did not make the sidewalk unusable (Jenna S. Afholter v. Phillip C. Matuk, No. 336059, Mich. App., 2018 Mich. App. LEXIS 429).
- Federal Magistrate Judge Denies Summary Judgment In Premises Liability Suit
INDIANAPOLIS - A federal magistrate judge in Indiana on March 1 denied a store's motion for summary judgment in a premises liability suit after finding that a woman who injured herself after tripping on a mat outside of a store presented enough evidence for a jury to find that the mat was hazardous (Tina Lauray, et al. v. Menard Inc., No. 1:16-cv-00929, S.D. Ind., 2018 U.S. Dist. LEXIS 33360).
- Massachusetts Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit
BOSTON - A panel of the Massachusetts Appeals Court on Feb. 28 affirmed summary judgment for a grocery store in a slip-and-fall suit after finding that a woman who slipped on a sign could not show that the store had constructive notice (Donna Katin v. Stop & Shop Company LLC, No. 17-P-345, Mass. App., 2018 Mass. App. Unpub. LEXIS 194).
- Texas Appeals Panel Affirms Defense Verdict In Premises Liability Suit
HOUSTON - A Texas appellate panel affirmed a defense verdict in a premises liability suit on March 6 after finding that a trial court did not err in excluding the corporate owner of a fast food restaurant in the jury charge and that she did not object to the charge at the time (Maribel Woodard v. McDonalds' Corporation, et al., No. 01-17-00204-CV, Texas App., 1st Dist., 2018 Tex. App. LEXIS 1672).
- Georgia Supreme Court Reverses $22 Million Medical Malpractice Verdict
ATLANTA - The Georgia Supreme Court on March 5 unanimously reversed a $22 million verdict and ordered a new trial in a medical malpractice suit after finding that the trial court erred by giving the jury an instruction on ordinary negligence (Southeastern Pain Specialists P.C. v. Sterling Brown Sr., et al., No. S17G0732, Dennis Doherty M.D. v. Sterling Brown Sr., et al., No. S17G0733, Southeastern Pain Ambulatory Surgery Center LLC v. Sterling Brown Sr., et al., No. S17G0737, Ga. Sup., 2018 Ga. LEXIS 151).
- South Carolina High Court Finds Medical Malpractice Expert Can Testify In Suit
COLUMBIA, S.C. - The South Carolina Supreme Court on Feb. 28 reversed a trial court decision dismissing a medical malpractice action after finding that the plaintiff's expert affidavit was not defective and that the expert had the experience to testify to the standard of care (Johnny Eades, et al. v. Palmetto Primary Care Physicians LLC, et al., No. 27770, S.C. Sup., 2018 S.C. LEXIS 16).
- Louisiana Appeals Panel Affirms Summary Judgment In Medical Malpractice Suit
LAKE CHARLES, La. - A Third District of the Louisiana Court of Appeal panel on March 7 affirmed a trial court's grant of summary judgment to a doctor after finding that a man who was injured following surgery on his shoulder did not present enough evidence to show that the standard of care was breached (Justin Thomas v. Otis Rashad Drew M.D., et al., No. 17-818, La. App., 3rd Cir., 2018 La. App. LEXIS 419).
- Ohio Appeals Panel Affirms Summary Judgment For University Hospital
COLUMBUS, Ohio - A panel of the 10th District Ohio Court of Appeals on Feb. 27 affirmed summary judgment in favor of a university hospital after finding that a man who claimed to be the victim of a botched shoulder surgery filed his suit after the one-year statute of limitations had expired (Frederick George v. University of Toledo Medical Center, No. 17AP-559, Ohio App., 10th Dist., 2018 Ohio App. LEXIS 740).
- Georgia Appeals Panel Reverses Summary Judgment In Dental Malpractice Suit
ATLANTA - A Georgia appeals panel on March 1 found that a trial court erred in granting summary judgment to a dentist and his practice after finding that the two-year statute of limitations was tolled because of the evidence of fraud in a dental malpractice suit (Ursula MacDowell v. Steven M. Gallant, et al., No. A17A1864, Ga. App., 1st Div., 2018 Ga. App. LEXIS 144).
- Georgia Appeals Panel Orders Summary Judgment In Medical Malpractice Suit
ATLANTA - A panel of the Second Division Georgia Court of Appeals on March 2 found that a trial court erred in denying summary judgment for a hospital in a malpractice suit after finding that the widow of a man who died from heart disease needed an expert affidavit in her complaint against the hospital because her claims sounded in professional negligence (St. Mary's Health Care System Inc. v. Jacqueline Roach, No. A17A1582, Ga. App., 2nd Div., 2018 Ga. App. LEXIS 151).
- Health Care Company Moves For Dismissal In Suit Filed By Casey Kasem's Widow
TACOMA, Wash. - The sole remaining defendant in a personal injury and wrongful death lawsuit filed in a Washington federal court by the widow of radio and TV personality Casey Kasem on Feb. 14 moved for dismissal and summary judgment, arguing that she fails to state any set of facts that would entitle her to relief (Jean Kasem v. Kerri Helen Kasem, et al., No. 3:17-cv5461, W.D. Wash., 2017 U.S. Dist. LEXIS 185411).
- North Carolina High Court Finds Dram Shop Claim Properly Dismissed
RALEIGH, N.C. - In a 4-3 decision, a majority of the North Carolina Supreme Court on March 2 reversed a lower appellate court ruling and affirmed a trial court's dismissal of a dram shop claim against a hotel owner after finding that a woman who died from alcohol poisoning was just as negligent as the hotel owner in causing her death (Thomas A.E. Davis v. Hulsing Enterprises, et al., No. 160A16, N.C. Sup., 2018 N.C. LEXIS 64).
- Massachusetts High Court Affirms Dismissal In Student Injury Suit
BOSTON - The Judicial Supreme Court of Massachusetts on Feb. 27 affirmed a lower court's dismissal of a suit against a city and its school system because the defendants are immune from claims that they were negligent for failing to stop bullying that resulted in a student becoming paralyzed (Alyssa Cormier, et al. v. Lynn, et al., No. SJC-12323, Mass. Sup., 2018 Mass. LEXIS 91).
- Surviving Family Members File Suit Against Alleged Serial Killer's Family
PHILADELPHIA - The families of three men who were allegedly murdered by Cosmo Dinardo filed three separate wrongful death lawsuits against the alleged killer's family in the Philadelphia County Court of Common Pleas on March 5, claiming that his family should have known that he was mentally ill and should not have allowed him to possess firearms (Bonnie L. Finocchiaro, et al. v. Sandra DiNardo, et al., No. 04303, Richard L. Patrick, et al. v. Cosmo DiNardo, et al., No. N.A., Melissa Fratanduono-Meo v. Sandra DiNardo, et al., No. 00948, Pa. Comm. Pls., Philadelphia Co.).
- Federal Judge Denies Summary Judgment In Spilled Hot Water Suit
MIAMI - A federal judge in Florida on Feb. 26 denied a cruise company's motion for summary judgment after finding that a reasonable jury could find that a waiter on a cruise ship who spilled hot water on a patron should have used a teapot with a lid to prevent the spill (Valissa Richard v. Carnival Corporation, No. 17-22594, S.D. Fla., 2018 U.S. Dist. LEXIS 30681).
- Arizona Jury Awards Family $6.5 Million In Salmonella Outbreak Suit
PHOENIX - A jury in Arizona federal court on March 1 awarded a family $6.5 million in relation to a salmonella outbreak that affected a couple's son and required him to undergo brain surgery (James Craten, et al. v. Foster Poultry Farms, No. 2:15-02587, D. Ariz.).
- Federal Judge Bars Certain Evidence, Arguments In Product Defect Suit
AIKEN, S.C. - A federal judge in South Carolina on March 6 ordered that plaintiffs who claim that they were injured in a car crash because of a defective tire not introduce evidence on a tire maker's post-sale duty to warn or remedial measures or changes to the tire in question but will allow the plaintiffs to introduce evidence on similar situations involving the tire and post-manufacture changes (Maria Davenport, et al. v. Goodyear Dunlop Tires North America LTD, et al., No. 1:15-cv-03752, D. S.C., 2018 U.S. Dist. LEXIS 36008).
- Causation, Defects Opinions Permitted In Weedwacker Personal Injury Suit
PHILADELPHIA - A medical expert is sufficiently qualified to opine that a Sears Craftsman Weedwacker caused a man's back injuries, a Pennsylvania federal judge held March 2 while also trimming an ergonomics expert's testimony to one opinion on how the Weedwacker's faulty design led to the injuries (Thomas Hagan v. Sears Appliance and Hardware Store, et al., No. 16-6461, E.D. Pa., 2018 U.S. Dist. LEXIS 34190).
- California Appeals Panel Affirms $7.4 Million Verdict In Product Defect Suit
SACRAMENTO, Calif. - In an unpublished opinion released March 2, a California appellate panel affirmed $7.4 million verdict in a product defect suit after finding that there was sufficient evidence to show that a truck's ball joints were the cause of a crash and that the trial court did not err in allowing the plaintiffs' expert to testify to a new opinion not expressed during the deposition (Robert Dunlap, et al. v. Folsom Lake Ford, No. C076900, Calif. App., 3rd Dist., 2018 Cal. App. Unpub LEXIS 1410).