Mealey's Personal Injury : Mealey's : Legal News & Analysis

Mealey's Personal Injury

April 25, 2023
Fla. Federal Judge Dismisses Case After Settlement Reached After Daubert Ruling

MIAMI — A Florida federal judge on April 24 signed an order dismissing a lawsuit filed by a woman who claims that she was injured in a cruise ship bathroom after a settlement was reached days after the judge adopted a magistrate’s recommendations to exclude expert witnesses from testifying on the cause of the injuries.
April 24, 2023
Jury Returns Verdict For Defense In Mechanic’s Crane Brake Asbestos Case

SEATTLE — A Washington state jury returned a defense verdict for a crane company, finding no liability for a deceased mechanic’s alleged exposure to asbestos-containing brakes.
April 20, 2023
Calif. Federal Judge: Motion To Exclude Expert In Treadmill Injury Case Fails

SAN DIEGO — A California federal judge was unconvinced by a treadmill company’s attempts to exclude testimony from a standard of care expert retained by the family of toddler who was injured when he was pulled under the machine while his father was using it.
April 19, 2023
California Jury Awards $46.4M To Jiu-Jitsu Student Rendered Paraplegic

SAN DIEGO — A California jury has awarded $46,475,112.33 in compensatory damages to a man who suffered a spinal cord injury that rendered him paraplegic while training at a jiu-jitsu studio.
April 17, 2023
Plaintiffs Resume Bid For Third-Party Complaint Against Reinsurers In Crash Case

MIAMI — Describing a bid for leave to file a third-party complaint against it as “rife with procedural, jurisdictional, and substantive defects,” a reinsurer urged a Florida court to deny the long-pending motion in a plane crash case in which settlements were reached over an $844 million default judgment.
April 14, 2023
Magistrate Admits Most Opinions Of Reconstructionist In Motorcycle Crash Case

KNOXVILLE, Tenn. — An accident reconstruction expert retained in a vehicle collision case cannot opine on the proximate cause of the accident, but his other opinions are admissible, a Tennessee federal judge ruled in partially granting and partially denying a motion to exclude.
April 14, 2023
In ERISA Preemption Ruling, Split Alabama High Court Partly Reverses Dismissal

MONTGOMERY, Ala. — In a ruling that drew concurrences and dissents and focused on preemption under the Employee Retirement Income Security Act, the Alabama Supreme Court partially reversed judgment in a suit concerning wrongful death claims asserted under Alabama law.
April 13, 2023
Florida Jury Awards $4.3M To Woman Injured In Car Accident

Driver’s negligence found to be cause of plaintiff’s permanent injuries
April 12, 2023
Treating Physician Doesn’t Meet Admissibility Standards In Injury Case, Judge Says

NEW YORK — An expert retained by a woman who claims that she was injured when she fell inside a bank is inadmissible under federal standards, a New York federal judge ruled (Rachel Bell v. JPMorgan Chase Bank, N.A., No. 20-2468, S.D. N.Y., 2023 U.S. Dist. LEXIS 59378).
April 07, 2023
Georgia Jury Awards Family $4.36M For Man’s Death After Cardiac Catheterization

Patient’s left ventricular wall was perforated by catheter during diagnostic procedure
April 07, 2023
Ohio Court Reverses Sanctions, Says Asbestos Firm’s Suits Were Not Frivolous

CLEVELAND — An Illinois court’s ruling on a company’s successor status does not bind Ohio courts, and an asbestos law firm’s repeated naming and dismissal of the company was not frivolous or unreasonable, evidenced by the fact that other attorneys filed similar suits, an Ohio court said April 6 in reversing an award of sanctions against the firm.
April 06, 2023
Louisiana Panel Affirms Award In Crash Suit, Finds No Error In Trial Court Rulings

SHREVEPORT, La. — A Louisiana trial court did not err in denying an “emergency” Daubert hearing requested by a woman three days into trial for injuries sustained in a car accident, a state appeals court ruled April 5, also finding no error in other rulings brought up on appeal and affirming the judgment.
April 06, 2023
Man Seeks Punitive Damages Against Fracking Operator For Oilfield Injury

ALBUQUERQUE, N.M. — A man who was injured while performing oil field services at a hydraulic fracturing site on April 5 filed an amended lawsuit against the operator in New Mexico federal court seeking punitive damages for the company’s “reckless conduct” that caused him harm.
April 06, 2023
Federal Magistrate Judge Limits Toxicologist’s Testimony In Cruise Injury Case

MIAMI — A toxicology expert retained by Carnival Corp. can testify on a woman’s blood-alcohol concentration at the time of a fall but cannot opine on whether intoxication contributed to the accident, a Florida federal magistrate judge ruled in a personal injury suit.
April 05, 2023
High Court Asked To Review Statute Of Limitations In University Sexual Abuse Case

WASHINGTON, D.C. — An Ohio university has requested that the U.S. Supreme Court review what it contends is an “extreme new ‘discovery rule’” for determining when Title IX claims accrue devised by a divided Sixth Circuit U.S Court of Appeals in conflict with other circuits that permitted several plaintiffs to assert Title IX claims against it based on conduct that occurred more than 20 years before they filed suit after the Sixth Circuit reversed a district court’s judgment dismissing the plaintiffs’ claims of sexual abuse by a university doctor as barred by the two-year statute of limitations.
April 03, 2023
Missouri High Court: Work Product Protection Waived In Shared Accident Documents

JEFFERSON CITY, Mo. — The plaintiffs in a personal injury negligence suit against a hospital cannot withhold documents pertaining to their settlement of an unrelated lawsuit, the Missouri Supreme Court held, ruling that the plaintiffs’ disclosure of those documents in the previous suit constituted waiver of the work product doctrine and defeated their claims that the documents are protected from discovery by privilege.
March 31, 2023
Woman’s Rebuttal Witness Allowed In Case Alleging Injury While On Cruise

MIAMI — A cruise line failed to convince a federal magistrate judge in Florida to exclude a woman’s rebuttal expert witness who says that the lifeboat she was aboard when she was injured was traveling at an unreasonable speed as it headed back to a cruise ship.
March 29, 2023
No Remand In COVID Death Suit Against Care Home Absent Joinder-Ending Diversity

SANTA ANA, Calif. — A California federal judge denied a remand motion in a family’s COVID-19-related wrongful death suit against a senior living facility, finding that because Federal Rules of Civil Procedure factors “weigh against joinder” of the care home manager, “remand is not mandatory.”
March 29, 2023
Illinois Panel Finds Jurisdiction Over Battery Maker In Exploding Vape Suit

CHICAGO — An Illinois appellate panel on March 28 affirmed a trial court’s personal jurisdiction over a Korean battery-maker’s subsidiary in a personal injury lawsuit brought by a man who claims that he was injured by an exploding e-cigarette device after finding that the company sold thousands of its batteries into Illinois for use in other products.
March 29, 2023
Texas Supreme Court Questions Battery Maker On Jurisdiction In Exploding Vape Case

AUSTIN, Texas — The Texas Supreme Court during oral arguments questioned a Korean battery-maker and its U.S. subsidiary about their argument that a trial court lacked personal jurisdiction over them in a personal injury lawsuit brought by a man who was burned after a battery they manufactured exploded in his e-cigarette device, which the man’s counsel argues was a “foreseeable” use of the product.
March 29, 2023
11th Circuit Affirms Ruling That Nixed Expert Testimony And Dismissed Cancer Case

ATLANTA — In an unpublished opinion, a panel of the 11th Circuit U.S. Court of Appeals on March 28 affirmed a lower court’s decision in a cancer victim’s groundwater contamination lawsuit against Raytheon Technologies Corp. and held that a lower court did not abuse its discretion when it excluded the plaintiffs’ causation experts’ testimony and, therefore, the case was properly dismissed.
March 27, 2023
Court Enters Judgment After Ford Drops Asbestos Settlement Discovery Motion

GREENSBORO, N.C. — A federal judge in North Carolina entered judgment after Ford Motor Co. dropped its motion to compel production of settlements and offsets and assented to judgment based on plaintiff’s concession that settlements exceeded the jury’s $275,000 verdict.
March 24, 2023
UnitedHealthcare Says State Laws Regulating MA Plan ‘Standards’ Are Preempted

SAN FRANCISCO — A California Medicare Advantage (MA) provider filed a supplemental brief with the California Supreme Court in a negligence, elder abuse and wrongful death suit filed against it, contending that state laws purporting to regulate MA plans are preempted as confirmed by the First Circuit U.S. Court of Appeals in Medicaid & Medicare Advantage Products Association of Puerto Rico, Inc. v. Emanuelli Hernández, which found, in part, that the legislative history of the Medicare Advantage Act’s preemption clause shows the intent to expand preemption.
March 24, 2023
Woman Sues L’Oreal, Others For Fraud Leading To Injury From Phthalate Exposure

NEW YORK — A woman who says she has been injured as a result of exposure to phthalates in cosmetic products sued L’Oreal USA Inc. and others on March 23 in New York federal court contending that they negligently misrepresented and/or fraudulently represented that their hair-straightening products had been tested and were found to be safe, despite their knowledge to the contrary.
March 24, 2023
Stone Cutters Sue Quartz Makers For Fraud, Exposure To Hazards Causing Silicosis

LOS ANGELES — Two stone cutters have sued multiple companies that make quartz countertops in California state court, contending that they are liable for causing the cutters to develop silicosis by fraudulently concealing the toxic hazards of the products and creating hazardous conditions in which the plaintiffs were exposed to the products in question.