Helping You Put Your Life Back On Track After A Serious Injury
Earlier this month, an appellate court in Alabama issued a written opinion in a premises liability case that was brought by an accident victim against a local city that owned and operated the park where the plaintiff’s injury occurred. The case presented the court with the opportunity to discuss recreational-use immunity and what a plaintiff must show to overcome this immunity.…
Earlier this month, a state appellate court issued a written opinion in a lawsuit that was brought by the parents of a young girl who was injured while playing on a zip-line at her school’s playground. The case required the court to determine if the zip-line constituted a “dangerous condition” under the state’s government immunity statute. Finding that it did not,…
Last month, a state appellate court issued a written opinion in a premises liability case brought by a man who claimed he slipped and fell in a fast food restaurant. The case presented the court with the opportunity to discuss how lower courts should handle summary judgment motions filed by the defendant when conflicting facts exists. Since summary judgment is only appropriate…
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a number of people who were injured when the rear deck of a home owned by the defendant and rented to several of the plaintiffs disconnected from the home and fell to the ground. Ultimately, the court concluded that the landlord…
Earlier this month in Michigan, one boy was killed and 14 others hospitalized after they were all exposed to what was believed to be carbon monoxide while at a hotel’s indoor swimming pool. According to a local news source covering the tragedy, many of the injured guests were found unconscious in the pool area, which evidently did not have a carbon…
An axiomatic law of appellate procedure is that an appellate court can only rule on an issue on which the trial court had the opportunity to rule below. Thus, any argument that a party fails to make during a trial will considered to be waived for the purpose of appellate review. This rule is very important for personal injury plaintiffs to…
Earlier this month, an appellate court in Wyoming issued an opinion in a premises liability lawsuit brought by the parents of a middle-school student who fell while playing on a patch of ice with friends. The court ultimately affirmed the dismissal of the plaintiffs’ case, based on the fact that the allegedly hazardous condition that caused the boy’s fall was…
Last month, a Georgia appellate court issued a written opinion in a premises liability case that required the court to determine if the plaintiff’s allegations of what caused her fall were sufficient to survive a summary judgment challenge by the defense. Ultimately, the court determined that the plaintiff’s version of how her injuries were caused was “mere speculation” and did…
Earlier this month, the Federal Court of Appeals for the Seventh Circuit issued a written opinion affirming an $11 million jury verdict in a product liability case brought by a man who was injured while using a ladder manufactured by the defendant. The defendant’s appeal involved evidentiary challenges to the plaintiff’s two expert witnesses as well as a challenge to…
Earlier this month, the Seventh Circuit Court of Appeals heard a case requiring the court to determine if a lower court properly denied the plaintiff the opportunity to submit her claim for punitive damages to the jury. Ultimately, the court determined that the lower court improperly ruled that the plaintiff’s claim for punitive damages failed as a matter of law. As…