Helping You Put Your Life Back On Track After A Serious Injury
A state appellate court in Maine recently handed down a decision that demonstrates the importance of meeting deadlines and other procedural requirements when making a personal injury or wrongful death claim, especially when the claim is against a state or municipality. The plaintiff in the case of Deschenes v. The City of Sanford was a man who claims that he was injured when he…
Earlier this month, the Indiana Supreme Court issued a written opinion in a premises liability case involving a woman who broke her leg while crossing a street. In the case, City of Beech Grove v. Beloat, the court determined that the city was not entitled to governmental immunity because the act of maintaining the road was not “discretionary,” as defined…
Earlier this month, a North Dakota appellate court issued a written opinion finding that a county fairground was not legally responsible for the plaintiff’s injuries sustained during a free fireworks display. The court based its decision on the state’s “recreational use statute.” The Facts of Woody v. Pembina County Annual Fair & Exhibition Association The plaintiff in the case, Woody,…
Earlier this month, the Supreme Court of Texas decided the case of Galvan v. Memorial Hermann Hospital System, in which the court determined that the slip-and-fall accident that injured the plaintiff, although occurring at a hospital, was not subject to the expert requirement of medical malpractice lawsuits. The Facts of the Case In the case, Galvan v. Memorial Hermann Hospital System,…
Earlier this month, the United States Supreme Court handed down a decision that discussed the application of the Foreign Sovereign Immunities Act (the “Act”) to personal injury cases brought against foreign governments. According to the Court’s decision, the “commercial activity” exception to the Act is limited to cases where the activity which constitutes the “gravamen” of the defendant’s allegedly negligent…
Earlier this month, a California appellate court decided a case that arose when a man was injured after he tripped and fell while fleeing from a chainsaw-wielding employee at a haunted attraction. In the case, Griffin v. The Haunted Hotel, Inc., the plaintiff was a visitor to one of the defendant’s several haunted attractions operated in the San Diego area.…
Earlier this month, an appellate court determined that a woman who injured herself while on a government-owned playground was not entitled to compensation under a premises liability theory. In ruling against the plaintiff, the court cited the state’s “recreational use statute.” The Facts of the Case According to the court’s written opinion, the plaintiff was a young girl who injured…
Last Friday, a 62-year-old steelworker who had been critically injured in a workplace accident died from his injuries. According to a report by the Chesterton Tribune, on February 8, the employee was working in a water treatment area at ArcelorMittal’s Indiana Harbor steel processing facility, and was seriously burned when he fell into a sinkhole of scalding water that had…
Soon, the Indiana Supreme Court is scheduled to hear the argument of a former Wabash student against Wabash College for injuries sustained during hazing incidents with his fraternity. The suit against Wabash College, and the on-school fraternity Phi Kappa Psi (otherwise known as Phi Psi), will hinge on whether either institution had the duty to ensure his safety.In 2007, the…
The parents of an eight year-old child have filed suit against the child’s school, alleging negligence and violations of their child’s statutory and constitutional rights. Doe v. Ball State University, et al, No. 18C01-1208-PL (Circuit Court No. 1, Delaware County, Ind., Sept. 28, 2012), removed to No. 1:12-cv-01464 (S.D. Ind., Oct. 10, 2012). The suit claims that the school negligently…