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Our Personal Injury Blog

 

Court Finds Plaintiff’s “Mere Speculation” in Premises Liability Case Insufficient to Survive Summary Judgment Challenge

| Feb 22, 2017 |

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…

Medical Malpractice Defendant Waives Argument for Appeal by Failing to Object at Trial

| Feb 16, 2017 |

Earlier last month, an appellate court in California issued a written opinion in a medical malpractice case upholding a lower court’s decision to grant the plaintiff a new trial after newly discovered evidence showed that the defendant may be liable for her loved one’s death. In upholding the lower court’s decision, the court denied the defendant’s argument that the plaintiff’s…

Federal Appellate Court Upholds $11 Million Jury Verdict in Favor of Product Liability Plaintiff

| Feb 8, 2017 | ,

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…

Seventh Circuit Court of Appeals Permits Premises Liability Plaintiff’s Claim for Punitive Damages

| Feb 1, 2017 | ,

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…

Court Determines that City May Be Liable for Accident Caused by Overgrown Stop Sign

| Jan 24, 2017 | ,

Late this month, an appellate court in Ohio issued an interesting decision involving the limits of a local government’s immunity from personal injury lawsuits involving claims that the government failed to maintain a public road. In the case, Bibler v. Stevenson, the court determined that a local government was not entitled to immunity when it allowed a stop sign to…

Appellate Court Rejects Plaintiff’s Argument that Jury Instruction Was Improper

| Jan 17, 2017 | ,

Earlier last month, an appellate court in Alaska issued a written opinion in a personal injury case affirming a trial court’s decision to deny the plaintiff’s post-trial motion after a jury found in favor of the defendant. In the case, Long v. Arnold, the court held that the trial court’s jury instructions properly summed up the applicable law and that…

Premises Liability Case Fails Due to Lack of Evidence Showing Defendant’s Knowledge of Dangerous Condition

| Jan 10, 2017 | ,

Last month, an appellate court in Michigan issued an opinion in a premises liability case, finding that the trial court was correct in granting summary judgment to the defendant, due to the plaintiff’s failure to present evidence of a required element of her claim. In the case, Lowrey v. LMPS & LMPJ, the court held that the burden is on…

How Government Design Immunity Can Eliminate an Indiana Personal Injury Plaintiff’s Claim to Recovery

| Jan 3, 2017 | ,

Government immunity is a concept that is present in almost all personal injury cases that name a government entity or employee as a defendant. Even in cases in which the plaintiff ultimately recovers compensation for their injuries after settlement negotiations or a trial, it is likely that the plaintiff had to overcome the issue of government immunity at some point…

Court Dismisses Accident Victim’s Case against Third Party’s Insurance Company

| Dec 28, 2016 | ,

In a recent case in front of the Supreme Court of Alabama, the court dismissed a plaintiff’s personal injury case that he had filed against the company he claimed was responsible for insuring him. In the case, Privilege Underwriters Reciprocal Exchange v. Grayson, the court determined that the jury verdict below in favor of the insurance company should stand. As…

Plaintiff’s Parking Lot Slip-and-Fall Case Fails to Survive Summary Judgment

| Dec 19, 2016 | ,

Earlier this month, a federal appellate court issued a written opinion in a premises liability case brought by a woman who slipped and fell on some loose stones outside a home improvement store. In the case, Piotrowski v. Menard, the court ultimately held that the plaintiff’s bare-bones assertion that the stones’ presence could have been due to the negligence of…

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