Helping You Put Your Life Back On Track After A Serious Injury
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…
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…
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…
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…
Earlier this month in Chattanooga, Tennessee, six students were killed in a bus accident that has left many families with unanswered questions. According to a local news report covering the devastating accident, the bus was not on its scheduled route when the driver lost control and crashed into a tree, literally bending the bus in half. In all, six students…
Last month, a Mississippi court issued an opinion in a truck accident case brought by a man who was injured in a chain-reaction accident when he rear-ended another vehicle that was stopped in a traffic jam caused by the original accident. In the case, Ready v. RWI Transportation, the court held that the second accident was too far removed from the…
Many personal injury cases require the testimony of at least one expert witness. Expert witnesses are used to establish certain facts that are beyond the common knowledge of lay witnesses. For example, in medical malpractice cases, expert witnesses are commonly used to explain to the jury what the standard procedures are in certain medical situations. The selection of an expert…
Earlier this month, an appellate court in Kentucky issued an opinion in a premises liability case brought by a man who slipped and fell while staying as a guest in the defendant hotel. In the case, Goodwin v. Al J. Schneider, the court had the opportunity to discuss the duty of care hotels owe to their guests, ultimately holding that…
Earlier last month, an appellate court in Louisiana issued a written opinion invalidating an arbitration clause in a case brought by the parents of a young child who was injured while at the defendant’s trampoline park. In the case, Alicea v. Activelaf, the court held that although the plaintiff voluntarily signed a contract containing a clause agreeing to arbitration, the clause…
All personal injury cases are subject to a statute of limitations. Statutes of limitations lay out the time frame in which a plaintiff needs to file their case. If a case is filed after the statute of limitations, it will be dismissed by the court as untimely unless an exception applies. Medical malpractice cases in particular are subject to generally shortened and…