Helping You Put Your Life Back On Track After A Serious Injury
State, local, and federal governments, as well as related government agencies, enjoy a general blanket of immunity from personal injury lawsuits. This means that in many cases filed against a government agency or employee, the injured party will not be permitted to recover compensation for their injuries because the named defendant is immune from liability. However, government liability does have…
Earlier this month, a West Virginia court issued a written opinion in a premises liability case brought by a man who suffered a shoulder injury when he fell after leaning on what turned out to be a damaged handrail. The court in the case of Wheeling Park Commission v. Dattoli determined that the injured man’s case against the park was…
Earlier this month, an appellate court in California issued a written opinion holding that a wrongful death lawsuit filed by the father of a young man killed while skateboarding was properly dismissed below because the young boy assumed the risk of the dangerous activity in which he was engaging when he suffered his fatal injury. In the case, Bertsch v. Mammoth…
Earlier this month, the Nebraska Supreme Court issued an opinion in the case of Pittman v. Rivera, holding that a bar owner was not liable under a theory of negligence when one of the bar’s patrons struck another customer after being kicked out for being aggressive. The court based its decision on a lack of foreseeability at the time the bar’s…
Earlier this month, an appellate court in Delaware issued an opinion in a personal injury case brought by the family of a young girl who was struck by a car while she was about to board her school bus. The case presented the court with an interesting question: whether the school bus’ insurance company could be responsible for the girl’s…
Medical malpractice and personal injury lawsuits go through several phases before the case is submitted to a jury at trial. Two of the most important pre-trial phases are the discovery phase and the summary judgment stage. The discovery phase is where the parties exchange relevant information to the case that the opposing party may not have or know to exist.…
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…
Drunk driving is one of the leading causes of fatal traffic accidents in Indiana. In fact, so far this year there have been over 5,500 alcohol-related car accidents in Indiana alone. Of those, roughly 2,300 have resulted in injury, and 205 have resulted in death. These figures represent about one-third of all traffic accidents in the entire state. With drunk…
Earlier this month, an appellate court in Maryland issued a written opinion in a case involving allegations that a cement company was negligent in the hiring of an independent contractor. In the case, Perry v. Asphalt & Concrete Services, Inc., the court ultimately decided that the plaintiff should not have been permitted to submit evidence of the truck driver’s lack…
Earlier this month, the Supreme Court of Utah issued an opinion in an interesting case considering the age at which young children can be held legally responsible for their own negligent actions. In the case, Neilsen v. Bell, the court was not provided the opportunity to consider whether the parents were liable, and it had to look solely at the…