Earlier this month, a jury awarded a Georgia doctor $7 million in a premises liability lawsuit brought against the hospital where the doctor sustained a career-ending head injury after falling to the ground after slipping off a rolling stool. According to one local news report covering the case, the doctor…
Maryland Accident Law Blog
Court Allows Premises Liability Plaintiff to Seek Punitive Damages
Earlier this month, a federal court of appeals issued a written opinion in a premises liability case brought by a woman who was seriously injured when a glass shower door at the defendant’s hotel shattered, covering her naked body in shards of glass. In the case, the court reversed a…
Court Determines Teacher’s Supervision of Students Is a Discretionary Action Entitled to Official Immunity
Earlier this month, an appellate court in Georgia issued a written opinion in a wrongful death case brought by the parents of a boy who died while in the defendant teacher’s classroom. In the case, Barnett v. Atlanta Independent School System, the court held that a teacher’s decision on how…
Court Reversed $1.2 Million Verdict in Wrongful Death Case, Based on Plaintiff’s Untrue Statements
Earlier this month, an appellate court in Nevada issued a written opinion affirming the reversal of a $1.2 million jury verdict in favor of a wrongful death plaintiff after a lower court determined that the plaintiff’s attorney committed fraud on the court. In the case, Adams v. Fallini, the court…
Appellate Court Discusses Foreseeability in Recent Car Accident Case
Earlier this month, an appellate court in New York issued a written opinion in a personal injury case that required the court to discuss the foreseeability element of the plaintiff’s claim and determine if the plaintiff’s injuries were a foreseeable result of the defendant’s alleged negligence. Ultimately, in the case,…
Plaintiff Unsuccessful in Car Accident Case Due to Failure to Establish Causation
Earlier this month, a state appellate court issued a written opinion in a car accident case that was brought by a woman who claimed that she was injured after the defendant ran her off the road. In the case, Long v. Arnold, the court affirmed the court’s decision below, ultimately…
Court Discusses Parties’ Respective Burdens in Premises Liability Summary Judgment Motion
Earlier this month, an appellate court issued a written opinion in a premises liability case brought by a woman whom had slipped and fallen on some icy steps outside a restaurant. In the case, Lowrey v. LMPS & LMPJ, the court took the opportunity to clarify each party’s burden when a…
Plaintiff’s Slip-and-Fall Case against Apartment Complex Not Barred by Immunity Statute
Earlier this month, the highest court in Illinois issued a written opinion in a premises liability case requiring the court to interpret a statute that on its face grants immunity to property owners who are negligent in the removal of snow or ice on their land. In the case, Murphy-Hylton…
Court Holds Department of Motor Vehicles Is Not Liable in Car Accident Case
Earlier this month, an appellate court in West Virginia issued a written opinion in a case brought by the surviving family members of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court held that the DMV was entitled to governmental immunity,…
Court Allows Civil Claim for Injuries Sustained During DWI Arrest to Proceed
The burden of proof is on the state to prove guilt beyond a reasonable doubt in driving while intoxicated (DWI) cases. A defendant can challenge evidence based on the police’s conduct at the time of the arrest. If a traffic stop or search violated a defendant’s constitutional rights, the court…