Earlier this month, a West Virginia court issued a written opinion in a premises liability case that arose when the plaintiff was injured after the handrail he leaned against broke, causing the man to fall down a hill. The decision in the case, Wheeling Park Commission v. Dattoli, reversed a…
Earlier this month, the Texas Supreme Court issued a written opinion broadly interpreting what constitutes a medical malpractice claim, holding that a hospital’s alleged fraud in obtaining consent to perform a private autopsy was subject to the additional procedural requirements of a medical malpractice action. In the case, Christus Health…
Back in 2014, actress and comedienne Joan Rivers died while undergoing a routine medical procedure in a New York clinic. The 81-year-old was suffering from some minor symptoms when she visited the defendant clinic for what was supposed to be a quick procedure. According to a recent New York Times…
Earlier this year, a federal court of appeals issued a written opinion interpreting the language of a contested insurance policy in favor of the insurance company, thus limiting the total amount of recovery among the three injured parties to $500,000. In the case, Trotter v. Harleysville Insurance Company, the court determined…
Doctors hold a very trusted position in society. In part, this is because they have tremendous power to cure diseases and ailments through a variety of means, one of which is surgery. However, surgery also presents a significant amount of risk in many situations. And before a doctor can perform any…
Earlier this month, an appellate court in Nebraska issued an opinion in a case arising out of a bus accident in which the city government named as the defendant admitted liability but argued that the damages ordered by the court were too high. In the case, Moreno v. City of…
Earlier this month, an appellate court in Maine issued a written opinion in a case filed by a man against a local government, alleging negligence for failing to maintain a safe property near the city hall. In the case, Deschenes v. City of Sanford, the court ultimately dismissed the case because…
Earlier this month, the Maryland Court of Appeals issued a written decision in a case brought by a woman who claimed that she suffered exposure to lead while living in the defendant’s property over 20 years ago. Since the plaintiff moved out of the defendant’s property, it had been torn…
Whenever a landowner invites others onto their land, the landowner assumes a duty of care to that person. Most commonly, this duty requires that the landowner take reasonable precautions to ensure that there are no dangerous conditions on their property that could result in injury to their guest. However, as…
When a company operates a factory or other operation for a long period of time in the same area, unanticipated consequences can arise from the pollutants expelled from the operation. However, under state and federal laws, companies that operate factories or other facilities in an area have a duty to…