Earlier this month, the Oregon Supreme Court issued an opinion determining that a city employee is not considered an “owner” of city property and thus, may be held liable for his negligent actions that result in another’s injury. In the case, Johnson v. Gibson, the court’s ruling will permit the…
Maryland Accident Law Blog
Maryland Medical Malpractice Lawsuits Arising after Serious Birth Injuries
Any time a patient seeks medical care, they are doing so with the hope and expectation that what they are seeking to be provided with will be adequate. This is nowhere more so the case than when a family chooses the doctor who will help them through their pregnancy and ultimately deliver their…
Plaintiff’s Case Against University Dismissed Based on Improper Venue
Earlier this month, a Mississippi appellate court dismissed a negligence action against an Alabama university, based on the fact that the case was filed in an inappropriate jurisdiction, and the court did not have the authority to transfer the case to a more appropriate court. In the case, Ramsey v.…
Johnson & Johnson Ordered to Pay $72 Million Award Based on Product Liability Lawsuit over Talcum Powder
Earlier this month, health care products giant Johnson & Johnson was ordered to pay out roughly $72 million to one woman over allegations that the company’s talcum powder caused her ovarian cancer. According to one local news source reporting on the case, the case relied not just on the fact…
Birth Injury Plaintiff’s Failure to Timely Serve Defendant Nearly Results in Dismissal
Earlier this month, one state’s supreme court issued a written opinion in a birth injury case that had been dismissed by the lower court because the plaintiff failed to serve the defendant with notice of the lawsuit in a timely manner. In the case, Collins v. Westbrook, the plaintiff was…
Medical Malpractice Case Dismissed for Failure to Comply with Medical Expert Requirements
Earlier this month, a state supreme court issued an opinion in a medical malpractice case, preventing a plaintiff’s case from moving forward based on the plaintiff’s failure to comply with the state’s medical expert requirement in medical malpractice lawsuits. In the case, Easterling v. Kendall, the court did not allow…
Appellate Court Determines Dog Attack Plaintiff’s Case Should Go Forward, Despite No Allegations of Physical Contact
Earlier last month, an appellate court in Nebraska heard an interesting personal injury case in which the plaintiff was injured by her own reaction to a dog’s aggressive approach, rather than any injury sustained by physical contact with the dog itself. In the case, Grammer v. Lucking, the plaintiff sustained injuries…
Maryland Court Allows Plaintiff to Recover Compensation After Accident with Police but Limits Damages Under Tort Claims Act
Earlier last month, a Maryland appellate court heard a case that was brought by the family of a man who was killed in a motorcycle accident involving a police officer. In the case of Beall v. Holloway-Johnson, the plaintiff who was the personal representative of a man who was killed when…
Court Dismisses Accident Victim’s Lawsuit Against University Based on “Absolute Immunity”
Earlier this month, an appellate court affirmed the dismissal of a plaintiff’s case against the University of California Santa Cruz based on the university’s absolute immunity in building and maintaining a bike path. In the case, Burgueno v. The Regents of the University of California, the court determined that a…
Court Upholds “Release of Liability” Form in Whitewater Rafting Accident
Earlier this month, the Tenth Circuit Court of Appeals decided a case involving a wrongful death claim brought against a whitewater rafting tour company, alleging that the company’s negligence resulted in the death of the individual. Ultimately, however, the court affirmed the lower court’s dismissal of the claims based on…