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…
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…
Earlier last month, a California court heard a case against the County of San Diego brought by an accident victim who was injured when he was struck by another motorist on a roadway he claimed was poorly designed. In the case, Hampton v. County of San Diego, the court ultimately…
Earlier last month, one state supreme court handed down an opinion distinguishing accidents that occur at a hospital but do not involve a breach of a professional medical duty from actions brought under a theory of medical malpractice. In the case, Galvan v. Memorial Hermann Hospital System, the plaintiff was a woman…
Earlier this month, a California appellate court issued an opinion in a case between accident victims and the insurance company of the at-fault driver. In the case, Nationwide National Insurance Company v. Shimon, the at-fault party’s insurance company was determined not to be liable for the injuries sustained by the…
Doctors, nurses, and other medical professionals are charged with the venerable duty to keep their patients healthy to the best of their ability. Of course, sometimes there is nothing that a medical professional can do to prevent illness or death, since it is the inevitable course of the human existence. However,…
Earlier this month, the United States Supreme Court decided a case that gave the court occasion to discuss the Foreign Sovereign Immunities Act (the “Act”). The Act is an agreement among nations that limits the liability of foreign governments. The Act generally gives foreign sovereign countries immunity unless the alleged conduct…
Earlier this month in California, an appellate court heard a case brought by a young man who was injured when he tripped and fell after being startled at a haunted attraction. The court ultimately decided that the plaintiff assumed the risk of such an injury by participating in an activity…
Earlier this month, a California family was awarded $9.6 million after an eight-day trial culminating in the judge finding that the doctor was negligent in the delivery of their child. According to one local California news source, the young girl, who is not three years old, will never be able…
Earlier this month, an appellate court in Vermont decided a case implicating the state’s recreational use statute. In the case, Symonds v. City of Pawtucket, the plaintiff was the mother of a young girl who was injured while she was playing on a playground on city property. The mother filed a…