Smotherman v. Cass Regional Medical Center: “No Court Can Guarantee Perfect Trial”

A slip-and-fall accident plaintiff in Missouri sought a retrial after learning that a juror who weighed her case engaged in misconduct by Googling the weather on the exact day of her injury. The Missouri Supreme Court, in its review of Smotherman v. Cass Regional Medical… read more

South Florida Woman’s Family Claims Negligent Security Led to Her Murder

Negligent security played an integral role in the death of a 59-year-old woman killed in her gated community home in Davie two years ago, her family alleges. The Sun-Sentinel reports the family has filed a wrongful death lawsuit against the property management company as well as… read more

Car Seat Manufacturer to Face Florida Child Injury Lawsuit in 2017

A Florida judge in Duval County has set a trial date for August next year against the makers of the Ohio-based Evenflo, a car seat manufacturer accused of improperly recommending car seats that are too big for some children. The lawsuit was filed on behalf… read more

Study of Head Injuries Gets Another $100M From NFL

The National Football League has pledged more support to the study of head injuries. The professional sports organization says the goal of “Play Smart, Play Safe” is to explore ways to prevent, diagnose and treat head injuries that are known to result from playing this… read more

NHTSA: Traffic Fatalities Rose in 2015, Largest Uptick in Decades

The latest government statistics on car accidents and resulting fatalities in the U.S. paints a troubling picture of the lack of safety on our national highways and roads.  Last year, the number of people killed in motor vehicle crashes was nearly 35,100, according to the… read more

Hoverboard Injuries Prompt Nearly a Dozen Manufacturer Recalls

Product liability lawsuits may be on the horizon for hoverboard manufactures, as the Consumer Product Safety Commission (CPSC) reports at least 10 companies have recalled the devices.  There are two main dangers with the devices: The CPSC refers to the devices as “self-balancing scooters,” though… read more

“Textalyzer” Brings Hope of Distracted Driving Detector After Crashes

Officers investigating drunk driving accidents have a device at their disposal called breathalyzers, which help them detect a person’s breath-alcohol concentration. Blood-alcohol concentration can also be detected through a blood test, though they may have to get a warrant for that. In cases where a… read more

$20 Million Truck Accident Lawsuit Verdict for Traumatic Brain Injuries

Personal injury lawyers successfully worked to obtain $20 million for their client, who suffered brain injuries as a result of a truck accident. Though they had argued for $25 million in the case, they overcame defense arguments that plaintiff’s costs for past and future care… read more

School Bus Accident Kills 1 Student, Injures 13 Others

Tragedy struck recently on a highway in South Georgia when a tractor-trailer struck a school bus carrying 30 students, killing one and injuring 13 others. Authorities reported a 15-year-old girl was killed in the collision, which occurred in the southbound lanes of I-75. The crash… read more

Carter v. Reese – Good Samaritan Laws Protect Those Who Hurt While Trying to Help

Good Samaritan laws exist throughout the country and are intended to offer legal protection to persons who may otherwise be reluctant to provide assistance to someone who is injured, incapacitated or in danger. These laws can be complex and vary from state-to-state.  Florida’s Good Samaritan… read more

Federal Food Poisoning Lawsuit Alleges Chipotle Execs Failed on Quality Control

A federal lawsuit filed against Mexican fast-food chain Chipotle by its shareholders alleges that company leaders failed in their response to a series of food-borne illness outbreaks that sickened customers across the country. This lawsuit was filed by shareholders who accuse the top company brass… read more

Page v. Moses Taylor Hospital – Twins’ Death Medical Malpractice Settlement for $4.25M Not Sealed

Opening arguments had been slated to begin in the case of Page v. Moses Taylor Hospital, a medical malpractice action in suburban New York following the death of two unborn twin girls in utero after their mother suffered from pre-eclampsia.  This dangerous condition occurs usually… read more

Liability Waiver Overcome With Evidence of Gross Negligence

A growing number of organizations are requiring a signature on liability waivers before allowing folks to participate. On one hand, these documents are supposed to help patrons stay informed of the possible risks. The problem is, people rarely read them – or read them thoroughly –… read more

In re: Aramark Sports – Duty to Warn of Inclement Weather, Vessel Limits in Fatal Boating Accident

A federal appeals court gave limited reprieve to a boat rental company defending itself in a wrongful death lawsuit stemming from a 2009 boating accident in which two couples died and one other couple survived with injuries. The question was whether the boat rental company… read more

Appleabaum v. Target Corp. – Defective Bicycle Lawsuit Grinds to a Halt

Most people when they hear the words “cycling accident” automatically think of a collision with a car. It’s true that a significant portion of serious bicycle accident injuries are the result of bike run-ins with motor vehicles. However, most bicycling accidents overall are solo crashes…. read more

Ballard v. Kerr – Liposuction Lawsuit Alleges Medical Malpractice of Surgeon

A liposuction surgery went horribly wrong, according to the husband of the patient who died less than a week after undergoing the knife. Now, the Idaho Supreme Court in Ballard v. Kerr has affirmed plaintiff’s nearly $4 million damage award, though the court did order… read more

Bixenmann v. Dickinson Land Surveyors – Plaintiffs Needed Expert Witness to Prove Injury Lawsuit

When a person alleges negligence on behalf of a professional person who was acting in the scope of employment at the time of the purported wrongful act, it may be necessary for the plaintiff to secure expert witness testimony. In these cases, a finding of… read more

Smith v. Leake County School District – Failure to Protect Against Bullying

We trust that when we send our child to school, the teachers, administrators, coaches and other staff are going to do all they can to ensure the safety of our youth. In fact, they have a legal duty to do so.  When that does not… read more

Hot Air Balloon Pilot in Fatal Accident Had Priors for DUI

The man at the helm in the deadliest hot air balloon crash in U.S. history reportedly had at least four drunk driving convictions and had reportedly done two stints in prison, according to public records.  Whether those facts had anything to do with the horrific… read more

Link v. FirstEnergy Corp. – Utility Company Not Liable for Poorly-Placed Poles

Even though a utility company placed its poles in a position that failed to abide U.S. Federal Highway Administration “Clear Zone” stipulations, and even though this failure was noted by the local government with which it contracted, the Ohio Supreme Court has declined to hold the company responsible… read more