A Baltimore City Circuit Court judge has given the “go ahead” for a student’s lawsuit to proceed – for now, at least – against Morgan State University, denying a Motion to Dismiss the lawsuit. Awful details here. The 23-year-old Plaintiff has filed suit against Morgan State for failing to act to…
A Mississippi Appeals court recently affirmed a trial court decision to throw out a Wal-Mart premise liability case involving a damaged container and corrosive burns. Instead of letting the events (and the injuries) speak for themselves, the court places an extremely high evidentiary expectation that was out of the plaintiff’s…
Last week, the Court of Appeals of Missouri decided a subsequent remedial measures case that I think is of interest to all personal injury lawyers no matter where you practice. The subsequent remedial measures rule is one of those law school standards that any second-year student can explain in about…
I’m amazed at how many smart, well-informed people are under the impression that if an accident occurs on a business’ property, the business is automatically liable for any and all damage. In the real world, slip and fall cases present much bigger hurdles to climb. Georgia Slip and Fall Cases…
A federal judge in Georgia recently dismissed a slip-and-fall case against Walmart finding that the company owed the woman no duty to keep its store safe from water hazards. In Chapman v. Wal-Mart, Wal-Mart’s Customer Service Manager began instituting rainy-day procedures. Employees were instructed to place carpeted mats in the…
In medical malpractice cases, form triumphs over substance way too often. Tennessee has been largely immune from this problem because, for years, Tennessee malpractice law did not require plaintiffs’ lawyers to jump through the hoops required by many states. Now, Tennessee has added a certificate of merit requirement and other…
You get a big verdict. Defendant’s big bone of contention on appeal is an evidentiary issue. When this happens, and it has happened to me a number of times, you are feeling pretty good about your chances. Particularly when the standard is – as it is for most evidentiary issues…
The Indiana Supreme Court sent back to the trial court last week a wrongful death medical malpractice action involving the tragic death of a child after surgery for an undescended left testicle. The boy was just 13 months old. Just awful. The issue in Alsheik v. Guerrero was something far…
After a week-long wrongful death trial in Minnesota, the family members of a twenty-two-year-old college student killed on a bicycle have said that while they are grateful for the jury award of $591,000. However, they would have preferred that the two men they blame for their son’s death be forced…
Trying to tell the difference between a product and a service may not be harder than deciding if a glass is half full or half empty, or if a tomato is better characterized as a fruit than as a vegetable, but it is certainly not easy.” Whitaker v. T.J. Snow…