Most jurisdictions leave the judge’s discretion whether to admit photographs from a car accident for the purpose of demonstrating the extent of the injuries of the occupants of the car. In Davis v. Maute, 770 A.2d. 36 (Del. 2001), the Supreme Court of Delaware took a minority view, holding that…
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Average Jury Verdicts in Kansas City
The Kansas City Star reported last month that the average plaintiffs’ verdicts in the Kansas City metro area last year averaged nearly $1.3 million, nearly double the 2006 average of $688,337. Does this mean that Kansas City juries have become remarkably more liberal? No. Now is the time to dust…
Cost of Obtaining Medical Records in Florida
The Orlando Sentinel reports that Florida Medical Association is asking the Florida legislature to change the law to increase what doctors may charge to get copies of medical records. Currently, Florida doctors can charge $1 per page for the first 25 pages and 25 after that. Believe me, I realize…
New Jersey May Join the Civilized World in Compensating Wrongful Death Claims
The New Jersey state legislature is considering a bill allowing wrongful death beneficiaries to recover damages for emotional harm. The bill, approved Thursday by the New Jersey State Senate Judiciary Committee by a 7-4 vote, would allow the families of those killed in auto accident, by medical malpractice, or other…
Team Liability for Injury from Foul Ball
The San Diego Union-Tribune reported yesterday on a case pending in the Nevada Supreme Court which may have a major impact on the extent to which stadium owners can be held liable when fans are injured during sporting events. Baseball-related lawsuits settlements and verdicts The Turner Case Five years ago,…