Bodily Injury

News & Analysis as of

New York Court of Appeals Holds Non-Cumulation Clauses Applicable to Lead Paint Claims

In its recent decision in Nesmith v Allstate Ins. Co., 2014 NY Slip Op 08217 (N.Y. Nov. 27, 2014), the New York Court of Appeals – New York’s highest court – had occasion to revisit the application of “non-cumulation” clauses...more

When In Doubt, File the Limitation Complaint (Part III): The Test Is Reasonable Possibility

On December 3, 2014, the Fifth Circuit, in In re: RLB Contracting, Inc., No. 14–40326 (5th Cir. Dec. 3, 2014), concluded that an ongoing exchange of correspondence between counsel for a dredge involved in a maritime casualty...more

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must...more

Tracy Morgan Lawsuit Stalls, Star Suffers Brain Injury

Many people are familiar with the catastrophic trucking accident that left comedian Tracy Morgan severely injured and in a coma. Five months later, Tracy is still fighting to recover. According to a recent Associated Press...more

California Court Rejects Bad Faith Claim

In Graciano v. Mercury General Corporation, 2014 Cal. App. LEXIS 1028 (Cal. App. Oct. 17, 2014), the California Court of Appeal had occasion to consider whether an insurer may be held liable for bad faith for unreasonably...more

Personal Injury: The "Independent" (Defense) Medical Examination Required By Law

This is part of a series of blogs that discusses what a client can expect during various stages of a personal injury case. This post addresses what happens when the defense has the Plaintiff examined by a doctor in what is...more

Student Injury Case: Did the Governmental Immunity Defense Just Get Weaker?

Predictable horseplay and a metal locker with an exposed, jagged and rusty edge may be enough evidence for a jury to conclude that school officials had a “clear and unequivocal duty to act immediately to prevent harm” to...more

Construction Case Law Update - November 2014

Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

Premises Liability – Hotel Owner’s Duty to Children in Multiple Story Structures

Nan Lawrence, et al. v. La Jolla Beach and Tennis Club, Inc., et al. - Court Of Appeal, Fourth Appellate District (October 31, 2014) - In most premises liability actions, duty of the property owner is determined...more

Middle District of Florida: Court Denies Summary Judgment For Insured On First-Party Bad Faith Claim Where Permanence Of Injury...

Cadle v. Geico Gen. Ins. Co., No. 6:13-CV-1591-ORL-31G, 2014 WL 4983746 (M.D. Fla. Oct. 6, 2014). Middle District of Florida finds that insured’s bad faith claim for first-party failure to settle could not properly be...more

Indiana Court Holds Auto Exclusion Applicable to Forklift-Related Injury

In its recent decision in National Am. Ins. Co. v. Harleysville Lake State Ins. Co., 2014 U.S. Dist. LEXIS 160593 (S.D. Ind. Nov. 14, 2014), the United States District Court for the Southern District of Indiana had occasion...more

Risks Associated with Untreated Dog Bites

There is no denying that in the San Fernando Valley, we love our dogs. From dog-friendly businesses to outdoor dining areas, packed dog parks, and more, it is clear that we live in one animal-friendly city. Unfortunately,...more

Guardrail Ends – Open and Obvious Court Ends Liability for Contractor and Engineer Based Upon Slavin Doctrine

The Slavin Doctrine has been on the books for more than fifty years and is a favorite defense used by contractors, architects and engineers defending against personal injury and wrongful death claims. Generally, the Slavin...more

OSHA Revises Rule on Injury and Illness Reporting and Recordkeeping - What Employers Need to Know Now About the Changes Effective...

On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within eight hours, when an employee is killed on the job; and...more

Can I Sue If I Was Hit By a Car While Jaywalking?

While California pedestrians are legally required to cross streets in demarcated crosswalks, if you were jaywalking in the San Fernando Valley and were hit by a car, you may be able to recover financial compensation for your...more

Injured Workers Wrongfully Billed for Medical Care

If you are an injured worker with an accepted workers' compensation claim in Nevada, you should not be receiving bills from hospitals, radiologists, labs, doctors, or physical therapists for treatment that was authorized by...more

Uncertainty about the time limit for filing a groundwater contamination claim in North Carolina.

What is the latest date upon which a private plaintiff must file a claim for personal injury or property damage based on groundwater contamination in North Carolina? Until recently, the answer to this question appeared...more

Second Injury To A Body Part

Most of us have suffered some sort of injury over time. Be it from minor tweaks to major fractures, few of us go unscathed. Given this fact of life, a problem injured workers face is what happens if they hurt a body part on...more

California Employer That Did Not Gain Benefit From Employee’s Use of Car Is Not Liable for Accident

Lobo v. Tamco, No. E054523 (September 10, 2014): In a recent decision, the California Court of Appeal held that under the “going and coming” rule, an employer was not vicariously liable for an accident caused by an employee’s...more

Halloween Injuries: Who’s Liable?

With Halloween just around the corner, many residents of the San Fernando Valley are preparing for trick-or-treaters of all ages. While Halloween is supposed to be a fun, accident-free holiday, injuries can and do happen. ...more

Assumption of Risk on the Field of Play – A 2014 New York Roundup

Assumption of Risk is a simple doctrine. If you head down the ski slope, you assume the risk that you will wipe out – or that another skier will lose control and smack into you. If you play baseball, you assume the risk that...more

Coverage Options for Employee Asbestos Claims

Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more

Just Because You Hurt Isn't Enough To Establish You're Entitled To Benefits

As we’ve discussed, you have to prove that you’ve been injured as a result of your work-related accident to get medical treatment for that injury. One of the common misconceptions that can arise out of workers’ comp claims...more

TLSS New Jersey Attorneys Obtain Unanimous Defense Verdict in Bodily Injury Case Against Trader Joe’s

On October 16, 2014, TLSS associate Laura Faustino and partner Stuart A. Panensky won a unanimous defense verdict in a jury trial involving the Plaintiff Diana Seuffert’s claim for bodily injury sustained on the Trader Joe’s...more

Defendant’s Gross Negligence Leads to Adverse Inference Instruction (New York)

Riley v. Marriott Int’l, 2014 WL 4794657 (W.D. N.Y. Sept. 25, 2014). In this personal injury case, the plaintiffs sought video surveillance and “sweep logs” after one of the plaintiffs slipped and fell in the...more

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