Bodily Injury

News & Analysis as of

New Win for Old Spice

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G. ...more

New Turbulence App May Prevent In-Flight Injuries

US aircraft experience 65,000 incidences of moderate to severe turbulence each year. Turbulence-related injuries range from minor cuts and bruises to fractures, broken bones, and serious spinal and head injuries. A flight...more

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

After accepting guilty plea, prosecutor cannot reargue trial court’s decision to exclude evidence of worker’s injury when setting...

The Ministry of Labour cannot reopen a Justice of the Peace’s decision to exclude evidence that a worker was injured, where the defendant company later pleaded guilty to Occupational Health and Safety Act charges and the...more

IN Indiana, Insurer Calls Out Policyholder Bad Faith and Prevails

In a recent opinion, Carpenter v. Lovell’s Lounge and Grill, LLC, et al., --- N.E.3d ---, No.33A01-1602-CT-265, 2016 WL 4701673 (Ind. Ct. App., Sept. 8, 2016), the Indiana Court of Appeals addressed — for the first time under...more

Stryker Accolade V40 LFIT Hip Implant Dissociation – What Are the Experts Saying?

Over the past few years, various orthopedic surgeons around the country and their patients have been faced with a catastrophic failure of Stryker’s Accolade and V40 LFIT hip implants and incredible challenges for the...more

Continuing to Play Following Concussion Can Prolong Recovery And Expose Athletes to Catastrophic Second Impact Syndrome

A new study published in the September, 2016 issue of Pediatrics provides evidence that returning to play immediately following a sports related concussion, even without a “second impact” nearly doubles, on average, the...more

Five Common Injuries that Occur in Auto Accidents

According to statistics from the National Highway Traffic Safety Administration, there are five types of injuries that commonly occur from auto accidents. In Illinois accidents, an auto accident lawyer Chicago often...more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

GM Settles Pair of Ignition-Switch Cases, Faces Thousands More in Massive MDL

Plaintiffs in two separate federal bellwether cases against General Motors (GM) have won their claims against the automobile manufacturer and its faulty ignition switches. The settlements involve two women who were seriously...more

Is Air Travel Still Safe?

With so many airline crashes in the news, one has to wonder if it’s safe to fly anymore. Despite the threat of terrorist attacks, bombs and mid-air explosions, the International Air Transport Association assures passengers...more

NCAA Faces New Class-Action Concussion-Related Lawsuits

The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22...more

When Accidents Lead to Paralysis

Paralysis is one of the most serious potential effects of a traumatic physical injury and is most often the result of a serious injury to one’s central nervous system such as direct damage to the spine or brain. When...more

OHSA conviction, $48,000 fine upheld on appeal: “blocking” of machine required physical block

An Ontario Appeal judge has upheld an employer’s conviction under the Occupational Health and Safety Act for failure to “block” a machine, after the trial justice held that “blocking” required a physical block, not simply...more

Commonsense Tips for Documenting Reported Accidents

One of legendary coach John Wooden’s sayings goes, “If you don’t have time to do it right, when will you have time to do it over?” While common-sense advice applies across the board, it is particularly applicable to proper...more

Determining the Value of a Trip and Fall Case

In a trip and fall lawsuit,just like with almost any lawsuit, there is no guarantee of a certain monetary award. While a skilled personal injury attorney can examine the facts of your case to determine a potential estimate...more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Dog Bite Cases: Don’t Make these Mistakes

Dog bites can indeed be painful and traumatic experiences. In 2015, 34 dog bite fatalities were reported in the United States. Out of these, 20 were adults and 14 were children. Fact is that hundreds of Americans get bit by...more

Accidents and Spinal Cord Injuries

Spinal cord injuries can be among the most life-threatening injuries caused by an auto accident. Our spinal cords carry vital and sensitive nerves that act as messengers along the “communication highway” that runs between our...more

Pokémon Oh No! Augmented reality raises specter of personal injury claims: M&R Blog

There’s no denying it—Pokémon have taken over the country and, as of the popular app’s launch in more than 30 countries over the past few weeks, the world. As the media is eager to point out, the game’s launch has not been...more

Insurance Coverage – Equitable Indemnity Claim by Excess Carrier

Ace American Insurance Company v. Fireman’s Fund Insurance Company - Court of Appeal, Second Appellate District (August 5, 2016) - Where an underlying insurer rejects a settlement offer within its policy limits, and...more

Health Alert (Australia) August 8, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland - 28 July 2016 - Beven v Brisbane Youth Service Inc [2016] QSC 163 - The plaintiff, Lindsey Beven, was...more

Ambiguous Scope of 998 Offer Forfeits Potential Post-Offer Cost Recovery

In Yolanda Ignacio v. Marilynne Caracciolo (No. B266930), the California Court of Appeal for the Second District found that a settlement offer seeking to release a party from claims outside the scope of the litigation at...more

Amputee Victims and Financial Recovery

If you have lost a limb in a serious car accident or motorcycle accident, you may be wondering what’s next. After the extensive surgeries and treatment, and piling medical bills, you may be concerned about how you will live...more

A Child Suffering — A Family’s Pain

As adult-children, sisters, brothers, and friends, chances are you may be asked to be surrogate for a loved one at some point in your life. If not, someone probably will ask you to weigh in on what to do when medicine can...more

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