News & Analysis as of

Negligence

Connecticut Supreme Court Issues Decision in Munn v. Hotchkiss

by Shipman & Goodwin LLP on

On Friday, the Connecticut Supreme Court issued its long-awaited ruling in Munn v. Hotchkiss School, the case involving a private school student who contracted tick-borne encephalitis on a school-sponsored trip to China. In...more

Protecting Vulnerable Adults While Protecting Their Physicians – A Proposed Statutory Amendment

by Snell & Wilmer on

The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore...more

Health Alert (Australia) 14 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 10 August 2017 - Inquest into the Death of Stephen Herczeg 57/2016 (1808/2016) - The said Court finds that Stephen Herczeg aged 72...more

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

by Fisher Phillips on

A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

How Are Injuries Proven for California Car Accidents?

If you’re involved in a car accident in Woodland Hills, California, you may find yourself in the middle of a fight to get the compensation that you deserve for the damage to your car and for your injuries. One of the most...more

Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

In Energy Ins. Mutual Ltd. v. Ace American Ins. Co. (No. A140656, filed 7/11/17, ord. Pub. 8/10/17), a California appeals court found that a professional services exclusion barred coverage for wrongful death and other claims...more

An Overview of North Carolina Premises Liability Law

by Ward and Smith, P.A. on

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based...more

Insurance Coverage – Has a “Collapse” occurred?

by Low, Ball & Lynch on

Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. - Court of Appeal, Second Appellate District (July 3, 2017) - Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. (“Tustin”), was an insurance coverage...more

Study Finds Obese Drivers are at Greater Risk of Death in Car Accidents

by Howard Ankin on

A new study found that obese drivers (people with body mass indexes above 30) are 78 percent more likely to die in a car collision than normal-weight drivers. These findings show an increase in fatalities among heavier...more

Is Negligence Enough for Bad Faith? The Eleventh Circuit Rejects an Invitation to Let the Georgia Supreme Court Decide

by Saul Ewing LLP on

In a two-paragraph opinion following oral argument, the Eleventh Circuit Court of Appeals affirmed a District Court’s judgment that Nationwide was liable for either negligent or bad faith failure to settle a claim. The trial...more

In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for...

Earlier, we wrote about an appellate court split concerning the Right to Repair Act (Civil Code sections 895 et seq.) which applies to construction defects in newly constructed residential properties including single-family...more

Adult Supervision Needed: Appellate Court Upholds Rule Precluding Negligent Supervision Claims Against Host for Failure to...

In Jerry Taylor v. Alton Trimble, No. B276732 (2017 WL 3187388 ) (Cal. Ct. App. July 27, 2017), the Court of Appeal for the Second Appellate District considered the question of under what circumstances a plaintiff can sustain...more

Financial Compensation for California Slip and Falls

If you’re hurt in a slip and fall accident in the San Fernando Valley, you may be eligible to receive financial compensation. The purpose of this compensation is to make you whole again, although in many instances we...more

Nevada Supreme Court Holds That Member-Managers Were Not Proper Parties To Negligence Claim Against An LLC

by Allen Matkins on

In an opinion issued yesterday, the Nevada Supreme Court addressed the extent to which a member of a limited liability company is protected in a negligence based tort action against the LLC. Gardner v. Henderson Water Park,...more

Pro Te: Solutio - Vol. 10 No. 2 – Spring 2017

by Butler Snow LLP on

It’s Spring! In this issue of Pro Te, we do a little a “spring cleaning” to brush the dust off some familiar topics that we consider in day-to-day pharmaceutical litigation. In The Forgotten Element? Warnings Proximate...more

Respond to Employee Restraining Orders

by Sherman & Howard L.L.C. on

An employer will face a trial on whether it negligently supervised an employee’s co-worker. The two workers had a relationship that ended when the man sexually assaulted the woman in her home. After trips to the emergency...more

Follow the Money and Beware the Extra “L”: First Department Sustains Claims against Fund Administrator After Hackers Grab Millions

A legal feud is underway between the world’s biggest hedge fund administrator and a former client over an email scam that resulted in hackers stealing millions in client funds. And not surprisingly, the time-honored...more

Federal Court in Oklahoma Rules that CERCLA Violation Is Not Negligence Per Se

by Freeborn & Peters LLP on

A federal district court in Oklahoma has held that CERCLA may not be used as a regulatory standard to state a claim for negligence per se. The plaintiffs in Bristow First Assembly of God, et al. v. BP, p.l.c., et al., N.D....more

Objective Foreseeability:  Indiana Continues to Broaden the Foreseeability Analysis in Premises Liability Cases

by Reminger Co., LPA on

In its June 19, 2017 opinion in Daviess-Martin Cty. Joint Parks & Rec. Dep’t v. Estate of Abel, 2017 Ind. App. LEXIS 260, the Indiana Court of Appeals paved the way for Indiana trial courts to expand their analysis regarding...more

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

by Carlton Fields on

On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Airline Passenger Mistreatment Claim Dismissed

by Benesch on

Recently, airlines have been subject to intense public scrutiny over several high-profile incidents over alleged mistreatment of passengers. These reports are not limited to one particular incident where a customer was...more

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

by Pepper Hamilton LLP on

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

Negligence liability: parent and subsidiary companies

by Dentons on

The High Court has considered the circumstances in which a parent company may be liable to third parties in negligence for the acts or omissions of its subsidiary....more

Primary Assumption of Risk Kicks Horseback Riding Injury Claim to the Curb

In Swigart v. Bruno, 2017 No. D071072, the California Court of Appeal, Fourth District, relied on the primary assumption of risk doctrine in affirming summary judgment against a plaintiff injured by a horse during an...more

Damages in Illinois Medical Malpractice Cases Not Limited

by Howard Ankin on

There are no limits on medical malpractice damages amounts in Illinois in cases that have occurred since 2010. This means that the victims of medical malpractice might be able to recover damages that fairly compensate them...more

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