Bodily Injury

News & Analysis as of

Summer Months and Related Injuries

All of the great things about summer: long days, warm weather, and (hopefully) time off of work or school, are also the very same reasons that summer in the San Fernando Valley can be the most accident-ridden time of year for...more

Searcy Denney Files Additional Lawsuits Over Defective DePuy Pinnacle Metal-on-Metal Hip Implants

Searcy Denney’s Mass Tort Unit recently filed two new individual lawsuits on behalf of clients who have suffered personal injuries as a result of their defective DePuy metal-on-metal hip implants. The first case was filed on...more

Savannah Settled with Injured Woman for $9.5 Million — City Should Have Known About Damaged Tree

Shanta Greene’s cousin and his young son picked Ms. Greene up from her job as assistant manager at a Wendy’s restaurant in July 2010. As they drove along Bee Road and 42nd Street, a tree limb broke lose and landed on top of...more

Cornell Ruling Is Cause for Experts’ Concern

I recently co-authored an article for Law360 entitled “Cornell Ruling Is Cause for Experts’ Concern,” which covered the ruling by the New York Court of Appeals in Cornell v. 360 West 51st St. Realty, LLC (2014 NY Slip Op...more

Are Personal Injury Damages Avaiable in a Nuisance Case?

As promised, on May 22, today’s post is a study of the personal injury issues raised by the defendants in Parr v. Aruba. In this post we raise the question and discuss what the parties believe the answer should be....more

Expert Witnesses Not Required to Rule Out All Possible Causes in Product Liability Actions

On June 6, 2014, the 8th Circuit Court of Appeals reversed a district court decision excluding three experts, who were critical to the plaintiff to show causation, on the basis that they did not reliably rule out alternative...more

Shatto v. Mcleod: The “Specifics” (Or Lack Thereof) In Circumstantial Evidence

The South Carolina Court of Appeals recently had its second go-around with a workers’ compensation claim filed by a nurse anesthetist against a temporary medical staffing agency and against the hospital where that agency...more

Is The Employee Who Injured Me Responsible for My Injuries?

A tort is a civil wrong that causes an individual to suffer harm, loss, or other injury. Generally speaking, the person who commits the tortious act is legally responsible for the victim's injuries. The theory of tort law...more

$2.9 Million Jury Award For Texas Fracking Claim: Lessons for Energy Company Risk Managers

A jury in Dallas recently awarded $2.9 million to a Texas family in one of the first trials involving allegations that hydraulic fracturing caused nearby residents to suffer health problems and property damage. Although...more

Medical Malpractice Law: Orthopedic Malpractice [Video]

Medical malpractice attorney, Chris Messerly, explains what types of injuries can be caused by orthopedic malpractice and the appropriate standard of care....more

California Court of Appeals: Insurer Liable for Settlement Negotiated by Insured

California Court of Appeals affirms a jury verdict finding an insurer liable for settlement costs of its insured when the insurer refused to defend its insured in bad faith. San Diego Apartment Brokers (“Brokers”)...more

Infant Seat Defects and Child Safety Concerns

Stop Using “Nap Nanny” Recliners, Says Consumer Product Safety Commission - Many parents with infants look for comfortable chairs for their children, yet many of these products have dangerous defects. According to a...more

New York Court of Appeals Addresses Proof of Causation in Lead Paint Exposure Litigation

In many toxic tort cases, the date of exposure to the alleged toxin occurred years before the emergence of any symptoms of injury. For that reason, relatively simple rules for disclosure of medical proof may become more...more

Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

Farm workers denied Coroner’s inquest: greater risk of fatality in mining and construction industries, HRTO decides

The Human Rights Tribunal of Ontario has decided that it was not discriminatory for the Coroner’s Act to require mandatory inquests in construction and mining deaths, but not in farm deaths. ...more

Johnson & Johnson Quietly Settles Three Transvaginal Mesh Cases in Missouri

After committing to fight each of the thousands of transvaginal mesh cases it is facing, healthcare giant, Johnson and Johnson (J&J) quietly settled three mesh-injury cases in Joplin, Missouri last month. The three women had...more

Proximate Cause - An Important Practice Tip for Personal Injury Lawyers  [Video]

In this video, Carol Steinour Young of McNees Wallace & Nurcik LLC provides an important practice tip for personal injury lawyers when preparing their case for mediation or trial. In addition to focusing on duty, breach, and...more

First Circuit Addresses Definition of “You” in Liability Policy

In its recent decision in Metropolitan Prop. & Cas. Ins. Co. v. McCarthy, 2014 U.S. App. LEXIS 10622 (1st Cir. June 5, 2014), the United States Court of Appeals for the First Circuit, applying Maine law, had occasion to...more

Appelate Court Notes

SC19092 - Stafford v. Roadway - The plaintiff, a “20 year old minor,” (admittedly experienced with drinking) filed a twenty-four-count complaint against the defendants for personal injuries allegedly sustained after he...more

By Participating in a Sport this Summer, You are Probably "Assuming the Risk" of Injury

As we approach summer and the beautiful Southern California weather, many of us are engaging in sports and recreational activities that could result in injury. Woodland Hills personal injury attorney, Barry P. Goldberg,...more

Injuries And Emergency Room Visits From Xanax Misuse Skyrocket

As doctors and law makers struggle to reduce the rate of opiate based prescription drugs emergency room visits from alprazolam (Xanax) have increased dramatically. Cases of emergencies from misuse of Xanax ave risen from...more

OSHA Wins Victory in Seaworld Case Involving Death of Trainer

Sea World has been at the center of a firestorm of publicity after the death of killer whale trainer, Dawn Brancheau, in 2010. Ms. Brancheau’s death was featured in the documentary film, “Blackfish.” She was apparently...more

Children’s Summer Camps and Liability Waivers

The school year is swiftly coming to an end. If you are like many parents, you are scrambling to find entertaining, enriching activities for your children during the long summer months. Most children’s summer camps require...more

The Two Exceptions to Hold a Landowner Liable for Another's Negligence

Barry P. Goldberg looks for all possible sources of recovery when his client's are injured. Often, that inquiry involves "vicarious liability" for the negligent acts of an independent contractor. At common law, a person who...more

More Lawsuits Filed Against American Medical Systems, Inc.

American Medical Systems, Inc. (“AMS”) is a Minnesota based manufacturer of transvaginal mesh medical devices, which are support systems that are designed to correct stress urinary incontinence and pelvic organ prolapse....more

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