Wrongful Death

News & Analysis as of

Nursing homes barred from hiding patient harms behind a dubious legal shield

A 100-year-old woman is strangled by her roommate, but a lawsuit against the nursing home gets blocked from court. Another nursing home dodges a suit when a 94-year-old patient suffers an unexplained and fatal head wound. An...more

Viagra — Developments in Litigation

There have been some very recent developments in the national litigation regarding the erectile dysfunction (ED) drug Viagra and the allegation that its use increases a patient’s risk of developing melanoma. Judge Seeborg,...more

Safety topic was emphasized, not “buried in hundreds of power point slides”: employer establishes due diligence, not guilty in...

A Saskatchewan employer has been found not guilty of six occupational health and safety charges after a worker died of suffocation when he became engulfed in a grain receiving pit.  The employer’s extensive safety program had...more

Supervisor’s OHSA conviction upheld on appeal: prosecutor not required to prove what “hazard” caused concrete worker’s death

A supervisor’s Occupational Health and Safety Act conviction of failing to sufficiently and competently supervise work has been upheld on appeal, after a concrete worker died. The supervisor operated and managed a...more

Hospital Errors – No Disclosure

Hospitals and doctors, according to a recent study, rarely admit their mistakes. Deflecting responsibility and avoiding blame are traits that society associates with schoolchildren but not with accomplished professionals,...more

Santorii v. MartinezRusso

Arizona’s real estate statutes do not create an employer-employee relationship between brokers and agents, nor do they impose a non-delegable duty on the broker to supervise an agent’s driving. Real estate agent was ...more

“Reputable and responsible” owner / operator guilty of OHSA charge after drill rig collapse at York University

After a dramatic and tragic incident in which a large drill rig fell over at York University, fatally injuring a backhoe operator and badly injuring an excavator operator, the company that owned and operated the rig has been...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

[Webinar] Post-OSHA Citation: Contest Process, Settlement Goals and Strategy - September 7th, 1:00pm EDT

You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more

Guest Post – Through the Dictionary, and What One Court Found There: Adventures in the BAAA

It’s August and several your valiant bloggers are on vacation, so the skeleton crew manning the fort is even more grateful for reinforcements than usual. Here is another guest post, this time from Reed Smith‘s Court...more

Risqué Contest Sponsor Sued by Contestant’s Family After Promotion Fatality

This month, contest sponsor PKG Investments LLC d/b/a “Fire & Ice” and others were sued in a Santa Fe, New Mexico County Court by the family of a woman who choked to death during a racy, on-premises corn dog eating contest...more

Health Alert (Australia) August 15, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 11 August 2016 - Health Care Complaints Commission v Sheldrick [2016] NSWCATOD 105 - Ms Sheldrick...more

Who Can Sue for Wrongful Death?

Woodland Hills personal injury lawyer Barry P. Goldberg, on occasion, must meet with families those who have died in car, motorcycle or pedestrian accidents. One of the fundamental questions concerns who has the right to sue...more

Health Alert (Australia) August 1, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 27 July 2016 - Hamm v South Gippsland SC [2016] VCAT 1253 - South Gippsland Shire Council issued a...more

While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy...

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing...more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

Medical Malpractice and Healthcare Quarterly - Summer 2016

AFFIDAVIT OF MERIT NOT REQUIRED AS TO CLAIMS AGAINST DENTISTS - Limiting the scope of the affidavit of merit statute, the Superior Court recently held that an affidavit of merit was not required where a plaintiff filed a...more

Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...more

Supreme Court of Missouri Holds Patient’s Family Could Not Sue Physician for Wrongful Death, but Patient’s Personal Representative...

The Supreme Court of Missouri, en banc, vacated a trial court’s grant of summary judgment in favor of a physician and remanded the case, because the allegations in the petition stated a cause of action for medical negligence...more

Products Liability: Appellate Victory of Children's Products Manufacturer Shows the Importance of Understanding State Products...

On July 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. ("Dorel") in a case involving claims that a defective doorknob cover manufactured by...more

Health Alert (Australia) July 18, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia 13 July 2016 - Inquest into the death of Geoffrey Scott Noakes Mr Noakes was a 43 year old with a...more

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint...more

How Regulations Protect Workers when Handling Explosives

There are over 650,000 chemicals in use within the United States. These chemicals are used to make everything from plastics and furniture, to bedding and food. These chemicals and the production processes they are used in are...more

Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court....more

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