Wrongful Death

News & Analysis as of

Florida High Court Poised to Clarify Harmless Error Standard in Civil Appeals

On June 20, 2012, the Florida Supreme Court accepted review of a Fourth District Court of Appeal case that certified the following question of great public importance: “In a civil appeal, shall error be held harmless where it...more

Torts – Parents and Minor not Liable for Minor Guest’s Alcohol Poisoning Death

Steve Allen, et al. v. Wallace Liberman, et al. - Court of Appeal, Third District (June 18, 2014) - In this case, the Appellate Court applied social host immunity to exonerate defendant parents and their minor...more

Eleventh Circuit Reverses District Court on Application of Noneconomic Damages Cap

Yesterday, the Eleventh Circuit issued an order in Estate of McCall v. USA reversing the district court’s order applying the noneconomic damages cap. The Eleventh Circuit remanded the case for further proceedings consistent...more

Uptick in Hazing-Related Incidents Provides Sobering Reminder of Potential Claims Against Colleges and Universities

Across the United States there has been a recent surge of injuries — and deaths — resulting from hazing and initiation rites led by student organizations. These tragic events have produced lawsuits and investigations into...more

Illinois Supreme Court Holds Wrongful Death Attorney Owes Duty to Decedent's Beneficiaries

A unanimous Illinois Supreme Court added a new complication for plaintiffs’ counsel handling wrongful death cases late last week, unanimously holding in In re Estate of Perry C. Powell that an attorney representing the...more

U.S. Supreme Court Asked to Decide Whether Wrongful Death Suits are Subject to Arbitration

The United States Supreme Court was recently asked to determine whether the Federal Arbitration Act (FAA) preempts a state law rule that prohibits enforcement of pre-dispute arbitration agreements in certain wrongful death...more

MSHA Initiates Enforcement Review of Elevator Safety at Cement Operations

In the aftermath of a fatal elevator accident in February 2014 at a cement plant in Kentucky, the Mine Safety and Health Administration (MSHA) has initiated an unannounced elevator enforcement review at cement operations...more

Medical Malpractice Law: Infant and Child Death [Video]

Medical malpractice attorney, Kathleen Flynn Peterson, discusses the importance of representing parents who have lost a child and holding wrongdoers accountable....more

Appellate Court Notes

SC18961 - Robbins v. Physicians for Women's Health, LLC - The plaintiff filed this medical malpractice against a hospital, the doctor, the midwife, and the company (“PWH”) that bought the assets of the hospital after...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

Hot Cars Cause the Deaths Of 37 Children Each Year With Florida Second In the Nation Of Such Deaths

Hot Cars Cause the Deaths Of 37 Children Each Year With Florida Second In the Nation Of Such Deaths With summer temperatures coming to Bradenton Florida soon, parents and child care givers need to be aware of the danger to...more

SKS To Represent Family Of Man Shot At Red Arrow Park

On April 30, 2014, a Milwaukee Police Department (“MPD”) officer shot and killed 31-year-old Dontre Hamilton at Red Arrow Park in downtown Milwaukee. The MPD released the following information about the incident. ...more

Indestructible Black Box Provides Answers in Paul Walker Auto Accident

Actor Paul Walker died in a tragic Thanksgiving weekend auto accident last year. Immediately following the fatal one-car crash, fans wondered whether drugs, drinking, racing or mechanical failure might have been a factor, in...more

Social Media Roundup: The Top 5 Buzzing Issues

Here is a look at some of the hottest topics lawyers and others in the legal industry have been abuzz about: 1. BP’s change of heart over its settlement for the 2010 Deepwater Horizon oil spill disaster - In...more

What Did G.M. Know About the Deadly Defective Auto Part?

So far, at least 13 deaths have been linked to a defective ignition switch in General Motors vehicles. In response, G.M. has recalled 2.6 million of its cars. However, the manufacturer stops short of recommending drivers park...more

Most Auto Accidents Are Excluded From Homeowners Coverage

In serious personal injury cases it is imperative to locate every possible source of insurance coverage. Often injury victims look to the at fault party's homeowners insurance even though the injuries arose from an automobile...more

Deadly Bus-FedEx Truck Crash Highlights The Need For A Strong Civil Justice System Despite Lobbyists Push For “Tort Reform”

As families of those killed in the crash between a bus and a FedEx truck on April 10th begin to look for justice in this terrible crash, lawyers from all stakeholders take note of the NTSB report. While the families of the...more

Selective Way Ins. Co. v. Schulle, Western District of Virginia

The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle. ...more

11th Circuit Affirms No Indemnity for a Subcontractor's Deceased Employee Under Employee Exclusion Contained in General...

On April 24, 2014, the United States Court of Appeals for the 11th Circuit issued an opinion affirming summary judgment deny a claim by the estate of a subcontractor's employee against a general contractor's commercial...more

Sixth Circuit Holds Liquor Liability Exclusion Inapplicable to Dram Shop Case

In its recent decision in Mid-Continent Ins. Co. v. Coder, 2014 FED App. 0295N (6th Cir. Apr. 21, 2014), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider the application of...more

Wrongful Death Lawsuit After Heart Attack In Emergency Room

Wrongful death means any death resulting from the negligence or intentional acts of another party, and this also applies to deaths resulting from personal injury suffered as a result of such acts. Alabama readers probably see...more

Argument Report: Illinois Supreme Court Likely to Find Wrongful Death Lawyer Owes Duty to Next of Kin

Based upon the especially heavy questioning directed at the appellant during the recent oral argument in Estate of Powell v. John C. Wunsch, P.C., the Illinois Supreme Court seems to be contemplating holding that counsel who...more

Alabama Man Faces Murder Charge After Causing Fatal Accident

When an Alabama driver makes the decision to get behind the wheel under any impairment, a fatal accident may be a harsh possibility. Driving requires a person's vigilance, and being impaired severely reduces that. ...more

Florida Supreme Court Strikes Down Wrongful Death Non-Economic Damages Cap for Med Mal Cases

On March 13, 2014, the Florida Supreme Court, in a 5-2 ruling, issued its long-awaited opinion following review of the Eleventh Circuit Court of Appeal’s decision in Estate of McCall v. United States, 642 F.3d 944 (11th Cir....more

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

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