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‘Known or obvious danger’ defense not available in premises liability case (access required)

Published: December 23, 2011

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The “known or obvious danger” defense is no longer viable under state law as a complete bar to an injured plaintiff’s premises liability claim, the Hawaii Supreme Court has ruled in vacating a defense verdict.

Defendant’s misconduct factored in comparing fault (access required)

Published: April 6, 2011

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A jury should have been allowed to consider a personal injury defendant’s alleged recklessness and willfulness in allocating liability under state comparative negligence law, the South Carolina Supreme Court has ruled in granting a new trial.

No new trial despite erroneous verdict sheet (access required)

By: Sylvia Hsieh
Published: October 6, 2010

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Even though it was error to submit a question about a plaintiff’s comparative negligence to the jury, a new trial is not appropriate where the jury never considered the issue, the Pennsylvania Supreme Court has ruled in reversing an order for a new trial.

Jury awards $32 million to boy who jumped off moving truck (access required)

By: Sylvia Hsieh
Published: June 18, 2010

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Seven years ago, Robert Murchison was a high school senior and a star wide receiver on the football team, hailed for scoring a touchdown in the Baker High School homecoming game. But shortly after that game, an accident changed his and another boy’s life.

CSX Transportation owes $1.24M for repetitive stress injury (access required)

By: Brendan Kearney
Published: May 25, 2010

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BALTIMORE, MD – A Baltimore City Circuit Court jury has awarded $1.246 million to a man who required surgery on both knees as a result of repetitive stress injuries from nearly 40 years of working for CSX Transportation Inc.

Top Ten Jury Verdicts Countdown #9 (access required)

By: Kimberly Atkins
Published: January 7, 2010

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A Florida jury has awarded $65 million to a 21-year-old woman whose car was broadsided by a truck in 2007, leaving her with brain damage so severe she can no longer speak or care for herself.

Restitution reduced by victim’s comparative negligence (access required)

By: Pat Murphy
Published: June 26, 2009

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A restitution award against a drunk driving defendant could be reduced because of the comparative negligence of the victim, the California Court of Appeal has ruled.

Defeating contributory negligence arguments (access required)

By: Nora Tooher
Published: April 3, 2009

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Plaintiff lawyer Paul Luvera shares techniques in Plaintiff Trial Lawyer Tips for defeating the common defense argument that a plaintiff was negligent and caused his or her own injuries.

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