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Doctor can’t share in fault without proof of malpractice 

Published: May 24, 2012

Tags: comparative fault, medical malpractice, negligence

A personal injury defendant was required prove all the elements of medical malpractice before a non-party doctor could be found comparatively at fault for the plaintiff’s injuries, the California Court of Appeal has ruled in reversing judgment.

Benchmarks: Is ‘shiny floor’ claim enough for slip-and-fall suit? 

Published: May 24, 2012

Tags: negligence, premises liability, slip and fall

Is a slip-and-fall plaintiff’s allegation that a floor was “shiny” sufficient to raise a jury issue as to whether it was safe to walk on? The Rhode Island Supreme Court faced that question last week.

Maureen Habershaw presented the issue in
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Benchmarks: Select Comfort mold claim gets green light 

Published: May 23, 2012

Tags: design defect, failure to warn, negligence, product liability, strict liability, toxic mold

A federal judge on Monday gave the go ahead to a product liability lawsuit filed by a California woman who claimed she suffered injuries from a mass of toxic mold growing in her Sleep Number mattress.

Class claims against Owens Corning weren’t discharged 

Published: May 22, 2012

Tags: breach of warranty, Chapter 11, class action, fraud, negligence, strict liability

A class claims seeking damages for alleged defects in Owens Corning roofing shingles were not discharged by the company’s Chapter 11 bankruptcy case, the 3rd Circuit has ruled in reversing a summary judgment.

Driver can sue utility for negligent pole placement 

Published: May 16, 2012

Tags: immunity, negligence

A driver could sue an electric utility for the negligent placement of a pole that he struck when he lost control of his vehicle on a snow-covered road, the New Jersey Supreme Court has ruled in reversing judgment.

Doctor had broad duty to recommend further testing 

Published: May 15, 2012

Tags: informed consent, medical malpractice, negligence

A doctor who made a non-negligent misdiagnosis regarding an emergency room patient with stroke-like symptoms could be liable for failing to inform the patient about the availability of a non-invasive diagnostic test that would have definitively identified his condition, the Wisconsin Supreme Court has ruled in affirming judgment.

Man wins $1.7 million jury verdict over car crash 

Published: May 15, 2012

Tags: California, car crash, negligence

A retired Ventura County, Calif. firefighter has won a $1.7 million jury verdict for injuries caused by a 17-year-old driver found liable for negligence after running a red light.

Jury says Mental Health Center partially to blame in man’s murder 

Published: May 14, 2012

Tags: Colorado, mental health, negligence, wrongful death

A jury decided the Mental Health Center of Denver is 50 percent responsible for the murder of an Ethiopian immigrant three years ago.

Car owner isn’t liable for live-in girlfriend’s crash 

Published: May 11, 2012

Tags: family purpose doctrine, negligence

The “family purpose” doctrine did not apply to make a car owner liable for an automobile accident caused by his live-in girlfriend, the Arizona Court of Appeals has ruled in affirming judgment.

Parents to pay $1.2 million in son’s DUI crash 

Published: May 10, 2012

Tags: California, car crash, DUI, negligence, traumatic brain injury

A Santa Rosa, Calif. couple has agreed to pay more than $1 million to settle a lawsuit that accused them of negligence for giving their alcoholic, adult son the pickup he was driving when he crashed into two teenage sisters at a bus stop.