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
» Continue Reading.
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.
NEW FREE WHITE PAPER: E-Discovery
This FREE e-report brought to you by Lawyers USA contains the latest tips for conducting thorough and successful electronic discovery for your trial in 2012. We’ve analyzed the latest court rulings and trends in e-discovery to help you and your clients avoid sanctions and win your case.
Click here to get your free White Paper today!