negligence « Lawyers USA Online

Navy vets can’t proceed with asbestos suits

Published: February 7, 2012

Tags: asbestos, mesothelioma, negligence, product liability, strict liability

Manufacturers of machinery used in U.S. Navy ships are not liable for injuries caused by asbestos products manufactured by others but used in conjunction with their asbestos-free products, a U.S. District Court in Pennsylvania has ruled in granting summary judgment.

Farm tractor constitutes ‘dangerous instrumentality’

Published: January 25, 2012

Tags: dangerous instrumentality, negligence

A plaintiff injured by a farm tractor could sue under the dangerous instrumentality doctrine, the Florida Supreme Court has ruled in reversing a dismissal.

County isn’t liable for death caused by road defect

Published: January 23, 2012

Tags: negligence

A county isn’t liable for failing to detect and repair a defect in a road surface that allegedly caused a bicyclist’s death, the New Jersey Supreme Court has ruled in reinstating a dismissal.

Jury awards $89.6 million to pipefitter with mesothelioma

By: Correy Stephenson
Published: January 17, 2012

Tags: asbestos, conspiracy, mesothelioma, negligence, Top Ten Jury Verdicts, Top Ten Jury Verdicts of 2011

A 12-person jury in Illinois awarded $89.6 million – $80 million of it in punitives – against four defendants in a suit brought by a former pipefitter suffering from mesothelioma.

Jury awards $200 million verdict over nursing home death

Published: January 13, 2012

Tags: fall, Florida, negligence, nursing home, wrongful death

A Pinellas County, Fla. jury handed down a $200 million verdict this week against a company accused of not doing enough to prevent a 92-year-old woman’s fatal fall at a local nursing home.

Plaintiff must produce psychologist’s expert report

Published: January 11, 2012

Tags: Discovery, expert witness, negligence

A plaintiff seeking damages for psychological injuries was required to produce for discovery the report of a psychologist retained for trial, in addition to the report of the psychologist who treated her, the Oregon Supreme Court has ruled in affirming judgment.

Home contractor can be sued for negligence

Published: January 6, 2012

Tags: consumer protection, economic loss doctrine, negligence

The economic loss doctrine did not apply to bar negligence claims against a home contractor for poor workmanship, the Kansas Supreme Court has ruled in reversing a dismissal.

U.S. immune in med-mal suit involving volunteers

Published: January 5, 2012

Tags: charitable immunity, Federal Tort Claims Act, medical malpractice, negligence

The United States was immune under state law when sued for negligent care allegedly provided by volunteer physicians at a non-profit health clinic, the 3rd Circuit has ruled in affirming a dismissal.

ERISA doesn’t preempt hepatitis claim

Published: January 5, 2012

Tags: ERISA, negligence, preemption

An insured who contracted hepatitis C at an endoscopy clinic could sue her managed care organization for negligently failing to ensure the safety of her ERISA plan’s medical provider network, the Nevada Supreme Court has ruled in reversing a dismissal.