Plaintiffs had capacity to sue U.S. for flight controller’s negligence 
Published: May 14, 2013
Tags: airplane crash, choice of law, Federal Tort Claims Act, FTCA, wrongful death
The mother and adult daughter of the victim of an airplane crash had the capacity to sue the federal government for the alleged negligence of a flight controller, the 11th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Fraternity may be liable for pledge’s death
Published: May 10, 2013
Tags: acute alcohol intoxication, alcohol, fraternity suits, wrongful death
A national fraternity may be liable for the death of a pledge from acute alcohol intoxication, the Indiana Court of Appeals has ruled in reversing a summary judgment.
Apartment owner isn’t liable for guest’s drowning
Published: April 24, 2013
Tags: drowning, landlord-tenant, negligence, premises liability, swimming pools, wrongful death
The owner of an apartment complex had no liability for the drowning of a tenant’s guest in a swimming pool, the Mississippi Supreme Court has ruled in affirming a summary judgment.
Jury: School board owes $90M for teen’s death
By:
Beth Moszkowicz
Published: April 22, 2013
Tags: wrongful death
A Prince George’s County, Md., jury has awarded more than $90 million to a family whose 13-year-old daughter was struck and killed four years ago while crossing the street as she was trying to reach a school-bus stop.
The parents of Ashley Davis, who was a freshman at Crossland High
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Wrongful death proceeds not subject to child support claim
Published: April 17, 2013
Tags: child support, wrongful death
Settlement proceeds from a wrongful death action were not subject to a claim for a child support arrearage owed by the decedent, West Virginia’s highest court has ruled in affirming judgment.
Benchmarks: Driver in fatal accident must relive his nightmare
By:
Pat Murphy
Published: March 27, 2013
Tags: negligence, post traumatic stress disorder, protective order, wrongful death
Attorneys want to cross-examine a Chicago Transit Authority driver using videos that captured a pedestrian being crushed underneath the wheels of his bus back in 2009.
Last week, an Illinois court ruled that the driver must relive his nightmare, even if viewing the accident videos for the first time will aggravate his post-traumatic stress disorder.
Statutory beneficiary can sue for legal malpractice
Published: March 13, 2013
Tags: legal malpractice, wrongful death
A wrongful death statutory beneficiary could pursue a malpractice claim against the lawyer for the personal representative of the wrongful death estate, the New Mexico Supreme Court has ruled in reversing a summary judgment.
Estate isn’t bound by nursing home’s arbitration clause
Published: March 7, 2013
Tags: arbitration, nursing home litigation, wrongful death
The estate of a nursing home resident was not bound by an arbitration agreement executed upon her admission, the 8th U.S. Circuit Court of Appeals has ruled in affirming judgment.
After verdict, defendant settles wrongful death suit for $105 million
By:
Sylvia Hsieh
Published: March 6, 2013
Tags: electrocution, Top Ten Jury Verdicts, Top Ten Jury Verdicts of 2012, wrongful death
A lawyer who won one of the largest jury verdicts last year for the family of a woman killed by a power line that fell into her backyard, has settled the case post-verdict for $105 million.
Fla. nursing home could demand arbitration
Published: February 20, 2013
Tags: arbitration, nursing home litigation, wrongful death
A nursing home could enforce an arbitration agreement signed by a patient when sued for wrongful death by his estate, the Florida Supreme Court has ruled in affirming judgment.
