A West Virginia court recently released an opinion in which it reversed a jury verdict that had awarded the plaintiff nearly $70,000 in medical expenses and lost wages for injuries he suffered because of the alleged negligence of the defendant. Since the high court reversed the lower court’s decision not to award a…
The Supreme Court of the State of Delaware recently affirmed a lower court’s decision that allowed a school bus passenger to make a claim against the insurance covering the school bus after the plaintiff was hit by another vehicle while crossing the street to board the bus. The lower court ruling…
Earlier this month, the Nebraska Supreme Court issued a written opinion in a premises liability case that highlights the importance of one of the key elements in almost every personal injury case. In the case, Pittman v. Rivera, the plaintiff was injured when he was struck by a car driven…
Earlier this month, the United States Court of Appeals for the First Circuit issued an opinion affirming a product liability plaintiff’s jury verdict in the amount of $1,200,000. In the case, Quilez-Velar v. Ox Bodies, Inc., the court determined that the lower court properly admitted the plaintiff’s expert witness testimony…
Earlier last month, a Maine appellate court issued a written opinion affirming the dismissal of a plaintiff’s case after it was established that the plaintiff did not comply with the notice requirement contained in a relevant statute. In the case, Deschenes v. City of Sanford, the plaintiff provided oral but…
When an employee is injured while on the job, the most common remedy is workers’ compensation. In fact, in most cases of Virginia workplace injuries, workers’ compensation will be the sole means by which the injured employee can recover compensation. This can, and often does, act to limit a negligent employer’s…
Earlier this month, the Nebraska Supreme Court issued an opinion in a personal injury case brought against a local government, alleging that the negligence of a government employee resulted in the plaintiff’s injuries. In the case, Moreno v. City of Gering, the government admitted that its employee was at fault…
The Arkansas Supreme Court recently issued a ruling that struck down a state statute restricting the admissibility of seat-belt non-use evidence in an auto accident lawsuit, finding the rule was unconstitutional under the Arkansas constitution. The Arkansas ruling is demonstrative of recent changes in several states, where courts are moving…
Earlier this month, a Maryland Court of Appeals issued an opinion in a case brought by a woman who claimed that she was exposed to lead in dangerous amounts as a child when she lived in a property owned by the defendant. In the case, Rowhomes, Inc. v. Smith, the…
The Nevada Supreme Court recently reversed a lower court’s ruling that awarded a personal injury plaintiff nearly $4.5 million for an auto accident claim. The initial ruling, which was entered by default against the defendant as a sanction for violating several pretrial orders against presenting a low-impact accident defense, will be…