Earlier this month, an appellate court in Georgia issued a written opinion in a medical malpractice lawsuit, affirming the dismissal of the plaintiff’s claims based on the plaintiff’s failure to establish that the defendants’ allegedly negligent actions caused the plaintiff’s injuries. Specifically, the court held that since the medical experts called…
Maryland Accident Law Blog
Slip-and-Fall Case Dismissed When Defendant Successfully Showed Plaintiff Had Knowledge of the Open and Obvious Hazard that Caused Her Fall
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability case that was brought by a woman who slipped and fell on a “corn hole” game board as she was talking to a sales associate in a car dealership’s showroom. The court ultimately determined…
Appellate Court Permits Plaintiff’s “Bad Faith” Claim Against Insurance Company to Proceed Toward Trial
Earlier this month, an appellate court in Oklahoma issued a written opinion in a car accident case brought by a passenger who was involved in an accident against the driver’s insurance company. Specifically, the court had to determine if the lower court was proper in granting the defendant’s motions for…
Maryland Medical Malpractice Cases Are Subject to Different Procedural Requirements
All personal injury plaintiffs must follow strict procedural rules when filing their case. However, medical malpractice cases in particular are subject to a different set of rules that, if ignored, may result in the early dismissal of an otherwise meritorious case. For example, medical malpractice cases in Maryland must be…
Plaintiff’s Slip-and-Fall Case Dismissed Due to Lack of Causation Evidence
In a recent case before a state appellate court, a plaintiff’s premises liability claim against a fast-food restaurant manager was dismissed based on the plaintiff’s failure to present sufficient evidence that the manager’s negligence resulted in her injuries. In rejecting the plaintiff’s claims, the court explained that a plaintiff must…
Hospital’s Failure to Object to Plaintiff’s Untimely Payment of Filing Fees Prevents Appellate Court from Considering the Issue
Earlier last month, an appellate court in California issued a written opinion in a medical malpractice case that illustrates how important it is for parties to object to perceived errors as they occur. In the recent case, the court held that a defendant hospital’s failure to object to the plaintiff’s…
Doctor’s Slip-and-Fall in Hospital Results in $7 Million Jury Verdict
Earlier this month, a jury awarded a Georgia doctor $7 million in a premises liability lawsuit brought against the hospital where the doctor sustained a career-ending head injury after falling to the ground after slipping off a rolling stool. According to one local news report covering the case, the doctor…
Court Allows Premises Liability Plaintiff to Seek Punitive Damages
Earlier this month, a federal court of appeals issued a written opinion in a premises liability case brought by a woman who was seriously injured when a glass shower door at the defendant’s hotel shattered, covering her naked body in shards of glass. In the case, the court reversed a…
Court Determines Teacher’s Supervision of Students Is a Discretionary Action Entitled to Official Immunity
Earlier this month, an appellate court in Georgia issued a written opinion in a wrongful death case brought by the parents of a boy who died while in the defendant teacher’s classroom. In the case, Barnett v. Atlanta Independent School System, the court held that a teacher’s decision on how…
Court Reversed $1.2 Million Verdict in Wrongful Death Case, Based on Plaintiff’s Untrue Statements
Earlier this month, an appellate court in Nevada issued a written opinion affirming the reversal of a $1.2 million jury verdict in favor of a wrongful death plaintiff after a lower court determined that the plaintiff’s attorney committed fraud on the court. In the case, Adams v. Fallini, the court…