Last month, an appellate court in Georgia issued a written opinion in a personal injury case involving a car accident between the plaintiff and an employee with the Department of Transportation. Ultimately, the court determined that the plaintiff’s complaint did not conform to the mandatory procedural requirements of a complaint…
As a general rule, people do not have a duty to assist in the rescue efforts of another party in danger. However, if a passerby does decide to assist in rescue efforts, the party who is in need of rescue has a duty of care to the person or people who…
Kids make mistakes, and as a general rule, the law does not allow people injured by a child’s negligent actions to seek compensation from the child or from the child’s parents. However, when a child causes an injury due to willful misconduct or is engaging in certain designated dangerous activities when…
Earlier this month, a Florida appellate court issued a written opinion in a personal injury case brought by a motorist who was rear-ended by another driver. The court ultimately affirmed the jury’s verdict in favor of the defendant despite the fact that the defendant driver admitted that he was at…
In Florida, as in any other state, all drivers have a duty to drive in a careful and prudent manner so that they can avoid endangering others’ persons or property. If a driver breaches that duty and injures someone, the driver may be held liable for injuries and other damages.…
Sometimes proving the damages in an accident case is just as important as proving the defendant was at fault. In a recent case, one state’s supreme court upheld a jury’s award of zero dollars after a woman claimed she was injured by another driver in an auto accident. According to…
Earlier this month, the Supreme Court of Ohio published an opinion upholding the reversal of a lower circuit court’s decision to dismiss a plaintiff’s claim against the city when he was involved in a car accident with another driver, who had run through a stop sign that was later determined…
The Supreme Court of Ohio recently published a decision affirming a circuit court’s ruling to dismiss the plaintiff’s case against municipal law enforcement officers after she was seriously injured when a fleeing suspect crashed into her vehicle head-on as the officers pursued him in a high-speed chase. The woman claimed…
The New York Court of Appeals recently published an opinion that reversed a state lower court’s ruling on an issue arising within a case filed by a woman whose son was seriously injured when he was struck by a car while walking to school. The plaintiff’s claim against the defendant school…
A state appellate court recently published an opinion that allowed a plaintiff’s wrongful death case to proceed. Based on this latest ruling by the highest state court and its ultimate authority over questions of state law, the plaintiff may yet receive compensation for his negligence claim.The plaintiff in the case of Hain…