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Articles Posted in Government Liability

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Errant Golf Ball Strikes Baby in Stroller on Nearby City-Owned Walking Path

Earlier this month, an appellate court in California issued a written opinion in a premises liability case that was brought by the mother of a child who was struck by an errant golf ball as she was wheeling her son in a stroller on a walking path owned and maintained…

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The Importance of Following All Procedural Requirements in Florida Personal Injury Cases

Last month, a state appellate court issued a written opinion highlighting the importance of complying with all of the procedural requirements in a South Florida personal injury lawsuit. Ultimately, the court determined that the plaintiff did effectuate proper service on the government defendant and rejected the defendant’s appeal. However, the…

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Personal Injury Plaintiff’s Case Against Government Entity Dismissed for Failing to Comply with Procedural Requirements

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…

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Court Applies Government Immunity in Bicycle Accident, Dismissing Plaintiff’s Claim

Earlier this month, the United States Court of Appeals for the Fifth Circuit released a written opinion in a premises liability lawsuit against the federal government, alleging that the United States Forest Service, through its employees, was negligent in the maintenance of bike trails in a forest. The court ultimately determined that the…

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Appellate Court Refuses To Consider Evidence Presented for the First Time on Appeal

Earlier this month, a Rhode Island appellate court issued a written opinion discussing principles that are important to understand for anyone considering filing a personal injury case in South Florida. The case arose out of a slip-and-fall accident that occurred in a public park. The issue for the court to decide…

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State Supreme Court Affirms Dismissal of Claim Against Teacher in Wrongful Death Lawsuit

The Supreme Court of Georgia recently published an opinion affirming a Georgia court of appeals’ decision to affirm a trial court’s grant of judgment to a defendant teacher, whose alleged negligence in failing to supervise her class resulted in the death of the plaintiff’s son. The defendant had allegedly left…

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Court Addresses Claim for Injuries Incurred in a High-Speed Police Chase

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…

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Appellate Court Reverses Lower Court’s Denial of Plaintiff’s Request to Extend Notice Deadline

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…

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State Appellate Court Reverses Jury Verdict, Granting Immunity to City in Wrongful Death Case

A panel of the California Court of Appeals recently published an opinion reversing a jury’s verdict in favor of the plaintiffs after a trial was held over a fatal auto-pedestrian accident that occurred in 2010. The jury had decided that the city was 100% responsible for the death of the plaintiffs’…

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Dismissal of Rollerblading Injury Case Affirmed by Appellate Court

The Supreme Court of North Dakota recently published an opinion affirming a trial court’s ruling dismissing a personal injury and premises liability claim filed by a plaintiff who was injured when she fell while rollerblading in a city park. The district court had ruled that the plaintiff’s claim was barred by…

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