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…
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…
The Supreme Court of Mississippi recently published a decision in which the court found a circuit court appropriately dismissed three wrongful death lawsuits that had been filed by a family member of a man who died while under the care of the defendant doctors and hospital. The three lawsuits were…
A panel of the California Court of Appeals recently published an opinion in which they affirmed a state district court’s decision to set aside the dismissal of a personal injury case, which was previously dismissed after the plaintiff’s attorney failed to pay a change-of-venue fee and did not respond to…
The Supreme Court of Mississippi recently published an opinion affirming a state district court’s ruling that granted summary judgment to two defendants in a lawsuit based on a semi-truck accident. The high court rejected the plaintiff’s claim for damages against the driver of the truck, who caused a separate accident…
An appellate court recently published an opinion affirming a lower district court’s ruling refusing to compel arbitration to address a personal injury claim alleging that actionable negligence caused a child to be injured at a trampoline park operated by the defendant. Both courts agreed that the clause within the liability release and…
The Supreme Court of Alaska recently decided to uphold a jury’s verdict in favor of the defendant in a personal injury claim. The plaintiff had sought damages from the defendant as compensation for injuries that she allegedly suffered in an auto accident caused by the defendant’s failure to stop on…
The Iowa Supreme Court recently released a decision in which they affirmed a lower court’s decision in a wrongful death case filed by the family of a boy who was killed in a boating accident on a lake. The claim, which had been made against the state Department of Natural…