The Rhode Island Supreme Court recently published an opinion that affirmed a lower court’s decision to dismiss a plaintiff’s personal injury lawsuit. The reason for the dismissal was what appeared to be a simple clerical error, although the plaintiff’s attorney failed to respond to the motion to dismiss or attend…
The Michigan Supreme Court recently released an opinion that reversed a lower appellate court’s ruling setting aside a jury verdict in favor of an auto accident plaintiff over a jurisdictional issue. The plaintiff’s award had been vacated by the state court of appeals because the amount of damages that she…
The Supreme Court of the State of Texas recently released an opinion holding that a defendant’s actions in improperly obtaining a woman’s consent for a private autopsy of her husband, who died while under their care, was a medical malpractice claim. Although the ruling in the case of Christus Health…
South Florida accident and personal injury cases often involve two or more conflicting stories, and it can be up to a judge or jury to decide who is telling the truth. Plaintiffs and defendants in a Miami personal injury lawsuit must offer evidence to prove their side of the story.…
The Supreme Court of Arkansas recently released an opinion that overturned an Arkansas law that had made evidence of seat belt non-use inadmissible to prove a plaintiff’s comparative negligence in a personal injury claim. The statute had been designed to prevent defendants from avoiding responsibility for injuries resulting from their negligence…
The Utah Supreme Court recently released an opinion holding that as a matter of law, children under the age of five cannot be held accountable for their own negligence. The decision was handed down after the parents of a four-year-old boy appealed a district court decision that allowed a negligence case…
The Supreme Court of the State of Nevada recently released a decision in which a trial award of nearly $4.5 million was reversed, and the court ordered a new trial. The state high court found that the lower judge’s exclusion of the defendant’s low-impact accident defense, as well as her…
Earlier this month, a federal circuit court of appeals issued a written opinion that makes clear the importance of having attentive and knowledgeable attorneys involved in a personal injury case. In the case of Stults v. International Flavors, the appellate court dismissed the plaintiff’s claims because they failed to make…
Earlier this month, a West Virginia appellate court issued an opinion in a case that arose after a hated exchange between two motorists caused a truck driver to crash. In the case, Phillips v. Stear, the lower court entered a verdict in favor of the defense. However, on appeal that…
The Florida Court of Appeals for the Fifth District reversed a trial court’s ruling for a woman injured by a horse corpse in the road, holding that the defendant Sheriff did not owe the injured woman a duty of care.Kathleen Shinkle was driving on a dark road just before sunrise in…