The Supreme Appellate Court of West Virginia recently decided to reverse a judgment of over $55,000 that had been awarded to a plaintiff after a jury trial in a negligence case filed against a public parks commission by an injured plaintiff. The original verdict and award, based on the jury’s finding…
Articles Posted in Slip and Fall
Appellate Court Orders District Court to Allow Defendant’s Medical Expert to Examine Plaintiff in Personal Injury Case
The Supreme Court of the State of Texas recently released an opinion and issued a rarely utilized type of order allowing an expert retained by the defense in a personal injury lawsuit to perform a medical examination on the plaintiff during an ongoing premises liability lawsuit. The defense’s request, which…
Judgment in Favor of County Fair Association Affirmed after Plaintiff Injured During Free Fireworks Display
The North Dakota Supreme Court recently released an opinion that affirmed a lower court’s granting of summary judgment to the defendant, a county fair association, in a case that was filed by a woman who was injured during a fireworks display that was put on at the county fair. The…
State Supreme Court Holds that an Employee Who is Responsible for Maintaining a Public Park is Not Immune From a Premises Liability Claim
The Supreme Court of the State of Oregon recently decided a case in which they found that the maintenance supervisor of a public park was not entitled to immunity from a premises liability lawsuit alleging that his negligence resulted in injury to the plaintiff. The plaintiff in the case of Johnson…
Orlando Federal Court Remands Child’s Premises Liability Claim Back to Florida State Court
In A.Z. v. Bonnet Creek Resort Vacation Condominium Assoc., Inc., a minor was apparently injured when she tripped and fell while visiting a Florida condominium complex. The Georgia resident later filed a lawsuit against the property owner in Orange County, Florida Circuit Court. In response to the purportedly injured child’s…
Federal Court Lacks Subject Matter Jurisdiction in Clearwater Slip and Fall Case
In Chase v. Hess Retail Operations LLC, a woman was apparently injured when she slipped and fell at a Clearwater gas station. As a result of her harm, the woman filed a negligence lawsuit against the owner of the gas station in a Florida state court. The gas station then…
Appeals Court Overturns Comparative Negligence Ruling in Florida Premises Liability Case Where Plaintiff Was Wearing High Heels
In Bongiorno v. Americorp, Inc., a Florida woman filed a premises liability claim against a property owner over the injuries she allegedly sustained when she fell on a slippery bathroom floor in the office building where she was employed. In response to the lawsuit, the property owner denied liability for…
Appellate Court Refuses to Overturn Discovery Order Compelling Production of Social Media Photos in Florida Slip and Fall Case
Florida’s Fourth District Court of Appeal has refused to overturn a unique discovery order in a premises liability action. In Nucci v. Target Corp., a woman allegedly slipped and fell on a foreign substance while shopping at a Florida department store in 2010. Following the incident, she filed a premises…
Florida Court Dismisses Slip-and-Fall Case Against Cruise Line: Torres v. Carnival Corp.
The Southern District of Florida has dismissed a slip-and-fall case against a cruise ship operator. In Torres v. Carnival Corp., a passenger on a cruise ship filed a negligence and failure to warn lawsuit against the company that owns the vessel on which she traveled, seeking damages for the injuries…
Diversity Jurisdiction at Issue in Florida Premises Liability Case: Mortensen v. Omni Hotels Management Corp.
A federal district court in Florida has ordered that a man’s premises liability lawsuit be tried before a Nassau County court. In Mortensen v. Omni Hotels Management Corp., a man was allegedly injured when he slipped and fell while visiting a restaurant located inside of an Omni Hotel franchise. Prior…