Law Advice

WEST PALM BEACH, Fla. – The Fourth District Florida Court of Appeal on Nov. 30 affirmed a defense verdict for an automobile tire manufacturer in a wrongful death accident action, finding no error in the trial court’s decision to limit discovery to include only tires similar to the one involved in the accident (Mario Alvarez, [...]

ATLANTA – A Georgia appeals panel on Nov. 1 overturned a verdict for the plaintiff in an automobile accident action, finding errors in the trial court’s instructions to the jury and the wording of the verdict form (Zanta’vious Rush v. Courtny Clark, No. A11A1418, Ga. App., 2nd Div.; 2011 Ga. App. LEXIS 954). View full [...]

HELENA, Mont. – The Montana Supreme Court on Oct. 18 reversed summary judgment for the defendants in an off-road vehicle injury action, concluding that a trial court erred by finding that proper signage was in place in a highway construction zone (Walter Fasch v. M.K. Weeden Construction Inc., et al., No. DA 11-0112, Mont. Sup.; [...]

BINGHAMTON, NY – An insured’s “speculation and conclusion” fail to support most of his claims related to State Farm Insurance Co.’s alleged failure to cover a personal injury claim stemming from an auto accident, a New York federal judge ruled Oct. 17, granting the insurer’s motion to dismiss most of the counts against it (Lawrence [...]

PIERRE, S.D. – The South Dakota Supreme Court on Oct. 12 upheld a jury award for a man injured in a slip-and-fall accident at work, finding no errors in rulings made by the trial judge after the verdict (Donald Jacobs v. Dakota, Minnesota, & Eastern Railroad Corp., No. 25811, S.D. Sup.; 2011 S.D. LEXIS 125). [...]

SANTA ANA, Calif. – A federal judge in California on Sept. 29 dismissed a Utah family’s wrongful death claims brought against an automobile manufacturer following a fatal accident, citing a lack of jurisdiction (Shirlene Van Alfen, et al. v. Toyota Sales USA Inc., et al., No. 11-4143, C.D. Calif.). View full post on LexisNexis® Mealey’s™ [...]

ATLANTA – The Georgia Court of Appeals on Sept. 22 affirmed a defense verdict in an auto accident injury action, finding no error in the trial court’s decision to allow photographic evidence of the accident scene, which has since been reconfigured (Hershell McDowell v. Gregory Hartzog, et al., No. A11A0965, Ga. App., 1st Div.; 2011 [...]

COLUMBUS, Ohio – A split Ohio Supreme Court on Sept. 20 dismissed a wrongful death case brought against a municipality, overturning lower court decisions to deny summary judgment on a political-subdivision immunity basis (Raymond Sanderbeck, et al. v. Medina County, No. 2010-1654, Ohio Sup.; 2011 Ohio LEXIS 2212). View full post on LexisNexis® Mealey’s™ Daily [...]

JACKSON, Miss. – The Mississippi Court of Appeals on Aug. 30 overturned a summary judgment decision for the defendants in an automobile accident action, concluding that a jury must decide if a trucker caused a dangerous condition on the highway that resulted in a rear-end crash (Suzette Smith v. The Waggoners Trucking Corp., et al., [...]

The Guardian Paralympians warn legal aid reforms will penalise serious accident victimsThe GuardianPhotograph: Canadian Press / Rex Features Two of Britain's leading paralympians fear the government's shakeup of the legal aid system will have a severe impact on the ability of seriously injured people to claim adequate compensation. …and more » View full post on legal [...]