Injury & Accident Law

Lawyer not liable in slaying of PI killed while trying to serve divorce papers, top state court says

A Virginia lawyer had no special duty to warn a private investigator he retained to serve divorce papers. Hence, the attorney is not liable in the Pi’s slaying, even though the attorney knew the target of the divorce was armed and had been told the target was “behaving strangely,” the…

Mar 10, 2015 4:00 PM CDT

‘Sizzling skillet’ at Applebee’s was ‘open and obvious’ danger to praying diner, court says

A man who says his face, neck and arms were burned after he bent over a “sizzling skillet” at an Applebee’s Neighborhood Grill and Bar in New Jersey to pray had hoped to collect damages. But a trial judge nixed the superior court lawsuit filed by Hiram Jimenez and the…

Mar 5, 2015 4:00 PM CST

Heir can sue herself for causing accident that killed her husband, Utah appeals court says

A woman who allegedly caused a car accident that killed her husband can sue herself in her capacity as heir and representative of the estate, a Utah appeals court has ruled. The plain language of the state’s wrongful death and survival action statutes allows Barbara Bagley to sue, the Utah…

Feb 23, 2015 5:45 AM CST

Appeals court: City can be sued over faded crosswalk; will comparative negligence still bar claim?

An Oregon appeals court has reversed a trial judge’s dismissal of a claim against the city of Portland over faded crosswalk stripes, agreeing with the family of a woman killed in a 2009 accident that better maintenance of the crosswalk might have helped prevent the death of Lindsay Leonard, 23.…

Feb 17, 2015 3:35 PM CST

Top state court nixes $2.5M personal injury suit because filing fee was $2 short

A lawsuit isn’t officially filed until the full filing fee is paid, Virginia’s top court has ruled. That means a $2.5 million personal injury suit a law firm tried to file a few days before the statute of limitations expired was correctly dismissed by Powhatan Circuit Court, because the filing…

Feb 10, 2015 3:10 PM CST

Judge requests changes to proposed NFL concussion settlement

The federal judge who tossed a proposed settlement between the National Football League and 5,000 former players-who claimed in a suit that the league had covered up or lied about the effects of concussions sustained on the football field-said she would approve the deal if it were expanded to cover…

Feb 3, 2015 2:00 PM CST

Feinberg OKs payment for 50 deaths from $400M GM ignition fund; compensation starts at $1M

Attorney Kenneth Feinberg, retained by General Motors to oversee a $400 million compensation fund for death and injury claims linked to faulty ignition switches in the automaker’s vehicles, has approved 50 death claims for payment so far. Compensation for deaths starts at $1 million, according to the Associated Press and…

Jan 27, 2015 12:05 PM CST

Did damage caps discourage suits that could have spotlighted GM ignition defect?

After a 2006 fatal Chevy Cobalt crash was linked to a defective ignition switch, families of two teens killed in the Wisconsin accident decided to sue. The families, however, were unable to find contingency lawyers to take the case. The reason: a $350,000 damages cap in WIsconsin, the New York…

Dec 30, 2014 8:59 AM CST

Sued by dad over his 13-year-old daughter’s suicide after bullying, school denies responsibility

Already distraught after his 13-year-old daughter committed suicide last December, Jason Lamberth says subsequent conduct of Nevada school officials is what drove him to file suit. Hailee Lamberth’s suicide note blamed bullying by a specific student, but the Clark County School District denied any report of bullying until the family…

Dec 17, 2014 4:00 PM CST

Families of 9 school-shooting victims sue maker, seller of Bushmaster rifle used in Newtown massacre

The families of nine children shot to death at a Connecticut elementary school on Dec. 14, 2012, as well as a surviving teacher, have filed suit against the manufacturer, distributor and seller of the semi-automatic Bushmaster AR-15 rifle used in the attack. Adam Lanza killed a total of 26 people…

Dec 15, 2014 1:10 PM CST

Family files RICO suit against lawyers and law firms over claimed barratry after auto accident

A family has filed suit against Dallas, Texas, area attorneys, law firms and other defendants, contending that they violated the state’s barratry law. After three daughters of Miguel and Maria Morales were involved in an auto accident, the defendants conspired to solicit professional employment in a manner prohibited by law,…

Dec 10, 2014 10:05 AM CST

Federal juror’s deliberation comments can’t be admitted to show voir dire dishonesty, SCOTUS rules

A party seeking a new trial cannot use a federal juror’s comments during deliberations to demonstrate that she lied about her ability to be fair during voir dire, the U.S. Supreme Court has ruled. Justice Sonia Sotomayor wrote the unanimous opinion (PDF) that found the evidence was not admissible under…

Dec 9, 2014 10:18 AM CST

Woman sues Chick-fil-A and cherry supplier, says milkshake caused tooth damage and heart attack

A Colorado woman is suing Chick-fil-A and a maraschino cherry supplier, alleging that a milkshake she ordered in May at one of the chain restaurant’s Dallas-area eateries caused tooth damage and a heart attack. Plaintiff Cyndi Scruggs says the shake came with whipped cream and a cherry on top. When…

Dec 4, 2014 1:05 PM CST

Is AA to blame for ‘13th Step’ slaying, as lawsuit claims?

A 48 Hours program over the weekend has brought renewed attention to a civil case being pursued by the family of a 31-year-old California woman slain by a man she met at Alcoholics Anonymous. Eric Allen Earle, 43, was convicted of first-degree murder in September and sentenced to 26 years…

Dec 1, 2014 1:20 PM CST

10 years after fatal accident, conviction is reversed; GM knew its car was to blame but kept quiet

Convicted of negligent homicide in a fatal 2004 crash that killed her fiance, a Texas woman has lived with guilt and public disapprobation and worried about her limited career options for nearly a decade. But on Monday, almost exactly a decade after the accident, a Van Zandt County judge granted…

Nov 24, 2014 12:05 PM CST