It’s just a fact of life that people suffer injuries on a daily basis, and more often than not through no fault of their own. When bodily harm is caused by a negligent or willfully violent third party, the victim may be entitled to compensation, which can be awarded through a personal injury lawsuit. Unfortunately, […]
Expansion Of The Doctrine Of Primary Assumption Of The Risk.
Plaintiff, a United Parcel Service [UPS] delivery driver, was injured when he lifted a box with a shipping label prepared by a university that inaccurately stated the weight on the box. Concluding the university owed no duty to plaintiff and that the doctrine of primary assumption of the risk applies, the trial court granted summary […]
Previously we reported: County Granted Summary Judgment On Dangerous Condition Of Public Property Claim.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.
“It Has Nothing To Do With Satan, Mama. It’s Me,” Carrie White character in film “Carrie.”
While exiting a haunted house attraction, a patron was confronted by a final scare known as the “Carrie” effect—so named because, like the horror film Carrie, patrons are led to believe the attraction is over, only to be met by one more extreme fright.
Defendant Did Not Demonstrate There Was No Material Issue Of Fact, So Summary Judgment Reversed.
Two plaintiffs in coordinated actions each worked as a mechanic for several decades at various facilities, and each degreased automotive parts with a process involving a solvent in a drum and the regular addition of mineral spirits to the drum when the grease built up. Defendant is the distributor of the mineral spirits, and plaintiffs allege the mineral spirits contain benzene, a known carcinogen.
A Homeowner’s Nightmare.
Plaintiff was employed by a painting contractor which contracted with homeowners to paint the interior of their home. An hour into the job, plaintiff was injured when he fell 12-15 feet from a ladder provided by the contractor. It turns out that the painting contractor had informed the State he had no employees and was exempted from the requirement of having workers’ compensation coverage.
Complex Scientific Causation Testimony.
Defendant is a pharmaceutical company and plaintiffs are persons who ingested a drug manufactured by defendant who allege they suffered from bladder cancer as a result of taking the drug for diabetes. At trial, plaintiffs’ expert testified that based on his performance of a differential diagnosis, he believed the drug was a substantial factor in […]
Summary Judgment Reversed On Issue Of Gross Negligence In Action Against Fitness Facility.
Plaintiff suffered a traumatic brain injury when a cross-trainer cable struck her in the head at a 24-Hour Fitness, the defendant. Defendant moved for summary judgment, arguing that the written release of liability in the membership agreement was a complete defense to plaintiff’s claims for negligence and premises liability. As to the products liability claim, […]
Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.
A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]
“Electricity Is Just Organized Lightening.” — George Carlin.
In a jury trial, a jury awarded $1,050,000 in compensatory damages and $3,000,000 in punitive damages against an electric company and in favor of plaintiff on her claims for IIED, negligence and nuisance, based upon her contentions the company failed to control its electrical substation next door to plaintiff’s house. She said the company allowed […]
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