As her parents watched, a 17-year-old died when the horse she was riding in a competition stumbled, threw her off and then fell on top of her. A release, signed by the rider and the rider’s mother, states they all agreed to hold the trainer/coach “completely harmless and not liable and release [Trainer] from all […]
Summary Judgment Reversed In Truck Roll-Over Action.
Two men were driving a tractor-trailer across the country. One was driving while the other slept in a berth when the vehicle rolled over. The man who was sleeping is the plaintiff here. Plaintiff sued the owners of the tractor and the owners of the trailer for negligence. The court granted summary judgment in favor […]
New Trial Ordered In Negligence Case.
Plaintiff, who is a doctor himself, suffered a strike while driving home from the hospital. A police officer at the scene did not immediately call an ambulance because she deduced from his slurred speech, disorientation and vomiting, that he was intoxicated, and, after a struggle, placed him in handcuffs. An ambulance arrived and left. A […]
Duty Of A Restaurant To Assist Patrons Exit Parking Lot.
The median of a highway in front of a restaurant had temporary traffic dividers. A man operating a motorcycle collided with a restaurant patron exiting the restaurant parking lot. Not realizing only a right turn was possible, the patron at first attempted a left turn and the motorcyclist collided with the patron. Plaintiffs are the […]
“The Remedy Is Worse Than The Transvaginal Disease.” Francis Bacon.
Pelvic organ prolapse occurs when a woman has weak vaginal walls that allow adjoining organs, the uterus, the bladder, and/or the rectum, to drop into the vaginal canal. This condition can cause organ dysfunction, such as incontinence, pelvic pressure and pain. Pelvic organ prolapse can significantly impact a woman’s quality of life and, in severe […]
No Civil Immunity Under Dram Shop Statutes For Brewer.
Shortly after drinking two 23.5-ounce cans of Four Loko, a college student became disoriented, agitated and paranoid, repeatedly saying “they” were coming to get them. He located a shotgun and began shooting in the backyard. His housemates called police. When police arrived, the young man went out to the front porch with his gun and […]
Danger In Fun: Assumption Of The Risk.
Prior to plaintiff’s participation in a kickboxing class at defendant’s sports club, she signed a one-page agreement which advised that use of the facility naturally involves a risk of injury which she understands and voluntarily accepts. Thereafter, while performing a roundhouse kick, after being instructed on technique, plaintiff injured her knee. In opposition to defendant’s […]
It Doesn’t Get Much Sadder Than This.
A mom, dad and their three children checked into a tennis club hotel for their vacation to celebrate the sixth birthday of the family’s twin boys. They requested a room on the first floor; when none were available, they checked into a room on the second floor. Mom was looking through brochures to plan the […]
Failure To Warn.
When a teenage girl and her older sister, wearing only their two-piece bathing suits, boarded a personal watercraft [PWC], they were given no instructions of any kind, safety or otherwise. Printed on a label located under the handlebars on the console of the PWC was: “WARNING. . . severe injuries to body cavities can occur […]
Previously We Reported: No Common Law Duty For Businesses To Have Defibrillators Available.
A woman suffered a cardiac arrest while shopping at Target. Paramedics took several minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care […]
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