A professional musician who was injured after he fell from a stage at a country club brought an action against the club for negligence. The stage, owned by the club and put together by the club on the day of the performance, consisted of four rows, known as risers, each approximately two feet high and […]
Release Enforced.
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 […]
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 […]
Wrongful Termination “Tameny” Claim.
An employee of a private university reported numerous instances of misconduct committed by her immediate supervisor and was fired. In her action for wrongful termination in violation of public policy, the university argued the illegal conduct the employee reported involved an injury only to the pecuniary interests of the university, and not to the public […]
$18 Million Punitive Damages Award Upheld.
A jury awarded $30 million in compensatory damages and $18 million in punitive damages against Union Carbide in an asbestos/mesothelioma case. The trial court issued a remittitur, reducing the compensatory damages to $6 million, which plaintiffs accepted. But the trial court declined to reduce the punitive damages. The appellate court concluded the evidence was sufficient […]
“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 […]
Read The Policy.
The intoxicated driver who caused the accident which killed a man had insurance coverage of $15,000. The intoxicated driver’s employer had $250,000 coverage. The decedent’s widow collected that $265,000 in a settlement. Thereafter, the widow sought to collect $100,000 in underinsured motorist coverage under a motorcycle insurance policy issued to the decedent and the widow. […]
Appellate Court Found Insurer Not In Bad Faith.
A Cadillac involved in an accident, which resulted in severe injuries to a plaintiff, was insured under two different policies and under two different named insureds. When plaintiff’s lawyer made a demand, it was against a person who was not in the car and under the wrong policy, a policy which had been canceled six […]
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 […]
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