Last month, an appellate court in Connecticut issued a written opinion in a car accident case showing how a plaintiff’s award after a favorable personal injury case can be reduced – sometimes unfairly. In the case, Marciano v. Jimenez, the court ultimately determined that the plaintiff’s award should not be…
Articles Posted in Personal Injury Case Law
Court Discusses Burden-Shifting Framework for Determining When Late-Filed Claims Against Public Entities Should Be Permitted
All personal injury cases must be filed within a certain amount of time. However, plaintiffs filing certain cases against a public or government entity must also provide notice to the defendant within a much shorter amount of time in order to preserve their right to compensation. In a recent case…
Plaintiff’s Pre-Trial Destruction of Evidence in Product Liability Case Does Not Result in Sanctions
Earlier this month, a Georgia appellate court issued a written opinion in a product liability case brought by the wife of a man who died when one of the tires on his Ford Explorer blew out on the highway. In the case, Cooper Rubber & Tire v. Koch, the court had…
How Design Immunity May Prevent an Accident Victim’s Lawsuit Against a Government Entity
There are almost an infinite number of causes of traffic accidents. While many accidents are caused by the negligence of one or more motorists, sometimes the way a road or intersection is designed is so dangerous that the government can be at fault for the dangerous design. However, in some…
Plaintiffs’ Failure to Object to Potentially Inconsistent Damages Award Prevents Appellate Review
Earlier this month, an appellate court in Alaska issued an opinion in a car accident case brought by the driver and passengers of one vehicle against the at-fault driver of another vehicle. In the case, Small v. Sayre, the court imposed a strict but consistently applied rule of appellate procedure…
Court Allows Plaintiff’s Bad-Faith Claim Against Insurance Company to Proceed
Earlier this month, a federal appellate court issued a written opinion in a case brought by a woman who was denied insurance coverage under her own underinsured motorist policy after she was seriously injured in a drunk driving accident. In the case, Peden v. State Farm, the court concluded that…
Court Discusses Employer Liability in Employee Car Accident Case
Earlier this month, a New York appellate court issued a written opinion in an interesting case discussing when an employer may be held liable for the negligent actions of an employee. In the case, Fountain v. Karim, the court determined that the lower court failed to make a necessary factual…
Respondeat Superior: Holding an Employer Liable for the Negligent Actions of an Employee
In many accidents, the responsible party may be working when the accident occurs. For example, a truck driver may cause an accident while en route to the delivery location. In these cases, an injured party may actually have a case against not just the at-fault party but also the employer through…
Court Affirms Jury’s Defense Verdict in Low-Speed Rear-End Collision
Earlier this week, a state appellate court issued a written opinion in an auto accident case, affirming a jury verdict in favor of the defense. In the case, Marshall v. Peter, the jury determined that the defendant was not negligent when he ran into the back end of the plaintiff’s…
Court Affirms Decision Denying Damages to a Woman Involved in a Motor Vehicle Accident
A state appellate court recently affirmed a jury’s decision to award no damages to a woman and her husband after they sued another driver for causing a motor vehicle accident. The driver of the other car admitted that he was at fault in the accident but denied that the woman was…