Earlier last month, the Nevada Supreme Court issued a written opinion that reversed a $4.5 million jury verdict in favor of the plaintiff, based on the lower court’s disallowance of the defendant’s low-impact defense. In the case, Rish v. Simao, the appellate court determined that the lower court erred when it…
Articles Posted in Personal Injury Case Law
Court Finds Landowner Had No Duty to Prevent Lessee’s Horses from Escaping Leased Property
Earlier this month, the Vermont Supreme Court issued an opinion in a personal injury case affirming the lower court’s decision that a landlord who leased his property to a tenant was not liable when the tenant’s horse escaped and caused an accident. In the case, Deveneau v. Weilt, the plaintiff…
Defendant’s Failure to Disclose Previous Traffic Tickets Results in Reversal in Favor of Plaintiff
Earlier this month, the Supreme Court of West Virginia issued an opinion in a case that arose after an incident of road rage resulted in a commercial truck driver crashing and suffering injuries. The court held that the defendant’s act of failing to disclose the fact that he had several…
Appellate Court Requires Parties Be Given Ample Time to Conduct Investigation
Earlier this month, an appellate court in Mississippi released a written opinion in a case involving a pedestrian accident that took place in a gas station parking lot. The appeal was filed by the plaintiff after the lower court refused to give the plaintiff additional time to complete an investigation…
Accident Victim’s Signed Release Encompasses At-Fault Driver and Subsequent Allegedly Negligent Physician
Earlier this month, a state supreme court handed down a very important decision regarding the scope of an unambiguous liability waiver signed in the wake of a serious car accident. In the case, Gores v. Miller, the court determined that a waiver signed after an accident, absolving the at-fault driver and…
Appellate Court Affirms Exclusion of Plaintiff’s Medical Expert Testimony Based on Lack of Certainty
Earlier this month, the Supreme Court of the State of Montana decided a case that illustrates how courts view expert testimony in personal injury cases. While the case arose under Montana law, the laws applied in the case are similar to those in Maryland, and Maryland accident victims should be…
Plaintiff Sanctioned by Court for Bringing Claim for Punitive Damages Without Basis
Earlier this month, a state supreme court heard a case that was filed by one motorist against another, alleging that the defendant’s negligence caused not only the accident but also the injuries the plaintiff suffered. The case contained claims of both compensatory and punitive damages, alleging that the defendant’s “willful,…
Court Reversed Dismissal of Case Based on Trial Judge’s Improper Jury Instructions
Earlier last month, a state supreme court handed down a decision reversing a lower court’s ruling in favor of a defendant who struck a pedestrian as she was crossing the street. The court based its reversal on the improper jury instructions that were given by the trial judge. Samson v.…
Car Accident Victim’s Failure to Submit Evidence of Negligence Results in Dismissal of Case
Earlier last month, the Supreme Court of Rhode Island issued a decision affirming a lower court’s dismissal of a case against a defendant in a car accident case. In the case, Wray v. Green, the plaintiffs’ case was dismissed because they failed to submit any evidence indicating that the defendant…
New Trial Granted to Plaintiff When Jury Returned $1 Pain-and-Suffering Award
Earlier this month, the Supreme Court of Iowa heard a case that required the court to determine whether the jury-determined award of $1 for the plaintiff’s pain and suffering was consistent with the jury’s determination that the man incurred nearly $17,000 in medical bills. Ultimately, the court held that the…