Personal Injury Case Law

Plaintiff’s Verdict Overturned on Appeal After Trial Court Prevented Defendant from Raising “Low-Impact” Defense

April 11, 2016 | Lebowitz & Mzhen

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 entered judgment in favor of the plaintiff after the defendant repeatedly violated the court’s pre-trial order preventing the defendant from bringing up how minor the traffic accident was that allegedly caused the plaintiff’s injuries.

The Facts of the Case

The plaintiff’s car was struck from behind by the defendant’s vehicle when the two were in stop-and-go traffic. After the accident, an ambulance came, but all parties refused medical treatment. The plaintiff later filed a personal injury case against the defendant, alleging that he did in fact sustain serious injuries as a result of the rear-end accident, and that the accident was the defendant’s fault.

In a pre-trial motion, the plaintiff asked the court to prevent the defendant from bringing up that the traffic accident was only a minor one, with minimal property damage. The plaintiff also asked the court to prevent the jury from seeing photographs of the damage, which by all accounts was slight. The trial judge, relying on his interpretation of relevant case law, granted the plaintiff’s motion.

Court Finds Landowner Had No Duty to Prevent Lessee’s Horses from Escaping Leased Property

March 23, 2016 | Lebowitz & Mzhen

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 was injured when he was involved in a single-car accident after crashing into a horse on the highway. The plaintiff filed a negligence lawsuit against both the horse’s owner as well as the man who leased land to the animal’s owner. In a pretrial motion, the landowner asked the trial court to dismiss the case against him, because he had nothing to do with the horses, and only leased the land to the horse’s owner. The trial court agreed that there was insufficient evidence to hold the landowner liable, and dismissed the case against him.

The plaintiff then appealed the decision to the Vermont Supreme Court. On appeal, the court noted that this was a case of first impression, meaning that the exact issue had never come up before. However, the court ultimately agreed with the landowner and affirmed the dismissal of the case.

Defendant’s Failure to Disclose Previous Traffic Tickets Results in Reversal in Favor of Plaintiff

March 16, 2016 | Lebowitz & Mzhen

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 prior traffic offenses in the pre-trial discovery process resulted in the plaintiff not being able to properly rebut his testimony, and ultimately resulted in an unfair verdict.

Phillips v. Stear: The Facts of the Case

The plaintiff, a commercial truck driver, crashed after a maroon vehicle cut him off and “gave him the finger.” The driver of the maroon vehicle fled the scene, but a witness followed him and called 911, providing the license plate number to police. Police ultimately tracked the owner down and he was sued by the truck driver.

At trial, the defendant introduced evidence of his “good character,” testifying that he is not a fast or aggressive driver, and that he normally drives below the speed limit in order to conserve fuel. When asked about any prior traffic offenses, the defendant responded that, as best he could remember, the last time he was issued a speeding ticket was 2006. In response, the plaintiff asked if he had been issued a ticket in 2011, to which the defendant replied he “did not recall the incident.” While the plaintiff had proof of the 2011 citation, an evidentiary ruling kept it out of evidence.

Appellate Court Requires Parties Be Given Ample Time to Conduct Investigation

February 23, 2016 | Lebowitz & Mzhen

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 into whether the defendant gas station owner was negligent in failing to erect barriers to prevent out-of-control cars from entering its lot. The court ultimately determined that under the state’s rules of civil procedure, the parties should have been given more time to investigate the issue, thus presenting the court with more information.

The Facts of the Case

The case of Stanley v. Scott Petroleum Corporation arose after the two plaintiffs were struck by a vehicle as they were at a walk-up window paying for gas at the defendant gas station. The evidence presented suggested that the car that struck the plaintiffs suffered from some kind of mechanical malfunction with the braking system, and it was unable to slow down at the intersection adjacent to the station. It was estimated that the car was traveling at approximately 45 miles per hour at the time of the collision.

As a result, the car careened through the gas station and into a set of vending shelves. Those shelves then collided with the plaintiffs, causing them to be injured as a result.

Accident Victim’s Signed Release Encompasses At-Fault Driver and Subsequent Allegedly Negligent Physician

February 16, 2016 | Lebowitz & Mzhen

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 his insurance company of any liability, also extended to any malpractice lawsuit stemming from the treatment related to the injuries sustained in the accident.

The Facts of the Case

The plaintiff was a 15-year-old girl who was injured when the van she was riding in was involved in an accident. The girl, through her mother, negotiated and settled a claim with the at-fault driver’s insurance company for $25,000. The court was asked to accept the settlement waiver, and in so doing the plaintiff would forfeit her right to sue any “and all other persons, firms or corporations liable or who might be claimed to be liable,” for injuries both “known and unknown.”

The court accepted the settlement between the parties. However, two years after the settlement was made final, the girl and her mother filed a medical malpractice suit against the doctor who treated her in the wake of the accident.

Appellate Court Affirms Exclusion of Plaintiff’s Medical Expert Testimony Based on Lack of Certainty

January 26, 2016 | Lebowitz & Mzhen

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 on notice that a similar issue may arise in their case.

Cleveland v. Ward: The Facts of the Case

The facts giving rise to the appeal are quite simple. The plaintiff was stopped at an intersection when the defendant rear-ended her. The impact from the collision pushed the plaintiff’s vehicle into the intersection and totaled her car. The defendant admitted that she was negligent in rear-ending the plaintiff’s car, and the plaintiff filed a lawsuit seeking monetary compensation for her injuries, including amounts for “damages for emotional distress, past medical costs, and business loss/lost income.” One of the specific injuries the plaintiff was seeking compensation for was a torn rotator cuff.

As a part of the discovery process, the defendants were given the opportunity to interview the plaintiff’s treating physician, Dr. Steele, in what is called a deposition. A deposition is a formal, out-of-court, interview whereby both parties are present and can ask a witness questions pertaining to the case. In his deposition, Dr. Steele explained that he could not say that the accident “more likely than not” was what caused the rotator-cuff tear.

Plaintiff Sanctioned by Court for Bringing Claim for Punitive Damages Without Basis

January 19, 2016 | Lebowitz & Mzhen

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, wanton, and reckless” actions entitled the plaintiff to punitive damages. Ultimately, however, the court disagreed with the plaintiff and not only denied the request for punitive damages but also sanctioned the plaintiff for making the claims when there was no basis to do so.

Smizer v. Drey: The Facts of the Case

The plaintiff was traveling to church with several family members in the car, when the defendant crashed into them. In the specific intersection where the accident occurred, the defendant had a yield sign. Evidence showed that the speed limit was 65 miles per hour and that the defendant was traveling at 45 miles per hour and slowed to 35 miles per hour as she entered the intersection. However, as she entered the intersection, she did not see the plaintiff’s vehicle because a cornfield obscured her view.

By the time she did see the plaintiff’s vehicle, it was too late, and the vehicles collided. The defendant admitted to failing to yield at the intersection and was cited by police for the same.

Court Reversed Dismissal of Case Based on Trial Judge’s Improper Jury Instructions

January 12, 2016 | Lebowitz & Mzhen

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. Nahulu: The Facts of the Case

In the case, Samson v. Nahulu, the plaintiff was the family of a young girl who was seriously injured when she was struck by an SUV driven by the defendant. The facts of the case were hotly contested at trial, with testimony from several eyewitnesses differing as to many of the important variables, such as whether the girl was in the crosswalk at the time of the accident, how far into the road she was when she was hit, and where exactly the nearby buses were parked in relation to the point of collision.

During trial, the judge made several important rulings regarding the evidence that the jury was allowed to consider. Specifically, the judge determined that the plaintiff would not be permitted to have a lay witness testify that the defendant was going “too fast,” and the court would not allow a photo of the intersection annotated by a witness that showed the young girl was in a crosswalk at the time of the accident.

Car Accident Victim’s Failure to Submit Evidence of Negligence Results in Dismissal of Case

January 5, 2016 | Lebowitz & Mzhen

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 was negligent in the operation of his vehicle.

The Facts of Wray v. Green

The crash giving rise to the case in Wray v. Green was a three-car accident. Wray was the driver of the first vehicle. According to the court’s written opinion, Wray came to a stop at an intersection, waiting to make a left turn into a parking lot.

Roy was the driver of the second vehicle, and the defendant in the case. The evidence at the pre-trial motion suggests that Roy came to a complete stop behind Wray. However, it is not known how far away from Wray Roy’s vehicle was when it came to a stop.

New Trial Granted to Plaintiff When Jury Returned $1 Pain-and-Suffering Award

December 23, 2015 | Lebowitz & Mzhen

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 $1 award was in line with the jury’s determination that the plaintiff’s reimbursable medical expenses were $17,000.

Bryant v. Parr: The Facts of the Case

The facts giving rise to the case are fairly straightforward. The plaintiff was a salesperson at a car dealership who was injured while he was riding as a passenger in a vehicle that was being test-driven by the defendant. According to the court’s written opinion, the driver of the vehicle made an illegal left turn, causing an accident with another vehicle.

As a result of the accident, the plaintiff suffers continuing headaches and pain in his back, neck, and shoulder. The injured salesperson filed suit against both the potential customer who was driving the car he was riding in as well as the other driver involved in the accident.