Justia Injury Law Opinion Summaries

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Plaintiff filed suit against FEG for negligent product design after his arm was amputated when it came into contact with the unguarded blade of one of FEG's commercial meat saws, the Hobart Model 6614. Plaintiff was working as the meat-market manager at a supermarket at the time he sustained his injuries. A jury awarded plaintiff and his wife $4,050,000.The Eleventh Circuit affirmed the district court's evidentiary determinations, holding that the district court did not abuse its broad discretion in rejecting FEG's Daubert challenge to the testimony of plaintiff's expert regarding inadequate testing. The court also held that the district court did not abuse its discretion in finding that allowing the jury to consider the expert's supplemental affidavit was harmless. The court further held that there was sufficient evidence introduced at trial to satisfy Florida's risk utility test and the evidence was sufficient to uphold a verdict of negligent design. Furthermore, the evidence introduced at trial was sufficient to support a finding that FEG's saw failed the consumer expectations test. Although it may have been error for the district court not to issue FEG's requested Florida state-of-the-art instruction, the court held that it was not reversible error. Finally, the district court did not abuse its broad discretion by admitting summaries of OSHA reports of fatalities and catastrophes. View "Crawford v. ITW Food Equipment Group, LLC" on Justia Law

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Appellee-Plaintiff Patricia Hammons (“Hammons”) was an Indiana resident who suffered significant injuries following the May 2009 implantation in Indiana of Appellant-Defendant Ethicon, Inc.’s Prolift Kit, a medical device used to treat “medical conditions in the female pelvis, primarily pelvic organ prolapse and/or stress urinary incontinence.” She received treatment in Indiana and Kentucky. All parties agreed the mesh was the only aspect of the Prolift Kit produced in Pennsylvania. Ethicon contracted with Secant Medical, Inc., a Bucks County manufacturer, to weave the mesh according to Ethicon’s specifications from Ethicon’s proprietary polypropylene filament. Hammons filed a complaint in the Philadelphia Court of Common Pleas against Ethicon, Johnson & Johnson, Gynecare, and Secant, asserting various claims related to the implanted device. Ethicon was a wholly-owned subsidiary of co-defendant Johnson & Johnson, both of which were headquartered and incorporated in New Jersey (jointly “Ethicon”). After initially being removed to federal court based on Ethicon’s claim of diversity jurisdiction, the case was eventually remanded to the Pennsylvania court, where it was transferred to the Complex Litigation Center Pelvic Mesh Mass Tort Program. Relevant to Hammons’ claim, Plaintiffs alleged that Ethicon “designed, manufactured, packaged, labeled, marketed, sold, and distributed” the Prolift Kit. Plaintiffs named Secant as a defendant, claiming that it “designed, tested, inspected, wove, knitted, cut, treated, packaged, manufactured, marketed, and/or sold a mesh made from polypropylene and/or other synthetically derived filaments that was the actual mesh utilized” in Ethicon’s Prolift Kits. This case presented a challenge to the exercise of specific personal jurisdiction in Pennsylvania over New Jersey corporate defendants, to a case filed by an Indiana resident. After reviewing recent decisions from the United States Supreme Court revising its personal jurisdiction jurisprudence, the Pennsylvania Supreme Court concluded that the imposition of personal jurisdiction in this case met the relevant constitutional and statutory requirements, and affirmed the Superior Court. View "Hammons v. Ethicon, Inc., et al" on Justia Law

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After a bus owned by First Transit struck a vehicle occupied by plaintiffs, they filed a claim for damages against First Transit, alleging that the driver of First Transit's vehicle was negligent and that First Transit was responsible for the their injuries. First Transit admitted liability and the jury awarded damages to both plaintiffs.The Eleventh Circuit vacated the district court's order denying First Transit's motion for a new trial, holding that when a party moving for a new trial based on a juror's nondisclosure during voir dire makes a prima facie showing that the juror may not have been impartial and thus was plausibly challengeable for cause, the district court must hold an evidentiary hearing prior to ruling on the motion for a new trial in order to adequately investigate the alleged juror misconduct. In this case, First Transit presented the district court with "clear, strong, substantial, and incontrovertible evidence that a specific, nonspeculative impropriety" occurred—namely, court documents that, on their face, showed that two jurors gave dishonest and misleading responses on their juror questionnaires and on voir dire. The court concluded that the district court's failure to conduct an evidentiary hearing constituted an abuse of discretion and remanded for an evidentiary hearing on the question of juror impartiality. View "Torres v. First Transit, Inc." on Justia Law

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The Ninth Circuit certified the following question to the Montana Supreme Court: Whether, under Montana law, parasitic emotional distress damages are available for an underlying negligence claim for personal property damages or loss. View "Childress v. Costco Wholesale Corp." on Justia Law

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The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs' complaint under Wyo. R. Civ. P. 12(b)(6) and (c), holding that the district court did not err.Plaintiffs sued Defendants asserting claims for defamation per se, tortious interference with a prospective economic advantage and business expectancy, and false light invasion of privacy. The district court dismissed all claims. The Supreme Court affirmed, holding (1) Plaintiffs did not state claims for defamation per se; (2) Plaintiffs could not recast their second cause of action as a claim for prima facie tort; and (3) Plaintiffs did not state a claim for false light invasion of privacy. View "Bextel v. Fork Road LLC" on Justia Law

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Debra Dlouhy, Dustin Dlouhy, individually and as Personal Representative of the Estate of Duane Dlouhy (“the Dlouhys”) appealed a district court order granting summary judgment in favor of Kootenai Health. The district court granted summary judgment on the Dlouhys’ medical malpractice action after determining that the Dlouhys had failed to provide adequate foundation showing that their expert witnesses had actual knowledge of the community standard of care. In May 2015, Duane Dlouhy went to the emergency department because of rectal bleeding. After a CT scan, "no obvious mass" was noted on his records, but that "dark red blood" was present. The radiologist charted that a “neoplasm cannot be excluded.” Mr. Dlouhy was discharged from the hospital and went home, but returned several hours later after the rectal bleeding began again. A colonoscopy was performed, but no complete view of the rectum could be obtained. Mr. Dlouhy was discharged again. He would have follow-up appointments in June and September, 2015, and in January 2016. By August, he had been diagnosed with state IV colorectal cancer. After review of the trial court record, the Idaho Supreme Court determined the district court erred in granting Kootenai Health’s motion for summary judgment on the grounds that the Dlouhys failed to provide sufficient expert testimony as to the community standard of care. The Dlouhys argued that “for board-certified physicians, there is a national standard of care.” They argued that Mr. Dlouhy's original emergency physician was subject to the national standard of care that applied to board-certified gastroenterologists, and that their out-of-area expert had actual knowledge of the applicable national standard because he held the same board certification as the local physician. The Supreme Court concluded the expert familiarized himself sufficiently in the community standard of care for board-certified gastroenterologists such that his testimony should not have been excluded. The district court’s order granting summary judgment was reversed in part, the final judgment dismissing the Dlouhys’ medical malpractice claim was vacated, and the case remanded for further proceedings. View "Dlouhy v. Kootenai Hospital District" on Justia Law

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Adrien Johns was seriously injured in August 2013 when the front brake on his Suzuki motorcycle failed suddenly. He sued the designer and manufacturer of the motorcycle, Suzuki Motor Corporation, and its wholly-owned subsidiary and American distributor, Suzuki Motor of America, Inc. (collectively, “Suzuki”), asserting a claim of strict products liability based on a design defect and two negligence claims (breach of a continuing duty to warn and negligent recall). Adrien’s wife, Gwen Johns, also sued Suzuki, alleging loss of consortium. At trial, the Johnses presented evidence showing that the brake failure of Adrien’s motorcycle was caused by a defect in the design of the front master brake cylinder that created a corrosive condition, which resulted in a “leak path” that misdirected the flow of brake fluid and caused the total brake failure. About two months after Adrien’s accident, Suzuki issued a recall notice warning about a safety defect in the front brake master cylinder. Suzuki had notice of the issue, including reports of similar accidents, for a significant amount of time before Adrien’s accident. Adrien admitted, that contrary to the instructions in the owner’s manual to replace the brake fluid every two years, he had not changed the fluid during the eight years he had owned the motorcycle. The jury found in favor of the Johnses on all claims. Because the damages after apportionment were less than the Johnses’ pretrial demand of $10 million, the trial court rejected the Johnses’ request for pre-judgment interest under OCGA 51-12-14 (a). The Johnses cross-appealed, arguing that because their claim was based on strict products liability, the trial court erred in reducing the damages awards based on OCGA 51-12-33 (a), and therefore also erred in failing to award them pre-judgment interest. The Georgia Supreme Court granted certiorari review to decide whether OCGA 51-12-33 (a) applied to a strict products liability claim under OCGA 51-1-11. The Court of Appeals held that strict products liability claims were subject to such apportionment. To this, the Supreme Court agreed and affirmed. View "Johns, et al. v. Suzuki Motor of America, Inc., et al." on Justia Law

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The Supreme Court vacated the judgment of the court of appeals affirming the decision of the Workers' Compensation Commission finding that Claimant suffered a compensable injury to her right shoulder, holding that the court of appeals erred in applying the legal standard for determining whether Claimant suffered a compensable "injury by accident" to her shoulder.Claimant, a math teacher, slipped on a puddle on her classroom floor and fell on her right side. Claimant filed claims for an award of benefits by the Commission, claiming that the fall injured her right shoulder. The Commission ruled that Claimant established a compensable injury by accident to her shoulder. The court of appeals affirmed. The Supreme Court vacated the court of appeals' judgment and remanded the case for further proceedings, holding that the court of appeals erred in applying the standard for determining whether Claimant had suffered an injury by accident to her shoulder. View "Alexandria City Public Schools v. Handel" on Justia Law

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This case arose from a movie-making accident. After her father was injured diving in French Polynesia, Mira Chloe Prickett sued Bonnier Corporation and World Publications, LLC (collectively Bonnier) for compensatory and punitive damages under general maritime law. The trial court granted a judgment on the pleadings against her on the grounds that neither compensatory damages for loss of her father’s society nor punitive damages were available under general maritime law. Appellant Prickett did not cite on appeal any admiralty authority that would allow a child to recover loss of society damages for a nonfatal injury to a non-seaman on the high seas, and – without legislative impetus or compelling logic for such a result – the Court of Appeal declined to do so. The trial court's judgment was affirmed. View "Prickett v. Bonnier Corp." on Justia Law

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The Supreme Court affirmed the judgment of the circuit court in favor of Boston Scientific Corporation (BSC) and C.R. Bard Inc. on Plaintiff's claims related to Defendants' design and manufacture of polypropylene mesh slings that were surgically implanted in Plaintiff, holding that any errors were not prejudicial.Specifically, the Supreme Court held (1) the circuit court did not err in excluding evidence of Bard's prior convictions; (2) the circuit court erred by not sustaining Plaintiff's objections to BSC's and Bard's use of her claims brought in the original petition against former defendants, but the errors were not prejudicial; and (3) the circuit court did not manifestly abuse its discretion in denying Plaintiff's request for a mistrial after Bard displayed to the jury prejudicial evidence of Plaintiff's settlements with the dismissed defendants. View "Sherrer v. Boston Scientific Corp." on Justia Law