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The Court of Appeal reversed the trial court's grant of summary judgment in an action alleging that plaintiff was sodomized by his roommate while a patient in the adolescent psychiatric unit of the Hospital. The panel held that the Hospital did not foreclose as a matter of law plaintiff's theories of negligence raised on appeal and thus the burden did not shift to plaintiff to demonstrate the existence of a triable issue of material fact. The court reasoned that, even if plaintiff's evidence was properly excluded, summary judgment should not have been granted. In this case, the Hospital's expert did not opine specifically as to the standard of care regarding room assignments and did not dispose of this theory as a matter of professional negligence. In regard to the theory of hospital safety and negligent supervision, without any evidence of standards and requirements, there was no basis on which to determine the standard of care, the scope of the duty, or to conclude that the Hospital complied. Accordingly, the court remanded for further proceedings. View "Doe v. Good Samaritan Hospital" on Justia Law

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Appellants’ action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671-2680, seeking compensatory damages for the allegedly negligent act of a federal employee was time-barred under the FTCA’s statute of limitations. On April 22, 2013, Appellants filed a medical malpractice complaint pursuant to the FTCA against the United States Department of Health and Human Services (USDHHS). The district court granted summary judgment for USDHHS, concluding that the complaint was time-barred for failing to file compulsory administrative claims within the FTCA’s two-year statute of limitations. On appeal, Appellants argued that their claim was timely under the “discovery rule.” The First Circuit affirmed, holding that, at least by March 8, 2010, Appellants knew of sufficient facts for their cause of action to accrue, and therefore, Appellants’ action was time-barred. View "Morales-Melecio v. United States" on Justia Law

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In this workers’ compensation case, the Court of Appeals clarified an exception to the "going and coming rule" - the special mission or errand doctrine. Employee, who was employed by Montgomery County, was injured in a car accident while driving from her home to a mandatory work training on a Saturday, which was normally her day off. The Workers’ Compensation Commission awarded compensation, finding that Employee’s injury arose out of and in the course of employment. The County sought judicial review, arguing that the going and coming rule prohibited recovery because accidental injuries sustained while going to or coming from work do not ordinarily arise out of and in the course of employment, and none of the exceptions to the rule applied. The circuit court granted summary judgment for the County. The Court of Special Appeals affirmed. The Court of Appeals reversed, holding (1) the going and coming rule, rather than the traveling employee doctrine, controlled Plaintiff’s case; but (2) the undisputed facts permitted a reasonable conclusion that the special mission exception to the going and coming rule applied in this case. View "Calvo v. Montgomery County, Maryland" on Justia Law

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Doreen Heyboer was a passenger on a motorcycle involved in an accident with an automobile in Denver and suffered catastrophic injuries. As a result of her injuries, her conservator sued the City and County of Denver, alleging that the street’s deteriorated condition contributed to the accident. Denver responded by asserting its immunity under the Colorado Governmental Immunity Act (“CGIA”). Heyboer argued Denver waived its immunity because the road was a dangerous condition that physically interfered with the movement of traffic, and thus, her suit fits an express exception found in the CGIA. After review, the Colorado Supreme Court determined her evidence did not establish that the road constituted an unreasonable risk of harm to the health and safety of the public, nor did her evidence establish that the road physically interfered with the movement of traffic. Accordingly, Denver retained its immunity under the CGIA; the Supreme Court reversed the court of appeals which held to the contrary. View "City & Cty. of Denver v. Dennis ex. rel. Heyboer" on Justia Law

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Baptist Health System, Inc., d/b/a Walker Baptist Medical Center ("WBMC"), appealed a circuit court's denial of its postjudgment motion seeking relief from the judgment entered on a jury verdict in favor of Armando Cantu ("Armando"), as father and next friend of Daniel Jose Cantu ("Daniel"), a minor, on Armando's medical-malpractice claim. In 2009, Armando and his wife, Eulalia, took then three-month-old Daniel to WBMC's emergency room for treatment following symptoms including decreased appetite, coughing, and a fever that had lingered for several days. At that time, Daniel was diagnosed by the attending emergency-room physician as suffering from a viral illness (specifically, an upper-respiratory infection) and was discharged with instructions to continue fluids and to seek further treatment if the symptoms continued. Thereafter, Daniel's condition allegedly further deteriorated into vomiting, suspected dehydration, decreased activity, and "irritab[ility] whenever his neck was touched." Daniel received a second-opinion from his pediatrician, who performed a "spinal tap," revealing Daniel had bacterial meningitis. Daniel was taken to Children's Hospital in Birmingham, where he was treated with antibiotics, and released with a "discharge diagnosis" of: "meningococcal meningitis, hydrocephalus status post ventriculoperitoneal shunt placement, seizure disorder, blindness, and deafness as a result of bacterial meningitis." In October 2011, Armando sued both WBMC and Dr. James Wilbanks (the attending physician at Daniel's first trip to the Emergency Room), alleging a single count pursuant to Alabama's Medical Liability Act. Ultimately, the jury returned a verdict finding that Dr. Wilbanks's actions did not meet the applicable standard of care, found WBMC liable for the conduct of Dr. Wilbanks, and awarded Armando $10,000,000 in damages. WBMC filed a postjudgment motion seeking a judgment as a matter of law or a new trial. Among the other claims included in that motion, WBMC specifically asserted that it was entitled to a new trial based on the trial court's admission, over WBMC's objections, of evidence of prior medical-malpractice lawsuits filed against WBMC. The Alabama Supreme Court concluded the facts related to the jury regarding prior acts and omissions by WBMC were entirely irrelevant for the purpose of curative admissibility, were highly prejudicial to WBMC, and warranted reversal of the judgment against WBMC. The judgment of the trial court was, therefore, reversed, and the case remanded for a new trial. View "Baptist Health System, Inc. v. Cantu" on Justia Law

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In this product liability action, the district court did not abuse its discretion in excluding the claimant’s expert’s testimony regarding causation. Plaintiff brought this product liability action against Hoffman-La Roche, Inc. and Roche Laboratories, Inc. (collectively, Roche) alleging that she developed health issues as a result of ingesting Accutane, a pharmaceutical drug manufactured and distributed by Roche. After conducting a Daubert/Schafersman hearing, the district court entered an order precluding Plaintiff’s expert witness from rendering opinions on the general and specific causation of Plaintiff’s Crohn’s disease. Thereafter, the Court entered summary judgment in favor of Roche. The Supreme Court affirmed, holding that the district court did not abuse its discretion in excluding the expert testimony after finding that the expert’s methodology was unreliable and conclusion-driven; and (2) with the exclusion of this testimony, there remained no issue of material fact, and therefore, summary judgment was properly granted in favor of Roche. View "Freeman v. Hoffman-La Roche, Inc." on Justia Law

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The Supreme Court affirmed the order of the Mass Litigation Panel through which summary judgment was granted in favor of Defendants, Pfizer, Inc., Roerig, a division of Pfizer, Inc., and Greenstone, LLC (collectively, Pfizer) on Plaintiffs’ claims that Pfizer negligently failed adequately to warn them of the risk of birth defects through the ingestion of Zoloft, a prescription medication, during pregnancy. The Court held (1) this was a case where expert testimony was necessary, and therefore, the Panel did not erroneously based its decision on the absence of expert testimony to support Plaintiffs’ claims that Pfizer failed adequately to warn women of childbearing age of the risks of Zoloft; (2) Petitioners could not sustain their evidentiary burden with Pfizer’s witnesses; and (3) there was no unfairness in requiring Plaintiffs to meet their burden of proof with expert testimony under the circumstances of this case. View "J.C. v. Pfizer, Inc." on Justia Law

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At issue was the rule that the company that purchases the assets of another is not responsible for the latter’s liabilities and the rule’s common-law exception when the parties use the transaction to fraudulently escape responsibility for those liabilities. Plaintiff, whose husband died from mesothelioma, sued Fire Brick Engineers Co. and Powers Holdings, Inc. alleging they were negligent in manufacturing or distributing the asbestos products to which Plaintiff’s husband was exposed. The complaint identified Powers Holdings as the successor to Fire Brick. Powers asserted that Plaintiff brought the action against the wrong entity because Powers was not liable for the torts of its predecessor corporations. The circuit court granted summary judgment for Powers. The court of appeals reversed and remanded for a determination of whether Powers should be held responsible for the liabilities of its predecessor company, concluding that the question of whether a transfer transaction was entered into fraudulent must be answered in the context of Wisconsin’s Uniform Fraudulent Transfer Act.. The Supreme Court reversed, holding that Powers was entitled to summary judgment because the Act does not govern the “fraudulent transaction” exception to the rule of successor non-liability. View "Springer v. Nohl Electric Products Corp." on Justia Law

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Appellants Keith and Debra Bjerk's son Christian died from an overdose after consuming drugs at a house owned by Kenton Anderson. The district court granted summary judgment dismissing the Bjerks' premises liability and negligent entrustment claims, and the Bjerks appealed. The North Dakota Supreme Court concluded the facts viewed in a light most favorable to the Bjerks did not support a conclusion that Anderson owed Christian a duty of care under a premises liability theory. The Supreme Court also concluded the Bjerks' negligent entrustment failed as a matter of law because only personal property, and not the real property at issue here, was a potential basis for a negligent entrustment claim. View "Bjerk v. Anderson" on Justia Law

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The Eleventh Circuit affirmed the district court's grant of summary judgment for Mosaic in this toxic tort action. Plaintiff alleged that toxic substances emitted from a factory operated by Mosaic caused or exacerbated various medical conditions from which she suffers. The court held that the district court did not abuse its discretion in excluding the opinions of plaintiff's expert because the expert's methodology was undermined by multiple defects. The court found no error in the district court's analysis and agreed with the district court that, among other things, the expert failed to properly assess dose-response with regard to plaintiff, to meaningfully rule out other potential causes of plaintiff's medical conditions, and to account for the background risk of her conditions. View "Williams v. Mosaic Fertilizer, LLC" on Justia Law