Justia Injury Law Opinion Summaries

After Charles Sowers died of lung cancer caused by smoking cigarettes, plaintiff filed suit against the manufacturer of the cigarettes, R.J. Reynolds, under Florida's wrongful death statute. A jury found the company liable for his death and awarded compensatory damages.The Eleventh Circuit found no merit in R.J. Reynolds' contentions that it was entitled to a new trial based on an evidentiary ruling and based on statements plaintiff's attorney made in closing. The court also held that plaintiff is entitled to a trial on the issue of whether she should receive punitive damages on the negligence and strict liability claims and, if so, how much. Furthermore, the new trial on punitive damages that plaintiff is entitled to will not open up the liability and compensatory damages judgment that she has already obtained in the first trial. In this case, the findings underlying the first jury's comparative fault verdict are concerned solely with determining the amount of compensatory damages that will be awarded, and those findings do not overlap with the punitive damages findings that the remand jury will be called on to make in the course of deciding whether to punish R.J. Reynolds and attempt to deter others from similar conduct.Finally, unless it is successful in getting the court's judgment vacated or reversed, R.J. Reynolds will have to pay plaintiff the compensatory damages award, plus any applicable interest, promptly after the court's mandate issues instead of delaying payment until after the trial on punitive damages and any resulting appeal from the judgment in that trial is completed. Accordingly, the court affirmed in part, reversed in part, and remanded with instructions. View "Sowers v. R.J. Reynolds Tobacco Co." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Plaintiffs' appeal from the trial court's dismissal of Plaintiffs' complaint on the basis that a dismissal without prejudice based on forum non conveniens is not a final, appealable order, holding a trial court's order dismissing a case without prejudice based on the doctrine of forum non conveniens is not a final, appealable order pursuant to Ohio Rev. Code 2505.02.Plaintiffs were obligated under Kentucky law to pay workers' compensation benefits to a worker who was injured at Defendant's facility. They subsequently filed a lawsuit against against Defendant in the Cuyahoga County Court of Common Pleas in Ohio, seeking to recover the amount that they had been required to pay. Defendant filed a motion to dismiss the complaint based on the doctrine of forum non conveniens, arguing that the action should be filed in the Circuit Court in Grant County, Kentucky. The trial court dismissed the case, without prejudice, based on forum non conveniens. The court of appeals dismissed Plaintiffs' appeal on the basis that a dismissal without prejudice based on forum non conveniens is not a final, appealable order. The Supreme Court affirmed, holding that the dismissal in this case was not a final, appealable order. View "Crown Services, Inc. v. Miami Valley Paper Tube Co." on Justia Law

Wagon Wheel Canyon Loop Trail (the Trail) is located in Thomas F. Riley Wilderness Park (the Park), a public park owned and operated by Orange County, California. Before the incident at issue in this case, a wooden lodgepole fence ran perpendicularly across the mid-point of the eastern half of the Trail loop, serving as an entrance and exit for the Trail, and created a physical barrier cyclists had to maneuver around when riding either north or south on the Trail. Plaintiff Sean Nealy “had ridden his bicycle on and along [the Trail] several times in the past, [and] knew of the existence of the [perpendicular] wooden lodgepole fence." At some point unknown to plaintiff, the lodgepole fence was replaced with new fencing, which consisted of wooden fenceposts or “pylons” between which were strung horizontally, gray colored wire cables. Like the original lodgepole fence, the new perpendicular fence “divided” the southern and northern portions of the Trail loop, “separating each direction of travel.” However, the new fence actually ended before it reached the boundary of the Trail, and there was an opening between the fence’s western-most post and the parallel fencing at the western edge of the Trail. Plaintiff, an experienced cyclist, was riding his bicycle on the Trail. He noticed the lodgepole fence had been removed, but did not see the wire cables strung between the new fenceposts. He mistakenly believed he could ride between the fenceposts, but instead, rode directly into the wire cables, where he was thrown over the handlebars and onto the ground, resulting in serious injuries. He sued the County, alleging (1) Negligence (Premises Liability)”; and “(2) Dangerous Condition of Public Property.” County demurred, asserting plaintiff’s claims were barred both by Government Code section 831.4’s “trail immunity” and section 831.7’s “hazardous activity immunity.” The trial court sustained the demurrer based on trail immunity, finding the new fencing was a “condition” of the Trail for which County was statutorily immune. Finding no reversible error, the Court of Appeal affirmed the trial court. View "Nealy v. County of Orange" on Justia Law

The Court of Appeal affirmed the trial court's order denying plaintiffs' request for entry of a default judgment and dismissing their wrongful death action against the terrorist organization Al Shabaab. This action stemmed from Al Shabaab's murder of 148 students in their dormitories at Garissa University in Kenya, including 21-year-old Angela Nyokabi Githakwa.The court held that the trial court did not violate the Githakwa Parties' due process rights by determining that it lacked jurisdiction over Al Shabaab. In this case, the trial court provided the Githakwa parties adequate notice and an opportunity to address personal jurisdiction. Furthermore, the trial court correctly concluded that it lacked personal jurisdiction over Al Shabaab where Al Shabaab is not subject to the trial court's general jurisdiction and the trial court lacked specific jurisdiction over Al Shabaab for the Garissa University attack. View "Brue v. Al Shabaab" on Justia Law

In 2014, plaintiff-respondent Keith Burchell underwent what was supposed to be a simple, outpatient procedure to remove a small mass in his scrotum for testing. His surgeon, Dr. Gary Barker, discovered that the mass was more extensive than expected, believing the mass was malignant. Without consulting either Burchell (who was under anesthesia) or the person Burchell had designated as his medical proxy, Barker removed the mass from both the scrotum and the penis, a different and substantially more invasive procedure than had been contemplated. Burchell suffered serious side effects, some of which are permanent and irreversible. The mass turned out to be benign. Burchell brought suit, alleging professional negligence and medical battery. A jury returned a verdict for Burchell on both causes of action, awarding him $4 million in past noneconomic damages and $5.25 million in future noneconomic damages against Dr. Barker and defendant-appellant Faculty Physicians & Surgeons of the Loma Linda University School of Medicine (FPS). On appeal, FPS argued the award of noneconomic damages should have been reduced to the $250,000 limit on such damages in “any action for injury against a health care provider based on professional negligence” provided by Civil Code section 3333.2(a), part of the Medical Injury Compensation Reform Act of 1975 (MICRA). In the alternative, FPS argued the award of noneconomic damages was excessive and the product of improper argument by Burchell’s counsel, so the Court of Appeal should reverse and remand for new trial unless Burchell accepts a reduction of the award to an amount we deem reasonable. Finally, FPS argued Burchell’s offer to compromise pursuant to Code of Civil Procedure section 998 was invalid, so the award of expert witness fees and prejudgment interest should also be reversed. After review, the Court of Appeal rejected FPS' first two arguments, but concurred that Burchell’s section 998 offer was invalid, and therefore reversed the award of expert witness fees and prejudgment interest. View "Burchell v. Faculty Physicians & Surgeons etc." on Justia Law

In 2011, Joshua Martinez was driving a pickup truck when he lost control and crashed into a cabin, injuring the cabin owner Charles Burnett, and causing damage, including a spill of heating fuel. Burnett asked Martinez's insurance company, Government Employees Insurance Company (GEICO) to pay him to do the cleanup himself, but the insurance company refused because the cabin owner did not have the qualifications required by the Alaska Department of Environmental Conservation. Cleanup stalled for over a year while the effects of the spill on the property and the owner’s health allegedly worsened. Martinez and the truck’s owner (his father) Robert Martinez, settled with the Burnett for the maximum limits of the insurance policy, but Burnett sought additional damages from the insurance company for its failure to promptly clean up the property. Following summary judgment for the insurance company and a reversal and remand by the Alaska Supreme Court, the superior court held an evidentiary hearing to decide whether the insurance company had assumed a duty to the cabin owner independent of the duty it owed its insureds. The superior court found there was no such duty. Burnett and the insureds appeal. Burnett contended the superior court erred by finding no actionable duty, and that it deprived him of due process by failing to consider his arguments before entering proposed findings of fact and conclusions of law and awarding attorney’s fees. The insureds argued the superior court erred by deciding that they were precluded from further participation in the litigation once they entered into a settlement and were voluntarily dismissed from the case. The Supreme Court concluded the superior court did not clearly err in its findings of fact about the existence of an independent duty and that it did not violate Burnett’s due process rights. The Court also concluded the insureds were no longer parties to the case at the time they sought to renew their participation in it, and their arguments that they were entitled to either joinder or intervention were waived for lack of briefing. View "Martinez v. Government Employees Insurance Company, et al." on Justia Law

Defendants below, Sam Smith, director of the Calhoun County Department of Human Resources ("CCDHR"); Pamela McClellan, an adult-protective-services caseworker with CCDHR; and Teresa Ellis, McClellan's supervisor (referred to collectively as "petitioners"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the circuit court to vacate its order denying their motion for a summary judgment in a wrongful-death action filed by William David Streip ("David"), as the personal representative of the estate of his sister, Jerrie Leeann Streip ("Leeann"), and to enter a summary judgment in their favor on the basis of immunity. Leeann suffered from numerous serious physical, mental, and emotional conditions since birth; those conditions were exacerbated by brain surgery in 2013. Following that surgery, Leeann was released to a nursing-home facility before being discharged into the care of her father. Leeann subsequently reported to a CCDHR social worker that her father had raped her. As a result, an adult-protective-services case was opened under Alabama's Adult Protective Services Act ("the APSA"), and McClellan was assigned as Leeann's caseworker. Upon the conclusion of the ensuing investigation, CCDHR removed Leeann from her father's care. Leeann was placed at a Leviticus Place, a boarding home where she remained for approximately one week. There were no concerns about Leeann's well being, but McClellan was notified Leann had left Leviticus Place and did not return. A body located in Birmingham was later identified as Leeann's; her cause of death remains "undetermined." After review, the Alabama Supreme Court determined petitioners established they were entitled to statutory immunity. They had a clear legal right to a summary judgment in their favor on that ground. The trial court was accordingly directed to vacate its order denying the petitioners' motion for a summary judgment and to enter a summary judgment in the petitioners' favor. View "Ex parte Sam Smith" on Justia Law

The Mississippi Supreme Court accepted this case on certiorari review from the Court of Appeals. Shaun Seals worked for the Pearl River Resort; he alleged he was terminated for reasons relating to a work-related injury. Donna Brolick, Pearl River Resort’s director of employment compliance, was called as a witness at the hearing before an administrative judge (AJ). Brolick testified that she was previously vice president of human resources at Pearl River Resort at the time Seals’s position was phased out and he was let go in January of 2013. Brolick further testified that in 2012 the resort changed its management. Multiple upper-level positions were eliminated or consolidated. Seals’s position as director of transportation was one of several positions that were eliminated. The Workers' Compensation Commission reversed the AJ’s order. The Commission found that Seals had reached maximum medical improvement on November 13, 2015, but failed to prove any permanent disability or loss of wage-earning capacity for two reasons. The Commission found that Seals was let go for unrelated economic reasons, noting his receipt of severance pay and other benefits as well as the testimony and evidence adduced by the Resort. Seals appealed the Commission's decision to the Court of Appeals. The appellate court held the Commission was correct in its assessment of the date of maximum medical improvement but that the Commission erred by finding Seals failed to prove any loss of wage-earning capacity. The Court of Appeals reversed and remanded the decision of the Commission and directed the Commission to calculate Seals’s loss of wage-earning capacity and to award corresponding compensation. The Resort petitioned the Supreme Court for a writ of certiorari, which was granted. The Supreme Court adopted "the well-reasoned analysis of the opinion concerning maximum medical improvement," but was "constrained to reverse the Court of Appeals’ majority regarding loss of wage-earning capacity. Sufficient evidence supported the Commission’s decision that Seals had not suffered loss of wage-earning capacity." The Commission's decision was reinstated in toto. View "Seals v. Pearl River Resort & Casino" on Justia Law

In 1996, when she was an infant, Cynthia's family moved to the "Acreage" in Palm Beach County, Florida, about 10 miles from undeveloped land that Pratt used for tests that contaminated the soil. By 1993, most of the soil at the site required removal. Cynthia’s parents allege that in 1993-2000, Pratt excavated contaminated soil that was sold as “fill” for the Acreage and that runoff from the contaminated soil leached into the Acreage’s water supply. In 2009, the Florida Department of Health found a cluster of pediatric brain cancer cases in the Acreage. In 2009, doctors diagnosed Cynthia with ependymoma brain cancer, which metastasized to her spine. Doctors detected thorium-230 in Cynthia’s spine hundreds of times higher than would normally be expected. Cynthia turned 18 in 2014 and filed suit, alleging she was unaware of the contamination until 2014. Cynthia died in 2016. Her Florida law wrongful death by negligence and trespass claims were untimely under Florida's four-year limitations period. With respect to claims under the Price-Anderson Act, 42 U.S.C. 2210(n)(2), her parents cited the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601, which tolls the statute of limitations until a plaintiff knows (or reasonably should have known) her injury was caused by a hazardous substance, or until the plaintiff reaches the age of majority.The Eleventh Circuit affirmed the dismissal of the suit CERCLA’s discovery-tolling provision applies only to actions “brought under State law.” Actions under the Price-Anderson Act borrow from the state where the incident occurred, so Florida’s four-year statute of limitations governs. View "Santiago v. Raytheon Technologies Corp." on Justia Law

In this case, the Court of Appeals chose to adopt Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as the governing standard by which trial courts admit or exclude expert testimony, thus replacing Maryland's "Frye-Reed Plus" standard.The Frye-Reed standard, born of Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and Reed v. State, 283 Md. 374 (1978), started in Maryland and continued to be the standard for determining the reliability of expert testimony after the United States Supreme Court decided Daubert. The Frye-Reed standard eventually morphed into the Frye-Reed Plus standard, which adopted several Daubert principles. For that reason, Appellant argued that this Court should adopt the Daubert standard and apply it to this case. The Supreme Court agreed and reversed this matter for pretrial proceedings and a new trial consistent with this opinion, holding (1) this Court adopts the Daubert standard in Maryland because those factors are persuasive in interpreting Maryland Rule 5-702; and (2) this case is remanded for the circuit court to apply this new evidentiary standard. View "Rochkind v. Stevenson" on Justia Law