Justia Injury Law Opinion Summaries

Air Force Staff Sergeant Cameron Beck was killed in a collision with a car driven by Blanca Mitchell, a civilian government employee, on Whiteman Air Force Base. Beck was on active duty and driving home for lunch when the accident occurred. Mitchell pleaded guilty to careless and imprudent driving. Beck’s wife and son received benefits from the Department of Veterans Affairs and the Department of Defense. They filed a wrongful death claim, which the Air Force denied, but allowed them to pursue the claim in federal court under the Federal Tort Claims Act (FTCA).The United States District Court for the Western District of Missouri dismissed the case for lack of subject matter jurisdiction, citing the Feres doctrine, which grants the government immunity for injuries arising out of activities incident to military service. The court concluded that Beck’s death was incident to his service because he was on active duty and on-base at the time of the accident. The court also denied the plaintiffs' requests for additional discovery and to file supplemental suggestions.The United States Court of Appeals for the Eighth Circuit reviewed the case de novo and affirmed the district court’s decision. The appellate court agreed that the Feres doctrine applied, as Beck was on active duty, on-base, and subject to recall at the time of the accident. The court also found that the district court did not abuse its discretion in denying additional discovery, as the facts necessary to resolve the jurisdictional inquiry were undisputed and the additional facts sought were not material to the determination of whether Feres applied. The judgment of the district court was affirmed. View "Beck v. United States" on Justia Law

While incarcerated at Woodborne Correctional Facility, Antonio Mallet sought medical care for urinary obstruction and painful urination, symptoms indicative of prostate cancer. Despite a cystoscopy revealing concerning results, prison doctors did not conduct further tests for prostate cancer, instead prescribing medication for a benign enlarged prostate. Mallet was released on parole in January 2019 and was diagnosed with late-stage prostate cancer in May 2021. He filed a lawsuit on February 25, 2022, against the State of New York, the New York State Department of Corrections and Community Supervision (DOCCS), its acting commissioner, and three medical providers, alleging deliberate indifference to his medical needs and other constitutional violations, as well as state law claims for malpractice and negligence.The United States District Court for the Southern District of New York dismissed Mallet’s constitutional claims as untimely, reasoning that the claims accrued by the time he was released from custody in January 2019, thus falling outside the three-year statute of limitations for Section 1983 claims in New York. The court declined to exercise supplemental jurisdiction over the state law claims.The United States Court of Appeals for the Second Circuit found it plausible that Mallet’s deliberate indifference claim had not accrued by February 25, 2019, making his complaint potentially timely. The court reversed the district court’s dismissal of the deliberate indifference claims against Dr. Makram and Dr. Stellato, finding them plausible, but affirmed the dismissal of the claim against Professor Ritaccio and the constitutional claims against New York State, DOCCS, and Annucci due to sovereign immunity. The court vacated the dismissal of the remaining constitutional claims and state law claims, remanding the case for further proceedings. View "Mallet v. New York State Department of Corrections and Community Supervision" on Justia Law

Matthew Gee, a former University of Southern California (USC) football player, died in 2018 at age 49. The coroner attributed his death to the combined toxic effects of alcohol and cocaine, along with other health issues. His widow, Alana Gee, donated his brain to Boston University’s CTE Center, where it was determined he had Stage II Chronic Traumatic Encephalopathy (CTE). Alana Gee filed a wrongful death lawsuit against the National Collegiate Athletic Association (NCAA), alleging that CTE was a substantial factor in her husband's death and that the NCAA negligently failed to take reasonable steps to reduce his risk of contracting CTE.The Superior Court of Los Angeles County ruled in favor of the NCAA, finding that the assumption of risk doctrine applied. The jury concluded that the NCAA did not unreasonably increase the risks to Matthew Gee over and above those inherent in college football, nor did it unreasonably fail to take measures that would have minimized the risks without altering the essential nature of the sport. Alana Gee appealed the judgment, arguing that the trial court erred in applying the assumption of risk doctrine and in refusing her proposed jury instruction on the liability of an unincorporated association for the acts of its members.The Court of Appeal of the State of California, Second Appellate District, affirmed the lower court's judgment. The court held that the assumption of risk doctrine applied because repeated head hits are an inherent risk of college football. The court also found that any instructional error regarding the NCAA’s responsibility for the actions or inactions of its members was harmless. The court concluded that the NCAA did not have a duty to mitigate the inherent risks of the sport and that the failure to take additional safety measures did not increase those inherent risks. View "Gee v. National Collegiate Athletic Assocation" on Justia Law

Mark Stokes was severely injured in the parking lot of Levi’s Stadium after a San Francisco 49ers game on October 7, 2018, when he was punched twice by David Gonzales following an altercation involving a kicked bottle. Stokes sustained a brain injury and later died in March 2021. Gonzales pleaded no contest to assault and was sentenced to one year in county jail. Stokes and his wife initially filed a complaint against Forty Niners Stadium Management Co., LLC, and Landmark Event Staffing Services, Inc., alleging negligence, premises liability, and loss of consortium. After Stokes’s death, his wife, on behalf of their children, continued the lawsuit.The trial court granted summary judgment in favor of both defendants, concluding that there were no triable issues of fact regarding the breach of duty or causation. The court found that the plaintiffs could not establish that the defendants’ actions or inactions were a substantial factor in causing Stokes’s injuries.On appeal, the California Court of Appeal, Sixth Appellate District, affirmed the trial court’s decision. The appellate court held that the plaintiffs failed to present substantial, nonspeculative evidence that the defendants’ alleged negligence was a substantial factor in causing Stokes’s injuries. The court emphasized that the incident occurred suddenly and quickly, making it speculative to assert that increased security measures would have prevented the assault. The court also found that the expert opinions provided by the plaintiffs were speculative and did not establish a causal connection between the defendants’ actions and the injury. Thus, the judgments in favor of the defendants were affirmed. View "Stokes v. Forty Niners Stadium Management Co., LLC" on Justia Law

Adam P. Harrington was injured on February 15, 2018, while using a swing rope to transfer from an offshore gas platform to a transport vessel. Harrington, employed by Skelton's Fire Equipment, Inc., was inspecting fire-suppression equipment on Exxon's platform. Due to rough seas, Harrington mistimed his swing and fractured his leg. His medical expenses were covered by Skelton's workers' compensation insurer.Harrington sued Exxon for maritime negligence and wantonness in the Mobile Circuit Court. Before trial, the court granted Harrington's motion to exclude evidence of his medical expenses being paid by the workers' compensation insurer. The jury found Exxon liable for $1,500,000 in damages, reduced by 10% for Harrington's fault, resulting in a $1,350,000 judgment. Exxon's postjudgment motion for a new trial, arguing the exclusion of evidence was erroneous, was denied.The Supreme Court of Alabama reviewed the case. Exxon argued that the trial court erred by excluding evidence of the workers' compensation payments, citing Alabama Code § 12-21-45. However, the court held that substantive maritime law, which includes the collateral-source rule, applied. This rule prevents the reduction of damages by amounts received from third parties, such as insurance. The court found that applying § 12-21-45 would conflict with maritime law.Exxon also claimed that Harrington's expert witness opened the door to admitting evidence of the workers' compensation payments. The court disagreed, stating that the expert's testimony did not justify introducing such evidence under the doctrine of curative admissibility.The Supreme Court of Alabama affirmed the trial court's judgment in favor of Harrington and dismissed Harrington's conditional cross-appeal as moot. View "Exxon Mobil Corporation v. Harrington" on Justia Law

Betty Callens, an 81-year-old woman, underwent left-hip-replacement surgery on September 23, 2019, at Grandview Medical Center. After her discharge on September 27, 2019, she was transferred to Brookdale Skilled Nursing Facility for rehabilitation. Callens alleged that she received poor nursing care at Brookdale, leading to a fall on October 3, 2019, which resulted in another fracture of her left hip and a fractured left femur. She was readmitted to Grandview for further surgeries and was later diagnosed with Clostridioides difficile. On October 15, 2019, Callens was transferred to St. Martin's for rehabilitation. On October 21, 2019, while being bathed by a nurse at St. Martin's, Callens alleged that the nurse applied excessive pressure to her healing hip, causing another dislocation.The Jefferson Circuit Court granted summary judgment in favor of St. Martin's, concluding that Callens failed to provide medical-expert testimony to establish a breach of the standard of care or causation of her injuries. Callens's motion to strike the affidavit of St. Martin's expert, Michael Britton, R.N., was denied. The court found that Britton was qualified as a similarly situated health-care provider.The Supreme Court of Alabama reviewed the case and affirmed the lower court's decision. The court held that Callens's case did not fall under the "layman" exception, which allows for the absence of expert testimony in cases where the lack of skill is apparent to a layperson. The court determined that the care provided to Callens involved complex medical procedures beyond the understanding of an average layperson, thus requiring expert testimony. The court also upheld the qualification of Britton as a similarly situated health-care provider, noting that he had provided hands-on care in the relevant field during the year preceding Callens's injuries. Consequently, the summary judgment in favor of St. Martin's was affirmed. View "Callens v. Episcopal Foundation of Jefferson County" on Justia Law

In late 2019, a hospital sent letters to over a thousand patients, including Linda Gierek, informing them of potential exposure to infectious diseases due to a technician's failure to fully sterilize surgical instruments. Gierek filed a class-action complaint against the hospital, asserting claims of negligent infliction of emotional distress, negligence, and medical malpractice. She sought class certification for similarly situated patients and their spouses. The trial court consolidated Gierek’s action with a similar class-action claim filed by Cheyanne Bennett.The Indiana Patient’s Compensation Fund intervened, arguing that the claims sounded in ordinary negligence and thus the Medical Malpractice Act (MMA) did not apply. The hospital argued the opposite. The trial court ruled in favor of the hospital, stating the MMA applied, and denied the motion for class certification, citing lack of subject-matter jurisdiction while a proposed complaint was pending before a medical-review panel. On appeal, the Court of Appeals affirmed the MMA’s applicability but reversed the trial court’s decision on class certification jurisdiction.The Indiana Supreme Court reviewed the case and held that the MMA covers all claims for medical malpractice, not limited to bodily injury or death. The court also held that class certification is a proper preliminary determination under the MMA. The court affirmed in part, reversed in part, and remanded the case for the trial court to consider the plaintiffs’ motion for class certification. View "Gierek v. Anonymous 1" on Justia Law

Nicholas Hull sued North Lincoln Hospital District and several medical professionals for negligence in the death of his newborn son, Eli Hull. Canessa Hull, Nicholas's wife, went into labor on August 9, 2021, and was admitted to Star Valley Health. Due to complications during labor, Eli was born with a double-knotted nuchal cord and did not survive. The Hulls were initially informed by the attending doctors that the nuchal cord was the sole cause of Eli's death. However, in April 2023, Dr. Burk, an anesthesiologist, revealed that Eli's death was preventable and due to the failure to follow safety protocols during labor.The District Court of Lincoln County dismissed Mr. Hull’s complaint, ruling that his notice of governmental claim was untimely. The court found that the two-year period for filing the notice expired in September 2023, and Mr. Hull’s notice, submitted in July 2023, was defective. Mr. Hull argued that the period should be equitably extended due to the defendants' fraudulent concealment of the true cause of Eli’s death.The Supreme Court of Wyoming reviewed the case and affirmed the lower court's decision. The court held that Mr. Hull’s complaint did not adequately allege the elements required for equitable estoppel or equitable tolling. Specifically, the complaint failed to show that the delay in filing the notice was induced by the defendants' misinformation and that Mr. Hull acted on this misinformation in good faith, resulting in his failure to file a timely notice. Additionally, the complaint did not establish that the fraudulent concealment prevented Mr. Hull from complying with the statutory deadline, as he had over four months remaining to file a proper notice after discovering the concealment. Therefore, the court concluded that neither equitable estoppel nor equitable tolling applied, and the dismissal of the complaint was affirmed. View "Hull v. North Lincoln Hospital District" on Justia Law

Sentinel Energy Center, LLC owns a power plant in North Palm Springs and hired DGC Operations, LLC (OPS) to manage and operate the plant. In 2017, during annual maintenance, five OPS employees failed to follow the new depressurization protocol for the fuel filter skid, leading to an explosion that killed Daniel Collins. Collins's family sued Diamond Generating Corporation (DGC), which has a 50% indirect ownership in Sentinel and is the parent company of OPS, claiming DGC's negligence in safety oversight led to Collins's death.The Superior Court of Riverside County denied DGC's request to instruct the jury on the Privette doctrine, which generally shields a hirer from liability for injuries to an independent contractor's employees. The jury found DGC 97% at fault and awarded the plaintiffs over $150 million. DGC's motions for nonsuit and judgment notwithstanding the verdict, based on the Privette doctrine, were also denied.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court declined to grant judgment notwithstanding the verdict to DGC, citing unresolved factual questions about whether DGC retained control over the plant and negligently exercised that control. However, the court found that the trial court erred in not instructing the jury on the Privette doctrine and its exceptions, which could have led to a more favorable outcome for DGC. Consequently, the appellate court reversed the judgment and remanded the case for a new trial with instructions to include the Privette doctrine and its exceptions. View "Collins v. Diamond Generating Corp." on Justia Law

A woman sued her father, alleging childhood sexual abuse, and supported her claims with expert testimony on the accuracy of "recovered" memories. The abuse allegedly began when she was three years old and stopped in 1992. By 1995, she no longer recalled the abuse but began to develop confusing memories eighteen years later. These memories eventually led to her filing a lawsuit against her father for human trafficking, sexual abuse, assault, emotional distress, false imprisonment, and incest under federal and state law. She claimed her lawsuit was timely because she had repressed the memories of the abuse.In the United States District Court for the District of Delaware, the court allowed Dr. James Hopper to testify as an expert on repressed and recovered memories, despite objections from the defendant, Ronald A. Cohen. The court aimed to balance the testimony of Dr. Hopper with that of Dr. Deryn Strange, who testified that there is no scientific support for the theory that trauma victims can repress and later recover memories with clarity. The jury returned a mixed verdict, finding for the plaintiff on five state law counts and awarding her $1.5 million in damages.The United States Court of Appeals for the Third Circuit reviewed the case and found that the District Court abused its discretion by failing to properly analyze Dr. Hopper's qualifications and the reliability and fit of his testimony. The appellate court concluded that Dr. Hopper's testimony lacked the necessary scientific support and relevance to the case. The court determined that the admission of this testimony was prejudicial and affected the jury's verdict. Consequently, the Third Circuit vacated the judgment and remanded the case for a new trial. View "Cohen v. Cohen" on Justia Law