Justia Injury Law Opinion Summaries

This case involves a medical malpractice suit against Hospital San Cristobal (HSC), Dr. Iris Vélez García, and Dr. Zacarías A. Mateo Minaya by the children of Ramona Rodríguez Rivera, who passed away while in the care of HSC. The plaintiffs alleged that their mother received negligent care at HSC during and following an abdominal surgery performed by Dr. Vélez and Dr. Mateo, leading to her death. The United States District Court for the District of Puerto Rico granted summary judgment in favor of the defendants.On appeal, the United States Court of Appeals for the First Circuit affirmed the district court's decision. The appellate court held that the district court did not err in excluding the plaintiffs' expert witness's testimony under Federal Rule of Evidence 702. The expert's report failed to identify the standard of care that HSC staff should have adhered to in their management of the patient's diabetes and how the staff deviated from that standard. Without this expert testimony, the plaintiffs could not establish a breach of the defendants' duty of care, a necessary element of a negligence claim. The appellate court also found no error in the district court's grant of summary judgment to the defendants as there was no evidence in the record that could show the defendants' negligence. View "Rivera Rodriguez v. Hospital San Cristobal" on Justia Law

In Houston, Texas, a nurse was struck and killed by a driver while crossing the public street next to the hospital where she worked. The nurse's family filed a suit against the hospital, arguing that the hospital had a duty to make the adjacent public road safer due to the layout of its exit and parking lot, which they claimed created a situation in which injury to others was foreseeable. The Supreme Court of Texas ruled that the hospital had a limited duty as a premises occupier based on its control over certain parts of the adjacent public right-of-way. However, the court found no evidence that any dangerous condition the hospital controlled in the right-of-way caused the nurse’s harm. The court rejected the lower courts' ruling that there was a case-specific duty for the hospital to make the road safer. The court reversed the judgment of the lower courts, rendering a take-nothing judgment in favor of the hospital. View "HNMC, INC. v. CHAN" on Justia Law

The case concerns the dischargeability of debts under the Bankruptcy Code. The debtor, Lee Andrew Hilgartner, physically assaulted Yasuko Yagi, resulting in two settlement agreements. When Hilgartner failed to pay the agreed amount, Yagi sued to enforce the agreement. Hilgartner filed for bankruptcy, arguing that the debts were dischargeable since they arose from a breach of the settlement agreement, not the underlying tort of assault. The United States Court of Appeals for the Fourth Circuit, however, ruled that the debts were non-dischargeable under section 523(a)(6) of the Bankruptcy Code, which excepts from discharge debts “for willful and malicious injury” to another. The court held that the debt from the settlement agreement, which arose from a willful and malicious injury, retained the character of the underlying tort. Therefore, the debt, including the principal amount owed, interest on late payments, and attorney's fees incurred in enforcing the agreement and contesting the bankruptcy proceedings, was non-dischargeable. The court reasoned that the entire settlement arose from the same willful and malicious injuries and that the settlement agreement didn't disrupt the causal chain. View "Yagi v. Hilgartner" on Justia Law

In this case, the Supreme Court of the State of Washington was asked to consider a class action suit brought by patients against MultiCare Health System, Inc., a Washington corporation that operates Good Samaritan Hospital. The suit arose after a nurse employed by MultiCare, Cora Weberg, improperly diverted injectable narcotics for her own use and infected some emergency department patients with hepatitis C. The patients claimed that MultiCare failed to meet the accepted standard of care in supervising and hiring Nurse Weberg. The trial court divided the class into two groups: those who were assigned to Nurse Weberg and those who were not. It then dismissed the claims of the second group. The trial court ruled that legal causation was not satisfied because Nurse Weberg did not directly treat these patients. The Court of Appeals affirmed this decision.However, the Supreme Court of the State of Washington reversed both courts and held that legal causation is satisfied. The court held that both classes can proceed with their chapter 7.70 RCW claims, which govern civil actions for damages for injury occurring as a result of health care. The court reasoned that the General Treatment Class's injuries arose as a result of health care, allowing their claim under chapter 7.70 RCW to proceed. The court also found that legal causation is satisfied when a hospital’s negligent supervision and hiring potentially exposes patients to a bloodborne pathogen, inducing fear and requiring blood testing. Thus, the court concluded that the General Treatment Class's claims should not have been dismissed. View "M.N. v. MultiCare Health Sys., Inc." on Justia Law

The Supreme Court of Kentucky dealt with a case regarding a patient, Ronald N. Arnsperger, Jr., who claimed he suffered injuries due to the negligent actions of a hospital staffer at Saint Elizabeth Medical Center, Inc. Arnsperger had undergone surgery for his left ankle and later claimed that his injuries were caused by an incident in which his left ankle made contact with a desk while being transported in a wheelchair by a hospital staffer. The Boone Circuit Court initially granted summary judgment in favor of the hospital, agreeing with its argument that expert medical testimony was needed to establish causation. The Court of Appeals reversed, stating that this was a simple negligence case and no expert medical testimony was required.Upon review, the Supreme Court of Kentucky reversed the decision of the Court of Appeals and reinstated the summary judgment of the trial court. The Supreme Court's decision hinged on the question of whether the injuries Arnsperger claimed to have suffered were caused by the allegedly negligent actions of the hospital staffer. Given Arnsperger's extensive medical history involving his left ankle, the Court held that the question of causation was not within the common knowledge of the jury and thus, expert medical testimony was necessary. The Court concluded that Arnsperger had failed to raise a genuine issue of material fact, and under no circumstances could his claim succeed due to the lack of expert testimony on causation. View "Saint Elizabeth Medical Center, Inc. v. Arnsperger" on Justia Law

In this personal injury case from the Court of Appeal of the State of California, Second Appellate District, the plaintiff, Mark Olson, sued the defendant, Patrick Saville, for injuries sustained while both were surfing at Miramar Beach in Montecito. Olson claimed that Saville negligently caused his injuries by "dropping in" on his wave, failing to control his board, and not using a leash on his longboard. Saville moved for summary judgment, arguing that Olson's claim was barred by the doctrine of primary assumption of risk, which typically applies to sports and recreational activities involving inherent risks of injury.The court granted Saville's motion, holding that the doctrine of primary assumption of risk barred liability for injuries caused by a negligent surfer to a fellow surfer because those injuries were caused by risks inherent in the sport of surfing. The court found that the inherent risks of surfing included surfers "dropping in" on other surfers, not wearing leashes while riding longboards, and using surfboards with sharp fins.On appeal, Olson argued that there were triable issues of material fact as to whether Saville was protected by the primary assumption of risk doctrine. The appellate court disagreed, finding that no reasonable trier of fact could determine that Saville's conduct fell outside the protection of the primary assumption of risk doctrine. The court affirmed the lower court's decision, concluding that imposing liability in these circumstances would likely chill vigorous participation in surfing. View "Olson v. Saville" on Justia Law

In the case before the United States Court of Appeals for the Fourth Circuit, plaintiff Carla J. Kappel, acting on behalf of her deceased ex-husband's estate and as mother to their minor children, sued LL Flooring, Inc., alleging that the company's Chinese-manufactured laminate flooring caused her ex-husband's death due to exposure to formaldehyde.The district court dismissed Kappel's wrongful death lawsuit, arguing that her claim was barred by a settlement agreement that had been reached in connection with two multidistrict litigation (MDL) actions related to LL Flooring's products. The court maintained that the deceased, Mr. Tarabus, was a class member subject to that settlement agreement and thus his claims, including any claims involving bodily injuries or death caused by the subject flooring, had been settled.On appeal, Kappel argued that the district court lacked subject matter jurisdiction to make the dismissal order and that the MDL settlement agreement did not bar her wrongful death lawsuit on behalf of the children. The Court of Appeals agreed with Kappel's latter argument and held that the settlement agreement failed to resolve Kappel’s wrongful death lawsuit.The Court found that the claims in Kappel's lawsuit, which concerned the bodily injuries Mr. Tarabus experienced and the alleged causal connection between the laminate flooring and his cancer diagnosis, were materially distinct from the claims in the MDL proceedings. Notably, the settlement class representatives had twice made clear that they were not pursuing personal injury claims on a class-wide basis, and at no point did any class representative ever allege or pursue a wrongful death lawsuit.Therefore, the Court vacated the lower court's dismissal of Kappel's lawsuit and remanded the case for further proceedings. View "Kappel v. LL Flooring, Inc." on Justia Law

In this case, Jeffrey L. Cruce, the former head football coach and athletic director for Berkeley High School, filed a lawsuit against the Berkeley County School District (the District) for wrongful termination and defamation. The defamation claim was based on an email circulated by an athletic trainer questioning the integrity of student athlete files maintained by Cruce. The court of appeals had ruled that Cruce was a public official for the purposes of defamation law, and thus required to prove actual malice to win his defamation claim, which the South Carolina Tort Claims Act (SCTCA) grants the District immunity from.The Supreme Court of South Carolina disagreed, stating that being a public employee and enjoying media attention does not make Cruce a public official, as he did not have any official influence or decision-making authority about serious issues of public policy or core government functions. The court also rejected the District's claim that Cruce was a public figure, stating that the controversy over Cruce's coaching tactics did not affect large segments of society and was unrelated to the defamation claim. The court ruled that Cruce was not a public official, not a public figure, and that his defamation claim was supported by evidence, reversing the decision of the court of appeals and reinstating the jury's damages award. View "Cruce v. Berkeley County School Dist" on Justia Law

In August 2018, Mary Collington was involved in a motor vehicle accident with Jesse Curney, a deputy with the Clayton County Sheriff’s Department, who was acting within the scope of his official duties at the time. Initially believing Deputy Curney was a Clayton County police officer, Collington sent notice of her claims to the Clayton County Chief of Police, the Clayton County Commissioners, and the District Attorney of Clayton County. Collington later filed a lawsuit against Clayton County, asserting that she suffered injuries caused by the negligence of Deputy Curney.Upon motion to dismiss by the defendants, the trial court dismissed Collington's claims, concluding that Collington's claims against the Sheriff should be dismissed as she had failed to present timely notice to the Sheriff's office under OCGA § 36-11-1. The Court of Appeals affirmed this decision. The Supreme Court of Georgia granted certiorari to determine whether OCGA § 36-11-1 applies to official-capacity claims against a county sheriff for the negligent use of a motor vehicle, and if so, whether presenting such a claim to the county commission satisfies the claimant's duty under the statute.The Supreme Court of Georgia held that OCGA § 36-11-1 does apply to official-capacity claims against a county sheriff for the negligent use of a covered motor vehicle. Furthermore, the court decided that because a claim against a county sheriff in his official capacity for the negligent use of a covered motor vehicle is a claim against a county under OCGA § 36-11-1, presenting the claim to the county governing authority satisfies the statute's presentment requirement. The court affirmed in part and reversed in part the judgment of the Court of Appeals, remanding the case for further proceedings consistent with this opinion. View "COLLINGTON v. CLAYTON COUNTY" on Justia Law

In this case, the plaintiff, Jordan Nissensohn, as the administrator of the Estate of Michael Nissensohn, filed a suit against University Medical Group (UMG), Dr. Alan Epstein, and Dr. Steven Sepe, alleging numerous claims including defamation, breach of contract, tortious interference with contractual relations, conversion, and violations of the Rhode Island Whistleblowers’ Protection Act (RIWPA). The Superior Court entered a judgment in favor of the defendants, granting summary judgment.The plaintiff, Dr. Michael Nissensohn, had been employed as a gastroenterologist by UMG and was supervised by Dr. Epstein. The plaintiff had a series of disagreements and conflicts with Dr. Epstein over teaching responsibilities and alleged discrepancies in teaching compensation. The plaintiff also claimed that Dr. Epstein had disclosed his mental health information to another staff member, and had spread a rumor about his mental health. Additionally, the plaintiff claimed that Dr. Epstein interfered with his prospective business relations with patients and his contract, and converted his personal laptop.The Supreme Court of Rhode Island affirmed the judgment of the Superior Court. The court held that the plaintiff did not demonstrate that he engaged in protected conduct under the RIWPA because he did not report actual violations of the law. The court also ruled that the plaintiff's defamation claim abated upon his death and therefore did not survive. Regarding the breach of contract claim, the court found that the plaintiff failed to provide evidence of a breach of the written agreement. The court further held that the plaintiff failed to show that Dr. Epstein intended to harm his contract, which was an essential element of his claim for tortious interference. Lastly, the court found that the plaintiff failed to provide any non-hearsay evidence to prove his demand and refusal, thus failing to establish his claim for conversion. View "Nissensohn v. CharterCARE Home Health Services" on Justia Law