Monthly Archives: September 2018

Estate Recovers Nothing for Mistaken Brain Surgery

The case of a woman who died after undergoing mistaken brain surgery involves apparent errors by her doctors and her lawyers, according to a Michigan Supreme Court justice who agreed with a decision to overturn the $20 million award. Because the lawyers pursued a negligence cause of action barred by collateral estoppel, the estate of […]

New Law Defines Negligence in Workers’ Compensation Cases

Personal injury cases often turn on whether one party was negligent. However, at law, negligence can have several different meanings. In some personal injury cases, the specific issue in the case comes down to whether the defendant was “grossly negligent,” or merely just “negligent.” One such situation is presented in a recent Florida court of […]

Father Lost Infant Son to Drunk Driver Change Could Save Countless Lives

Marcus Kowal, a former mixed martial arts fighter, is co-founder of the Liam’s Life Foundation. Sept. 12 marks two years since the funeral of my 15-month-old son, Liam. He had been in a stroller, being pushed through a pedestrian crosswalk in suburban Los Angeles by my sister-in-law, who was 15 years old at the time. She […]

Ride Sharing vs. Traditional Taxis: How do Injury Insurance Claims Compare?

Ridesharing companies like Lyft and Uber are aggressively expanding to new marketsthroughout the United States. These companies are directly competing with traditional taxi companies. The taxi companies, however, are fighting back with a strong public relations campaign painting the ride-sharing companies as a danger to the community as a whole, and the passenger in particular. Incredibly, […]

Law Firm Can’t Toss Woman’s $25M Fraud Suit

A Manhattan federal judge refused Friday to toss a $25 million fraud suit targeting Weitz & Luxenberg brought by a woman who says the plaintiffs firm took on her 20-year-old breast implant injury case against Bristol-Myers Squibb but allowed it to be dismissed without telling her. U.S. District Judge Alvin K. Hellerstein set up a briefing schedule that would […]

Two more crashes, four more deaths. Why are churches still using unsafe vans?

Decades of government advisories weren’t enough to save four people from being thrown from a 15-passenger church van that flipped on a Missouri highway this month. Three teenagers died. They were among eleven teens and two adults from Faith Chapel Assembly of God near Kansas City traveling to Arkansas when they crashed in southwestern Missouri. The driver and all other passengers were […]

More U.S. Kids Dying From Injuries

Murder, suicide, car crashes, and addiction have all contributed to a spike in deaths among U.S. children and teens in recent years, a government study suggests. The death rate for youth aged 10 to 19 rose 12 percent between 2013 and 2016, eroding a previous decline stretching back to 1999, according to the study from […]

Is the Legal Doctrine of ‘Res Ipsa Loquitur’ Losing Its Voice?

The Anglo-American legal doctrine of res ipsa loquitur (the thing speaks for itself) began with an 1863 English case when a pedestrian was struck by a barrel of flour falling while being lowered from the upper floors of a warehouse that was entirely occupied by the defendant. The plaintiff could not present evidence of precisely […]

Could Social Media Impact Your Personal Injury Claim?

The use of social media is becoming more and more common. In fact, as of January 2014, 74 percent of adults who used the internet also used social media sites, a Pew Research Center report found. (Since that time, it is estimated that that number has grown.) As social media provides a forum for individuals to share […]