Earlier this month, an appellate court in California issued a written opinion in a case brought by the surviving family members of a man who was killed in an auto-pedestrian accident against the city where the accident occurred. In the case, Gonzales v. City of Atwater, the court reversed the…
Articles Posted in Government Liability
Government Immunity in Virginia Personal Injury Lawsuits
Due to its proximity to the nation’s capital, Virginia sees a higher-than-average number of lawsuits with government entities, officials, or employees being named as defendants. That being the case, it is important for personal injury plaintiffs to understand the concept of governmental immunity and how the legal doctrine can come…
Recreational Use Statute May Prevent Accident Victims from Holding Negligent Landowners Responsible
Earlier this month, a state appellate court issued a written opinion in a premises liability lawsuit brought by a man who was permanently paralyzed after he dove into a state-owned pond, breaking his neck. In the case, Roy v. State, the court ultimately dismissed the plaintiff’s claim against the government,…
Court Declines to Extend Government Liability in Fatal Motorcycle Accident Case
Generally speaking, governments and government agencies are immune from personal injury lawsuits. However, there are several very important exceptions. First, a government can always consent to be named in a lawsuit if, for example, it believes that doing so is in the best interest of the public. There are also…
Car Accident Victim’s Award Upheld after Government’s Appeal
Earlier this month, the Nebraska Supreme Court issued an opinion in a personal injury case brought against a local government, alleging that the negligence of a government employee resulted in the plaintiff’s injuries. In the case, Moreno v. City of Gering, the government admitted that its employee was at fault…
Recent Decision Distinguishes School Buses Used For Athletics from Those Used to Transport Children to and From School
The Supreme Court of the State of North Carolina recently released an interesting decision that reversed a lower state appellate court ruling that had allowed a personal injury claim based on an accident with a school bus to proceed against school administrators. The plaintiff in the case of Irving v.…
State Supreme Court Reverses Dismissal of Widow’s Wrongful Death Lawsuit Against Department of Transportation
In a decision recently released by the Supreme Court of Iowa, the dismissal of a woman’s wrongful death lawsuit against the state was reversed. The plaintiff in the case of McFadden v. Iowa Department of Transportation alleged that her husband was killed in a crash while driving his motorcycle on a…