When an employee is injured while on the job, the most common remedy is workers’ compensation. In fact, in most cases of Virginia workplace injuries, workers’ compensation will be the sole means by which the injured employee can recover compensation. This can, and often does, act to limit a negligent employer’s…
The Arkansas Supreme Court recently issued a ruling that struck down a state statute restricting the admissibility of seat-belt non-use evidence in an auto accident lawsuit, finding the rule was unconstitutional under the Arkansas constitution. The Arkansas ruling is demonstrative of recent changes in several states, where courts are moving…
Earlier this month, a Maryland Court of Appeals issued an opinion in a case brought by a woman who claimed that she was exposed to lead in dangerous amounts as a child when she lived in a property owned by the defendant. In the case, Rowhomes, Inc. v. Smith, the…
The Nevada Supreme Court recently reversed a lower court’s ruling that awarded a personal injury plaintiff nearly $4.5 million for an auto accident claim. The initial ruling, which was entered by default against the defendant as a sanction for violating several pretrial orders against presenting a low-impact accident defense, will be…
Earlier this month, the Supreme Court of Appeals of West Virginia handed down an opinion in a case that was based on a truck accident caused by another driver’s dangerous and aggressive driving. In the case Phillips v. Stear, the appellate court reversed a jury’s verdict that the plaintiff failed…
Juries are one of, if not the single most, unpredictable variable in any personal injury case. While a skilled attorney will do everything they can to ensure that their client is left with a fair jury, there is no way to read the minds of potential jurors and foresee how…
Many serious auto accidents involve a truck driver or another motorist who is working as a paid driver when the accident occurs. These commercial drivers are held to a high standard when driving, and they are assumed to have the training necessary to be able to safely operate their vehicles…
The Supreme Court of California recently released a ruling that affirmed a verdict for the defendant in a lawsuit filed against a vehicle manufacturer that had not included electronic traction control on a standard model truck that was being driven by the plaintiff when he was involved in a crash.…
Earlier this month, an appellate court affirmed a lower court’s denial of a request for punitive damages and actually sanctioned the plaintiffs for pushing for the damages despite no good-faith reason for doing so. The case illustrates that, while punitive damages may be appropriate in some cases, it is not…
Earlier this month, a state supreme court decided a case that required the court to examine the two types of awards that are available in personal injury cases and determine if the two were consistent. In the case, Bryant v. Rimrodt, the court ultimately determined that the jury’s determination that…