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…
The Supreme Court of Appeals of West Virginia recently released an opinion overruling a lower court’s decision granting a rear-end accident plaintiff a new trial on the issue of a knee injury that he had allegedly suffered as a result of the defendant’s negligence. The plaintiff had been awarded a…
The Supreme Court of Iowa recently released a decision to vacate a jury verdict in favor of the plaintiff in a premises liability case filed by a woman who fell on a patch of ice on the defendant’s property. The appellate court found that the district court improperly instructed the jury…
A West Virginia court recently released an opinion in which it reversed a jury verdict that had awarded the plaintiff nearly $70,000 in medical expenses and lost wages for injuries he suffered because of the alleged negligence of the defendant. Since the high court reversed the lower court’s decision not to award a…
The Supreme Court of the State of Delaware recently affirmed a lower court’s decision that allowed a school bus passenger to make a claim against the insurance covering the school bus after the plaintiff was hit by another vehicle while crossing the street to board the bus. The lower court ruling…
Earlier this month, the Nebraska Supreme Court issued a written opinion in a premises liability case that highlights the importance of one of the key elements in almost every personal injury case. In the case, Pittman v. Rivera, the plaintiff was injured when he was struck by a car driven…
Earlier this month, the United States Court of Appeals for the First Circuit issued an opinion affirming a product liability plaintiff’s jury verdict in the amount of $1,200,000. In the case, Quilez-Velar v. Ox Bodies, Inc., the court determined that the lower court properly admitted the plaintiff’s expert witness testimony…
Earlier last month, a Maine appellate court issued a written opinion affirming the dismissal of a plaintiff’s case after it was established that the plaintiff did not comply with the notice requirement contained in a relevant statute. In the case, Deschenes v. City of Sanford, the plaintiff provided oral but…
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…
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…