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…
As a general rule, the plaintiff in a personal injury lawsuit has their choice when it comes to the forum that hears the case. One of the choices the plaintiff must make is whether to file the lawsuit in state or federal court. There are many considerations that go into…
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…
Punitive damages are awards paid to a plaintiff exclusively for the purpose of punishing a defendant above and beyond paying for the financial costs and other harms suffered by the plaintiff. These damages are often awarded to prevent the specific defendant, or others who may be in a similar or…
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.…
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…