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…
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.…
When someone joins a gym or engages in any type of pay-to-play activity, such as bungee jumping, skiing, or river rafting, the company providing the service will often request that the person sign a liability release waiver before participating in the activity. These waivers most often contain fine print and…
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…
Businesses and organizations have a legal responsibility to maintain safe premises for members of the public who have been explicitly or implicitly invited onto the premises while they are engaging in business or the location is otherwise open to the public. Under Virginia law, a person who enters a business while…
Whenever anyone gets behind the wheel of a car, the potential for harm is always present. Whether it be another driver’s mistake, a pedestrian who crosses at an unmarked intersection, or a truck driver who was not paying attention to the road ahead of them, the bottom line is that driving can…
Earlier last month, a State Supreme Court issued an opinion reversing the lower court’s dismissal of a plaintiff’s claim, based on the fact that the plaintiff failed to comply with the procedural requirements of a medical malpractice claim under the state’s laws. In the case, Galvan v. Memorial Hermann Hospital…