Year in review

The following is a roundup of significant cases and trends reported in the Law Reporter, the Products Liability Law Reporter (PLLR), and the Professional Negligence Law Reporter (PNLR) in 1998. An asterisk indicates case documents are available through the Court Documents section at p. 403.

Admiralty

Several favorable decisions removed obstacles to injured workers seeking compensation. In *Lenane v. Continental Maritime of San Diego, Inc., 72 Cal. Rptr. 2d 121 (Ct. App. 1998), 41 ATLA L. Rep. 164 (June 1998), the court held the exclusive remedy provision of the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C.

901 et seq., does not bar a tort action under the California Workers' Compensation Act, CAL. LABOR CODE 3200 et seq.

And a Washington appellate court refused to enforce a collective bargaining agreement's provision limiting a seaman to a set maintenance rate, without the chance to seek higher maintenance based on actual expenses. *Lundborg v. Keystone Shipping Co., 950 P.2d 1014 (Wash. Ct. App. 1998), 41 ATLA L. Rep. 124 (May 1998).

A number of verdicts and settlements involved workers' slips and falls. Other cases involved liability for workers' exposure to ( 1 ) carbon monoxide, *Taibl v. Juno Marine Agency, Inc., 41 ATLA L. Rep. 244 (Sept. 1998); (2) hydrogen sulfide gas, Broussard v. ABC Ins. Co., 41 ATLA L. Rep. 84 (Apr. 1998); and (3) sulfuric acid, Clark v. Shell Oil Co., 41 ATLA L. Rep. 124 (May 1998). In *Langseth v. American Seafoods, 41 ATLA L. Rep. 4 (Feb. 1998), a crew member recovered damages for her employer's failure to properly investigate reports of sexual harassment.

Finally, cruise ship passengers recovered for (1 ) negligent food handling resulting in dysentery, Hadley v. Royal Caribbean Cruises, Ltd., 41 ATLA L. Rep. 4 (Feb. 1998), and (2) failure to provide adequate handicap accommodations, *Ziegler v. Prince of Fundy Cruises, Ltd., 41 ATLA L. Rep. 5 (Feb. 1998).

Attorneys

Client rights were the subject of several notable decisions. In Phillips v. Washington Legal Found., 118 S. Ct. 1925 (1998), 41 ATLA L. Rep. 205 (Aug. 1998), the U.S. Supreme Court held interest earned on client funds held in Texas's Interest on Lawyers Trust Accounts program is the client's private property.

The Court also held the attorneyclient privilege survives a client's death even where the information sought is relevant to a criminal proceeding. Swidler ef Berlin v. United States, 118 S. Ct. 2081 (1998), 41 ATLA L. Rep. 205 (Aug. 1998).

Several circuit courts addressed the rights of attorneys and prospective attorneys. In Florida Bd. of Bar Exam'rs re: S.G., 707 So. 2d 323 (Fla. 1998), 41 ATLA L. Rep. 165 (June 1998), the Supreme Court of Florida held that the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., did not require the state board of bar examiners to grant an applicant's request for an accommodation in the scoring of the exam. (But see *Bartlett v. New York State Bd. of Law Exam'rs, 970 F. Supp. 1094 (S.D.N.Y. 1997), 40 ATLA L. Rep. 285 (Oct. 1997), aff'd in part, vacated in part, and remanded, 156 F.2d 321 (2d Cir.1998), 41 ATLA L. Rep. 355 (Nov. 1998), holding a bar candidate was entitled to reasonable accommodations in taking the bar exam. )

Finally, the Eleventh Circuit held a Georgia law requiring lawyers who advertise on television to warn about the consequences of filing fraudulent claims was unconstitutional. Tillman v. Miller, 133 F.3d 1402 (llth Cir. 1998), 41 ATLA L. Rep. 125 (May 1998).

Automobile Accidents

Verdicts and settlements covered a broad range of facts, but there were some common themes. Intersection collisions were common, and many cases involved intoxicated motorists. Some of these included dram shop actions against bars for serving alcohol to visibly intoxicated patrons. (See, for example, Bolden v. O'Connor Cafe of Worcester, Inc., 41 ATLA L. Rep. 47 (Mar. 1998).)

Another frequent theme involved collisions with tractor-trailers. Allegations included (1) driving for too many hours and failing to properly secure cargo, Bryan v. Johnson, 41 ATLA L. Rep. 47 (Mar.1998); (2) falsification of log sheets, Doe v. Roe, 41 ATLA L. Rep. 327 (Nov. 1998); (3) failing to equip a trailer with adequate lighting or side reflectors, Berner v. DeYoung, 41 ATLA L. Rep. 247 (Sept. 1998); (4) negligent entrustment to an unlicensed driver, Garman v. A.I.P Trucking, 41 ATLA L. Rep. 247 (Sept. 1998); and (5) failure to properly inspect a tractor-trailer, Poe v. Doug Hodgson Trucking, Inc., 41 ATLA L. Rep. 166 (June 1998).

Insurance issues predominated in the appellate courts, and plaintiffs saw some favorable decisions. For example, in *Marquis v. State Farm Fire and Cas. Co., 961 P.2d 1213 (Kan. 1998), 41 ATLA L. Rep. 288 (Oct. 1998), the Kansas Supreme Court held a company's insurance policy covered claims for negligent hiring, retention, and supervision even though the policy excluded coverage for bodily injury arising out of the use or entrustment of the insured's car.