Law Reporter

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Articles in May 2001 issue of Law Reporter

• Woman falls while stepping off curb: Dangerous condition od curb, gutter: Fractured tibia, fibula: Settlement
• Court may consider spouse's premarital contributions to other spouse's education when determining alimony
• Fisherman trainee's hand crushed: Ship not properly manned: Multiple finger amputations: Settlement
• Company copies product: Counterfeiting: Patent infringement: Lost window of opportunity: Verdict: Punitive damages
• Utility truct collides with car: Negligence in pulling from posted stop sign: Head injuries: Postverdict settlement
• Statements in pesticide advertisement created express warranty
• Firm refuses to pay referral fee: Fraud: Loss of referral fees: Verdict
• Threat to disclose individual's sexual orientation violated constitutional right to privacy
• Professional negligence
• "Open range" doctrine does not prevent lawsuit against owners of bull that wandered onto highway ad caused accident
• Student sexually harassed by teacher: Hostile sexual environment: Failure to protect female students: Emotional distress: Settlement
• Warsaw Convention does not bar state tort action for settlements made after passenger left plane
• Claims of negligent placement of ladder and failure to tie down ladder require separate jury instructions
• City employees whose jobs were eliminated after budget cuts may sue city under (sec) 1983
• Railroad car shifts onto employee's hands: FELA liability: Failure to provide metal blocking, safe tools: Crush injuries: Verdict
• Vehicle strikes tree after losing control: Road rage: Respondeat superior liability: Brain injury: Cognitive deficits: Postverdict settlement
• Cruise ship cleaner's wrist crushed by watertight door: Vicarious liability for medical negligence: Hand amputation: Settlement
• Worker faints while dismantling scaffold: Failure to require fall protection: Wrongful death: Settlement: Postverdict settlement
• Hotel guest falls in bathtub: Failure to secure grab bar: Herniated disks: Verdict
• Van and truck collide at intersection: Failure to stop: Improper lookout: Hip, ankle fractures: Knee injuries: Settlement
• Refinery workers injured in chemical explosion: Inadequate inspection: Burns: Verdict
• Plaintiff can amend damages amount in complaint where no legal certainty exists the plaintiff cannot revcover that amount
• Warranty disclaimers in used car sales contract violated Magnuson-Moss
• Claim-preclusive effect of dismissal in federal diversity action determined by rule of state where federal court is located
• Company uses models' images without consent: Knowing, intentional use of images: Lost value of services: Verdict: Punitive damages
• Plaintiff can only recover amount actually paid by insurer for medical expenses
• Oil Pollution Act precludes award for punitive damages
• Health plan can recover two-thirds reimbursement from plaintiff where one-third of award went to attorney
• Products liability
• Spotlight: Counsel secures second verdict for student injured by uncrashworthy SUV roof
  by Smith, Todd A
• Magnuson-Moss Act prohibits agreement at time of sale to enter into binding arbitration on written warranty
• Tractor-trailer collison: Excessive speed: Respondeat superior liability: Multiple fractures: Structured settlement
• Employee's hand caught between cars: Safety Appliance Act violation: Crush injuries to hand: Settlement
• Law firm that represented itself in action for attorneys fees can recover attorney fees for cost of action
• Pedestrian stuck by car: Failure to extend concrete barrier during construction work: Leg injuries: Verdict
• Statements by homocide victim admissible as state-of-mind evidence
• Executive fired for alleged mismanagement: Wrongful discharge: Breach of contract: Fraud: Verdict
• child support obligor's pursuit of bachelor's degree does not exempt him from income imputation based on previous jobs
• Shooting in city parking lot behind nightclub: Inadequate security: Paraplegia: Stipulated judgment: Structured settlement
• Medical negligence
• Insured may accept settlement offer over insurer's objection
• Two-vehicle collison: Failure to supervise convicted felon: Wrongful death: Verdict
• Immunity for flood damage depends on nature of waters causing damages, not purpose of water project
• Attorney-client privilege does not prevent attorney from disclosing name of anonymous source where source is also client
• Inheritance is not marital property
• Maryland statute of repose does not preclude action against landowner for concealment of graveyard
• Individual has actionable defamation claim for published anecdotes that are verifiably false and capable of defamatory meaning
• Worker's violation of safety rule does not disqualify him from receiving workers' compensation benefits
• Vehicle leaves roadway, rolls over: Improper lookout: Vertebrae, skull fractures: Closed head injury: Cognitive deficits: Verdict
• Standard used in Frye does not apply to expert testimony based on experience and observation of witnesses
• Child struck by vehicle while crossing street: Excessive speed: Poor reaction: Broken femur: Multiple lacerations: Verdict
• Worker sandwiched between two power jacks: Negligent authorization of untrained employee: Back injuries: Settlement
• Employer has duty to accomodate employee's disability, even if employee does not formally request accomodation
• Employee fired after complaining of sexual harassment: Retaliatory discharge: Lost wages: Emotional distress: Verdict
• Hiring party's control over manner, means by which worker completes tasks determines coverage under Title VII
• Rack falls and injures shopper in outdoor area of store: Failure to secure display: Connective tissue injuries: Brain injury: Verdict
• Student falls from window during fraternity party: Failure to provide safe environment: Broken arms: Concussion: Verdict
• Code amendment barring suit for medical monitoring cannot be applied retroactively