Law Reporter

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Articles in May 2002 issue of Law Reporter

• Manhole cover splits under bus: Failure to discover dangerous condition: Dislocated shoulder: Meniscus tear: Verdict
• Qualified immunity not available to police officers who repeatedly used pepper spray on nonviolent protesters
• City worker fired after refusing to change testimony in suit against city: Retaliation: Emotional distress: Postverdict settlment
• Evidence of specific levels of exposure to asbestos not necessary to prove causation
• Worker who violated safety rule is entitled to workers' comp benefits where employer did not explain rule
• Title VII applies where employee is harassed based on coworkers' gender stereotypes
• Employee forced to jump off equipment: Negligence in conducting rigging operation in inclement weather: Herniated disk: Settlement
• Aircraft fail to meet contract specifications: Breach of contract: Fraud: Completion costs: Verdict: Punitive damages
• Tractor-trailer collides with vehicle: Negligent entrustment: Inadequate road markings: Closed head injury: Fractures: Settlement
• State not immune from suit for negligence of military pilot
• Two-vehicle collision: Failure to install median barrier: Multiple fractures: Settlement
• Substitute service of process at private post office box is permissible
• Varying definition of "accident" in report on truck driver's employment history may have violated Fair Credit Reporting Act
• Release of liability in skier's season pass may not bar lawsuit concerning injury suffered while using one-day ticket
• Court can be sued under ADA for failing to provide hearing assistance to hearing-inpaired individual involved in custody suit
• African American man detained based on racial profiling: Discrimination: Emotional distress: Verdict
• Worker falls off roof: Failure to insure employee: Leg fracture: Shoulder, back injuries: Loss of consortium: Settlement
• Evidence of sexual harassment victim's sexual practices and thoughts is inadmissible
• Truck collides with van: Driving while fatigued: Wrongful death: Brain injury: Multiple fractures: Settlements
• Medical negligence
• Professional negligence
• Products liability
• Manufacturer's knowledge of product defect justifies punitive damages award
• Restaurant patron slips and falls: Failure to place warning sign on freshly mopped floor: Knee injuries: Verdict
• Chemical discharge: Failure to follow cleanup plan: Clean Water Act violations: Decreased property values: Structured settlement
• State that charged admission fee to park is not protected from liability by recreational use statute
• School district not liable to student injured during physical education class
• Two-vehicle collision: Unreasonable sight obstruction: Spinal separation: Aortic aneurysm: Settlement: Verdict
• Worker steps on nail: Failure to dispose of exposed nails: Osteomyelitis: Verdict
• Settlement proceeds from antitrust class action not subject to local tax
• Landlord may be liable for failing to install window screen after promising to do so
• Fingerprint evidence is admissible under Daubert standard
• Participant in financial conspiracy not entitled to setoff based on settlement
• FMLA validly abrogates the states' Eleventh Amendment immunity
• Company copies lamp design without permission: Patent infringement: Lost royalties: Postverdict settlement
• Explosion at construction site: Failure to obtain electrical meter before attempting to connect to power: Burns: Skin graft: Settlement
• Insurer's payment of excess verdict does not bar insured's bad faith claim
• Party seeking stay under federal civil procedure rules must first file appropriate motion, despite state rule allowing for automatic stay
• Company loses development opportunities: Conspiracy to defraud: Breach of fiduciary duties: Verdict
• Dealership fails to disclose prior damage to car marked as new: Fraud: Verdict: Punitive damages
• Pedestrian struck by bus: Failure to keep proper lookout: Brain injury: Speech, memory problems: Settlement
• Policy's pollution exclusion does not bar coverage for claims arising from residential lead paint poisoning
• Rear-end collision: Failure to control vehicle: Respondeat superior liability: Paraplegia: Structured settlement
• Fee dispute between clients is not governed by state professional conduct rules, which only address attorney-client disputes
• Vehicle crosses lane on exit ramp: Insurer denies coverage: Ankle fractures: Verdict
• State law tort claim by passenger injured by falling carry-on luggage not preempted by federal law
• Boy drowns in pond: Placement of playground equipment near water: Attractive nuisance: Wrongful death: Verdict
• Divorce, property settlement agreement did not revoke will created during marriage
• Spotlight: Counsel helps client prevail in bad faith case against disability insurer
  by Levy, Stephanie
• Business owner burns competitor's truck: Intentional infliction of emotional distress: Lost profits: Verdict: Punitive damages
• Cruise ship owner may have higher duty of care than landowner, depending on type of danger involved
• Intentional acts exclusion does not apply to self-defense
• Salon employee spills hot water on customer: Failure to keep water contained: Failure to train: Burns: Postverdict settlement
• Jury's exoneration of individual police officers in section 1983 suit does not preclude liability of municipality
• Company makes prototypes without inventors' permission: Misappropriation of trade secrets: Lost profits and opportunity: Verdict