Law Reporter

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Articles in Apr 2003 issue of Law Reporter

• Snowboard jump: Ramp angle at takeoff too steep: Dangerously configured landing area: Paraplegia: Verdict
• Teen drowns in hotel pool: Negligent safety procedures: Wrongful death: Verdict: Punitive damages
• Insurer must adhere to Fair Debt Collection Practices Act when pursuing subrogation claim
• "No-fault" rule does not bar court's consideration of husband's assault on wife in determination of asset distribution
• Flight attendant terminated after using travel benefits: Age discrimination: Mental suffering: Lost wages: Verdict
• Auto transmission rattle caused by fuel economy design is defect covered by warranty
• City can be sued for negligence in failing to protect teen from sexual exploitation by police officer
• Terminated employee may sue in tort for wrongful discharge in addition to action for breach of contract
• Disability benefits not excluded under collateral source rule
• Bus crosses centerline, collides with car: Inattentive driving: Negligent maintenance: Wrongful death: Settlement: Verdict
• Collection agent must discontinue lawsuit in state court when it becomes aware debtor is filing for bankruptcy protection
• Foreman falls through floor: Failure to place barriers around unfinished section of floor: Wrongful death: Settlement
• Boy burned by weed fire: Failure to protect, supervise, warn: Burns: Settlement
• Insurer induces physicians to purchase policy by promising to use premiums to pay accrued claims: Fraud: Verdict
• Treating physician may testify as expert on causation of injury
• Motorcycle struck by truck: Failure to stop at red light: Negligent hiring, supervision: Multiple fractures: Punctured lungs: Settlement
• Student may sue school for failing to prevent sexual harassment
• Statute of repose does not apply to landlord's failure to maintain safe retaining wall
• Spouse's unvested stock options are divisible marital property
• Firefighter passed over for promotion: Retaliation: Lost wages: Postverdict settlement: Punitive damages
• Victim need not reimburse state for medical care where award is too small to pay for future medical care
• Ignoring asthmatic passenger's request to move him away from smoking section is an "accident" under Warsaw Convention
• Departing attorney's solicitation of law firm's clients breached fiduciary duty
• Woman falls on uneven pavement: Negligent maintenance of premises: Broken ankle: Structured settlement
• Man rapes girlfriend's daughter over a seven-year period: Assault and battery: Verdict: Damages
• Consumers' "addendum" voiding service contract's mandatory arbitration clause was countreroffer accepted by service provider
• Credit card processing company refuses to reimburse charges arising from its agent's fraud: Breach of contract: Fraud: Verdict
• Federal preemption doctrine does not apply to riverboat casino dram shop case
• Corrections
• Nuisance claim for stray voltage need not be tied to underlying negligence claim
• Professional negligence
• Medical negligence
• Police unleash dog on suspects after apprehending them: Bites: Excessive force: Verdict: Punitive damages
• Road rage injuries arise out of use of automobile; insurance must cover
• Construction worker falls through floor: Failure to secure area, post warnings: Wrongful death: Settlement
• Real estate agent attacked by dogs: Failure to keep premises safe for invitees: Knee and back injuries: Abrasions: Verdict
• Homeowners association fails to pay on construction contract: Breach of contract: Fraud: Lost fees: Verdict: Punitive damages
• Company uses Internet service to send unsolicited, bulk e-mail: Violation of statutes: Harm to system: Injunction: Damages
• Products liability
• Dog bites child's face: Strict liability: Lacerations: Settlement
• Insurer claims broker cancels policy, refuses to defend: Bad faith: Judgment: Settlement
• Psychiatric resident is qualified to give expert testimony
• Subordinate employee exercising substantial influence on employment decision is a "decisionmaker" for mixed-motive analysis
• Car slides under truck: Failure to have rear bumper guard: Wrongful death: Settlement
• Spotlight: Suit on behalf of two electricians badly burned in arc explosion exposes inattention to safety standards
• Train collides with truck trailer, sending debris into nearby vehicle: Negligent operation of vehicles: Brain injuries. Settlement
• Hospital retains patient list, accuses doctor of stealing equipment: Conversion: Defamation: Verdict: Punitive damages
• Seaman shocked by power line: Failure to deactivate lines, warn of danger: Surgical leg amputation: Cataracts: Settlement
• Conductor falls down stairs in locomotive: FELA, Locomotive Inspection Act violations: Brain damage: Verdict
• Prosecutor cannot use law enforcement or work product privileges to shield notes and analyses where criminal case is closed
• Defense attorney's suggestion that plaintiff was intoxicated at time of auto accident is grounds for mistrial
• Man shot by his brother: Failure to prevent access to handgun: Wrongful death: Verdict
• Manufacturer cancels dealer franchise: Violation of dealer protection statute: Lost business profits: Verdict: Punitive damages
• Parents who do not speak English have the right to an interpreter at hearings where their parental rights may be affected