Law Reporter
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Articles in May 2003 issue of Law Reporter
- Rod strikes worker: Failure to warn of dangerous condition: Shoulder injury: Verdict
- Medical negligence
- Student harassed by classmates: First Amendment violations: Negligence: Beatings: Emotional distress: Settlement
- Foreseeability of shooting irrelevant where bar assumes duty to protect patrons by hiring guard
- Lessee's business fails following construction work on street: Dishonored lease term: Breach of contract: Loss of business: Verdict
- Seller that was not licensed to do business in state cannot enforce arbitration agreement in state court
- Written report not needed for general contractors to testify as experts on roof damage
- Credit union employee accused of misconduct after uncovering improprieties: Defamation: Verdict: Punitive damages
- Waste truck strikes car: Failure to stop at red light: Multiple fractures: Blindness: Settlement.
- Florist's insurer fails to reimburse for inventory destroyed in hailstorm: Breach of contract: Negligence: Business losses: Settlement
- Hospital may not assert lien for balance of its usual charges after receiving discounted payment from insurer
- Woman's foot crushed by camel: Fractures: Dislocations: Negligent operation of amusement ride: Settlement
- Overgrown vegetation blocks view of tracks: Failure to maintain sight distance: Wrongful death: Verdict. Punitive damages
- Drywall installer falls through hole in floor: Failure to place barriers and warnings: Herniated disk: Torn rotator cuff: Settlement
- Lesbian partner must pay support for children born during relationship
- Separation agreement does not bar husband from suing estranged wife's lover
- Parties can agree to post-judgment interest rate different from rate used by statute
- Psychological injuries resulting from stress of non-disciplinary personnel actions are compensable under worker's compensation statute
- Overcorrection causes car to roll over: Inattentive driving: Quadriplegia: Verdict.
- Man shot during police raid: Excessive force: Improper search: Fourth Amendment violations: Verdict
- Cellular phone company uses another's technology for signal transmission: Infringement of patent: Lost royalties: Verdict
- Employees who were older at the time of hire receive smaller pensions than those hired at younger ages: Age discrimination: Settlement
- Housepainter touches bare spot on power line: Negligent maintenance: Failure to inspect: Fall: Paraplegia: Multiple fractures: Verdict
- Products liability
- Employee injured while moving boxes: Negligent training: Inadequate medical care: Herniated disk: Verdict
- Man drives car into tree during test drive: Failure to warn: Careless driving: Spinal fractures: Quadriplegia: Postverdict settlement
- Plaintiff's recovery not capped by FTCA where psychological disorders began after filing of administrative claim
- Failure to pay off credit card balance does not constitute acceptance of arbitration amendment to original agreement
- Arbitration policy contained in leaflet is void for lack of mutual assent
- Concealed bias by juror during jury selection is grounds for new trial
- Plaintiffs may recover cost of demolition and reconstruction of public building contaminated with PCBs
- Worker crushed by falling steel plate: Violation of employer's safety standards, OSHA regulations: Wrongful death: Settlement
- Doctrine of res ipsa loquitur available against multiple defendants and in spite of allegations of negligence
- Negligent highway design: Flooding: Property damage: Verdict
- Notice of intent to sue under Clean Water Act need not specify exact dates of violations
- Insurer claims policyholder failed to disclose medical conditions, rescinds policy: Breach of contract: Postverdict settlement
- Court hearing quantum meruit claim for fees must make independent determination of fair allocation
- Emotional distress from carjacking sufficiently related to vehicle to be covered by insurance
- Mobile home community terminates disabled maintenance man: ADA violation: Mental anguish: Verdict: Punitive damages
- Lead paint in apartment: Failure to comply with state law: Elevated blood lead levels: Learning disabilities: Postverdict settlement
- Spotlight: Counsel help client with disability regain independence
- Truck crosses median, hits car: Negligence: Reckless driving: Wrongful death: Verdict: Punitive damages.
- Action under Federal Trademark Dilution Act requires showing of actual injury to economic value of a trademark
- Passengers removed from flight due to their race may sue airline for injunctive relief
- Woman scalded when microwave door strikes pot lid: Burns: Improper installation: Verdict
- Professional negligence
- Child poisoned by lead paint: Failure to warn or prevent: Brain damage: Settlement
- Security guard chokes and handcuffs boy: Excessive force: assault and battery: Emotional distress: Verdict
- Superiors harass hearing-impaired mechanic: Age, disability discrimination: Lost wages: Verdict: Punitive damages
- Insurer permits terminated agent to sell policies: Lost worker's compensation payments: reach of convenants: Settlement
- Railway workers suffering from asbestosis may recover damages under FELA for mental anguish of fear of developing cancer
- Statute of limitations does not bar personal injury claims of plaintiffs who lived near nuclear testing facility
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