Law Reporter
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Articles in Mar 2004 issue of Law Reporter
- Car rear-ends postal truck: Failure to keep proper lookout: Herniated disks: Settlement
- Student commits suicide: Negligent failure to intervene: Wrongful death: Settlement
- Man beaten by employees at drive-through restaurant: Assault, battery: Intentional infliction of emotional distress: Verdict
- Fungus grows in standing water in crawl space: Failure to abate dangerous condition: Fungal eye infection: Settlement
- Military officer raised fact questions as to whether recoupment policy is applied exclusively to gay service members
- Intoxicated customer hit by truck: Negligent service of alcohol to minor: Wrongful death: Settlements
- Former employer cannot get workers' comp subrogation against wrongful discharge award paid by later employer
- Florida courts may not use a multiplier when awarding attorney fees authorized by offer of judgment statute
- Corporation issues notes in Ponzi scheme: Fraud: Violations of securities laws: Financial losses: Settlement
- Legal guardian of incapacitated ward may not file marital dissolution proceedings on ward's behalf
- Web site gives man's address as that of registered sex offender: Defamation: Damage to reputation: Verdict: Punitive damages
- Topping line strikes worker: Jones Act liability: Negligent maneuver for sea conditions: Crushed leg: Structured settlement
- Laborer falls when ladder breaks: FELA liability: Back, leg injuries: Verdict
- Canadian trucker policy: Georgia collision: Depleted funds defense: Third-party beneficiary: Structured settlement
- Toxicologist who is not physician may testify about lung injury from calcium oxide dust
- PRODUCTS LIABILITY
- Car lessee can proceed with Magnuson-Moss claim for breach of written warranty
- Woman may sue former husband under Illinois tort law for abuse during marriage
- Inmate stabbed: Negligent supervision: Wrongful death: Verdict
- Head-on collision: Driving under the influence, on wrong side of road: Vicarious liability: Multiple fractures: Settlement
- Toxic waste on property concealed during sale: Fraud: Business interruption: Settlement
- Grandmother shoots granddaughter's visitor: Negligence: Recklessness: Paralysis: Verdict
- PROFESSIONAL NEGLIGENCE
- Employee's release of asbestosis claim did not exempt railway from liability on survival, wrongful death claims under FELA
- Painters crushed by falling gate: Creation of dangerous condition: Failure to warn of danger: Settlement
- Airlines owed duty of care to September 11 victims on ground
- Truck rear-ends car: Reckless driving: Respondeat superior: Wrongful death: Verdict
- Man shot by police officer: Excessive force: Paraplegia: Verdict
- Construction worker crushed by cement truck: Outrageous conduct: Wrongful death: Mediated settlement
- Teenagers hit by drunk driver: Dram shop liability: Wrongful deaths: Settlement
- Boy drowns while on school-sponsored field trip: Negligent supervision: Wrongful death: Settlement
- Defendant in criminal proceeding may be ordered to pay restitution even though civil settlement released liability
- Claim that insurer's credit scoring system violates federal civil rights statutes not preempted under McCarran-Ferguson Act
- Truck runs red light, strikes car: Reckless driving: Brain injury: Postverdict settlement
- Worker falls through hole in equipment trailer: Failure to cover hole: Knee injury, subsequent fall with injury: Settlement
- Teen drowns in lake: Inadequate safety procedures: Negligent lifeguarding: Wrongful death: Settlement
- Visitors struck by falling rocks: Failure to adequately warn: Wrongful deaths: Multiple injuries: Settlement
- Employee terminated after taking time off for surgery: Violation of state statute: Postverdict settlement
- Unarmed man shot 19 times: Excessive force: Wrongful death: Settlement
- Cargo door collapses during loading: Negligent maintenance, repair: Hand laceration: Reflex sympathetic dystrophy: Settlement
- First mate killed when barge explodes: Unseaworthiness: Wrongful death: Structured settlement
- Workers strike gas line: Explosion: Failure to locate pipe: Nondelegable duty: Wrongful deaths: Settlements
- Siding worker falls 16 feet: Failure to recognize fall hazard, control job site safety: Heel fracture: Settlement
- Agent overreaches in seeking franchise deals: Fraudulent inducement: Lost value of promise: Verdict: Punitive damages
- Damages may not be offset by expenses written off by health care providers under Medicare plan
- Motocross riders hit tractor: Failure to alert riders to presence of unsafe equipment on track: Malice: Verdict: Punitive damages
- Woman struck by falling box springs: Negligent placement: Spinal injuries: Torn rotator cuff: Verdict
- Suit against federal bank not preempted by federal law where cardholders charge violation of state notice law was breach of contract
- Forklift runs over truck driver's foot: Negligent operation of forklift: Partial amputation: Verdict
- District court in Ninth Circuit has jurisdiction over Maine retailer doing Internet business in California
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COUNSEL'S FIGHT FOR PARALYZED IRON-WORKER SHEDS LIGHT ON SAFETY HAZARD
by Davenport, Courtney L - Solvent leaks into water supply: Nuisance: Trespass: CERCLA violations: Health risks: Lost property values: Settlement
- MEDICAL NEGLIGENCE
- Attorney fees paid under contingency agreement may be excluded from gross income
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