Law Reporter

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Articles in Apr 2004 issue of Law Reporter

• PROFESSIONAL NEGLIGENCE
• Hostile work environment claims are actionable under ADA
• Vehicle strikes livery car making U-turn: Negligent turn: Excessive speed: Vicarious liability: Spinal, hand injuries: Settlement
• Railroad worker forced to work, walk, on yard's large, mainline type ballast: FELA liability: Osteoarthritis in knees: Verdict
• Woman falls after foot catches in grate: Negligent maintenance: Brain injuries: Seizure disorder: Mediated settlement
• Employee allegedly fired for making gender bias complaints may pursue retaliation claim
• Truck strikes man in wheelchair: Failure to keep proper lookout: Vicarious liability: Leg, arm fractures: Verdict
• Stop sign obscured: Intersection collision: Failure to remedy dangerous condition: Brain damage: Verdict
• Worker shocked by power line: OSHA, state law violations: Burns: Settlement
• Armored car company accuses deliveryman of theft: Malicious prosecution: Damage to reputation: Verdict: Punitive damages
• Discriminatory intent need not be shown where persons with disabilities were denied meaningful access
• Student hit by baseball during unsupervised practice: Negligent supervision: Wrongful death: Verdict
• Man falls on ice at gas station: Negligent maintenance of premises: Torn rotator cuff: Settlement
• PRODUCTS LIABILITY
• Tires fly off tractor-trailer into oncoming vehicle: Failure to inspect tires: Wrongful death: Settlement
• Doctors not entitled to lien on patient's personal injury recovery for amount exceeding agreed upon medical services charges
• Attorney forges another's name on pleadings: Violation of identity theft statute: Emotional distress: Postverdict settlement
• Train strikes youth running across trestle: Negligent track maintenance: Negligent security: Wrongful death: Settlement
• Parent who abandons child and does not make contact until the child is an adult may not share wrongful death award
• Motorcycle collides with school bus: Failure to yield: Vicarious liability: Brain injury: Multiple fractures: Settlement
• Vehicle being chased by police strikes car: Improper pursuit: Wrongful death: Verdict
• MEDICAL NEGLIGENCE
• Employer may be estopped from using parol evidence rule where employee relied on oral promise of long-term employment
• Supervisory officers not entitled to qualified immunity in case alleging deliberate indifference toward trooper's sexual misconduct
• Car loses control, crosses centerline: Driving without a license: Vicarious liability: Multiple fractures: Settlement
• Journalists must reveal sources if centrally important to case and plaintiff has tried all other methods of getting information
• Unmarried cohabitants cannot recover loss of consortium damages
• Nigerian plaintiffs might be able to maintain suit in federal court by proving justice in Nigeria not possible
• Financial services firm copies, distributes subscription newsletter: Copyright infringement: Lost revenue: Verdict: Punitive damages
• Man stops breathing while being restrained: Excessive force: Failure to provide medical care: Wrongful death: Settlement
• Man wrongfully detained: Fourth Amendment violations: Malicious prosecution: Emotional distress: Verdict: Punitive damages
• Racetrack states that kennel's greyhounds race poorly: Defamation: Damage to reputation: Verdict: Punitive damages
• Father may be entitled to emotional distress damages even though he was not present when his son was injured
• Woman falls on airport stairs: Failure to assist passenger: Leg, wrist injuries: Verdict
• Utah ethics committee recommends against contingency fee limit in "early offer" settlements
• Skier hit by fellow skier: Negligence per se: Brain, knee injuries: Settlement
• Federal contractor must pay disability to employee injured in barroom "horseplay" while working on atoll
• Illinois recreational use act limitation of liability applies only to public recreational areas
• Man trips over cord in hospital: Creation of unsafe condition: Torn meniscus: Verdict
• Arbitration clause requiring consumers to pay unaffordable fees before arbitration can begin is unconscionable
• Passenger falls from bunk: Failure to provide leeboards: Fractured hip: Binding arbitration
• COUNSEL'S PURSUIT OF INSURANCE CARRIER HELPS THOUSANDS OF CANCER PATIENTS
  by Davenport, Courtney L
• Coffee spilled on customer: Negligent carrying of tray at shoulder: Burns: Verdict
• Football team relocates: Breach of agreement: Misrepresentations: Fraud: Past, future revenue losses: Lost opportunity: Verdict
• Nonconsensual spousal wiretapping no longer allowed in Eleventh Circuit
• Truck strikes vehicle: Failure to stop at red light: Vicarious liability: Head trauma: Multiple fractures: Settlement
• Dog bites child: Strict liability: Negligence per se: Disfigurement, scarring: Emotional distress: Structured settlement
• Homeowner applies for life insurance upon refinancing; insurer later denies claim: Violation of state insurance laws: Settlement
• Credit card solicitations not constitutionally protected under anti-SLAPP statute
• Truck driver hit by forklift: Lack of training: Pelvic fractures: Incomplete paraplegia: Verdict: Punitive damages
• Communications Decency Act does not provide immunity for distributor who knowingly publishes third party's defamatory statements
• Company prepares mining feasibility study without performing tests: Breach of contract: Fraud: Financial losses: Verdict