Law Reporter

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Articles in Oct 2004 issue of Law Reporter

• Woman slips on darkened stairway: Negligent maintenance: Broken ankle: Settlement
• Crossing collision: Negligence in allowing overgrown vegetation: Failure to warn: Ankle fusion: Mediated settlement
• MEDICAL NEGLIGENCE
• Tractor-trailer rear-ends box truck: Improper passing: Brain injuries: Settlement
• Unclear and inconspicuous language makes coverage limitation provision unenforceable
• Child born after parent dies may be entitled to workers' compensation benefits
• Coach has unlawful sexual relationship with student: Negligent supervision, training: Emotional distress: Verdict
• Laborer falls into hole at bottom of stairwell: Failure to warn, correct dangerous condition: Ankle injuries: Mediated settlement
• Supervisor's discriminatory purpose may be imputed to employer even if decisionmakers who relied on recommendation were bias-free
• Refusal to allow service dog into theater violated ADA
• Car hit by loader in parking lot: Failure to coordinate traffic with paving: Shoulder injury: Settlement
• PROFESSIONAL NEGLIGENCE
• Lender misrepresents deal to Spanish-speaking couple: Fraud: Federal law violations: Economic losses: Verdict: Punitive damages
• Court erred in setting aside verdict for statutory theft entitling plaintiff to treble damages
• Oral agreement between law firm and former associate was valid fee sharing contract
• PRODUCTS LIABILITY
• Sledder thrown from sled after colliding with drainage ditch: Missing grate: Multiple fractures: Verdict
• Performer fired for HIV status: ADA violations: Economic losses: Mediated settlement
• Whether airline breached duty of care to passengers in slip-and-fall case is jury question
• Helicopter engine seizes: Negligent engine overhaul: Vertebral fracture: Verdict
• In recreational immunity case, fact finder must determine whether recreational or commercial purpose was involved
• Domestic partner's claim for 9/11 victim compensation funds may proceed
• Dominant and efficient cause rule should be applied when there is concurrent causation of loss
• Woman resigns after sexual harassment: Creation of hostile work environment: Emotional distress: Postverdict settlement
• Bus runs stop sign: Failure to heed stop sign: Wrongful death: Multiple fractures: Mediated settlement
• Worker stuck by hypodermic needle in trash: FELA violations: Medical testing: Emotional distress: Verdict
• Gas company that knows about danger of leaks has duty to warn customers
• Trial court erred in failing to grant continuance where plaintiffs' attorney was incapacitated by serious health condition
• Treating physician who gave opinion deposition testimony was entitled to expert witness fee
• Men-only policy in country club dining facility violates Louisiana constitution
• Employer makes false accusations of misconduct: Defamation: Damage to reputation: Verdict: Punitive damages
• North Carolina rejects Daubert standard for determining admissibility of expert testimony
• Manager participating in tortious conduct of limited liability company while performing managerial duties can be personally liable
• Car strikes truck that blocked lanes of traffic: Negligent operation: Wrongful death: Verdict: Punitive damages
• Company's competitor bribes buyers: Antitrust violations: Defamation: Economic losses: Verdict: Punitive damages
• COUNSEL HELPS MENTALLY ILL MAN AFTER BROKERS ALLOW ERRATIC TRADES
  by Davenport, Courtney L
• Child poisoned by lead paint: Negligent maintenance of apartment: Learning disabilities: Verdict
• Vehicle forced into opposing traffic: Lack of median: Burns: Multiple fractures: Verdict
• Customer alleging fraudulent concealment can sue telephone carrier that allegedly "slammed" his number
• Aggressive drivers cause collision: Reckless driving: Driving while intoxicated: Jaw injuries: Settlement
• Party's change in citizenship cannot cure jurisdictional defect present at time of filing
• Prohibiting state university students from contacting prospective student athletes violates free speech
• Performance diver hits side of pool: State safety law violations: Quadriplegia: Postverdict settlement
• Employee's death at hands of supervisor may be an adverse action attributable to employer under civil rights statutes
• Partial and total disability compensation is not double dipping under LHWCA if earning ability not increased
• Laborer falls into trench: Statutory violations: Paraplegia: Bowel perforation: Verdict
• Underground storage tank leaks gasoline additive: Failure to warn: Well water contamination: Medical monitoring: Settlement
• Abuse-of-process claim may proceed where defendant had improper motive during court proceedings
• Student falls through ceiling tile: Dangerous condition: Lack of warnings: Ankle fracture: Settlement
• Boy sexually assaulted by city bus driver: Negligent hiring, supervision: Common carrier liability: Posttraumatic stress: Settlement