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Late last year, an appellate court in New York issued a written opinion in a bicycle accident case, affirming a lower court’s decision not to apply governmental immunity. In the case, Turturro v. City of New York, the court determined that the alleged negligence was regarding a “proprietary function,” rather than a governmental one,…

One can easily imagine a world in which a defendant fearful of an upcoming lawsuit destroys internal company documents that the defendant knows may be harmful to its case. This fear of the destruction of evidence in anticipation of litigation gave rise to the doctrine of spoliation. Essentially, the doctrine of spoliation allows for a judge…

Recently, the Supreme Court of the State of North Dakota released an opinion in a personal injury case against a city in charge of the maintenance of a park where the plaintiff fell while rollerblading. The case stemmed from an incident in which a young woman was injured while rollerblading over a soft patch of…

An ongoing investigation into the deadliest hot air balloon accident in United States history has revealed that the pilot of the balloon had seven different potentially mind-altering drugs in his system at the time of the crash. According to a National Transit Safety Board press release noted in a recently published national news article,…

Earlier this month, an appellate court in West Virginia issued a written opinion in a personal injury case filed against the state’s department of transportation by the son of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court determined that the Department of Transportation…

In early November, the Supreme Court of Connecticut heard oral arguments stemming from a governmental immunity matter. According to the court’s written opinion, the plaintiff was hit by a vehicle near his school’s driveway. Through his parents, he brought a lawsuit against several defendants, including the superintendent and assistant principals of the school. The…

Recently, the Supreme Court of Mississippi remanded a negligence case back to the trial court for a new trial after the court determined that the trial court allowed improper expert witness testimony and an improper closing argument. The case stemmed from a 2008 incident in which a woman who was in a nursing home fell…

The Supreme Court of Kentucky recently published an opinion in a slip-and-fall case that was appealed to the court by the plaintiff. According to the opinion, the accident occurred in 2011 when a guest and his wife were attending a convention at the defendant hotel. Evidently, the plaintiff slipped and injured himself when he…

Recently, a California appellate court released its opinion regarding a medical malpractice lawsuit stemming from a 2012 accident. According to the court’s recitation of the facts, the plaintiff was a patient at the defendant hospital, and he was being transferred by an ambulance agency, another named defendant. During the transfer, the gurney tipped over,…

The United States Court of Appeals for the Fifth Circuit recently released an opinion affirming a lower court’s decision that summary judgment should be granted in favor of a defendant in a product liability lawsuit. The case stems from a tragic traffic accident that occurred when a passenger died when he was traveling as…