T. Thomas Metier

What Potential Injuries is a Gym Member Assuming the Risk for When They Sign the Membership Agreement?

The judgment on Stone’s negligence claim was affirmed, the judgment on her PLA claim was reversed, and the case was remanded for further proceedings on that claim.

Scott R. Marshall

TORT DEFORM: Tort Reform and the Absurdity of Caps on Damages

I am a trial lawyer. I know our tort system well. I cannot stand frivolous claims, nor can I stand frivolous defenses. They have no place in our Civil Justice System. I also have no patience for disingenuousness. The assault […]

T. Thomas Metier

Can an Insurer Depreciate the Covered Loss Amount When Terms Are Vague?

The Supreme Court looked at Henn’s claim that the language in the insurance contract was ambiguous, American Family disagreed.

T. Thomas Metier

Does the Premises Liability Act Provide the Sole Legal Remedy for a Plaintiff on Private Property?

Under the PLA, the only way Tancrede could recover is to show that Freund injured her willfully.

T. Thomas Metier

Can a Homeowner Assign Rights Without the Insurer’s Consent?

The Court determined that assignment of a claim under a homeowner’s insurance policy for the homeowner’s property damage casualty loss is valid, despite a non-assignment clause.

T. Thomas Metier

Does the Writing on the Back of the Lift Ticket REALLY Waive Liability?

If you plan to go to Vail and enjoy some skiing—you had better read the waivers you are signing. In Brigance v. Vail Summit Resorts, Inc., (Civil Action No. 15-cv-1394-WJM-NYW.) United States District Court D., Colorado, January 13, 2017, the […]

T. Thomas Metier

Fire Your Attorney for Cause, Hire a New One and Win the Case. Who Gets Paid?

The district court determined Mintz was not entitled to fees because Mintz had been discharged for cause, and under the express language of the agreement between Mintz and the plaintiff, Martinez, Mintz had therefore forfeited any fee.

Ryan R. Bradley

You Are Not Fine: Premises Liability in Illinois

Fight the Urge to just say, “I’m Fine,” after a fall (unless you know it’s true)

T. Thomas Metier

Does a Municipal Ordinance Override the Common Law in a Premises Liability Case?

Emma Andrade, Plaintiff-Appellant vs. Margaret Johnson, Defendant-Appellee, Court of Appeals No. 15CA1664, Court of Appeals of Colorado, Division V. (Oct. 6, 2016) is a district court case in Colorado Springs for damages she suffered when Andrade slipped and fell on […]

Thomas Greer

Shooting at Billy Hardwick’s Raises Legal and Safety Questions

Several news outlets in Memphis reported that a shooting took place at Billy Hardwick’s All-Star Lanes at White Station and Quince on Tuesday, January 31, 2017, about 11:30 p.m.  According to reports, as many as four people were injured during […]