The Supreme Court of Wyoming answered this question in Bogdanski v. Budzik, No. S-17-0049, (2018 Wy. 7). Mariusz Bogdanski (“Bogdanski”) and Damian Budzik (“Budzik”) were codrivers of a commercial semi-truck that was involved in an accident on Interstate 80 east of Evanston, Wyoming. Bogdanski was…
Reclined seat attorneys taking a case to trial must prove that the reclined seat defect caused or worsened the plaintiff’s injuries. Often times, attorneys can show that out of several vehicle occupants, only the passenger in the reclined seat suffered serious injuries.
Almost six months ago, I first touched on the problems of a Washington D.C. area hospital that is desperately needed to serve an otherwise isolated community. While there have been issues for some time, the seriousness of the situation came to the attention of the…
The United States Court of Appeals for the Eighth Circuit tackled that question in Waters v. Ferrara Candy Co., No. 17-2812, 873 F.3d 633 (2017). Plaintiff Jaclyn Waters (“Waters”) filed this putative class action in the Circuit Court for the City of St. Louis, Missouri,…
Following 2016, road fatalities rose almost 6% in the U.S. — marking the second year in a row with a substantial increase after years of steady decline. In fact, the U.S. has seen its biggest increase in motor vehicle-related death rates per driven mile in…
Hospitals across the country must operate in accordance with safety standards set by the federal government or else face being penalized by the Medicare payment system. Many hospitals rely on Medicare to function, and as such, this is a powerful incentive to comply with guidelines.…
In Lewison v. Renner, No. S-17-173, (298 Neb. 654) the Supreme Court of Nebraska determined what is necessary. Barbara Lewison (“Lewison”) sued Carol Renner (“Renner”) for negligence. On December 21, 2012, in Kearney, Nebraska, Renner made a left turn in front of a vehicle being…
A recent report by the National Highway Traffic Safety Administration (NHTSA) that showed a jump in percentage of fatalities in truck accidents from 2015, both in total vehicle fatalities as well as fatalities involving large trucks. Now, a number of members of Congress have joined together to intro
For years the controversy over forced arbitration clauses has been rising through the public consciousness. Since the advent of arbitration agreements, the public has come to discover fine print arbitration clauses buried in cell phone contracts, credit card contracts, and even nursing home contract
Victims of strokes may be familiar with the saying that “time is tissue.” This of course means that the time that elapses from the onset of a stroke to treatment directly affects the long-term prognosis for recovery. Doctors are typically taught that they have only…
With over 3,000 Bard IVC filter lawsuits pending in multidistrict litigation 02641 (MDL 2641) in the U.S. District Court for the District of Arizona, plaintiff and defense counsel are busily engaged in final pretrial motion practice on the eve of the first Bard IVC bellwether trial which is set to b
Civil litigators may think that the Florida Probate Code has nothing to do with their civil lawsuits, but when a party dies during the litigation, the probate statutes can greatly impact a civil case. Picture this: the lawsuit has been filed and served. The defendant…
