Nationally recognized litigation attorney Thomas Metier practice areas include traumatic brain injuries, spinal cord injuries, trucking accidents and motor vehicle accidents.
The United States Court of Appeals for the Tenth Circuit had a chance to determine that in Fundamental Administrative Services, LLC; Fundamental Clinical Consulting, LLC v. Seth T. Cohen, as Personal Representative for the Estate of Tessie Hammann, deceased; VICKI MONTANO, No. 17-2025, (D. N.M.,…
The Nebraska Supreme Court sorts out this question in Putnam v. Sherbring et al., (297 Neb. 868). To enforce progression orders in an automobile negligence case, the district court excluded untimely disclosed expert opinions about medical bills. Relying upon our decision regarding a discovery sancti
In a case of first impression, the Supreme Court of Wyoming took on this question in Hurst v. Metropolitan Property and Casualty Insurance Company, (2017 WY 104). On May 31, 2014, Larry and Sara Hurst (“Larry” and “Sara”) were riding separate bicycles on US Highway…
In a lawsuit filed by the co-guardians of John Czajkowski, Kerns v. National Union Fire Insurance Company of Pittsburgh, Civil Action No. 16-cv-01245-MSK-CBS, (D. Colo. Sept. 13, 2017). the United States District Court D of Colorado determined the answer to this question. On October 20,…
The United States District Court D in Colorado addressed that question in Rivera v. State Farm Mutual Insurance Co., Civil Action No. 16-cv-00227-MSK-MJW, (D. Colo., Sept. 11, 2017). Joyce Rivera (“Rivera”) was involved in a rear-end automobile accident in El Paso County, Colorado on June…
The Colorado Supreme Court decided the validity of the choice in Ravenstar v. One Ski Hill Place, (2017 CO 83). In 2008, Petitioners, five Colorado companies, entered into separate contracts (“Agreements”) to buy to-be-built condominium units from Respondent, developer One Ski Hill Place, LLC (“OSHP
In Adams v. American Medical System, No. 14-4057 (D. Utah, 2017), the Court of Appeals for the Tenth Circuit determines the timetable for the statute of limitations. Gerry Adams (“Adams”) alleged that a mesh sling that she had surgically implanted to treat stress urinary incontinence…
The United States Court of Appeals for the Tenth Circuit determined what was inadmissible expert testimony in Nash v. Wal-mart, No. 17-1092 (10th Cir. Sept. 7, 2017). In this case, Steven Nash (“Nash”) fell off a 7-foot step ladder and sued the manufacturer, Louisville Ladder…
The Supreme Court of Nebraska untangled this complicated question in Armstrong v. Clarkson, (297 Neb. 595). A jury awarded Kelly Armstrong (“Armstrong”) a $1 million verdict on a breach of contract claim against Clarkson College (“Clarkson”). Armstrong had been a student at Clarkson, but was…
The United States Court of Appeals for the Tenth Circuit was faced with that question in Williams v. Corrections Corp., No. 17-7022 (10th Cir. 2017). In this case, a federal prisoner, Mario Williams (“Williams”) filed an appeal to the grant of summary judgment in favor…
In Bavlsik v. General Motors, Nos. 16-1491, 16-1632, (8th Cir. 2017), the Court of Appeals for the Eighth Circuit took on this question. About five years ago Michael Bavlsik (“Bavlsik”) was driving his 2003 GMC Savana van when he collided with a boat being towed…
In Tucker v. Government Employees Insurance Company, No. 14-1192 (10th Cir. 2017), the United States Court of Appeals for the Tenth Circuit untangled this disagreement. David Tucker (“Tucker”) sued the Government Employees Insurance Company, d/b/a GEICO Indemnity Company (“GEICO”) for breach of cont
