Publications
A loss of earning capacity claim must be established by the evidence with reasonable certainty. The plaintiff’s opinion alone as to his or her loss of earning capacity is insufficient to carry such a burden.
When bringing a loss of earning capacity claim, the burden is on the plaintiff to establish, with reasonable certainty, that the capacity to labor has been diminished and to provide a monetary standard to which a jury can measure future loss.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Beekeeper gets “stung” in court.
After a tractor-trailer carrying approximately 400 beehives overturned on I-95 in Delaware, a beekeeper and his fellow employees arrived on scene to recollect the bees. Unfortunately, the plaintiff was stung multiple times.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Plaintiff’s signature on the incorrect line of a release document does not make it invalid.
The plaintiff was injured at the gym when the rubber grip of a pull-up bar detached. He brought suit against the fitness club, alleging its negligence caused his injuries.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Since an injured longshoremen’s exclusive remedy is the LHWCA, employer cannot be liable to other defendants.
The plaintiff, employed as a longshoreman by Beacon Stevedoring Corporation (Beacon), was injured while helping to unload freight aboard a cargo vessel owned and/or operated by Mos Shipping Co., Ltd.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court holds that Comment k of the Restatement (Second) of Torts does not bar strict liability claim against medical device manufacturer under Pennsylvania law.
In this product liability action against the manufacturer of a prosthetic implant system, the plaintiffs asserted, among other things, a strict liability claim for manufacturing defect.
Restaurant entitled to summary judgment over parking lot fall because decorative stones were open and obvious.
The Appellate Division, First Department affirmed summary judgment to the restaurant Olive Garden. The plaintiff tripped and fell in the parking lot outside the restaurant.
Informed consent and deviation from the standard of care are distinguishable and represent independent duties.
The plaintiff appealed a jury verdict in favor of the defendant in a malpractice action against her gastroenterologist. At trial, the plaintiff contended her gastroenterologist was negligent in the performance of a colonoscopy.
Florida Supreme Court strikes down caps on non-economic damages in personal injury medical negligence actions.
In 2014, the Florida Supreme Court held that caps on non-economic damages in medical malpractice actions violate the equal protection clause and are unconstitutional. Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014).
Expert unable to opine on causation or class-wide damages in toxic radiation case.
This suit, on behalf of a class suffering from different kinds of cancer, asserted that the defendants’ facilities permitted harmful radiation to be emitted to the surrounding environment where the class members lived.
Sending mail to the wrong designated P.O. Box sinks consumer protection case.
The plaintiff had stopped paying his mortgage. He soon found in his mail a letter from a company claiming to be his new mortgage servicer and addressing the non-payment.