Sounds outrageous, doesn’t it? A guy kills his mother and then the Georgia Supreme Court says he has a right to sue his psychiatrist for inappropriate psychiatric treatment that gave rise to the death of his mother. It is outrageous only if you know nothing about either law or…
There has been lots of discussion about those responsible for the tragedy that occurred on August 13, 2011 at the Indiana State Fair, where multiple people died and many others were injured after a stage collapsed at a concert. At last count, seven people died and another 40 people were…
Interested in the circumstances under which a general contractor can be held liable for the acts of a sub-contractor? Here is my article on one aspect of the subject in the TBA Journal.
The California Court of Appeals explored the issue of the responsibility of an insurance agent is the case of Williams v. Hilb, Rogal & Hobbs Ins. Services of California, Inc., 177 Cal.App.4th 624, 98 Cal.Rptr.3d 910 (2nd Dist. 2009). Insurance agents like to argue that they do not have a duty to…
AAJ received good news today regarding a case that was argued in the 14th Judicial District Court of Louisiana by the Center for Constitutional Litigation and Louisiana lawyer Oliver Schrumpf. CCL has worked on the case (Arrington v. Galen-Med, Inc.) for about four years, with support from AAJ and…
The Florida Supreme Court has agreed to determine whether a limit on noneconomic damages in medical malpractice cases violates the state’s constitution. The law was passed in 2003 as part of a Republican-led effort to limit the rights of medical malpractice victims. The damages cap in Florida is $500,000 per…
Insurance Journal reports that a Kentucky jury has sided with a physician who is alleged to have amputated a portion of his patient’s penis without the patient’s consent. The article states that "[t]he doctor said he decided to amputate less than an inch of the penis after he found potentially deadly cancer…
The Federal Tort Claims Act does not permit a mother who was mistakenly told that her son (a solider ) was dead to sue for emotional distress. Ms. Nabjur sent her son a letter and it was returned with a red stamp bearing the word "DECEASED." (Isn’t that nice?). The…
The Tennessee Bar Association published my column, Day on Torts, on September 1, 2011. The title of this column is "Who Should Get Burned by Bruce’s Torch?". An excerpt: Independent contractors are not considered employees. The general rule is that one who employs an independent contractor is not liable for the…
The Tennessee Supreme Court has circulated for public comment changes to the rules of evidence and procedure. If adopted by the Court and approved by resolution in the 2012 General Assembly, the proposed rule changes will go into effect July 1, 2012. A couple changes are of particular interest to…