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Day on Torts

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Off Topic – The Education of Ms. Goodling

Slate has published this article about Monica Goodling and the Regent University School of Law.  Did you know that "[u]nder Ashcroft, career lawyers were systematically fired or forced out and replaced by members of conservative or Christian groups or folks with no civil rights experience. In the five years after…

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Hospital Errors Rising – 247,662 Deaths Over Three Years???

It is getting worse. Healthgrades reports that the number of errors in our nation’s hospitals rose 3% over the years 2002 – 2005.  From the press release: The HealthGrades study of 40.56 million Medicare hospitalization records over the years 2003 to 2005 … found: • Patient-safety incidents continue to rise in…

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Causes of Truck Accidents in Tennessee

What causes truck wrecks?  According to Ron Miller, a trial lawyer in Maryland, the Federal Motor Carry Safety Administration’s 2006 report shows  there are approximately 141,000 truck crashes every year. In 77,000 of these truck accidents – more than half – fault was attributed to the truck driver. Ron’s post at…

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More Data on Rising Insurance Rates for Doctors

Amercicans for Insurance Reform have released a report that demonstrates that the "insurance crisis that hit doctors between 2001 and 2004 was not caused by claims, payouts or legal system excesses as the insurance industry claimed." Rather, this report concludes as follows:  "Inflation-adjusted payouts per doctor not only failed to…

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A “Recreational Use” Statute Decision out of Kansas

In Lane v. Atchison Heritage Conference Center, Inc., No. 94634 (March 16, 2007),  the Kansas Supreme Court held that "mmunity from liability under the recreational use exception to the [Kansas Tort Claims Act] does not depend upon the "primary use" of the property but rather depends on the character of…

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The Rules of Cross and Argument

The penalty for violating the rules of cross-examination and closing:  reversal. Here is how the Court described the violation: "the cross-examination of [defense expert] Dr. Ramirez went beyond permissible grounds on the issue of bias and amounted to a prohibited attack on Dr. Ramirez’s character when plaintiff’s counsel repeatedly argued…

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