Ford Motor Company has recalled 6,700,000 vehicles that have faulty cruise control systems that can cause the vehicle to catch fire. Ford now agrees that "brake fluid might leak from the switch that deactivated the cruise control once the driver stepped on the brake. That fluid can drip onto the…
Day on Torts
Depositions and the “Usual Stipulations”
Here is a great post – collecting other great posts – about the meaning of the "usual stipulations" in a deposition. Thanks Evan.
Failure to Appeal Cases
When a lawyer is sued for negligence in conjunction with the appellate process who decides whether or not the appeal would have been successful, judge or jury? The judge makes the decision, according to the Illinois Supreme Court. The Court said that "the issue of proximate cause in an appellate…
What is Going On Here?
A decision released yesterday by the Court of Appeals confuses me greatly. Defendant 1 blamed Nonparty in an answer. Plaintiff sued Nonparty, who then became Defendant 2. Defendant 2 moved to dismiss, saying inter alia that the complaint against it was barred by the statute of repose. Then, according to…
California Jury Finds for Merck
The jury in the first Vioxx trial in California has ruled in favor of Merck. Read more here.
Hospitals Reduce Birth Injuries
Efforts to improve teamwork and communication have substantially reduced births resulting in traumatic injury . Many of the Seaton hospitals have worked with the Institute for Healthcare Improvement to reduce preventable childbirth injuries by " improving communications, standardizing procedures and reducing risky methods that speed deliveries, including forceps use, vacuum deliveries…
First California Vioxx Trial Near Conclusion
The first of several thousand Vioxx cases in California is nearly complete. I will let you know when the verdict comes in.
Liability for Failure to Disclose Sexual History
"What duty does an HIV-positive individual have to avoid transmitting the virus? What level of awareness should be required before a court imposes a duty of care on an HIVpositive individual to avoid transmission of the virus? What responsibility does the victim have to protect himself or herself against possible…
Blue Chipper – Wrongful Death Damages
The case: Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999). Author: Justice Janice M. Holder. Why it is a Blue Chipper" Jordan overruled past precedent that misread the wrongful death damages statute and permitted, for the first time, a factfinder to award damages for the loss of love,…
Bacardi 151 Rum Lawsuit Filed
Insurance Journal reports that a lawsuit has been filed against Bacardi, the manufacturer of 151 rum. The article says that "a bartender, who was not identified in the lawsuit, was pouring shots when a customer lit a menu on fire and placed it in the stream of alcohol. A bottle of Bacardi…