Day on Torts

February 24, 2006

Indiana Supreme Court Upholds Statute of Limitations

The Indiana Supreme Court denied a challenge to the constitutionality of a statute of limitations for minors. The statute required that a suit be filed within two years of the date of injury or by the injured minor’s eighth birthday if injured in the first six years of life.

The statute was challenged under this provision of the Indiana Constitution: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”

The case is Ledbetter v. Hunter. Westlaw subscribers can see it at 2006 WL 401204. The opinion was released on February 22nd.

February 24, 2006

SCOTUS Allows Claim Against Post Office

by The Law Offices of John Day, P.C.

The United States Supreme Court does not hear many tort cases. However, the Court released a tort opinion on Wednesday that held that the U.S. Postal Service is subject to personal injury lawsuits if they do not use due care when leaving mail at people’s homes.

The Pennsylvania plaintiff tripped and fell over mail left on her porch. She sued the Post Office, which claimed immunity. The Court reversed two lower court decisions dismissing the case, holding that that a federal law giving the post office immunity from certain claims was only intended to cut off lawsuits that arise from delivering the mail late or in a damaged condition.

The majority opinion was written by Justice Kennedy. Justice Thomas was the sole dissenter. Justice Alito did not participate.

February 23, 2006

Tobacco Decision Out of Oregon

by The Law Offices of John Day, P.C.

You may hate tobacco lawsuits and lawyers who bring them. But you cannot help but agree that the tobacco industry is absolutely despicable. How the executives of the industry who lied to the country and the government for years can sleep is beyond me.

There are lots of people who agree, one group of them being the Supreme Court of the State of Oregon. This opinion affirms a significant punitive damage verdict against Phillip Morris.

Some excerpts:

February 23, 2006

More on Vioxx Study

by The Law Offices of John Day, P.C.

Here is the latest on the Vioxx research controversy between certain certain scientists and the New England Journal of Medicine.

February 22, 2006

Op-Ed Piece in the

by The Law Offices of John Day, P.C.

The Tennessean was kind enough to publish an op-ed piece I wrote. Here is the full article from today’s paper.

Health-care industry sells snake oil about malpractice

By JOHN A. DAY

February 21, 2006

Medical Images

by The Law Offices of John Day, P.C.

A picture is worth a thousand words – or maybe more.

Click here to get access to a great list of websites that have videos and stills on a host of medical issues. Some of the sites are copyrighted, but at least you can look at the sites to educate yourself and, if you need to use the images for deposition, mediation or trial, know where you can purchase the images you need.

Thanks again to Robert for telling me about this site.

February 20, 2006

Today’s Editorial from the

by The Law Offices of John Day, P.C.

Here is the lead editorial in today’s Tennessean:

Beware of quick fix on malpractice reform

It’s a fact that Tennessee physicians, particularly those in some specialty groups, have to pay high rates for malpractice insurance. Those high premiums discourage young doctors from pursuing some specialties and drive practicing doctors out of some geographic areas.

February 20, 2006

Smoking Guns

by The Law Offices of John Day, P.C.

Do you have a smoking gun not covered by a protective order? The folks at Slate want it. Read about it here.

February 18, 2006

E-Filing In Our Appellate Courts?

by The Law Offices of John Day, P.C.

The Tennessee appellate courts have a proposed rule about electronic filing that has been released for public comment. Read about it here.

February 18, 2006

Plaintiff Loses Retrial of Federal Court Vioxx Trial

by The Law Offices of John Day, P.C.

The jury returned a verdict for the defendant today in the retrial of the first federal court Vioxx trial.

A mistrial was declared the first time the case was tried. This time a New Orleans jury went for the defendant.

The lawyer for the plaintiff said that “the biggest problem was Judge Eldon Fallon’s ruling, shortly before the trial, that two of their experts — a cardiologist and a pathologist — could not testify that Vioxx was to blame for Irvin’s heart attack. They were experts in their fields, but not about Vioxx, the judge ruled.”