Day on Torts

December 16, 2005

Florida Supreme Court Decides Fee Waiver Issue

As I have mentioned in some past posts (the most recent one can be read here) the voters of Florida passed a constitutional amendment one year ago that severely limited the amount of attorneys’ fees in medical negligence actions. Lawyers who believed that a case was valid but who could not afford to prosecute it then asked clients if they would waive the fee cap and, presumably, had them execute a knowing, valid waiver.

Some lawyers with ties to the medical industry then asked the Florida Supreme Court to order that the Florida Bar adopt a ruling prohibiting such conduct.

The Florida Supreme Court ruled Wednesday. It held that an attorney must advise a potential client of the fee cap and that a client may knowingly and voluntarily waive the cap. It directed the Florida Bar to adopt appropriate rules. See the Order here.

December 15, 2005

Federal Vioxx Trial

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

One juror says that the jury was split 8-1 in the first federal Vioxx trial – for the defendant. Read more here.

December 15, 2005

Minimizing Damages

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

Here is an article written by a trial consultant for defendants about how to minimize damages in significant cases.

Very interesting.

Thanks to David Swanner for telling us about it. I would recommend you check David’s blog every day; I do.

December 14, 2005

Ex-Priest Lawsuit Settled

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

Some of you know that I have been involved in litigation against the Roman Catholic Diocese of Nashville for the past 6 years, suing it on behalf of two young men (and the mother of one) for outrageous conduct arising out of the abuse of the young men when they were teenagers.

The case was filed in January of 2000, lost on summary judgment in June 2001 shortly before trial, and lost again in the Tennessee Court of Appeals. The Tennessee Supreme Court reversed and remanded; read the opinion here.

The case was set again for trial March 13, 2006 and settled in the late afternoon on Saturday, December 10. Read about the settlement here.

December 14, 2005

Car Accidents: Location, Location, Location

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

Here is some interesting information on the realtionship between where people live and their tendancy to be involved who tend to be in car wrecks.

A sample: “People who live within one mile of a church are 10 percent less likely to have an accident resulting in a property damage claim than if they lived one more than one mile from the church.”

December 14, 2005

Off Topic – The Daily Show

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

Ok – if you didn’t see Stewart poke a little fun at Ford Motor Company last night go to Crooks and Liars and watch the video.

December 14, 2005

Tazer Litigation

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

Deaths caused by Tazers have been in the news in Nashville lately, and a products trial concerning the device has started in Arizona.

According to the article some 35 claims are pending against the company.

Vioxx Trial – Wrap Up

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

Here is an article that wraps up the first federal court Vioxx trial. The case will be re-tried in a few months.

December 13, 2005

Rule 35 Evaluations

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

One of the plaintiffs in this case (Kelly) was injured in a car wreck and had “soft tissue” injuries. The defense sought and was granted a Rule 35 examination by a doctor of its chosing. The doctor opined that the plaintiff “was magnifying her symptoms and neuropsychological testing/MMPI should be considered to assist in determining the level of symptom magnification.”

The defense asked for a neuropsych evaluation and the court granted it over plaintiff’s objection. Plaintiffs were permitted an interlocutory appeal.

Rule 35 examinations may be ordered for good cause shown when physical or mental condition has been put in controvery. The plaintiffs argued that the defendant “failed to affirmatively show that [the subject plaintiff] has put her mental condition in controversy and that [the defendant] has good cause for requesting her to undergo neuropsychological testing.”

December 12, 2005

Car Wrecks and Teenagers

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

My daughter is 14 and is very excited about getting her driver’s license. The idea terrifies me like it does most parents.
Here are some statistics about car wrecks and teenagers that will not do you much good at the office but may help you talk about safe driving with your teenager.