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LawyersUSA - Personal Injury and Tort Law News
LawyersUSA - Personal Injury and Tort Law News

• Health club can't be sued for stair machine injury
  A health club was not strictly liable for injuries caused by an allegedly defective stair step machine, the California Court of Appeal has ruled in affirming a summary judgment.
• Good Samaritan may be held liable for injury
  A state Good Samaritan law does not bar a negligence claim against an individual who allegedly injured the plaintiff by removing her from her vehicle after an accident, the California Supreme Court has ruled.The decision affirms a 2007 ruling from the California Court of Appeal.
• State Medicaid subrogation statute complies with federal law
  A state law authorizing subrogation of a Medicaid recipient’s tort settlement complies with federal Medicaid law, the North Carolina Supreme Court has ruled.
• Soccer spectator can sue
  A spectator struck in the head by a soccer ball can sue the soccer league, the North Carolina Court of Appeals has ruled in reversing a trial court.Click here for the opinion. More personal injury features. 
• Bone graft death to be reported to FDA
  Medical device maker Medtronic Inc. plans to notify the Food and Drug Administration about a California woman’s death, which was allegedly caused by its Infuse Bone Graft.On Dec. 2, the family of Shirley Nisbet filed a lawsuit in Los Angeles against Medtronic, alleging that complications during her cervical spine fusion were caused by the device. Nesbit went in for neck surgery on August 21, and died nine days later.
• AAJ: Accident demonstrates railroad reg flaw
  The AAJ said yesterday’s massive freight train accident in Minnesota highlights the problem with a regulation being pushed through in the last days of the Bush administration that would limit the ability to seek civil damages from railroad operators.Read the TSA rule.
• Tobacco verdict thrown out
  A smoker’s family cannot succeed in its claim that a tobacco company’s cigarettes were negligently designed without presenting evidence that an alternative design would have been acceptable to consumers, New York’s highest court has ruled.
• County not immune from suit over Taser death
  A county can be sued under §1983 by the parents of a 20 year-old who died shortly after being Tasered twice, a U.S. District Court in Maryland has ruled in reversing a previous dismissal of the case.See also: Plaintiffs' lawyers taking aim at TASER See also: TASER to pay $6.2 million in stun gun death
• Injured volleyball player can sue neighbor
  The assumption-of-the-risk doctrine does not bar the claim of a 13-year-old who broke his arm when he tripped over a line securing a volleyball net in a neighbor’s yard, the California Court of Appeal has ruled in reversing a trial court.
• Hospital liable for discharging ER patient
  A hospital could be liable under federal law for discharging an emergency room patient who subsequently died at home from peritonitis caused by a ruptured ulcer, the Kentucky Court of Appeals has ruled.His family sued the defendant for medical malpractice.