The issue of gun control in this country is a highly contentious one. While the right to bear arms is generally undisputed, those weapons do sometimes cause unintentional harm and gun owners can be held liable for injuries in some cases. In 2013, lawmakers in Massachusetts debated a bill that…
The fact of injury is never enough to establish a finding of negligence necessary to make litigation a worthwhile pursuit. In order to establish negligence, one has to prove: A duty owed A breach of duty Proximate cause Compensable injuries It sounds simple, but without any one of these key…
In Hyundai Motor Co. v. Duncan, plaintiff suffered a serious closed-head injury when he lost control of his car. After losing control of the car, he left the road, hit two snow banks, crashed into a large hay bale and ultimately hit a tree on the driver’s side of the…
Martin v. Dematic, a wrongful death case from Supreme Court of Washington, involved plaintiff who was killed by a machine at a paper plant. Decedent’s wife filed a wrongful death and survival action in civil court naming several defendants. One defendant was the company that installed the tissue-making machine that…
Grimes v. Saban is a personal injury case from the Supreme Court of Alabama. Plaintiff and defendant, along with others, were in the kitchen at defendant’s apartment after spending the night a local bar. According to court records, both parties were drinking alcohol at the time of the incident. Plaintiff…
Cope v. Utah Valley State College, a case from the Supreme Court of Utah, involved plaintiff who was a member of a dance team at a state-owned university. She was enrolled in college courses that provided academic credit for participation on the dance team. During a practice session, she was…
Brantley v. City of Horn Lake, an appeal from the Supreme Court of Mississippi, involved plaintiff who cut his forehead while fixing his pickup truck at his home. He called 911, and ambulance drivers arrived to take him to a local hospital. In addition to being a trained ambulance driver,…
Williams v. Peninsula Reg’l Med. Ctr., an appeal heard before the Court of Appeals of Maryland, involved plaintiff who, at age 34, was brought to a local emergency room suffering from suicidal ideation and auditory and visual hallucinations. Plaintiff’s mother brought him to defendant’s hospital in April 2009, where a…
RGR, LLC v. Settle, a case from the Supreme Court of Virginia, involved a plaintiff who was killed while driving a dump truck. Plaintiff drove his dump truck across train tracks at a private railroad crossing, which contained no bells, warning signals, or flashing lights. While on the tracks, he…
Braese, Jr. v. Stinker Stores, Inc., an appeal from the Supreme Court of Idaho, involved a rather unique set of facts. A customer entered the convenience store at a gas station. Store manager permitted customers to bring their dogs into the store because she knew that other area businesses allowed…