The Supreme Court of Florida recently issued an interesting opinion. In Williams v. Davis, No. SC05-1817 ( Fl. S.Ct. Nov. 21, 2007) the Court initially notes that "all property owners owe a duty … not to permit the growth of foliage on their property to extend outside the bounds of…
Pharmacist persuades a female customer to stay over night at his house. When his wife is gone. Girlfriend is unaware he has a wife and, indeed, is told to the contrary. Wife appears at an inopportune time. Fight ensues. Girlfriend gets hurt. Lawsuit follows. Girlfriend seeks to hold wife and husband responsible…
i wrote several weeks ago about the lawsuit Robert Bork filed against the Yale Club. I mentioned that the some issues I had with the suit, including the request for punitive damages. Eric Turkewitz wrote a much better post than I. As a New York personal injury lawyer, he wrote…
The Tennessee General Assembly has passed a new dog bite liability statute, known as the "“Dianna Acklen Act of 2007”. Section 44-8-413. (a) (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at…
In Lane v. Atchison Heritage Conference Center, Inc., No. 94634 (March 16, 2007), the Kansas Supreme Court held that "mmunity from liability under the recreational use exception to the [Kansas Tort Claims Act] does not depend upon the "primary use" of the property but rather depends on the character of…
The Tennessee Supreme Court has issued an opinion in Bennett v. Trevacca Nazarene University. The summary: "We accepted this appeal of a premises liability case to determine whether the “independent contractor rule” adopted in Blair v. Campbell, 924 S.W.2d 75 (Tenn. 1996), relieves a premises owner from liability when a premises…
The Sixth Circuit Court of Appeals has affirmed a verdict in a case where a bus driver was attacked by a knife-wielding passenger, resulting a bus crash that resulted in several injuries and the death of the bus driver. A trial resulted in a verdict for the plaintiff passenger. First,…
The Oregon Supreme Court has ruled that a state recreational use statute does not bar a claim by a plaintiff who was injured while crossing the defendant’s land after engaging in recreational activity on an adjacent property. The facts: "Plaintiffs and their families drove on Highway 6 to a paved…
The South Carolina Supreme Court has ruled that a spectator at a hockey game may not sue when he is hit in the face by a puck, and cited Tennessee law in reaching its conclusion. The South Carolina Court said: "Primary implied assumption of risk arises when the plaintiff impliedly…
Did Burger King have a duty to design its stand-alone restaurant in such a way to protect its in-house dining customers from being struck by a car that came through the building’s wall? The Illinois Supreme Court addressed this problem in the case of Marshall v. Burger King Corporation, Docket No.…