The Utah Supreme Court has called-out a lawyer who repeatedly violated court orderson a several motions in limine. In Barrientos v. Jones, 2012 UT 33 (June 8, 2012), the trial court granted several motions in limine and held that certain alleged conduct or speculation about the conduct of the decedent…
Day on Torts
Plaintiff’s Lawyer in Dog Bite Case Claims Injury is Worth $30,000,000
Eric Turkewitz, a plaintiff’s personal injury lawyer in New York, wrote about it first. He told us about a plaintiff’s lawyer in New York who sought $30,000,000 for damages to a child who lost part of his ear lobe after a dog bite. Eric was upset because this "courtroom bulldog…
Herpes Verdict Proves Adage May Be True
The $900,000 pain and suffering verdict (which equaled the amount sued for) in a case brought by a woman who contracted herpes after consensual sex with a dentist brings to mind one of best legal articles I ever read about obtaining large verdicts. First, the facts. According to an article…
“They Left A Sponge In Me!”
How often are sponges, towels, pads and other foreign objects left in surgical patients? The Doctor’s Company, a medical malpractice insurer, has shared some information that helps us get an idea of the scope of the problem. The insurer reports that from 2002 through 2011, there were 3,273 surgical claims…
2012 Legislation of Interest to Tennessee Personal Injury Lawyers – Part 2
Tennessee personal injury lawyers know that the Tennessee General Assembly is a far different place than it used to be. The Legislature is determined to change the rules of tort litigation for the benefit of defendants and those who would be defendants. What follows is a second list of legislation enacted…
Tennessee Supreme Court Discusses Federal Preemption and Discretionary Function Immunity Under the GTLA
Rarely have so many resources been spent defending a claim that has a maximum value of $300,000, the cap on damages under the Tennessee Governmental Tort Liability Act. This case already wound its way to the Supreme Court in 2009, with the Court reaching a critical holding on duty…
New Tennessee Opinion on Filing Proof Of Service of Summonses Increases Risk on Plaintiff’s Lawyers
The Tennessee Court of Appeals recently issued an opinion of interest to every Tennessee personal injury lawyer. The Court of Appeals held in a car accident case that a plaintiff who serves a summons by certified mail must file the return receipt “promptly.” The court did not say what “promptly”…
Truisms in Cross-Examination
The Cross-Examination Blog is a good blog to add to your reading list. Written by Ronald H. Clark, the blog is filled within helpful information for personal injury and wrongful death lawyers. The following is from a recent post titled "Truisms in Cross-Examination:" David Paul Jones’s Rules of Cross-Examination (Jones…
Attorney Sued for Failing To Protect Subrogation Interest; Ordered to Re-Pay Trust Account Pending Outcome of Case
A personal injury attorney may be sued in federal court for the failure to pay a subrogation interest subject to ERISA and required to put money back into his trust account pending the outcome of the subrogation fight. So holds the United States District Court for the Northern District of…
Lawsuits Against John Travolta Are Foolish
John Travolta, one of the better known actors in the world, has been hit with two lawsuits alleging that he engaged in sexual misconduct. The allegations come from two masseurs who, so far, have refused to reveal their names. In one case, the masseuse claims that Travolta solicited sexual conduct…