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Nebraska Association of Trial Attorneys
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  April 20, 2018

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Laws/Cases

 
Pa. Court Says Skiing Is 'Inherently Dangerous,' Dismisses Injury Lawsuit
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A Pennsylvania court has blocked a lawsuit over a skier's injury, stating that the sport is "inherently dangerous." On Thursday, the state Superior Court panel upheld a lower court's decision to dismiss the lawsuit. The complaint was filed by a skier who suffered a fractured leg at Blue Knob Resort and alleged that he was not properly warned of the risks associated with skiing at the resort. The lawsuit was previously dismissed by Bedford County Judge Travis W. Livengood.
Matt Miller, PennLive.com 04/19/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: PennLive.com    

More Nassar Victims File Suit Over Sexual Abuse
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On Thursday, a number of alleged sexual abuse victims filed suit against former USA Gymnastics doctor Larry Nassar. The lawsuit was filed in Harris County, Texas, and alleges that multiple women, ranging from age 14 to age 41, were sexually abused by Nassar while he was employed at Michigan State University and working as the USA Team Gymnastics doctor. Nassar has been accused of touching more than 260 patients inappropriately. USA Gymnastics has been accused in the lawsuit of failing to inform the victims' families, the U.S. Olympic Committee, Michigan State University, and law enforcement agencies of the abuse.
Staff Report, KTRK-TV 04/19/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: KTRK-TV    


Products

 
Polaris Recalls Phoenix 200 ATV Over Crash Hazard
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A recall has been issued on Polaris Phoenix 200 all-terrain vehicles (ATVs) due to a crash hazard. As stated in the recall, "The throttle limiter can fail due to damage during shipping, posing a crash hazard." About 5,600 vehicles sold at Polaris dealers nationwide from July 2013 through April 2018 have been included in the official recall. There have been nine reports of a damaged throttle limiter, including one failure that resulted in minor injuries.
Staff Report, PR Newswire 04/19/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: PR Newswire    


Malpractice

 
New Mexico Strikes Down Damages Limit on Medical Malpractice Suits
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A New Mexico court has struck down a state law that limits the amount of money a plaintiff can receive in a civil medical malpractice lawsuit to $600,000 in damages. Judge Victor Lopez of the 2nd Judicial District Court in Albuquerque ruled that the Legislature was acting outside of its authority when it enacted the New Mexico Medical Malpractice Act. According to Lopez, the law, which has been in effect since the 1990s, restricts the plaintiff's "right to receive an unaltered jury verdict."
Marie C. Baca, Las Cruces Sun-News 04/28/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Las Cruces Sun-News    


Wrongful Death

 
Kansas Parents Sue After Infant Dies At Day Care
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The parents of a Kansas infant who died after suffering injuries at a home day care center have filed a wrongful death lawsuit. The lawsuit was filed against a couple who ran Sunshine Kids Group Daycare Home out of their house. The child was found unresponsive in Sept. 2016 and paramedics were unable to revive him. A coroner ruled that the cause of death was blunt force trauma to the head and torso. An additional employee of the day care center was charged in April 2017 in Douglas County District Court with first-degree murder for allegedly causing the injuries.
Sara Shepherd, Lawrence Journal-World 04/19/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Lawrence Journal-World    

Wisconsin Court Allows Lawsuit Against Gun Website Over Mass Shooting Death
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A Wisconsin court has ruled that a mass shooting victim's daughter can file suit against the operator of a firearms classified ad website from which the killer illegally bought his gun. On Thursday, the three-judge panel of the Wisconsin Court of Appeals ruled that the lawsuit over the plaintiff's mother's death in 2012 against the website could proceed. According to the court, a federal law protecting website operators from liability for user content did not apply to Armslist LLC, the operator of Armslist.com.
Tina Bellon, Reuters 04/19/2018   Facebook iconTwitter iconLinkedIn Icon
Read Article: Reuters    



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