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Widener Univ. School of Law

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Friday, January 30, 2009

Personal Injury Roundup No. 22 (1/30/09)

We had yet another snow day in Massachusetts, and I'm about ready for spring.  Alas, I still have to wait.

But we've got our roundup to keep us warm...

Reform, Legislation, Policy

New Lawsuits

  • Family of man killed in Wal-Mart stampede files suit (NY Injury Talk)
  • Peanut butter lawsuit filed (MSNBC)
  • Suit against Detroit police for alleged assault also contends that the police offered Target and Wal-Mart gift cards to keep quiet (DetNews.com)

Trials, Settlements & Other Ends

  • $76 million -- probably almost completely noncollectable due to defendant's Chapter 7 bankruptcy -- for injuries after diving into a river on a dare (Overlawyered, New York Injury Cases Blog)
  • Molestation lawsuit settled for $750K (Hartford Courant)
  • Suit against homeowner for shooting home invaders settled (it might have been a dispute over a drug deal) (PressDemocrat.com)

Appeals

  • "Palpably unreasonable" right standard for woman injured after being locked in cemetery (NJ Supreme Court [PDF])
  • Cheerleading is a contact sport (Sports Law Blog)
  • Outdated Whois entry leads to possible false light claim (Goldman)

Miscellaneous

--BC

http://lawprofessors.typepad.com/tortsprof/2009/01/personal-inju-2.html

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Comments

The descriptions of the diving into the river case by Overlawyered and the NY Injury Cases blog leave out two facts that may make the finding of negligence by the defendant more plausible:
(1) The defendant was not the owner of the dock but the employer of the plaintiff and the general contractor for work being done on the dock.
(2) The plaintiff's boss as well as fellow employees allegedly goaded him into jumping into the water (and, as you report, the defendant did not put up any defense).
See http://www.orlandosentinel.com/news/local/state/orl-lawsuit2309jan23,0,1704148.story

[BC notes: thanks for the additional link, Richard.]

Posted by: Richard Wright | Jan 30, 2009 8:11:28 AM

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