In Donahue v. Ledgends, Inc., an appeal argued in the Supreme Court of Alaska, a woman broke her tibia during a class at a rock climbing gym. According to court records, she fell about four feet from a bouldering wall and broke her leg. The gym required her to read…
Boston Personal Injury Attorney Blog
McCormick v. Chippewa: The Personal Injury Settlement Offer as a Contract
In McCormick v. Chippewa, Inc., the plaintiff was working on an Alaskan commercial fishing boat when he injured his back pushing a net reel. He was given an over-the-counter pain medicine as the sole treatment for his injuries. Later that same evening, he went to bed, and, due to rough…
Durban v. Waverly Sales Company: Assumption of Risk in Negligence Actions
Durban v. Waverly Sales Company, an appeal argued before the U.S. Court of Appeals for the Eighth Circuit, involved a woman who attended a horse auction with her husband. The arena was set up in such a way that there were bleachers erected around the show floor. The plaintiff and…
Lee v. Smith & Wesson Corporation: Admissibility of Expert Testimony in a Personal Injury Case
Our Boston personal injury lawyers know rules of evidence can lead to complex litigation. In Lee v. Smith & Wesson Corporation, the plaintiff was injured while shooting target practice with his revolver manufactured by the defendant. The plaintiff fired two shots without incident and, on the third shot, was severely…
Partenfelder v. Rohde: On Federal Preemption in Negligence Actions
Our Boston personal injury lawyers know such cases require a thorough understanding of both state and federal negligence law. In Partenfelder v. Rhode, a case heard in the Wisconsin Supreme Court, a freight train hit a minivan. According to the record, the local police department sent a letter roughly two…
Three-Year-Old Girl Killed by Store Security Gate
Our Boston personal injury lawyers know storeowners who do not properly inspect and maintain their premises may subject themselves to a negligence lawsuit. According to recent story from CBS, a security gate at a Philadelphia Italian ice store killed a three-year-old child. Authorities are reporting that an accordion-style metal gate…
Wilkinson v. East Cooper Community Hospital: On Tolling the Statute of Limitations
Our Boston personal injury lawyers know the statute of limitations is always a major concern in the timing of filing a negligence action. In Wilkinson v. East Cooper Community Hospital, an appeal heard in the South Carolina Supreme Court, the plaintiff was admitted to the defendant hospital in 2008 to…
Fellowship of Christian Athletes v. Ironshore Specialty Ins.: On Defendant’s Suing their Own Insurance Companies
Our Boston personal injury lawyers know insurance cases involving defendants with multiple insurance companies may result in additional litigation. In Fellowship of Christian Athletes v. Ironshore Specialty Ins., a case heard in the U.S. Court of Appeals for the Eight Circuit, two boys attended a youth sports camp operated by…
Duty of Care in a Traumatic Brain Injury Lawsuit
Our Boston personal injury lawyers know cases involving injuries to children can be especially hard on families. According to a recent story from News10.com, the family of a ninth grade student at a school in Hialeah, Florida filed a negligence lawsuit against an event company. The girl was attending Spirit…
Demag v. Better Power Equipment: On Premises Liability Actions and the Duty of Care
Our Boston fall injury lawyers know premises liability law in Massachusetts is distinct from many other states. In Demag v. Better Power Equipment, an appeal heard by the Vermont Supreme Court, the plaintiff worked at a car dealership. One of the services offered by the dealership was that they would…