News
[03/10]
Feds probe Toyota Prius crash in NYC suburb
[03/10]
CDC uses shopper-card data to trace salmonella
[03/10]
Workers stuck on open drawbridge in Fla. rescued
[03/09]
SUV backs into Mich. school; 6 students injured
[03/09]
Superintendent accidentally fires gun during class
[03/09]
Park, slain trainer's family want video suppressed
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Articles
Wrongful Death Actions
Wrongful death claims are actions for damages stemming from a decedent’s death due to the negligent action or omission of another. The deceased person’s surviving relatives may bring a wrongful death suit seeking monetary damages to compensate for the loss of their loved one. Family members may also bring additional claims, depending on the circumstances, for elements such as loss of companionship. Each jurisdiction has its own statute regarding wrongful death claims, and those rules may differ from state to state. For this reason, it is important to speak to an attorney in your jurisdiction who is knowledgeable in wrongful death actions to learn about the laws in your state.
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Who is Responsible for Injuries Stemming from a Sexual Assault?
As the victim of a sexual assault, you may have civil claims against more than one party. It depends on the circumstances surrounding the assault. You may have a claim for compensation against the assailant, the assailant’s employer or another individual. The injured party (male or female) may have a personal injury claim for damages sustained as a result of suffering a sexual assault. To prove a personal injury claim, the victim must show he or she was sexually assaulted by the defendant (assailant) and was injured as a result (physically or emotionally injured). It must also be shown that the defendant caused the plaintiff’s injuries, either intentionally or due to negligence.
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Case Summaries
[03/10]
Primiano v. Cook
In an action against the manufacturer of an artificial elbow, summary judgment for defendant is reversed where the exclusion of plaintiff's expert's evidence was error as plaintiff's expert, with a sufficient basis in education and experience, testified that the artificial joint "failed to perform in the manner reasonably to be expected in light of its nature and intended function," which was enough to assist a trier of fact.
[03/10]
Fortis Corp. Ins. SA. v. Viken Ship Mgmt. AS
In a maritime shipping case involving a claim for rust damage to steel coils caused by exposure to seawater during a journey from Poland to Ohio, judgment of the district court is affirmed where: 1) a ship manager charged with providing a Master, officers and crew, and performing various other ship-management tasks for the shipping vessel does not qualify as a "carrier" under the Carriage of Goods by Sea Act (COGSA), and thus the COGSA's one year-statute of limitations does not bar the underlying suit; and 2) defendant's claim that the district court's finding of negligence was based on clearly erroneous factual findings is rejected.
[03/10]
Cameron v. N.Y.
In an action for false arrest and malicious prosecution, judgment for defendant-officers is reversed where: 1) prosecutors' opinions as to probable cause and complaining officers' credibility are irrelevant in virtually all cases involving claims of malicious prosecution; and 2) the introduction of such evidence was not harmless because it provided strong external validation for propositions that otherwise would have come in only from the defendants' mouths.
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