Category: Personal Injury/Wrongful Death

Seventh Circuit pulls back on Daubert expert witness exclusions

Stollings vs. Ryobi Technologies (7th Cir, August 2, 2013) involves a product liability suit for faulty design in which the Plaintiff sustained injuries on a power saw. Plaintiff planned to offer expert testimony from an academic named Graham that the installation of: “… automatic braking technology on all power saws would be socially beneficial because …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/seventh-circuit-pulls-back-on-daubert-expert-witness-exclusions/

Appeals Court Rules that “Size Matters”

A recent decision by the Georgia Court of Appeals in the matter of Monitronics v. Veasley upheld a multi-million dollar jury award to an alarm company customer who suffered an in-home assault.  The alarm company argued that their contract included a $250 limitation of liability for any service related losses.  The Appeals Court, in a …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/appeals-court-rules-that-size-matters/

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

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Permanent link to this article: http://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/

Medical Device Manufacturers May be Fighting More Personal Injury Lawsuits in the Near Future

The 2008 Supreme Court ruling in Riegel v. Medtronic held that if a medical device passed the Food and Drug Administration’s (FDA’s) safety review and received premarket approval, federal law barred common-law state claims that challenge the device’s saftey and effectiveness or whether it was being marketed consistent with FDA premarket approval.  Since this ruling, some …

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Permanent link to this article: http://betweenthenumbers.net/2013/06/medical-device-manufacturers-may-be-fighting-more-personal-injury-lawsuits-in-the-near-future/

Consideration of Taxes in a Lost Earnings Calculation

Considering taxes in a lost earnings calculation related to personal injury matters may materially alter the damages amount.  In the well-known 1980 Supreme Court case, Norfolk & Western Railway Co. v. Liepelt, the Court ruled that courts should consider taxes and calculate lost earnings net of income taxes.  The Court’s rationale was that the damage …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/consideration-of-taxes-in-a-lost-earnings-calculation/

$500K in Damages Claimed from Refusal to Use Technology Fallout

In this day and age, technology is surrounding us everywhere and being used by everyone from kids to seniors.  Technology is now being used on airplanes as well to communicate with flight attendants. ABC News, along with other sources, reports that a passenger recently refused to use new airline technology on a Virgin America flight …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/500k-in-damages-claimed-from-refusal-to-use-technology-fallout/

Law and Economics Unite for the Greater Good? In Theory, but Maybe Not in Practice.

A fifth U.S. Circuit Court of Appeals recently upheld Mississippi’s $1 million cap on what Plaintiffs can recover for pain and suffering (aka non-economic damages) in personal injury cases with pharmaceutical product liability.  The jury initially awarded Plaintiff, Ms. Learmonth, a total of $4 million for injuries suffered from a car crash with a Sears …

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Permanent link to this article: http://betweenthenumbers.net/2013/04/law-and-economics-unite-for-the-greater-good-in-theory-but-maybe-not-in-practice/

Lost Compensation Settlement Tool Allows You to Assess Economic Damages Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts are often employed to calculate lost compensation because of their unique background/skill set.  However, the desire to minimize costs means that these experts are often employed after settlement efforts …

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Permanent link to this article: http://betweenthenumbers.net/2013/03/lost-compensation-settlement-tool-allows-you-to-assess-economic-damages-accurately-and-efficiently/

Personal Injury Lawsuits Against NFL Will Increase if Junior Seau’s Family is Successful

With the SuperBowl coming up next weekend and many players suffering from some sort of injury sustained during the season, the recent wrongful death lawsuit filed by the family of former pro football star Junior Seau may be getting more media coverage than usual.   Junior Seau retired from pro football in 2010 and committed suicide …

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Permanent link to this article: http://betweenthenumbers.net/2013/01/personal-injury-lawsuits-against-nfl-will-increase-if-junior-seaus-family-is-successful/

How much money would Hulk Hogan make for the rest of his life?

If Hulk Hogan successfully proves his medical malpractice lawsuit against the Laser Spine Institute, we should find out the answer. Mr. Terry Bollea (aka Hulk Hogan) recently filed a lawsuit which alleges, among other things, that the Laser Spine Clinic performed unnecessary surgeries on Hulk Hogan over an 18-month period.  Hulk Hogan alleges these excessive …

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