Trip hazard teaches Mississippi school district a lesson on the limits of government immunity  School district held liable for trip and fall caused by unrepaired raised electrical conduit. Natchez-Adams School District v. Bruce, (Court of Appeals of Mississippi; No. 2012-CA-00147-COA; September 9, 2014). In Natchez v. Bruce, the plaintiff, Tina Bruce tripped over a conduit […]

Third DCA Rules that New Parties May Not Serve Proposals for Settlement until Ninety Days after Being Joined to the Lawsuit Design Home Remodeling Corp. v. Santana, et al., 39 Fla. L. Weekly D1862A (Fla. 3d DCA 2014). Sixty days after Plaintiffs, Rene Santana and Maritza Torres, filed an amended complaint alleging premises liability against […]

Appealing a punitive damage award after intentionally defrauding another? Court says don’t waste your breath… Court focuses on reprehensibility of Defendants’ conduct in affirming a punitive damage award that was three times greater than the compensatory damage award.

PREMISES LIABILITY: Foreseeability Sinks Boaters’ Lawsuit Enjoying a night on the lake and while at anchor, boaters were injured when struck by a second speeding boat. However, the property owner’s association (POA) that owned the lake had no liability for injuries caused by third-parties, since the POA had no reason to anticipate the accident. Dedeaux […]

Shine Some Light On It:  The Relationship Between Doctor And Referring Lawyer Cannot Be Hidden. Discovery of the relationship between the treating physician and law firm is not limited to just the referring law firm.  The Fourth District Court of Appeals recently ruled against a non-party medical doctor who sought a writ of certiorari to […]

Transfer of Venue Pursuant to Forum Non Conveniens Doctrine State’s high court bolsters prior opinions that residence of Defendant alone is insufficient to overcome objection to venue.  Ex parte Elizabeth A. Morton. PETITION FOR WRIT OF MANDAMUS (In re: Annie P. Watkins v. Elizabeth A. Morton) (Greene Circuit Court: CV13-900042). The Alabama Supreme Court recently […]

Duty to Warn Under Alabama law, a plaintiff claiming personal injury from a generic drug may have a cause of action for fraud or suppression against the drug company that manufactured the brand name drug. Does this mean that the Alabama Supreme Court has broken down traditional tort concepts of foreseeability and reliance, or flung […]

Randall: Survival of Loss of Consortium Claim Valladares: Non-liability for Reporting Criminal Activity Maddox: Court To Specify Scope of Psychological Exam Barber: Limited Jurisdiction in UM Case Conflict Remains Between the Fifth DCA and the Third DCA as to Whether a Loss of Consortium Claim Survives the Death of the Allegedly Injured Spouse. The Fifth […]

Bennett: Landlord Duty in Home Invasion Charter Oak: Waiver of Right to Subrogation Ashmore: Dismissal Based on False Testimony Broome: Six-Year Statute of Limitations for Magnuson-Moss Act Claim   Mississippi Landlord’s Duty To Keep Premises Reasonably Safe In Home Invasion Context:  Foreseeability Based On Atmosphere Of Violence Within Apartment Complex Nekole Bennett, et al, v. […]