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Tag Archives: personal injury

Lawyer-turned-filmmaker fights tort reform (access required)

Hot Coffee 1

The average Joe may have no idea what a tort is, but nearly everyone knows about the woman who got rich from suing a fast-food restaurant over a spilled cup of joe. But trial-lawyer-turned-filmmaker Susan Saladoff says most people don’t know the true story of Stella Liebeck. Now, Saladoff is traveling the country and trying to set the record straight with her documentary film “Hot Coffee.”

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Tort/Negligence – Duty – Off-Campus Fraternity Party – Personal Injury – Party Crasher – Ejection (access required)

Mynhardt v. Elon University Even though the defendant-university and the defendant-national fraternity organization knew that some off-campus fraternity parties were violating university and fraternity rules, these defendants nevertheless owed no duty to plaintiff, an uninvited guest to one of those parties.

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Tort/Negligence – Personal Injury – Premises Liability – Ski Area Operator – No Hidden Dangers – Off-Duty Employee (access required)

Haltiwanger v. Phoenix Ski Corp. A volunteer ski patroller testified that the ski run on which plaintiff was injured contains a “dip” that levels off and that skiers rest there. Since variations in terrain are common on ski slopes, and since skiers are statutorily required to be aware of these variations when skiing, the witness’ deposition testimony fails to establish that the “dip” constituted a hidden or dangerous condition.

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Admiralty – Personal Injury – Arbitration (access required)

Aggarao v. MOL Ship Mgmt. Co. Ltd. A Filipino seaman who suffered devastating injuries while working aboard the Asian Spirit vessel in the Chesapeake Bay near Baltimore must arbitrate his claims against the vessel owner and additional defendants; the 4th Circuit affirms the arbitration decision but vacates the dismissal of the case and remands for reinstatement and consideration of the injunction request and entry of a stay pending arbitration.

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Tort/Negligence – Personal Injury – Auto Accident – Alabama Law – Automobile Guest Statute – N.C. Public Policy – Constitutional (access required)

Mosqueda v. Mosqueda N.C. residents, who were injured in an auto accident in Alabama, are barred from suing the driver because of Alabama’s automobile guest statute. Application of the statute doesn’t offend N.C. public policy or the Equal Protection Clause of the U.S. Constitution. We affirm the trial court’s grant of defendant’s motion to dismiss.

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Tort/Negligence – Personal Injury – Workers’ Compensation – Exclusivity Exception – Co-Worker Horseplay – Principal & Office Assistant (access required)

Trivette v. Yount Even though the defendant-principal hired and supervised the plaintiff-office assistant, for purposes of the Workers’ Compensation Act, defendant was plaintiff’s co-worker. We affirm the trial court’s denial of defendant’s motions to dismiss and for summary judgment.

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Tort/Negligence – Personal Injury – Damages – Medical Expenses – Stipulation – Causation – Civil Practice – Offer of Judgment – Expenses (access required)

Martin v. OSI Restaurant Partners, LLC Even though the parties stipulated “that the past medical expenses of Plaintiff in this case total $110,000.00,” the parties did not stipulate that those expenses were a result of defendants’ negligence. Since defendants presented evidence that only some of those expenses arose out of the accident in defendants’ restaurant, the evidence supports the jury’s award of $5,500 in damages.

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