David J. Pfahler, 60, is suing for $75,000 over a negligent skier who he claims dislocated his shoulder and caused a rotator cuff tear. Sounds like a standard case of a burgeoning number of ski torts. However, the accused in his case is Scott Swimm, a boy who was seven years old at the time. It is only the latest tort case that will explore the liability of a minor. Continue reading “60-Year-Old Sues 7-Year-Old for Skiing Accident In Vail”
Category: Torts
Former major leaguer Jim Leyritz was arrested Friday on charges of driving under the influence and killing a driver after his car crashed into 30-year-old Fredia Ann Veitch. Continue reading “Major Leaguer Jim Leyritz Faces Criminal Charges — and Civil Liability — for Alleged Fatal DUI Accident”
In an important ruling, the Seventh Circuit overturned a $156 million award against the Holy Land Foundation charity for their alleged involvement in the terrorist death of 17-year-old David Boim, an American teenager killed in the West Bank. Continue reading “Federal Court Overturns Verdict Against Holy Land Foundation: Parents Must Show Link Between Fund-Raising and Terrorist Attack that Killed Son”
Larry Green’s nightmare in 2005 only began when he was struck by a car while crossing a highway. After he was mistakingly declared dead, he was put into a body bag and sent to the morgue — only to be discovered as alive hours later. His family is now suing the state. Remarkably, this is not a unique case. Continue reading ““Resurrected” Man Sues North Carolina Medical Officials for Sending Him to Morgue in Mistaken Death Case”
The legal status of the San Francisco Zoo appears to be worsening. The zoo’s director admitted on Thursday that a wall that separated the public from the zoo’s tigers is nearly 6 feet lower than initially reported — and nearly 4 feet lower than industry standards. In the meantime, the father of the teen killed by the tiger has accused of the zoo of negligence. Continue reading “San Francisco Zoo Facing Growing Allegations of Negligence in Tiger Killing and Maulings”
The deadly tiger attack in San Francisco has become more sinister as experts reject a claim by a Zoo officials that the Siberian Tiger leap out of his enclosure. Human involvement would complicate the case against the Zoo, though a human release could cut both for and against greater liability for the Zoo. Continue reading “Deadly Tiger Attack Now Crime Case as Police Investigate Possible Human Involvement in Release”
A Siberian Tiger escapes from its cage in the San Francisco zoo and killed one zoo visiter and mauled two others. It is a case that will likely lead to litigation, but the plaintiffs could face some special rules for zoo liability. However, this is not the first time for either the zoo or this particular tiger, which attacked someone in 2006. Continue reading “Zoo Tiger Escapes Kill One and Mauls Two in San Francisco — Roughly One Year After Prior Attack”
Much in the Jewish faith was passed down by an oral tradition. However, this rabbinical tradition hit legal technicalities in a defamation suit filed by Rabbi Pinchas Lipner and the Hebrew Academy of San Francisco against San Francisco philanthropist Richard Goldman, the Jewish Community Federation and the University of California Regents. The California Supreme Court says that it is one defamation claim that will have to be heard by the court of public opinion rather than a court of law. Lipner missed a one-year statute of limitation and the Supreme Court refused to extend that period. Continue reading “Rabbi and Orthodox School Lose Libel Lawsuit in California”
Lessons of the holiday abound. On the nice list is Chad McMaster who gave part of his liver to his grandmother, Patricia Middleton. On the naughty list, is Misty Johnson who , 34, was arrested and charged with aggravated assault and battery after stabbing her husband in the chest for reportedly opening his gift early. Then there is a spate of Santa gropings and attacks –which would go into the naughty category. Continue reading “Christmas Do and Don’ts: Giving Liver (Good); Opening Gift Early (Bad)”
With the conviction of John White in New York for the killing of a teen on his lawn and the possible indictment of Joe Horn in Texas for killing two burglars on his lawn, the national debate over the so-called Castle Doctrine or Make My Day laws is intensifying. Continue reading “Chilling Tape of Texas Homeowner Killing Two Men in Texas Re-Ignites National Debate over the Castle Doctrine and Make My Day Laws”
Dr. Adam Hansen, chief resident of general surgery, has been fired after he admitted that he took a picture of a patient’s penis during surgery. Strip club owner Sean Dubowik has a tattoo at that stop that reads: “Hot Rod.” Continue reading “Mayo Doctor Fired for Photographing Patient’s Penis During Surgery”
In a ruling that will surprise many public health officials, the Ninth Circuit has upheld an arbitration decision that found that nurses at Virginia Mason hospital in Washington could not require that nurses receive flu shots as a condition for employment — a victory for the Washington State Nurses Association. It will likely be a concern for public health officials planning for pandemic and other risks, particularly given the court’s recognition of the strong public health reasons for the rule. Continue reading “Federal Court Rules that Nurses Cannot be Required to Have Flu Shots”
The Ohio Supreme Court has handed down an important ruling on the right (or lack thereof) of surrogate mothers. Danielle Bimber was accused of breaking her surrogacy contract with James Flynn and his partner Eileen Donich, when she decided to keep the triplets conceived with Flynn’s sperm and Donich’s implanted egg. Continue reading “Surrogate Mother Loses Ohio Appeal for Triplets: Court Rules No Egg, No Claim”
In one of the most bizarre stories of the year, staff members at the Judge Rotenberg Education Center in Boston received a prank call that ordered an excessive level of electric shock treatments for two two emotionally disturbed teenagers — and proceeded to do so based on the telephone call. Continue reading “Seven Staff Members Fired After Giving Teens Electric Shocks Following Prank Call”
In what could be an interesting torts case, the respected Mayo Clinic is facing a lawsuit over the bizarre act of Dr. Adam Hansen, chief resident of general surgery, who took a picture of a patient’s penis during surgery. Strip club owner Sean Dubowik has a tattoo at that stop that reads: “Hot Rod.” Continue reading “Respected Mayo Clinic Doctor Facing Lawsuit for Photographing Patient’s Private Parts”