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13 Jul 2008, 3:36 pm
On appeal, Fell raised a series of challenges to the death sentence, all of which the court of appeals rejected.Jury SelectionFell's primary complaint was that the district court improperly rejected for cause three potential jurors who were in fact qualified to serve. [read post]
17 May 2017, 12:34 pm by Neumann Law Group
A 12-year-old severely injured by a 75-foot tree that fell on his tent while he was camping sued PG&E, which owned and maintained a power line in the San Mateo County Memorial Park. [read post]
10 Jul 2018, 7:29 am by Neumann Law Group
She stopped at a self-serve carwash to wash it, and as she was washing it she slipped and fell on ice. [read post]
26 May 2023, 8:00 am
And on appeal, the Appellate Division, First Department, agreed with that assessment.Given that the defendants claimed that the panel to the ice machine fell while Z.M. was unscrewing it, while Z.M alleged that the panel was already “unsecured” and fell on her when she went to open it, the AD2 concurred that the conflicting recitation of what transpired “raised issues of fact and credibility,” including about whether the defendants “created… [read post]
26 May 2024, 11:00 pm
REASONS GIVEN FOR FALL WERE "SPECULATIVE" IN NATUREAfter A.L. tripped and fell on a walkway owned by GNY, LLC, a personal injury lawsuit was filed.When the Queens County Supreme Court ended up siding with the owner and dismissed the case, an appeal followed.On its review, the Appellate Division, Second Department, noted that the plaintiff was unable to show how she fell and what caused her fall. [read post]
26 May 2024, 11:00 pm
REASONS GIVEN FOR FALL WERE "SPECULATIVE" IN NATUREAfter A.L. tripped and fell on a walkway owned by GNY, LLC, a personal injury lawsuit was filed.When the Queens County Supreme Court ended up siding with the owner and dismissed the case, an appeal followed.On its review, the Appellate Division, Second Department, noted that the plaintiff was unable to show how she fell and what caused her fall. [read post]
7 Aug 2022, 11:30 am by Giles Peaker
Comment Apparently, the Court of Appeal declined to hear a leapfrog appeal in this case as the issue was by then academic. [read post]
21 Mar 2011, 1:58 pm by Goldberg Segalla LLP
(New Mexico Court of Appeals, March 9, 2011) This environmental coverage dispute arose from claims that plaintiff policyholder, United Nuclear Corp. [read post]
8 Sep 2014, 10:00 pm
The employer took the position that it should not be responsible for paying TTD benefits when it made a job available that fell within the physical limitations assigned by the treating physician but then the employee basically got himself fired. [read post]
15 Feb 2018, 7:17 am by Arfaa Law Group
The Court of Appeals of Maryland disagreed with the lower courts, explaining that the plaintiff’s first complaint that she fell from the bed did not claim a “medical injury” within the HCA. [read post]
20 Oct 2022, 11:44 am by Friedman, Rodman & Frank, P.A.
Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal from the United States District Court for the Southern District of Florida involving a negligence claim by a plaintiff against a cruise ship operator following an injury on the ship. [read post]
4 Aug 2010, 5:25 am by Lucas A. Ferrara, Esq.
When the New York County Supreme Court dismissed some of his claims and granted only partial relief in his favor, Cardenas appealed. [read post]
6 Jul 2009, 9:00 am
., Eileen Burke was exiting Canyon Road Restaurant when she missed a step and fell. [read post]
21 Apr 2011, 5:25 am by Lucas A. Ferrara, Esq.
When the Suffolk County Supreme Court denied a request to have the case thrown out, the Town appealed. [read post]
3 Feb 2010, 5:25 am by Lucas A. Ferrara, Esq.
Devorah Meisels sued Lucille Roberts Health Clubs after she fell while using an exercise step. [read post]