• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Tag Archives: Personal Injury

Seventh Circuit Rules On The Weight Of Scientific Evidence.

02 Monday Nov 2015

Posted by Celia C. Elwell, RP in 7th Circuit Court of Appeals, Evidence, Insurance Defense, Litigation, Personal Injury, Product Liability, Torts

≈ Comments Off on Seventh Circuit Rules On The Weight Of Scientific Evidence.

Tags

Brian O'Connor Watson, Causation, Neil Loyd, Personal Injury, Product Liability, Product Liability & Mass Torts Blog, Robert H. Riley, Scientific Evidence, Toxic Torts

Seventh Circuit Ruling On Scientific Evidence Closes Some Doors But Opens Others, by Robert H. Riley, Neil Loyd, and Brian O’Connor Watson, Product Liability & Mass Torts Blog

http://tinyurl.com/nmjffed

Exposure to potentially harmful substances at some level is a fact of modern life. These substances are everywhere — in the air we breathe, in the food we eat, and in the water we drink — and many of these substances are naturally occurring. It is impossible to have zero exposure to all of them.

For both science and law, however, the issue is not whether someone has some detectable exposure. Rather, it is whether the dose was sufficient (in quantity and duration) to cause harm.

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Slip-and-Fall Evidence Spoilation A Slippery Slope?

06 Monday Apr 2015

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Litigation, Personal Injury, Requests for Production, Slip and Fall

≈ Comments Off on Slip-and-Fall Evidence Spoilation A Slippery Slope?

Tags

Ball In Your Court Blog, Craig Ball, Doug Austin, eDiscoveryDaily Blog, Personal Injury, Slip and Fall, Sua Sponte

Slippery Slope: Harrell v. Pathmark, by Craig Ball, Ball In Your Court Blog

https://ballinyourcourt.wordpress.com/2015/04/06/2318/

One e-discovery blog I never fail to read is Doug Austin’s eDiscoveryDaily. It’s hard to come up with a post every day; yet, Doug makes it look easy. Each post is a quick read with little editorializing; and, Doug faithfully includes a link to the opinion. That last may seem a small thing; but, some bloggers don’t do it (or only share the full text of the decision with paying customers). There’s no substitute for reading the case.

Today, Doug posted on Harrell v. Pathmark, (USDC EDPA, February 26, 2015), where the Court dismisses the plaintiff’s slip-and-fall injury claim on summary judgment. I don’t think the Court got it wrong on the merits; but, in weighing in, sua sponte, on the e-spoliation issue, I’m reminded of the maxim, ‘hard cases make bad law.’ . . .

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Seat Belt Use Evidence Now Admissible In Texas.

19 Thursday Feb 2015

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Damages, Discovery, Evidence, Motor Vehicle, Negligence, Personal Injury, Product Liability, Relevance, Torts, Wrongful Death

≈ Comments Off on Seat Belt Use Evidence Now Admissible In Texas.

Tags

Comparative Negligence, Contributory Negligence, Damages, Personal Injury, Product Liability, Seat Belts, Texas

TX: Evidence of Seat Belt Non-Use is Admissible to Apportion Responsibility, by Christopher J. Robinette, Torts Prof Blog (with hat tip to Jill Lens (Baylor)!)

http://tinyurl.com/kmbeph9

For years, evidence of seat belt use was prohibited at trial. The Texas Supreme Court changed that rule of law with this case. This ruling will have a major impact on this area of the law. -CCE

The Texas Supreme Court case, which was announced on Friday, is Nabors Wells Services, Ltd. v. Romero. The case (pdf) is here:  Download TX Sup Ct = Seat Belt Admiss  From the opinion:

We hold relevant evidence of use or nonuse of seat belts, and relevant evidence of a plaintiff’s pre-occurrence, injury-causing conduct generally, is admissible for the purpose of apportioning responsibility under our proportionate-responsibility statute, provided that the plaintiff’s conduct caused or was a cause of his damages.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

May Defense Counsel Ask Plaintiff Whether He Was Referred to Doctor?

21 Sunday Dec 2014

Posted by Celia C. Elwell, RP in Attorney-Client Privilege, Cross-Examination, Defense Counsel, Depositions, Direct Examination, Discovery, Interrogatories, Litigation, Making Objections, Negligence, Personal Injury, Plaintiff's Counsel, Privilege and Confidentiality, Trial Tips and Techniques

≈ Comments Off on May Defense Counsel Ask Plaintiff Whether He Was Referred to Doctor?

Tags

Attorney-Client Privilege, Daniel E. Cummins, Pennsylvania, Personal Injury, TORT TALK Blog

“Did Your Attorney Refer You to that Doctor?” by Daniel E. Cummins, TORT TALK Blog

http://tinyurl.com/phfds4w

In a recent Delaware County Court of Common Pleas decision in the case of English v. Stepchin, No. CP-23-CV-786-2014, 101 Del. 424 (C.P. Del. Co. Nov. 12, 2014 Kenney, P.J.), President Judge Chad F. Kenney upheld a defense attorney’s right to inquire of a personal injury plaintiff whether or not plaintiff’s counsel had referred the plaintiff to her treating physician.

This issue came before the court on a Motion for a Re-Deposition of the plaintiff by defense counsel.

At the original deposition, plaintiff’s counsel objected to the defense counsel’s question to the plaintiff as to whether or not plaintiff’s counsel had referred the plaintiff to her treating physicans. Plaintiff’s counsel asserted that such discovery was barred by the attorney-client privilege.
In his Opinion issued on the matter, President Judge Kenney held that, ‘whether counsel referred Plaintiff to her treating physicians does not constitute legal assistance so as to justify properly invoking the attorney-client privilege.’ More specifically, the court found that whether an attorney referred his client to a medical provider for treatment cannot be considered to have been a communication from an attorney to his or her client associated with the rendering of a legal opinion or the provision of legal services so as to invoke the applicability of the attorney-client privilege.

President Judge Kenney also stated that any asserted privilege ‘failed to outweigh the interest of the accessibility of material evidence to further the truth-determining process’ at a trial of a personal injury matter.

The Court granted Defendant’s Motion and ordered a 2nd deposition limited to the issue of who referred Plaintiff to her treating physicians.

Anyone wishing to review this decision, may click this LINK.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Trailer Park Duck Is Repeat Offender With Dangerous Propensities.

02 Friday May 2014

Posted by Celia C. Elwell, RP in Animal Law, Damages, Litigation, Personal Injury, Punitive Damages, Torts

≈ Comments Off on Trailer Park Duck Is Repeat Offender With Dangerous Propensities.

Tags

Kevin Underhill, Lowering the Bar Blog, Negligence, Pain and Suffering, Personal Injury

Lawsuit Alleges Duck Attack, by Kevin Underhill, Lowering The Bar Blog

http://www.loweringthebar.net/2014/04/duck-attack.html

KATU in Portland reports that a woman who says she was attacked by a duck at a trailer park has sued the duck’s owner.

Plaintiff alleges in part that said duck was a repeat offender.

According to the complaint (which KATU was kind enough to post), Cynthia Ruddell alleges that she was just stepping out of her motor home ‘on or about May 7, 2012,’ when she was suddenly attacked by a local duck. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

How To – Investigating Traffic Accidents.

22 Saturday Mar 2014

Posted by Celia C. Elwell, RP in Damages, Evidence, Forensic Evidence, Litigation, Motor Vehicle, Personal Injury, Product Liability, Uninsured Motorist

≈ Comments Off on How To – Investigating Traffic Accidents.

Tags

Car Accident, Dick Warrington, Documentation, Evidence, Evidence Collection, Fender Bender, Forensic Evidence, Forensic Magazine, High Speed Chase, Personal Injury, Product Liability, Traffic Accidents

Evidence Collection in a Traffic Investigation, by Dick Warrington, Forensic Magazine

http://tinyurl.com/nko5m2s

This post is an excerpt from Mr. Warrington’s post, Investigating the Fender Bender (http://tinyurl.com/o979zk5). I recommend it, and the links to more information on this subject that you will find at the end of the post. -CCE

Most of the time traffic accidents are fairly standard—the typical fender bender where one person runs into another. The officer on duty responds, assesses the situation, and completes the proper paperwork. But sometimes officers deal with much more serious, complex situations. Dealing with a hundred car pile-up, for example, is quite challenging, since it’s like carrying out multiple investigations simultaneously. When responding to multiple car accidents, hit and runs, fatalities, and high speed chases, officers can benefit by calling in Crime Scene Officers to assist with the investigation.

Because this type of case usually involves extensive damage to property, serious injuries, and/or fatalities, lawsuits will likely result. Questions of liability, product failure, etc. will also come up. Given these facts, it’s important to work together to conduct a thorough investigation. Since the CSO’s responsibilities include documentation, evidence identification, and evidence collection, we’ll look at each of those areas. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

More On Why Lawsuits Are So Expensive.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Damages, Exhibits, Experts, Litigation, Motor Vehicle, Personal Injury, Plaintiff's Counsel, Product Liability, Trial Tips and Techniques, Video Deposition, Witnesses

≈ Comments Off on More On Why Lawsuits Are So Expensive.

Tags

Accident Reconstructionist, Cross-Examination, Daubert Rule, Engineer, Expert Witness, Filing Fees, Personal Injury, Product Liability, Video Deposition

Why Lawsuits Are So Expensive, Pt. II, by Gregory H. Haubrich, Foshee & Yafee, Butter’s Blog

http://greghaubrich.com/2014/02/13/why-lawsuits-are-so-expensive-pt-ii/

In my previous edition of Butter’s Blog, Part I explored why lawsuits are so expensive. In Part II, we are going to break down the costs of getting your case to trial. To get a rough estimate of what your law firm may spend handling the case,  we must first look at what kind of case it is.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Oh Happy Day for Pennsylvania Personal Injury Plaintiffs.

10 Monday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Law, Case of First Impression, Damages, Evidence, Jury Persuasion, Litigation, Pennsylvania Superior Court, Personal Injury, State Appellate Courts, Trial Tips and Techniques

≈ Comments Off on Oh Happy Day for Pennsylvania Personal Injury Plaintiffs.

Tags

Appellate Law, Bodily Injury, Brian Butler, Damages, Daniel E. Cummins, Delay Damages Calculation, Future Medical Expenses, Pain and Suffering, Pennsylvania Superior Court, Personal Injury, Roth v. Ross and Erie Insurance Group, TORT TALK

Appellate Case of First Impression – Future Medical Expenses Are To Be Included in Delay Damages Calculation, by Daniel E. Cummins, TORT TALK

http://www.torttalk.com/2014/02/appellate-case-of-first-impression.html

In a case of first impression, the Pennsylvania Superior Court recently ruled in Roth v. Ross and Erie Insurance Group, 977 MDA 2013, 2014 Pa. Super. 20 (Pa. Super. Feb. 7, 2014 Donohue, Ott, J.J., Platt, S.J.)(Opinion by Donohue, J.), that an award of future medical expenses in a personal injury case should be included in the calculation of delay damages due to the Plaintiff on a verdict. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Court Denies Facebook Discovery Requests by Both Parties.

23 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Discovery, Evidence, Legal Technology, Personal Injury, Requests for Production, Trial Tips and Techniques

≈ Comments Off on Court Denies Facebook Discovery Requests by Both Parties.

Tags

Daniel E. Cummins, Discovery, Facebook, Judge Wettick, Personal Injury, Personal injury lawyer, Traffic collision

Facebook logo Español: Logotipo de Facebook Fr...

Judge Wettick Rules on Facebook Discovery Issues, by Daniel E. Cummins, TORT TALK

http://tinyurl.com/c8p3snr

After providing a detailed review of the issue over a 22 paged Opinion, which includes a background on Facebook itself and a review of decisions from both within Pennsylvania and from outside jurisdictions, Judge Wettick ruled that both the Plaintiff’s and the Defendant’s motions to compel access to the other’s Facebook pages would be denied in this motor vehicle accident litigation.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

The “Litigation Explosion” is a Myth

23 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Personal Injury, Settlement

≈ Comments Off on The “Litigation Explosion” is a Myth

Tags

Greg Haubrich, Juries, Litigation, McDonald's, Personal Injury, Settlement

Greg H. Haubrich, Senior Trial Lawyer at Foshee & Yafee, explains why he recommended — and his client accepted — a settlement agreement that will barely pay her medical bills.

The Haubrich Law Firm, P.C.

The Myth of the “Litigation Explosion”   

A lawyer wears two hats:  Advocate, and counselor.  As advocate, my duty is to fight for you hard as hell, tooth and nails; to be the knight in shining armor charging into the Valley of Death.  As counselor, I must give you the news and help you realistically evaluate your odds so that you can make well-informed decisions regarding basic questions in your case: especially, whether to accept a settlement offer.

Today I recommended — and my client accepted — a settlement agreement that will barely pay her medical bills.   Why?

The first reason is that it is hard to understand how a person can be seriously injured in a collision when there is not a lot of visible crash damage to their vehicle.  Science does not support the idea that crash damage correlates to injury.  In fact, it is established that deaths sometimes…

View original post 968 more words

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • March 2022
  • January 2022
  • November 2021
  • October 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

  • Follow Following
    • The Researching Paralegal
    • Join 454 other followers
    • Already have a WordPress.com account? Log in now.
    • The Researching Paralegal
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

You must be logged in to post a comment.

    %d bloggers like this: