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The Legal Intelligencer

Personal Injury

By | November 21, 2016
Read about surveillance evidence, manufacturer responsibility in autonomous vehicle cases and piercing limited tort with a 'soft tissue' injury in The Legal's Personal Injury supplement.
3 minute read

The Legal Intelligencer

Smalley Leaves Tucker Law Group for Raynes McCarty

Philadelphia plaintiffs attorney Bernard W. Smalley Sr. has joined Raynes McCarty, leaving the Tucker Law Group after five years.
7 minute read

The Legal Intelligencer

Negligence, Negligence Per Se and the Filing of an Amended Complaint

In Echeverria v. Holley, 2016 PA Super 119, 142 A.3d 29 (Pa. Super. 2016), the Superior Court addressed a number of important legal issues involving Pennsylvania negligence law.
13 minute read

The Legal Intelligencer

Interconnectedness and Manufacturer Responsibility in Automated Vehicles

Aldous Huxley's "Brave New World" is here. Automated technology is transforming the consumer products industry. Watches, appliances, cars, jet engines, drones and mobile medical devices are all part of the Internet-of-Things (IoT). The IoT refers to smart devices featuring embedded electronics, software, sensors and actuators that give them network connectivity, thereby enabling the IoT products to gather and leverage data.
16 minute read

The Legal Intelligencer

Production of Surveillance Evidence in Personal Injury Cases

As the defense attorney in any personal injury case, at some point you will need to decide whether you want to retain an investigator to observe the plaintiff. There are many factors to consider. First, does the case warrant surveillance? For example, if the plaintiff filed the case as an arbitration matter and she has not had any medical treatment for the alleged injury for over a year, surveillance may not help your defense. In addition, your client ­likely won't authorize the expense.
11 minute read

The Legal Intelligencer

A Three-Step Guide to Piercing Limited Tort with a 'Soft Tissue' Injury

Contrary to common belief, a soft issue injury can constitute a "serious injury." While many insurance companies, and even some plaintiffs' lawyers, believe that a soft tissue injury cannot pierce limited tort, the notion is simply not true.
11 minute read

The Legal Intelligencer

Hammons v. Ethicon, PICS Case No. 16-1374 (C.P. Philadelphia Sept. 30, 2016) Bernstein, J. (22 pages).

By | November 18, 2016
A woman injured by implantation of pelvic mesh made by Ethicon sought to recover damages. Based on extensive expert testimony to defects known to researchers as well as to the injuries she sustained, a jury awarded a combined $12.5 million, plus delay damages on the compensatory damages. Ethicon appealed, and the court revisited its arguments to show how sufficient evidence was presented to allow a jury to draw conclusions.
8 minute read

The Legal Intelligencer

Toro v. Fitness Int'l LLC, PICS Case No. 16-1391 (Pa. Super. Nov. 10, 2016) Solano, J. (19 pages).

By | November 18, 2016
Trial court properly granted summary judgment to fitness center in appellant's action against center based on his slip and fall in the locker room because the membership agreement appellant signed contained a valid waiver clause. Affirmed.
5 minute read

The Legal Intelligencer

Nobles v. Staples, Inc., PICS Case No. 16-1394 (Pa. Super. Nov. 8, 2016) Solano, J. (21 pages).

By | November 18, 2016
Trial court properly dismissed appellant's suit for injuries from the failure of a chair allegedly purchased at the store because the exclusion of appellant's expert report as to the cause of the chair's failure on the grounds that it was based on "little more than guess and conjecture" made summary judgment appropriate. Affirmed.
7 minute read

The Legal Intelligencer

Smalley Leaves Tucker Law Group for Raynes McCarty

Philadelphia plaintiffs attorney Bernard W. Smalley Sr. has joined Raynes McCarty, leaving the Tucker Law Group after five years.
7 minute read

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