News & Analysis as of

Causation Negligence Wrongful Death

Searcy Denney Scarola Barnhart & Shipley

Can a Personal Injury Case Turn into a Wrongful Death Claim?

It is never easy to lose a family member, but the loss is much more painful when the death of a loved one could have been prevented if someone had only acted responsibly. When another person’s failure to act responsibly...more

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

Phelps Dunbar on

In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Goldberg Segalla

Federal District Court Grants Pump Manufacturer’s Motion for Summary Judgment in Asbestos Action

Goldberg Segalla on

In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this...more

Husch Blackwell LLP

Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

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In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more

Marshall Dennehey

U.S. District Court for the Eastern District of Pennsylvania Held that Suicide Is Not a Legitimate Basis for Recovery in Wrongful...

Marshall Dennehey on

Sullivan v. Truist Bank, 2024 WL 422667 (E.D. Pa. Feb. 5, 2024) - The plaintiff-estate brought an action against the defendant-bank that raised negligence, vicarious liability, wrongful death and survival action claims. The...more

Searcy Denney Scarola Barnhart & Shipley

How to Win a Florida Wrongful Death Case

Wrongful death is defined as a death caused by the wrongful act of another, either accidentally or intentionally. A wrongful death lawsuit is a civil claim filed by the personal representative of the deceased person’s estate....more

Robins Kaplan LLP

Robins Kaplan Justice Report Fall 2020 | VOL. 14 NO. 4

Robins Kaplan LLP on

Marquardt v. Schaffhausen, 941 N.W.2d 715 (Minn. 2020), for example, is a medical malpractice action where Patricia Marquardt suffered a brain injury when she developed an untreated infection after undergoing a knee...more

Haight Brown & Bonesteel LLP

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

Foley Hoag LLP

Product Liability Update - October 2015

Foley Hoag LLP on

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

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