News & Analysis as of

Wrongful Death

Marshall Dennehey

Appellate Court Affirms Wrongful Death Verdict, Upholds Damages for Pre-Impact Terror, Pain and Suffering, and Economic Loss

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Archer v. Parlman, 235 A.D.3d 1218 (N.Y. App. Div. 2025) - On appeal, the Supreme Court of New York, Appellate Division affirmed a trial court’s decision to deny the defendant’s motion to set aside the verdict in a wrongful...more

Hanson Bridgett

Tesla's “Nuclear” Verdict: Potential Impacts on Autonomous Truck Technology

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On August 1, 2025, a Florida jury returned a verdict totaling $243,000,000 against Tesla, Inc. in the consolidated cases Neima Benavides v. Tesla and Dillon Angulo v. Tesla. These cases caught public attention because of the...more

Robins Kaplan LLP

Accountability the Hard Way

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At around 3:30 p.m. on June 3, 2020, 19-year-old Lacey Higdem was booked into the Rolette County, North Dakota, jail while under the influence of methamphetamine. She was an otherwise healthy young woman with a six-month-old...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Construction Zone Death Suit Against Employer and Engineering Firms Based on Workers’...

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Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction...more

Goldberg Segalla

Fifth Circuit Affirms Lower Court Ruling Against Final Remaining Defendant

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United States Court of Appeals for the Fifth Circuit - In December 2018, Sue Perry (“decedent”) passed away following her second lung cancer diagnosis. Her surviving husband and daughters (“plaintiffs”) alleged that she...more

Phelps Dunbar

Texas Struggles to Rein in 'Nuclear Verdicts' as Senate Bill 30 Fails

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Texas juries are known for awarding “nuclear verdicts” and these awards are growing. Personal injuries —even relatively minor in nature—can result in jury awards creating generational wealth, whereas in the past reasonable...more

Akerman LLP

Texas Supreme Court Clarifies Proximate Cause in Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

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On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence law. The Court reversed a...more

Dickinson Wright

$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price

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A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant...more

Mandelbaum Barrett PC

Can Anyone File a Wrongful Death Claim in New Jersey?

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Losing a loved one unexpectedly is devastating, particularly when their death results from someone else’s negligence or wrongful actions. Financial hardships, including medical bills, funeral expenses, and lost income, often...more

Marshall Dennehey

Medical Malpractice Suit Dismissed for Inadequate Affidavit of Merit in Wrongful Death Following Kidney Biopsy

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Sovelove v. Shirazi, A-1540-23, Jun. 17, 2025 - The decedent had undergone an elective kidney biopsy and suffered a large retroperitoneal bleed, resulting in her death. The plaintiff, individually and as the estate executor,...more

Searcy Denney Scarola Barnhart & Shipley

Recalled Medical Devices: How to Check If You Have One

Numerous medical devices sold in the United States are subject to active recalls. If you have a medical device that is subject to an active recall, it will be important to make sure you know what this means for your health...more

Rivkin Radler LLP

July 2025 Insurance Update

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We cover a broad range of topics in this month’s insurance update. The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion. The Sixth Circuit decides whether an equipment...more

Husch Blackwell LLP

NYC ‘Subway Surfing’ Case Survives Summary Judgment

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On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more

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

Arnall Golden Gregory LLP

AGG Supports GHA and MAG in Latest Successful Step to Cap Wrongful Death Damages

On June 24, 2025, the Supreme Court of Georgia vacated the Georgia Court of Appeals’ decision refusing to apply Georgia’s $350,000 damages cap to reduce a $7.2 million award of wrongful death damages in a medical malpractice...more

Stark & Stark

Tesla Faces Legal Battles Over Vehicle Fires and Autopilot-Related Fatalities

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Tesla Inc., a leading innovator in electric vehicles, is under increasing legal scrutiny as two major product liability cases bring safety concerns about its cars into sharp focus. These lawsuits highlight alleged design...more

Phelps Dunbar

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

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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

Littler

Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful...

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A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by...more

Chartwell Law

Texas Supreme Court Reverses $89M Verdict in Landmark Trucking Case

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The Texas Supreme Court recently issued a major opinion reversing a nearly $90 million judgment against a national motor carrier in a personal injury suit arising from a multi-vehicle crash on an icy interstate. The case,...more

Hanson Bridgett

The Texas Supreme Court Detours the Trucking Industry Around a Historic Nuclear Verdict

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On an icy winter day more than ten years ago, the driver of an F-350 pickup truck, traveling eastbound on Interstate 20, crossed a 42-foot grassy median, entered in westbound traffic, and collided with a Werner Enterprises...more

Cranfill Sumner LLP

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

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The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries.  The employee is normally relegated to filing a...more

Searcy Denney Scarola Barnhart & Shipley

Traffic Accidents 101

Recovering after a traffic accident is a much more complicated process than most people understand. From determining whether your losses will exceed your PIP coverage to determining who was at fault in the collision, there...more

Marshall Dennehey

On App: Good to Go! Off App: No Bueno! How Rideshare Companies Are Defeating Vicarious Liability in Florida

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Key Points: Innovative technologies being utilized by rideshare companies are raising their chances of defeating vicarious liability claims in Florida and throughout the United States....more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

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In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

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