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Tag Archives: Negligence

Tort/Negligence – No FTCA Claim Based on Veteran Benefits (access required)

em>Veteran Benefits Butler v. U.S.Although a veteran’s widow won payments from the Veterans’ Administration under 38 U.S.C. § 1151 after her husband died from alleged medical negligence, she cannot advance the VA rating that won her benefits to pursue her claim under the Federal Tort Claims Act, and the 4th Circuit affirms dismissal of her claims for wrongful death and loss of consortium.

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Torts – Wrongful death — Negligence – Contributory negligence – Proximate causation (access required)

Roddey v. Wal-Mart The trial court’s directed verdict for employer Wal-Mart is affirmed where one judge finds plaintiff was more than 50 percent at fault in the incident that caused her death that and where the concurring judge finds there was no proximate cause between a security guard’s chase and the deadly car crash.

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Negligence – Marine’s Claim Against Contractor Fails (access required)

Taylor v. Kellogg Brown & Root Services Inc. The 4th Circuit affirms dismissal of a U.S. Marine’s negligence action against a government contractor for his severe injuries from electrocution while serving on an American military base in Iraq, on the basis that an adjudication of the Marine‘s claim would necessarily implicate a political question which federal courts lack jurisdiction to decide; the appellate court vacates the portion of the District Court opinion discussing preemption under the Federal Tort Claims Act, as it need not reach that issue.

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Total damages could top $1 billion in Maryland poisoned-property trial (access required)

A Baltimore County jury has awarded more than $495 million in compensatory damages to residents who sued Exxon Mobil Corp. over a 2006 gasoline leak. At presstime, jurors were still deliberating how much to award plaintiffs in punitive damages. The jury found Exxon Mobil liable for fraud, negligence, nuisance, strict liability, trespass, diminution of property value, emotional distress and medical monitoring. The emotional distress claim included fear of cancer and other serious diseases and fear of loss of property value.

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$4.4 million verdict over power line that stayed live after crash

An Upstate teen who emerged unhurt from a single-vehicle wreck only to suffer electrocution when he touched a downed power line has won a $4.4 million verdict against Duke Power Co. in a negligence suit. A Greenville County jury awarded actual damages to plaintiff Xavier Massey on March 11 in Massey v. Duke Power Co., civil action No. 2009-CP-23-7220. Judge Robin Stilwell pre-sided in the Greenville County Court of Common Pleas. Massey's lawyers said a key factor in winning the verdict was countering a corporate policy under which Duke claimed evidence from the scene wasn't subject to disclosure.

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Upstate snack distributor faces harassment trial (access required)

When your biggest client is sexually harassing your employee, it's a tough situation to manage. The U.S. 4th Circuit Court of Appeals hasn't officially looked at whether an employer can be liable for harassment by non-employees. But three members of the court tip their hand in a new unpublished opinion that lets an employee try his claim that he was harassed by the client's staff.

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Contract – Insurance – Indemnity – Real Property – Developer & Contractor – Negligence – S.C. Code Ann. § 32-2-10 – First Impression – Completed Work (access required)

Standard Pacific of the Carolinas, LLC v. Amerisure Insurance Co. Even though the contract between the plaintiff-developer and its contractor required the contractor to indemnify the developer, since the contractor only agreed to indemnify . . .

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