Personal Injury Appellate Opinions Last Week
Posted On: November 19, 2012
I read a few opinions last week that did not rise to to the level of a full post on this blog but are still worth noting:
- Cromer v. Children's Hospital (Ohio): appellate court orders new medical malpractice trial because of a flawed standard of care instruction.
- Carroll v. Bristol Park Medical Group (California): the insanity of the California's draconian statute of limitations in medical malpractice cases is on full display.
- Illinois State Bar Association Mutual Insurance Co. v. Greenfield(Illinois):: Lawyer screws up a will and does the right thing, writing a letter to the beneficiaries informing them of the mistake. Legal malpractice insurer says that by failing to inform it of the letter before sending it, Greenfield violated a condition of his malpractice policy and refused to provide him a defense to the legal malpractice claim that ensued. "What a jerk move," an Illinois appeals court said, finding the malpractice carrier could not bail on their client. (Please note: I might be paraphrasing.) Anyway, if you have insurance through ISBAMI, keep in mind they will pull this kinda garbage on their clients who try to do the right thing.
- Bougere v. Northrop Grumman (Louisiana): wrongful death claim's statute of limitations begins to run not from asbestos exposure but from decedent's death. Maryland would rule similarly.
- New York v. Appellate Judges: I was amazed that New York voters dumped three appellate judges. In Maryland, we just rubber stamp these things.