Recently in Injury & Tort Law Category

A Washington sheriff's deputy's Whopper of a spit-burger lawsuit is on hold, as the Ninth Circuit Court of Appeals seeks clarification about a Washington state law.

Clark County Sheriff's Deputy Edward Bylsma's beef with Burger King began at a drive-thru window, Reuters reports. Bylsma's spit-burger suit claims he ordered a Whopper -- but he didn't have it his way, as Burger King's slogan promises.

Instead, Bylsma pulled back the Whopper's bun and found a "slimy, clear and white phlegm glob" -- a topping he most certainly didn't order.

A state judge has vacated a $322 million Mississippi asbestos verdict --& the largest single-plaintiff asbestos award in history.

The ruling comes just two months after defense attorneys asked the Mississippi Supreme Court to disqualify Judge Eddie Bowen from the case. Soon after the jury announced its award, defendants Chevron Phillips Chemical Co. and Union Carbide learned that Bowen's parents had previously sued them over asbestos-related matters.

This connection probably should have disqualified Bowen from the start.

The California Supreme Court has ruled personal injury plaintiffs cannot seek billed medical costs over actual costs paid by their insurers.

The case started when Rebecca Howell, the plaintiff, was injured in an automobile accident. She sued the defendant, Hamilton Meats & Provisions, Inc., in a personal injury lawsuit seeking damages for her medical expenses.

Howell and her surgeon testified that she had spent $189,978.63 in medical expenses at the time of the trial, according to the court's opinion. Hamilton, however, sought a reduction in damages in the amount of $130,286.90, representing the portion of Howell's medical bills that were either waived or discounted.

As a result of a recent New Mexico Supreme Court ruling challenging the responsibility of a group of pharmaceutical representatives for a drunk driving accident, state alcohol liability laws no longer only apply to the reckless bar, liquor store, or homebound social host.

Liability has been extended to include persons who host private or business functions in a licensed establishment--so long as they pay for and control the flow of alcohol.

According to the ruling, prior to killing a young child while driving under the influence, Alicia Gonzales was wined and dined by a group of pharmaceutical representatives. In an attempt to gain business, they plied her and her colleagues with alcohol during a luncheon, and then at two separate bars.

DaimlerChrysler must defend a 'Dirty War' lawsuit brought in Northern California federal court by survivors and decedents' heirs of the Argentine military dictatorship's 'Dirty War' between 1976 and 1983.

In Bauman v. DaimlerChrysler Corporation, the Ninth Circuit Court of Appeals has asserted jurisdiction over DaimlerChrysler AG, reports Reuters.

The U.S. District court dismissed the case in 2007 for lack of personal jurisdiction. So now Daimler-Chrysler must defend the plaintiffs' claims on the merits.

The U.S. Fifth District has revived Price v. Philip Morris, a $10 billion class action lawsuit against Philip Morris, now part of Altria Group. The 2000 case began when the law firm Korein Tillery sued Philip Morris on behalf of Sharon Price, contending their light and low tar cigarettes were illegal under consumer fraud law.

The class members alleged that Philip Morris and Altria violated the Maine Unfair Trade Practices Act by fraudulently advertising that their "light" cigarettes delivered less tar and nicotine than regular brands.

The Westboro Baptist Church has been a thorn in the side of nearly everyone who has come into contact with it for a number of years. But taunting people and lacking taste aren't illegal, as the U.S. Supreme Court ruled 8-1.

The Westboro Church has a history of outrageous behavior and protests. Led by Pastor Fred Phelps, the church contends that god is punishing the United States for "the sin of homosexuality." Their protests feature outrageous and strange signs, such as "God hates fags," and "Thank God for dead soldiers in Iraq." But the actions that really put them on the map were the anti-gay protests at funerals of U.S. troops killed in battle.

Ever wonder why the rear middle seats in older cars are often without shoulder seat belts, leaving passengers to hold on tight in the event of a crash? Isn't the lack of shoulder restraints going to result in seat belt deaths?

A little known fact is that the Federal Motor Vehicle Safety Standard 208, until 2007, permitted automakers to choose between lap and shoulder seat belts when outfitting rear middle seats.

A better known fact is that this choice has left some people dead or severely injured.

On a 6-2 vote, the Supreme Court has issued an opinion ruling that vaccine makers cannot be sued in state courts for vaccine defects that arise out of the product's design. The case, Bruesewitz v. Wyeth, stems from a series of DPT shots given to Hannah Bruesewitz when she was an infant in 1992.

After receiving the third shot in the series, Hannah began to have seizures, reports CNN. The family blamed Wyeth for the child's disorder, alleging that the manufacturer had a better, less dangerous vaccine that it failed to promote. The "vaccine court" rejected the claim that the vaccine was tied to Hannah's injuries. The Bruesewitzes then sued Wyeth in state court alleging design defects.

For Pfizer, Prempro has been a significant source of problems. In 2009, when the company bought Wyeth, the original manufacturer of the menopause drug, it inherited a host of lawsuits.

It appears that, after eight years of litigation, this chapter in Wyeth's history may be coming to an end; Pfizer is allegedly starting to settle.