Westlaw Journals weekly round-up

August 7, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law. Here are some highlights from the past week:

Vermont woman wins $43 million from Johnson Controls in case on broken seat back: Attorneys for a Vermont woman who suffered paralyzing injuries in a 2007 accident said a state court jury has awarded her $43 million in damages against seat maker Johnson Controls Inc. The 12-member Chittenden County Superior Court jury returned a unanimous verdict for Dzemila Heco on June 28, according to her co-counsel Robert Langdon of Langdon & Emison in Lexington, Mo. (Automotive)

10th Circuit upholds patient’s $9 million verdict for undiagnosed neck fracture: A federal appeals court has upheld a $9 million jury verdict against a Wyoming county hospital for failing to diagnose a man’s broken neck after an automobile accident. On July 2 a three-judge panel of the 10th U.S. Circuit Court of Appeals unanimously affirmed a $7 million award for Louis C. Prager and reversed a decision by U.S. District Judge Alan B. Johnson of the District of Wyoming to reduce a $2 million loss-of-consortium award for Prager’s wife to $500,000. (Expert & Scientific Evidence)

Supreme Court asked to decide if 5th Circuit wrongly shifted burden of proof: The federal government is locked in a dispute with two doctors over the burden of proof in criminal fraud cases and a $37 million restitution order that has made its way to the doors of the U.S. Supreme Court. In a July 2 brief, the government asks the high court not to grant the certiorari petition by Dr. Arun Sharma and his wife, Dr. Kiran Sharma, who say a federal appeals court improperly shifted the burden of proof to them when they challenged the restitution order the trial court entered against them. (White-Collar Crime)

Power grinder maker not liable for injuries from improper use: A California appeals court panel has upheld the dismissal of a product liability suit against power tool maker Hitachi by a man who injured himself when using an electric grinder with the wrong cutting attachment. The 2nd District Court of Appeal’s July 9 ruling said the instruction manual provided with plaintiff Andres Sanchez’s Hitachi power tool “expressly warned that saw blades should never be used with the grinder.” (Products Liability)