A wrongful death lawsuit arising from a Nebraska automobile accident invokes that state’s fetal death statute, reportedly for the first time since the Nebraska Legislature enacted it in 2003. The plaintiffs in Baumann v. Slezak, et al are asserting multiple causes of action in relation to the deaths of a…
Washington DC Injury Lawyer Blog
Federal Tort Claims Act Requires a Clear Allegation Against a Federal Employee or Agency, DC Court Rules: Moorman v. United States
A U.S. District Court in Washington DC dismissed a lawsuit brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671 et seq., against the federal government and other government entities. The plaintiff in Moorman v. United States asserted causes of action for premises liability, but did not…
Washington DC Car Accident Lawsuit Alleges Direct Negligence and Respondeat Superior: Lewis-Shephard v. Burch, et al
A lawsuit filed last year alleges two types of liability in a Washington DC automobile accident. The plaintiff in Lewis-Shephard v. Burch, et al filed suit against two defendants: the driver of a vehicle that allegedly struck her when she was on foot, and the owner of said vehicle. The…
Washington DC Court Reviews Venue and Personal Jurisdiction in a Case Alleging a Defective Medical Device: Marshall v. I-Flow, LLC
A medical device manufacturer moved for dismissal of a lawsuit, Marshall v. I-Flow, LLC, in a Washington DC court, arguing that the court lacked personal jurisdiction over it or, alternatively, that the venue was not proper. The plaintiff had undergone surgery in upstate New York and alleged injuries caused by…
Washington DC Workers’ Compensation Act Applied in Intentional Tort Case: Fonseca v. Salminen
A federal district court in Washington DC ruled in Fonseca v. Salminen that the District of Columbia Workers’ Compensation Act (WCA) precludes a lawsuit arising from a workplace assault. While some intentional torts perpetrated by an employer against an employee are not subject to the WCA, the court found that…
Supreme Court Rules that Federal Law Preempts State Wrongful Death Lawsuit Over Asbestos Exposure: Kurns v. Railroad Friction Products Corp.
The U.S. Supreme Court recently considered an appeal of a products liability and wrongful death claim arising from alleged asbestos exposure in railroad equipment. The decedent worked in locomotive repair for decades and died of cancer years later. The defendants argued that the federal Locomotive Inspection Act (LIA) preempted the…
Washington DC Ranks Last in Annual Ranking of “Best Drivers;” Surrounding Areas Also Fare Poorly
Allstate Insurance Company released its eighth annual “Allstate America’s Best Drivers Report,” and Washington DC again ranked last among two hundred American cities. The survey examined its own data on accident claims to determine each city’s auto collision frequency. The cities with the lowest frequencies were deemed to have the…
Washington DC District Court Enters Judgments Against Iran in Two Cases Brought Under the Foreign Sovereign Immunity Act
The U.S. District Court for the District of Columbia recently entered judgments in several lawsuits against the Islamic Republic of Iran and the Iranian Ministry of Information and Security (MOIS). The plaintiffs were victims of the 1983 U.S. Marine barracks bombing in Beirut, Lebanon, in which the government of Iran…
Federal Court Orders Arbitration Between Defendant and Third-Party Defendant in Premises Liability Lawsuit
A lawsuit arising from a slip-and-fall accident in a grocery store parking lot, Kindig v. Whole Foods Market Group, has taken an unusual journey from a Washington, DC Superior Court to a federal U.S. District Court. After the defendant grocery store company sued the parking lot manager as a third-party…
Cars Collide with Washington DC-Area Fire Engines; Police Remind Drivers of State “Move-Over” Laws
The city of Greenbelt, Maryland has found itself with no working fire engines as the result of two accidents in recent weeks. One accident involved a driver who failed to yield the right of way and collided with a fire engine. The other accident occurred when two cars struck the…