News
April 14, 2023
TT&H Attorney Burke McLemore Wins Amputation Case Based on “Refusal of Reasonable Medical Care” Defense
TT&H attorney Burke McLemore prevailed in a case where Claimant was seeking medical benefits and ongoing wage loss related to a below-the-knee amputation. After a serious leg fracture, Claimant was counseled by numerous physicians to stop smoking. When Claimant failed to stop smoking, Claimant’s leg injury deteriorated, ultimately resulting in the amputation. Burke successfully argued… read more
April 02, 2023
eNotes: Liability – April 2023 – Federal
SIGNIFICANT CASE SUMMARIES Federal Case Summaries Staretz v. Walmart Stores East, LP United States District Court for the Middle District of Pennsylvania No. 3:22-CV-00967 Decided: March 3, 2023 Action dismissed for insufficient service of process pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure. Background Plaintiff filed suit against Walmart for personal injuries… read more
April 02, 2023
eNotes: Liability – April 2023 – Pennsylvania
SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Erie Ins. Exch. v. Mione Pennsylvania Supreme Court No. 89 MAP 2021 Decided: February 15, 2023 Pennsylvania Supreme Court holds that the household exclusion remains valid where Plaintiff was injured while occupying a vehicle for which he had rejected UM/UIM coverage based on the rationale that it was not… read more
April 02, 2023
eNotes: Liability – April 2023 – Maryland
SIGNIFICANT CASE SUMMARIES Maryland Case Summary Mitchell v. Rite Aid of Md., Inc. Maryland Appellate Court No. 21, September Term, 2022 Decided: March 2, 2023 The Appellate Court of Maryland holds that a possessor of property was entitled to summary judgment on a premises liability count in a mass shooting case because the shooting was… read more
April 02, 2023
eNotes: Liability – April 2023 – New Jersey
SIGNIFICANT CASE SUMMARIES New Jersey Case Summaries Y.H. v. T.C. and Uber Techs., Inc. New Jersey Superior Court, Appellate Division No. A-1966-21, ___ N.J. Super. ____ Decided: March 16, 2023 In this assault and personal injury case, the Superior Court of New Jersey Appellate Division (“Appellate Division”) reviewed the disclosure and admissibility of an expunged… read more