The New York times reports:A driver's risk of being killed in a side-impact crash decreases by more than a third if the vehicle has head-protecting side-curtain air bags, a study of accident data by the Insurance Institute for Highway Safety shows. Automakers have agreed to make side-curtain air bags standard equipment in all vehicles by 2010. For the 2006 model year, some type of side air bag...
The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them. The requested instruction was:The instruction requested by Castillo stated: There is evidence...
DaimlerChrysler's Chrysler is recalling about 832,500 Jeep Liberty sport utility vehicles to fix a steering part. The front suspension lower ball joints on 2002 to 2006 Liberty SUVs will be replaced, the automaker said in a statement. The part can experience excessive wear and in extreme cases may separate, causing a loss of steering control, Auburn Hills, Mich.-based Chrysler said.
The Insurance Institute for Highway Safety recently evaluated four cars and two small SUVs, finding that front and side protection is improving but protection for rearend crashes lags. Now it's the norm for vehicles to earn good ratings in the frontal test, and performance in the side test is rapidly improving," Lund says. "But protection against neck injury in rear-end crashes still needs a lot...
I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:"We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 months after implantation of Hyalograft C," the authors conclude. "Development of osteoarthrosis,...
An interesting read in LawyersUSA concerning tires wearing out due to age. The article deals with a number of lawsuits that are being filed for what appears to be a failure of tire manufacturers and auto companies to warn people that the age of a tire alone, and not necessarily its wear and tear, may cause tread separation. It makes sense that if rubber does deteriorate with age, that we...
The Nebraska Supreme Court ruled the guest statute constitutional in the case of Le v Lautrub. Section 25-21,237, as amended in 1981, controls this case. Section 25-21,237 provides: The owner or operator of a motor vehicle shall not be liable for any damages to any passenger or person related to such owner or operator as spouse or within the second degree of consanguinity or affinity who is...
The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....
Thanks to my paraglegal, Christy Koch, for finding a list of articles from the International Study of Pain. The list of articles runs a gamet from pain in children, spinal pain, fibromyalgia pain, pain and depression, and on and on. The articles are scientific in nature, written by medical providers, whose object is to study pain.
States are passing "Tort Reform" legislation that should make sense to everyone. It is not about capping one group or another's liability or damages, but rather, it is about fairness to jurors. Jury service is a civil duty, but it can be very instrusive and a financial hardship on people. My experience with jurors is that they take their job very seriously, but they are always put out by the...
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