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Damages Comparative Negligence

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages In Florida Wrongful Death Cases

The loss of a family member is one of the most devastating events that anyone can go through. While financial compensation cannot make the pain of loss go away, it can prevent your situation from getting worse due to the...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Florida’s Comparative Fault Law and How It Affects Personal Injury Claims

Many personal injury cases do not involve situations where one party is entirely at fault. Many cases, instead, involve situations where both sides may bear some responsibility. This is why, like in many other states, a...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Motorcycle Accident Case

Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head...more

BCLP

Georgia's Apportionment Statute in Product Liability Lawsuits

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The Georgia Supreme Court recently issued a decision impacting all product liability cases in Georgia by finding that Georgia’s apportionment statute—O.C.G.A. § 51-12-33—applies to claims for strict product liability, and as...more

K&L Gates LLP

Comparative Negligence No Longer Bars Plaintiff From Award of Summary Judgment in New York

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On April 3, 2018, a sharply divided Court of Appeals ruled that plaintiffs in comparative negligence cases do not need to show they are free of negligence to succeed on a summary judgment motion when determining a defendant’s...more

White and Williams LLP

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases

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In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary...more

Harris Beach PLLC

NY High Court Overturns 25 Years of Precedent in Ruling on Contributory Negligence

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The flood gates in New York courts have been opened wide for personal injury plaintiffs by the removal of an obstacle to their success on motions for summary judgment in negligence actions following the recent decision of the...more

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