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March 01, 2022

eNotes: Liability – March 2022 – Washington, D.C.

WASHINGTON, DC CASE SUMMARY Hines v. Wash. Metro. Transit Auth. United States District Court for the District of Columbia 2022 U.S. Dist. LEXIS 23402 Decided: February 9, 2022 The Washington Metropolitan Transit Authority’s sovereign immunity is limited to actions properly in accordance with a statute or rule. Background An elderly woman diagnosed with brain atrophy… read more

March 01, 2022

eNotes: Liability – March 2022 – New Jersey

NEW JERSEY CASE SUMMARIES Labega v. Joshi New Jersey Superior Court, Appellate Division No. A-3402-20, ___ N.J. Super. ___ Decided: February 3, 2022 With regard to certain negligence per se and breach of contract claims in medical malpractice cases, the Superior Court of New Jersey, Appellate Division has held that these theories of recovery are… read more

March 01, 2022

eNotes: Liability – March 2022 – Maryland

MARYLAND CASE SUMMARY Westfield Ins. Co. v. Gilliam Maryland Court of Appeals 2022 Md. LEXIS 54 (reported) Decided: February 8, 2022 The Maryland Court of Appeals holds that the difference between a higher amount billed by a healthcare provider and the amount actually paid by a worker’s compensation insurer is not a part of the… read more

March 01, 2022

eNotes: Liability – March 2022 – Pennsylvania

PENNSYLVANIA CASE SUMMARIES Lageman v. Zepp Pennsylvania Supreme Court No. 21 MAP 2021 Decided: December 22, 2021 The legal doctrine of res ipsa loquitor, “the thing speaks for itself,” is available in medical malpractice actions even when direct evidence is presented to support a claim for traditional negligence. Background In this medical malpractice action, Plaintiff… read more

March 01, 2022

eNotes: Liability – March 2022 – Federal

FEDERAL CASE SUMMARIES Mears v. Connolly United States Third Circuit Court of Appeals No. 21-1148, ___ F.4th ____ Decided: February 3, 2022 Nurse assigned to supervise visit at state psychiatric hospital who failed to protect visitor from violent actions of psychiatric patient is not immune from suit under the New Jersey’s Tort Claims Act Background… read more

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