| October | 2011
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Billing Custodian Affidavits and Expert Testimony Constitutes “Substantial Evidence” Sufficient to Rebut Statutory Presumption Regarding Value of Plaintiff’s Medical Treatment
By Beth Boggs
Boggs, Avellino, Lach& Boggs, L.L.C
William P. Montgomery, Jr., a contract laborer, slipped and fell on a driveway located on the property of Gordon Ray Wilson, Sr. and Gordon Ray Wilson, Jr. while performing work on the Wilson’s property. Montgomery was diagnosed with an injury to his cervical spine, requiring surgical intervention.
To read this article in its entirety, click here.
Jury Awards $70,000 to Victim of Nightclub Assault
By Beth Boggs
Boggs, Avellino, Lach & Boggs, L.L.C.
Ashley Stewart was at Blonde, a nightclub in Kansas City, MO, on October 10, 2008 when she was allegedly assaulted by former Kansas City Chiefs running back, Larry Johnson. According to the suit filed in the Circuit Court for Jackson County against Johnson and Stephanie Entertainment, which owned the club, Johnson made death threats to Stewart and her boyfriend and spit in Stewart’s face.
To read this article in its entirety, click here.
New Case from the California Supreme Court
By Michael L. Amaro
Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholtz LLP
The California Supreme Court, in a 6-to-1 decision, in Howell v. Hamilton Meats & Provision held that “an injured plaintiff whose medical expenses are paid through private insurance may recover as economic damages no more than the amounts paid by the plaintiff or his or her insurer for the medical services received or still owing at the time of trial .”
To read this article in its entirety, click here.
A Rite of Passage or a Right to Sue?
By Peter Lind and Lindsey Woodrow
Waldeck & Lind
In Duncanson v. Biaggi’s, Inc., A10-1786, defendant Twin City Outdoor Service, Inc. (“TCOS”) successfully defended the trial court’s decision to dismiss Ms. Duncanson’s negligence claim for injuries she sustained when she slipped and fell on a sidewalk outside of Biaggi’s Inc., in the middle of a Minnesota winter. The Minnesota Court of Appeals ultimately found that the three foot patch of ice upon which Ms. Duncanson fell was “open and obvious” and that TCOS did not have constructive knowledge of this particular patch of ice.
To read this article in its entirety, click here.
St. Louis City Jury Awards $200,000 for Slip and Fall, Assigns 40% Comparative Fault to Plaintiff
By Beth Boggs
Boggs, Avellino, Lach & Boggs, L.L.C.
On May 22, 2007, Martha Coe, was walking to a parking lot near Busch Stadium following a baseball game. Coe, who worked at the stadium, fell after allegedly slipping on broken asphalt in the parking lot. She claimed that the lot was insufficiently lit. Coe suffered a broken and dislocated left ankle as a result of the incident, and later underwent surgery to the ankle.
To read this article in its entirety, click here.
Submitting an Article for the Newsletter
NRRDA is dedicated to providing its members with updates of nationwide developments and trends relevant to the retail and restaurant industries. We encourage you to bring such developments to our attention by submitting a summary of or article pertaining to such developments. Please forward your proposed submissions to Beth Boggs, c/o NRRDA at adelel@nrrda.org.
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