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Not-to-Be-Missed Verdicts & Settlements
From FC&S Legal: The Insurance Coverage Law Information Center

Lawsuit Alleged that Distracted Motorist Struck Scooter's Rider
A 14 year old girl injured when she was struck by, or collided with, a car will receive $37,500 in damages after a jury trial in New York.

Facts & Allegations
On May 14, 2012, Sarah Taub, 14, was struck by, or collided with, a car as she was riding a motorized scooter across 68th Avenue in the Glendale section of Queens, New York.

Sarah's father, Elias Taub, acting individually and as Sarah's parent and natural guardian, sued the vehicle's driver, Tova Fischer. Mr. Taub alleged that Ms. Fischer had been negligent in the operation of her vehicle.  
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Jury Rejects Violinist's Claim that Boxer Knocked Her Down in Dog Park Due to Owners' Negligence
A Texas jury has rejected a negligence claim brought by a woman who alleged that she had been injured when a dog ran into her from behind at a dog park.

Facts & Allegations
Tammy Sparks, a violin teacher for the Wichita Falls School District, a member of the Wichita Falls Symphony Orchestra and a coach of the Wichita Falls Youth Orchestra in Wichita Falls, Texas, alleged that she was with her husband and their two dogs, in the "large dog" section of a dog park in Wichita Falls when a 45-pound female boxer named Riley, belonging to Bethany Windal and her husband, ran into her from behind at full speed and she fell and broke her wrist.  
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Guest Who Fell Off Pool Deck, Fracturing His Ribs, Was Negligent, Jury Finds
A jury in Hays County, Texas, has decided that a guest who fell off a pool deck that partially surrounded an above-ground pool was negligent and not entitled to any damages from the homeowners.

Facts & Allegations
Jeff Haese, a self-employed homebuilder, was at a party at the home of his friends James and Jeanene Berry, in Driftwood, Texas. At about midnight, Mr. Haese and another guest decided to go swimming in the oval, above-ground pool that the Berrys had in their backyard.

Mr. Haese contended that he and the other guest were walking on a deck that half-encircled the pool to the pool ladder; the deck, he said, ended about two feet past the ladder.  
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Plaintiff's Jury Verdict Comes after He Asserted Other Driver Had Worked an Overnight Shift and Fatigue May Have Played a Role in Accident
A jury has ruled in favor of a plaintiff who was injured in an auto accident by a driver who, the plaintiff contended, may have suffered from fatigue after working an overnight shift as a nurse.

Facts & Allegations
Ricky King alleged that he was rear-ended at a stoplight by Sibi Joseph. He sued Ms. Joseph, alleging that she had negligently failed to keep a proper lookout, failed to control her speed, and followed too closely.

Mr. King's counsel argued that fatigue may have played a role in the accident because Ms. Joseph, a nurse, was driving home from an overnight shift at a hospital.  
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Also of Interest:
Insurance Law by Barry Zalma, Esq., CFE
Written by nationally-renowned insurance coverage expert Barry Zalma, an insurance coverage attorney, consultant, expert witness and blogger, Insurance Law introduces the new insurance professional to the fundamental principles of insurance and provides the experienced litigator analyses of today’s leading insurance law decisions nationwide.

Today's Indispensable Online Tool for Insurance Coverage Law
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