FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]
FELA, cumulative trauma, defense verdict
FELA: Jury improperly instructed on statute of limitations in cumulative trauma case (when injury was discovered correctly held to be fact question for jury)… disparagement of case on cross and in closing as get-rich scheme by unscrupulous attorneys, dishonest co-workers, mercenary doctors requires new trial following defense verdict… Neill reversed, affirmed. [Read more…]
Work comp/procedure, exclusivity, discovery
WORK COMP/PROCEDURE: Exclusivity claim improperly dismissed under 12(b)(6) without opportunity for discovery to establish intentional conduct… 39-71-413 constitutional [Read more…]