Lawsuits Filed In Connection With Stafford Plane Crash Jan 27, 2007
In the legal response to the suits, Richmond attorney Albert M. Orgain IV wrote that the crash was caused by an "intervening or superseding cause" for which Potter was not responsible, but does not give the specific cause. The National Transportation Safety Board has not released a cause of the crash. (WTVR.com, VA)
The wives of two of the men killed in a Stafford County plane crash have sued Rick Potter's estate in wrongful death suits. Read the story and see PDFs of the court filings. Jan 26, 2007
The legal response to the two lawsuits was submitted by Richmond attorney Albert M. Orgain IV. Orgain denied the allegations and writes that "the accident was caused by an intervening or superseding cause" for which Potter was not responsible. It does not name the specific cause. (Fredericksburg.com, VA)
Court ruling reins in habit of shifting responsibility Jan 22, 2005
In overturning the verdict of the first trial, the state Supreme Court abolished the century-old concept of superseding cause, a court doctrine that allowed the manufacturer to argue it was not liable because the construction contractor, DeLuca Construction Company of Stamford, failed to install adequate fall-protection devices, according to the Supreme Court decision. Andrew Maloney, an attorney for Kreindler dler in Manhattan and co-counsel for the two carpenters, said that superseding cause... (Greenwich Time)
Court overturns verdict against doctor Mar 28, 2004
- Excluding a jury instruction on the superseding cause of Moore's injury, which denied Eckman the right to have his theory of the case properly presented to the jury. - Improperly admitting a large number of photos and two day-in-the-life videos that could have prejudiced the jury. (Northeast Mississippi Daily Journal)
Surgeon must pay verdict of $3M Oct 26, 2003
Justice Chuck Easley, writing in this week's 5-3 decision, said the acts of the nursing staff cannot be an intervening and superseding cause. "While it is true that many expert witnesses testified that the nursing staff fell below the standard of care by failing to adequately monitor and perform the neurological checks on Taylor the night of February 21-22, 1999, there was also testimony that Dr. Eckman fell below the standard of care before, during and after the time period in which the nurses... (Jackson Clarion Ledger, MS)
