Photo of Litigation Blog Cameron D. Turner cturner@smsm.com
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Companies facing product liability, complex commercial and toxic exposure litigation turn to trial attorney Cameron Turner for innovative and effective solutions. Mr …

Showing 2 posts by Cameron D. Turner.

COVID-19 Pandemic Negligence Claims: What is the Standard of Care When There is No Precedent?

I. Introduction

While the world is rightly focused on stemming the spread of the COVID-19 virus, the future holds a lot of uncertainty and unanswered questions.  How bad will the pandemic become and how many lives will be lost?  Will the world see waves of COVID-19 outbreaks in the future?  Will medical researchers develop a treatment or vaccine to manage COVID-19?  How long will humans have to engage in social distancing?  How will the current pandemic impact the world economy, and will we fall into a global recession?  Far down the list of questions surrounding the COVID-19 pandemic is whether the crisis will result in a flood of negligence claims filed by individuals afflicted with coronavirus illnesses against a host of potential defendants, including medical providers, nursing homes and senior care facilities, businesses and premises owners, individuals, private schools and universities, and personal protective equipment manufacturers, to name a few of the potential targets.  More likely than not, the answer to this question is that yes, negligence claims against these and other classes of defendants will follow.  The thought of that probably leaves a lot of people uncomfortable, since many of these potential defendants are the ones working tirelessly to treat those suffering from coronavirus illnesses and to protect the rest of society from getting sick. 

How these negligence claims will be treated remains to be seen, and while the black letter law for negligence is well-developed in the United States, never has negligence law been examined in the era of modern litigation in a situation like the current one, where quick action is necessary, so many lives are at risk and those who are most vulnerable to liability are also those acting in good faith and selflessly to help others.  The standard of care applied to defendants named in COVID-19 negligence claims will play a major role in the outcome of these future cases and will greatly impact the ability of defendants named in those cases to minimize their liability.  More »

Missouri Joinder/Venue Reform Bill Heading to Governor for His Signature

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On May 1, the Missouri House passed reform legislation that would impact venue and joinder rules in tort actions in the State of Missouri.  The legislation will be presented to Governor Parsons now for approval.  The bill provides that a rebuttable presumption exists that a plaintiff resides (and thus venue is proper) where the plaintiff is registered to vote at time of his or her injury.  If the plaintiff resides outside of Missouri, venue is proper where an individual defendant resides.  More »

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