21 results for 'cat:"Jury" AND cat:"Vehicle"'.
J. Dick grants a new trial to a car passenger awarded $119,000 in damages by a jury on his claims against the insurer of the vehicle and its uninsured driver. The jury failed to award any compensation for future pain and suffering to the accident victim, an iron worker who continues to work despite experiencing constant neck and back pain from the crash.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: September 18, 2024, Case #: 3:22cv150, NOS: Motor Vehicle - Torts - Personal Injury, Categories: jury, vehicle, Damages
J. Vance denies a request by two car passengers allegedly injured in hit-and-run in 2021 to exclude evidence of their driver’s hit-and-run collision the previous year. The evidence is introduced by the driver’s insurer in both cases, which is being sued for its uninsured motorist policy proceeds. Both cases involve an unknown hit-and-run driver. The insured driver, a lawyer, drove and owned both cars in the two accidents. The driver’s insurer denied payment in both cases for lack of information. The evidence from the 2020 accident is relevant. Court issuance of “limiting instructions" regarding the purpose and scope of the evidence from the 2020 accident will suffice to prevent any jury confusion.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: September 10, 2024, Case #: 2:23cv1430, NOS: Insurance - Contract, Categories: Evidence, jury, vehicle
Per curiam, the Connecticut Court of Appeals finds the trial court adequately instructed the jury on rules related to emergency vehicles in a liability case involving a motorcyclist who suffered injuries when he collided with an officer who switched on emergency lights and proceeded through an intersection against a red light. The concerns that the city and the officer raise regarding the court’s instructions are not sufficient to constitute an error that would unfairly impact the jury’s ruling in favor of the motorcyclist. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: August 30, 2024, Case #: AC 46228, Categories: jury, vehicle, Negligence
J. Harris finds that the district court improperly granted the injured driver pre-verdict interest for his car collision lawsuit against the at-fault driver. The injured driver argues that the pre-verdict interest accrued from the date of the claim notice to the date the jury returned is verdict, while the at-fault driver argues that the district court should calculate pre-verdict interest before reducing the verdict by collateral sources. Pre-verdict interest falls under compensatory damages, and the district court should not have subtracted collateral sources from the jury award before it calculated the pre-verdict interest. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Harris, Filed On: August 19, 2024, Case #: A24-106, Categories: jury, vehicle, Damages
[Consolidated.] J. Countiss finds that the trial court properly denied defendant’s motion for mistrial for abuse of discretion after a jury found him guilty of four felony offenses of intoxication manslaughter with a deadly weapon. The trial court acted within its proper discretion by sending the jury out of the courtroom after an observer became emotional and by instructing the jury to disregard that emotional outburst. Affirmed.
Court: Texas Courts of Appeals, Judge: Countiss, Filed On: August 6, 2024, Case #: 01-22-00956-CR, Categories: Manslaughter, vehicle, jury Instructions
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J. Wolfe finds the trial court improperly awarded more than $8 million to the garbage truck driver injured in a collision with a train. The garbage truck was struck by the train after attempting to correct a wide turn as it proceeded across the narrow railroad crossing. Though the crossing was narrower than the street it crossed, in violation of industry standards, inconsistency in the jury verdict made it impossible for the court to enter judgment in conformity with the jury's answers. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wolfe , Filed On: August 6, 2024, Case #: 2023 CA 1209, Categories: jury, Transportation, vehicle
J. Shea holds that a habitual traffic offender operating a motor vehicle is an absolute liability offense, so the trial court was not required to instruct the jury on defendant's mental state or to consider whether she knew she had been designated a habitual offender. Affirmed.
Court: Montana Supreme Court, Judge: Shea, Filed On: July 2, 2024, Case #: DA 22-0066, Categories: vehicle, jury Instructions
J. Tabor finds that defendant was properly convicted of eluding, driving while revoked, and leaving the scene of a personal-injury accident following a high-speed chase with police because defendant failed to raise claims that the state possessed information about prospective jurors, and thus had an advantage in the case, until he moved for a new trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: June 19, 2024, Case #: 22-1587, Categories: Criminal Procedure, jury, vehicle
J. Stiglich finds the district court properly entered judgment in favor of the accused driver in this injury suit. The court's saying that it was "not sure" as to whether it liked the "tipping the scales" doctrine when giving jury instructions did not misstate the law, and no error is found here. No curative instruction was necessary. The injured driver does not present argument as to why the court should adopt cumulative error doctrine. No error is found in the court's allowing the accused driver to use impeachment evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: May 30, 2024, Case #: 85979, Categories: jury, Tort, vehicle
Per curiam, the Texas Supreme Court finds that the court of appeals improperly approved damages awarded to a woman who sued a truck driver and his employer after being injured in an accident. The truck driver moved for a mistrial after the woman's attorney said that the driver's suggestion of damages was lower because she was a woman and African-American, which the court denied. The accusation made by the woman's counsel created incurable harm to the jury, thus necessitating the case to be revisited. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-0521, Categories: jury, vehicle
J. Ortego finds that defendant was properly convicted for carjacking and adjudicated as a fourth habitual offender, resulting in a life sentence of hard labor without parole. There was plenty of evidence that defendant attacked the carjacking victim unprovoked, thus there was "violence" and all of the elements of the crime were established beyond a reasonable doubt. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: KA-23-736, Categories: Robbery, vehicle, jury Instructions
J. Bivins denies a trucking company and its truck driver’s motion for partial summary judgment in this personal injury lawsuit after the truck driver was using his cell phone and rear-ended a driver and his passenger on the interstate. The driver and passenger allege that the truck driver did admit to using the cell phone while speeding. A reasonable jury could decide the truck driver’s behavior was inherently reckless because he took his eyes off the interstate.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: April 22, 2024, Case #: 1:23cv125, NOS: Motor Vehicle - Torts - Personal Injury, Categories: jury, vehicle, Negligence
J. Abele finds that although the trial court added a recklessness element to the jury instruction for defendant's driving with fictitious license plates charge, defendant was not prejudiced. It decreased the likelihood of a guilty verdict and did not affect the outcome of the trial. Meanwhile, defendant's erratic driving, admission to the arresting officer he had been "snorting a perc," and the officer's testimony about slurred speech and constricted pupils was sufficient to support his conviction for driving while impaired. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: March 15, 2024, Case #: 2024-Ohio-1036, Categories: Dui, vehicle, jury Instructions
[Modified.] J. Kelety excludes part III from the previously published opinion in this case. The state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 6, 2024, Case #: D081267, Categories: jury, vehicle
J. Kelety finds that the state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 2, 2024, Case #: D081267, Categories: jury, vehicle
J. Johnson finds the trial court properly convicted defendant for evading arrest or detention with a motor vehicle. The record supports the state’s race-neutral explanation for its peremptory strikes of jurors with Hispanic surnames. Other jurors with Hispanic surnames served on the jury and the trial court could have reasonably determined that defendant failed to meet his burden to show that the facially neutral reason was pretextual. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-23-00070-CR, Categories: jury, Escape, vehicle
J. Dillard finds no error in the jury's verdict in favor of the cyclist and motorist in the citizen's negligence lawsuit over a car accident she says they caused which led to her neck and back injuries. Although the trial court's jury instruction regarding the preponderance-of-the-evidence standard was "erroneous and misleading" as the citizen claims, the error does not warrant a new trial, in part because the driver herself admitted at trial that neither the motorist nor the cyclist "did anything wrong" to cause the accident, making it unlikely that the disputed instruction contributed to the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 3, 2023, Case #: A23A0986, Categories: jury, vehicle, Negligence