122 results for 'cat:"Civil Procedure" AND cat:"Tort"'.
J. Kennedy finds that the lower court properly granted summary judgment to the appellee on the appellant's negligence claim stemming from an alleged automobile accident. The lower court did not err in dismissing the appellant's claim based on a "lack of due diligence in serving process." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 15, 2024, Case #: 05-22-01363-CV, Categories: civil Procedure, tort
J. Pena conditionally grants in part this petition for a writ of mandamus, in which the relators challenge an order concerning a medical examination in the underlying personal injury suit. The lower court abused its discretion in requiring that the examination be recorded, as there was no good cause shown.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 14, 2024, Case #: 13-23-00437-CV, Categories: civil Procedure, tort, Discovery
J. Currault grants a request by a T.J. Maxx store allowing it to withdraw admissions to facts that had been deemed admitted when it responded past a deadline to a litigant's discovery requests for her slip and fall suit. Allowing the store to withdraw the deemed admissions at the early stage of the litigation is proper. Withdrawal of the deemed admissions is favored, as it will allow for resolution of the litigant's suit on its merits rather than procedural error. Further, withdrawal will not hurt the litigant's case, despite her protests of the store counsel's "abuses of professional courtesies."
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 7, 2024, Case #: 2:23cv5020, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, tort, Discovery
J. DuBow finds that the lower court improperly transferred the venue of a Walmart contractor’s slip-and-fall case, arising from her falling on a slippery substance at a distribution center, from Philadelphia County to Lehigh County based on forum non conveniens. The court was obligated to cater to the contractor’s choice of forum as Walmart did not prove its witnesses who would allegedly be burdened by having to travel to Philadelphia were key to their defense. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: February 2, 2024, Case #: J-A26012-23, Categories: civil Procedure, tort, Venue
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Per curiam, the appellate court finds that the lower court properly denied the opera singer's motion for a special trial preference in a suit stemming from her fall from an elevated platform while performing at the Metropolitan Opera House. While the singer's income decreased post-accident, it remained reasonably adequate for her needs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00467, Categories: civil Procedure, tort
J. Windhorst finds that the trial court properly dismissed a patron's slip and fall claim against a store. The patron did not show that he properly e-filed his petition within the prescriptive period. The email that the patron admitted to establish the filing does not reference a specific case or the type of pleading. Further, there is no evidence from the clerk of court showing any record of an e-filing or attempted e-filing regarding this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: January 31, 2024, Case #: 23-CA-189, Categories: civil Procedure, Evidence, tort
J. Pedersen finds that the lower court improperly entered a take-nothing judgment as a death-penalty sanction in this personal injury suit. The lower court indicated that the death-penalty sanction was imposed "in response to appellant's failure to pay the $1,000 sanction," which revealed nothing about her claim. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 30, 2024, Case #: 05-22-00274-CV, Categories: civil Procedure, Sanctions, tort
J. Rice grants the family's motion to amend their complaint against a security guard service company alleging that a security guard broke the speed limit to follow the family's truck, got out of the vehicle once they all parked, and assaulted one of the family members for allegedly trespassing on a property. The family seeks to amend their complaint to name the security guard service's parent company and the security guard at the heart of this lawsuit, and the security guard services company does not oppose this motion.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: January 22, 2024, Case #: 2:23cv338, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, tort
J. Wilkins vacates the district court's order partially denying a woman's motion to seal in her injury case against a university. The district court failed to consider all of the required factors, including whether public interest outweighs her interest in medical privacy. Vacated.
Court: DC Circuit, Judge: Wilkins, Filed On: January 9, 2024, Case #: 22-7148 , Categories: civil Procedure, tort, Privacy
J. Henderson certifies a question to the court of appeals concerning a case in which the metro transit authority argues a person who suffered a fatal fall from a train platform was a trespasser, not a passenger, when he fell over the retaining ledge and, therefore, it was not required to render aid. The question of the decedent's status and, thus, the transit authority's duty of care, has no controlling precedent from the D.C. Court of Appeals.
Court: DC Circuit, Judge: Henderson, Filed On: December 29, 2023, Case #: 22-7154 , Categories: civil Procedure, tort, Negligence
J. Greene finds that the trial court properly dismissed the store patron's slip and fall suit over injuries that allegedly resulted from a crack in the pavement. Based on its small size and location in the sidewalk, the crack did not constitute an "unreasonably dangerous condition." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: December 27, 2023, Case #: 2023CA0527, Categories: civil Procedure, tort
J. Palafox finds a lower court erred in denying a citizen's motion to reinstate a case after she sued a school district following a car accident with a school bus. While the case was dismissed due to their lawyer's "failure to appear at two hearings," the citizen has established that the absence was "not intentional or the result of conscious indifference" on her part. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 21, 2023, Case #: 08-23-00083-CV, Categories: civil Procedure, tort, Vehicle
Per curiam, the appellate division finds that the lower court improperly denied the companies' motion to consolidate this action alleging injuries due to carbon monoxide fumes with another action pending before the same court. The two actions arise out of the same underlying occurrence, and have significantly overlapping facts. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 19, 2023, Case #: 06498, Categories: civil Procedure, tort
J. Pedersen finds that the lower court improperly dismissed the appellant's claim based on a failure to appear for trial in this case arising from a motor vehicle accident. The lower court abused its discretion by allowing the appellant motorist's new trial motion to be denied by operation of law, as the appellant provided a reasonable explanation for her failure to appear. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 13, 2023, Case #: 05-22-00997-CV, Categories: civil Procedure, tort, Vehicle
J. Nivison grants, in part, an ex-wife's motion for partial summary judgment pertaining to her former husband's res judicata defense to her personal injury claim. The parties' divorce decree did not decide issues related to her injury claim.
Court: USDC Maine, Judge: Nivison, Filed On: December 11, 2023, Case #: 2:20cv452, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Family Law, tort
Per curiam, the court of civil appeals finds that the lower court improperly dismissed the appellant's personal injury lawsuit against the City of Birmingham, allegedly stemming from a fall on a city sidewalk. The court notes that the city attorney acknowledged receipt of the injured pedestrian's affidavit-of-claim form, which was mailed to "the address supplied by the City." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 8, 2023, Case #: CL-2023-0392, Categories: civil Procedure, tort, Negligence
J. Stabile finds that the lower court properly disposed of post-trial motions in this case wherein a maintenance worker who suffered lung damage from exposure to a disinfectant fogger applied to a sealed room at United Cerebral Palsy of Philadelphia was awarded $1 million in damages. The organization failed to follow the proper procedure to appeal the disposals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: December 7, 2023, Case #: J-A20018-22, Categories: civil Procedure, tort, Damages
J. Pena finds that the lower court improperly denied the appellant's plea to the jurisdiction in this personal injury lawsuit stemming from a vehicle collision. The appellee motorist failed to file suit within the limitations period, and "the doctrines of misnomer and misidentification do not apply to toll the limitations period." Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: December 7, 2023, Case #: 13-22-00575-CV, Categories: civil Procedure, tort, Jurisdiction
J. Jewell finds that the trial court improperly denied summary judgment to the school district in a motorist's suit over an auto accident with its police officer who was responding "to a report of a person with a gun at an elementary school." The evidence shows that the emergency response exception applies to the actions of the officer, so the school district has immunity as to the motorist's claims. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 30, 2023, Case #: 14-22-00223-CV, Categories: civil Procedure, tort, Immunity
J. Mackey finds that the lower court improperly dismissed claims seeking damages for the sexual assault of a minor in the late 1980s by employees and associates of the state performing arts center in Albany because the proffered four-year time frame provided adequate notice of the claims, and the allegations of rape were sufficiently detailed. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 22, 2023, Case #: 535436, Categories: civil Procedure, tort
J. Kinkeade grants, in part, the government's motion to designate third parties in a case involving a driver's collision with an FBI agent. The government may amend to designate a state agency, as it has shown good cause for its belated amendment.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: November 17, 2023, Case #: 3:23cv74, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, tort
[Consolidated.] J. Thapar finds the lower court properly granted the government's motion to dismiss tort claims filed by the decedent's estate and his family members. The estate failed to file an administrative claim with the Department of Homeland Security before it filed suit, while the family members waited more than a year past the statute of limitations before they filed both the administrative claim and the federal lawsuit. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 8, 2023, Case #: 22-1591, Categories: civil Procedure, tort, Wrongful Death
J. Greene finds that the lower court improperly dismissed the motorist's injury claims against the state department of transportation over a crash at a highway-railroad crossing. Based on the evidence, there are genuine issues of material fact as to whether the department "had custody of the railroad pavement markings and lights." Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 3, 2023, Case #: 2023CA0457, Categories: civil Procedure, tort
J. Soto finds a lower court did not err in denying an insurance company’s efforts to intervene in a personal injury lawsuit brought against an oil services company by workers who said they were injured in an explosion. The insurer cannot show a lower court abused its discretion by denying its intervention because the insurer’s question of whether it has a duty to indemnify the oil company can be determined “if and when a judgment is entered” against the oil company.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 31, 2023, Case #: 08-23-00223-CV, Categories: civil Procedure, Insurance, tort