52 results for 'cat:"Civil Procedure" AND cat:"Wrongful Death"'.
[Consolidated.] J. Van Meter finds that the court of appeals should have dismissed civil claims contending a young girl died of carbon monoxide poisoning after residential contractors performed work on their house because plaintiffs delayed more than two years before appointing an administratrix for the estate after the original administrator passed away. Reversed.
Court: Kentucky Supreme Court, Judge: Van Meter, Filed On: October 26, 2023, Case #: 2022-SC-0177-DG, Categories: civil Procedure, wrongful Death
J. Overstreet finds that the appeals court properly reversed the lower court's order in favor of the city on the issue of whether collateral estoppel barred two convicted murderers from litigating their excessive force claims stemming from a fatal police shooting that killed a co-conspirator. However, the court correctly entered judgment in favor of the city on the estate's claims, because the jury's interrogatory answers firmly show it found the police officers' actions were not reckless when they used deadly force. Affirmed in part.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 127837, Categories: civil Procedure, Jury, wrongful Death
J. Fuller finds the trial court properly dismissed the parents' medical malpractice and wrongful death lawsuit against the health care system and doctors over their daughter's death two weeks after receiving care at the system's facilities for two days. In part given the timing of the filing of the parents' complaint, underlying statutes of limitation and filing deadlines, and the brief suspension of such deadlines during the Covid-19 pandemic in 2020, the trial court correctly determined the parents had not satisfied a Georgia-law requirement that they timely file an expert affidavit with their complaint, mandating dismissal. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: October 2, 2023, Case #: A23A0631, Categories: civil Procedure, wrongful Death, Medical Malpractice
J. Docherty partially grants the father's motion to amend a scheduling order and his complaint and grants the county and its employees' motion to amend the scheduling order, but denies the county and employees' motion for a protective order precluding the father from deposing the assistant county attorney who represented the county in a CHIPS case concerning his now-deceased child. The father may amend his complaint to add a negligence claim, but not a claim alleging civil rights violations since that claim would be rendered futile by precedent regarding state-created danger claims involving children removed from, then returned to, abusive environments. He may also add a claim for punitive damages. The father may depose the assistant county attorney, but may only inquire as to her impressions of a particular meeting and to advice she gave that is at issue here. The county and employees have not shown any extraordinary circumstances warranting their proposed amendments to the scheduling order, whereas the father's is "based on a sea-change in Minnesota law."
Court: USDC Minnesota, Judge: Docherty, Filed On: September 11, 2023, Case #: 0:22cv2035, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Civil Rights, wrongful Death
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J. Pedersen conditionally grants in part the relators' petition for a writ of mandamus, in which they seek an order compelling the lower court to rule on a Rule 12 motion and to vacate certain other rulings in the underlying wrongful death proceeding. The lower court is directed "to hear and to rule" on the Rule 12 motion to show authority, as well as the hotel's motion for summary judgment.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 11, 2023, Case #: 05-23-00425-CV, Categories: civil Procedure, wrongful Death
J. Garcia grants the government's motion to dismiss, ruling the estate's failure to include the decedent's minor children and loss of consortium claims in its administrative notice form deprives this court of jurisdiction over those claims. Meanwhile, the government is entitled to summary judgment on the Federal Tort Claims Act negligence claim because the estate failed to effect service by the required deadline, which deprived the government of notice regarding the first complaint.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 11, 2023, Case #: 1:21cv211, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Government, wrongful Death
J. Bustamante finds the lower court properly granted the hospital's motion for summary judgment because any vicarious liability claims against for medical care provided by its doctor were extinguished when the doctor was voluntarily dismissed from the case. Meanwhile, the court properly denied the estate's motion for reconsideration of the motion to dismiss the doctor from the case because it was not a final decision, given that numerous claims remained against other parties at the time it filed the motion. Affirmed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: August 17, 2023, Case #: A-1-CA-39697, Categories: civil Procedure, wrongful Death, Medical Malpractice
J. Moody rules in part for police defendants in civil rights and wrongful death claims. The decedent was an innocent bystander to a high speed police chase that resulted in his death, but evidence does not indicate officers acted in an unreasonable manner. Meanwhile, remaining state law claims should be heard in that venue.
Court: USDC Northern District of Indiana, Judge: Moody, Filed On: August 11, 2023, Case #: 2:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, wrongful Death
J. Pitman grants a law firm’s motion to intervene in a wrongful death case against the city of Austin and city police in which the law firm said it was removed from the case “without good cause” despite spending “significant amounts of time” investigating the family’s claims and otherwise working on the issue. The law firm has met its burden to intervene, including by showing it has an interest in this case due to a prior contingency fee arrangement and because no other party in this case will advocate for its interests.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 2, 2023, Case #: 1:23cv9, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, wrongful Death, Contract
[Consolidated.] J. Stevens finds that the lower court improperly issued discovery orders in this wrongful death and survival action brought by the decedent of a foster care parent murdered by her foster child, then 17 years old. The court’s order was improperly based on the ground that the discovery did not seek information from the foster care case record. Vacated.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: July 28, 2023, Case #: J-A10034-23, Categories: civil Procedure, Negligence, wrongful Death
J. Reiss grants an insurance company's motion to dismiss the parents' wrongful death action alleging that the homeowner had loaded and unsecured firearms in her bedroom and was within the scope of her employment when their son accidentally killed himself with a pistol. The parents did not plausibly allege the homeowner's storing of the firearms was "conduct within the scope of her employment" or that a "special relationship" imposed a duty on the company to control her actions outside her employment.
Court: USDC Vermont, Judge: Reiss, Filed On: July 20, 2023, Case #: 2:22cv199, NOS: Other - Forfeiture/Penalty, Categories: civil Procedure, Negligence, wrongful Death
J. Poissant finds that the trial court properly granted summary judgment to the equipment provider relating to a collision involving a front loader that was leased to another company. The company's employee backed into traffic and caused a crash with another vehicle, killing the driver and injuring its passengers. The evidence does not show that the equipment provider had a duty to ensure the front loader was "equipped and furnished for its safe operation" Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: July 13, 2023, Case #: 14-21-00704-CV, Categories: civil Procedure, Negligence, wrongful Death
J. Doyle finds that the trial court properly granted the cities' motion to dismiss a negligence and wrongful death action brought by the estate alleging that the cities' emergency personnel failed to timely arrive and provide first aid to decedent, who died from gunshot injuries. The trial court correctly found that the estate's ante litem notices did not comply with the statutory requirements because they sought an indefinite amount "not less than" $1 million. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A22A0739, Categories: civil Procedure, Negligence, wrongful Death
J. Barnes finds that the trial court properly granted the city's motion to dismiss a wrongful death action brought by the parents after their son was fatally struck by a car while trying to cross a road that allegedly lacked sufficient crosswalks and other pedestrian safety measures. The parents claimed the city failed to provide timely public school busing, causing their son to try to walk to school the day he was killed. The parents' original ante litem notice did not contain allegations of negligence by the city, instead identifying only the public school system's allegedly negligent acts. The notice therefore failed to substantially comply with the statutory requirements. The amended notice was provided to the city outside the six-month deadline and did not relate back to the date of the original notice. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: June 20, 2023, Case #: A23A0904, Categories: civil Procedure, wrongful Death
J. Beachley disagrees with the lower court’s ruling that the common law husband of a deceased woman is not allowed to sue a doctor for wrongful death because in Maryland, someone must present at least two documents verifying the marriage. However, as this marriage happened in Pennsylvania, and that state’s laws only require one document for proof — including the type of affidavit the husband presented — the marriage is deemed legitimate and the husband is allowed to proceed. Reversed.
Court: The Appellate Court of Maryland, Judge: Beachley, Filed On: May 23, 2023, Case #: 24-C-21-000851, Categories: civil Procedure, wrongful Death