164 results for 'cat:"Evidence" AND cat:"Negligence"'.
J. Marcel finds that the trial court properly found for a homeowner who sued a dog owner for negligence after she was bitten by the dog while the dog owner was walking by her home. The homeowner testified that the dog bit her during an altercation with the homeowner's dog through a small hole in the fence. Further, the homeowner testified that the injury led to multiple surgical interventions and caused residual impairments to her finger. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 28, 2024, Case #: 23-CA-373, Categories: evidence, negligence
J. Schlegel finds that the trial court should not have granted a neighbor's exception of prescription on a property owner's claim filed on September 13, 2022, that his house was damaged when the neighbor's tree fell on it during a hurricane. In this case, although the homeowner's petition references Hurricane Ida making landfall on or about August 29, 2021, the petition does not actually allege a specific date when the tree fell and damaged his property. Further, the neighbor did not introduce evidence as to when the damage occurred. The undisputed evidence shows that the homeowner did not return to his home until September 17, 2021, after evacuating before the hurricane made landfall. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: March 27, 2024, Case #: 23-CA-408, Categories: evidence, Property, negligence
J. Emas finds the trial court did not err by granting the citizen's motion to amend her complaint to add a claim for punitive damages in her lawsuit against the motorist who backed into her in a parking lot and pinned her between two cars, causing injuries requiring surgery. Despite varying accounts given from witnesses, there was an evidentiary basis to allow the citizen to add her claim for punitive damages because, she asserts, the motorist was drunk at the time of the incident. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 27, 2024, Case #: 23-0639, Categories: evidence, Damages, negligence
Per curiam, the appellate court finds that the trial court should not have excluded medical records a plaintiff driver produced after the expiration of the discovery deadline and shortly before the first trial date. In this case, due to no fault of the parties, the trial was continued for several months, allowing ample time for additional discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 22, 2024, Case #: 24-C-21, Categories: evidence, negligence, Discovery
J. Contreras finds that the lower court improperly granted summary judgment to the defendant store in this premises liability lawsuit alleging that a shopper was injured when she "slipped and fell on some water." The lower court erred in excluding certain expert testimony, specifically regarding the store's maintenance of the roof and its efforts to "contain the leak." Additionally, there are fact issues remaining for the jury. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 21, 2024, Case #: 13-23-00205-CV, Categories: evidence, negligence, Experts
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J. England grants, in part, Walmart’s motion for summary judgment in this slip-and-fall case brought by a customer claiming of negligence and wantonness. The customer argues that Walmart the broken tile should have been discovered by employees as it was part of the premises creating a hazard. Her testimony and evidence support the defect, the piece of tile was present and the reason for her fall. Therefore, the wantonness claim is dismissed and the remaining claim for negligence is denied. The parties are ordered to confer and file a joint status report regarding the next steps.
Court: USDC Northern District of Alabama , Judge: England, Filed On: March 20, 2024, Case #: 2:22cv643, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence, Premises Liability
J. Marcel finds that the trial court properly dismissed a customer's slip and fall action over an incident in a market. The video surveillance footage shows two tall yellow warning cones placed close to the center of the aisle next to the frozen food cooler where the fall took place. Further, the patron can be seen maneuvering his shopping cart around the cones immediately before the fall. Therefore, the market took reasonable precautions to warn patrons of the potentially hazardous wet floor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 13, 2024, Case #: 23-CA-227, Categories: evidence, negligence
J. Mitchell finds that the lower court properly found the medical transportation company negligent for failing to secure a passenger's wheelchair, causing her to hit her head. The company failed to properly preserve its claim that the court erred in admitting evidence of three other similar incidents involving different drivers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 12, 2024, Case #: WD86114, Categories: evidence, negligence
J. Manasco grants a mortgage company’s motion for summary judgment in this personal injury lawsuit brought by a couple after the husband was injured when the brick on the stairs collapsed, causing him to fall and land on a stake sticking up out of the ground. The couple claims negligence, wantonness and loss of consortium, but lack enough evidence of the mortgagor’s culpable knowledge on any of those claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 12, 2024, Case #: 2:21cv1417, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence, Premises Liability
J. Stafford finds the lower court properly found in favor of a store in a premises liability matter. A customer fell as she entered the store, breaking her hip. It was raining and store personnel placed a mat and wet floor sign at the store entrance. Video surveillance footage showed the customer shuffle across the mat and fall. The customer's original complaint alleged she slipped on the wet floor, but the store argued that she tripped over her own feet as she shuffled across the mat; the customer amended her complaint to claim the wet mat caused the fall. The lower court found the customer presented no evidence that the mat caused the fall and that her original claim was unsupported as video evidence showed she fell while on the mat, never having an opportunity to slip on the floor. On appeal, the customer argues the lower court erred in its decision because it did not view the full video surveillance video, but the lower court informed the parties it was unable to due to technical difficulty, and the customer failed to object, thereby waiving her argument. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: March 6, 2024, Case #: E2023-00702-COA-R3-CV, Categories: evidence, negligence, Premises Liability
J. Nugent grants Target's motion for summary judgment, ruling there is no evidence any store employee knew the dock plate was wet or slippery when the truck driver made the delivery or that the plate was wet at all. Furthermore, considering the driver finished unloading his delivery without checking or wiping the dock plate down, he cannot prove his claim the store made an unreasonably safe condition that led to his fall.
Court: USDC Northern District of Ohio, Judge: Nugent, Filed On: March 5, 2024, Case #: 1:23cv328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence, Premises Liability
J. Christopher finds that the trial court properly ruled in favor of the auto parts delivery driver in her personal injury suit over a rear-end crash caused by another driver. The evidence sufficiently supports the damages awarded to the delivery driver for medical expenses and the finding that the accident caused the injuries to her cervical spine and hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: March 5, 2024, Case #: 14-23-00338-CV, Categories: evidence, Damages, negligence
J. Gremillion finds that the trial court improperly granted summary judgment as to design defect and other claims in a customer's suit over injuries suffered at an amusement park that occurred when he landed head-first while exiting a slide. There are genuine issues of fact as to whether a deviation from the slide template caused the customer's injuries. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: February 28, 2024, Case #: CA-23-446, Categories: evidence, negligence, Product Liability
J. Cain grants summary judgment to the owner of a casino and hotel, and against an elevator passenger whose negligence suit alleges the five-floor lift malfunctioned, triggering a series of abrupt, nonviolent drops, stops and starts. Based on an elevator expert's testimony, there is no inference of negligence or breach of duty by the casino.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: February 27, 2024, Case #: 2:22cv174, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence, Experts
[Consolidated.] J. Theriot finds that the lower court properly granted partial summary judgment in favor of the boat seller in litigation brought on behalf of the decedent's surviving children stemming from his death on a vessel that capsized. Because the surviving children "judicially confessed" that the decedent was a seaman or longshoreman, their claims fall under federal maritime law. So the claims for wrongful death, survival damages and nonpecuniary damages were correctly dismissed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: February 23, 2024, Case #: 2023CA0839, Categories: evidence, Maritime, negligence
J. Rambin finds that the trial court properly entered a take-nothing judgment in a suit stemming from a collision between a disabled vehicle and wrecker along the shoulder of the interstate. Based on the conflicting evidence, it was reasonable for the jury to conclude that neither party's negligence caused the accident and that the crash could not have been avoided. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: February 23, 2024, Case #: 06-23-00062-CV, Categories: Civil Procedure, evidence, negligence
J. Arpert grants spoliation sanctions against Outback Steakhouse in slip and fall claims brought by a patron because surveillance video of the restaurant bathroom would have had probative value, and witness testimony would not supplement the footage. Meanwhile, the restaurant manager failed to take reasonable steps to preserve video from the USB thumb drive.
Court: USDC New Jersey, Judge: Arpert, Filed On: February 21, 2024, Case #: 3:19cv18277, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, Sanctions, negligence
J. Baker finds that the trial court should have taken judicial notice of an injured pedestrian's low blood alcohol content after admitting into evidence that he had been drinking before he was struck by a vehicle while walking in a crosswalk. Judicial notice does not require the introduction of evidence as proof of a fact. Reversed in part.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 20, 2024, Case #: DA 23-0134, Categories: evidence, negligence
J. Kyzar finds that the trial court properly ruled in favor of the city parties in a pedestrian's personal injury suit over an incident where he stepped on a manhole cover that broke, causing his leg to fall into the manhole. The pedestrian did not give evidence that the city had prior notice of the defective manhole cover. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 14, 2024, Case #: CA-23-613, Categories: evidence, negligence
J. Grimes finds that the trial court properly granted a judgment notwithstanding of the verdict to landlords after a jury found they were partially responsible for an attack by their tenant's pit bull dogs. No direct or circumstantial evidence was presented to show that they knew their tenant's dogs were dangerous. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: February 9, 2024, Case #: B324831, Categories: evidence, negligence
J. Kyzar finds that the trial court properly granted partial summary judgment that the concrete truck driver was solely at fault for a rear-end auto accident that resulted in a fatal injuries to a child and serious injuries to her other family members. The evidence shows that although another driver had cut across the concrete truck driver's lane in order to avoid being hit by him, her actions were not a "substantial cause of the accident" since the concrete truck driver failed to keep his attention focused on the roadway and timely slow his vehicle before crashing into the family's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 7, 2024, Case #: CA-23-367, Categories: evidence, negligence, Wrongful Death
J. Stuart- Smith finds a lower court properly ordered the destruction of an aggressive pit bull terrier named "Lightning." The dog owner argued that the court applied a higher standard on the animal based on its breed. However, the Chief Constable of Police presented sufficient evidence in court that the dog was dangerous and unmuzzled, and escaped its owner and bit a civilian in the neck and leg, forcing him to pepper spray the animal. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: February 6, 2024, Case #: CA-2023-1090, Categories: evidence, negligence
J. Chehardy finds that the trial court properly denied a casino's motion for summary judgment on a patron's trip and fall action. There are genuine issues of material fact as to whether the patron tripped over bunched up carpeting. Further, a credibility determination is needed on whether the casino's actions to remodel their carpeting were intentional.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: January 31, 2024, Case #: 23-C-603, Categories: evidence, negligence
J. Shorr finds, on remand from the Supreme Court, that the trial court erred in dismissing an individual's negligence claim for injuries incurred when he allegedly slipped and fell on some wet bleachers at the Oregon State Fair. “So-called self-serving testimony has probative value and can be assessed by the factfinder.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 31, 2024, Case #: A172888, Categories: evidence, negligence
J. Herman finds that the trial court should not have found for the defendant drivers in a car collision action. Although the dash cam footage only shows three cars involved in the accident, and not plaintiff's car, there were conflicting expert reports regarding the number of vehicles in the collision. Further, the parties submitted inconsistent and contradictory testimony, and the glare contained in the dash cam video is sufficient to create a material issue of fact. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: January 31, 2024, Case #: 2023-CA-0478, Categories: evidence, negligence