69 results for 'cat:"Evidence" AND cat:"Tort"'.
J. Pfeiffer finds that the lower court improperly granted a new trial following entry of a "no fault" jury verdict on a woman's personal injury claim. It was only after the court recorded the jury's verdict that it decided a statement made by plaintiff's counsel left the jury with the impression that she was keeping evidence from the jury. This ruling is against the logic of the circumstances. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: December 26, 2023, Case #: WD85971, Categories: evidence, tort
J. Marion finds a lower court ruled correctly in convicting defendant of felony stalking. Defendant argued that Facebook messages had been entered into evidence without proper authentication, but since the messages contained “internal characteristics” that were consistent with defendant’s writing style and his relationship with the victim, this court cannot say that the lower court abused its discretion or that jurors were unreasonable in determining the messages were from him. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: December 19, 2023, Case #: 08-23-00109-CR, Categories: evidence, Jury, tort
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J. Stiles finds that the trial court properly ruled in favor of the casino on a patron's injury claims over a fall that occurred when the chair she was in fell over backwards. The evidence supports the finding that the casino lacked actual or constructive knowledge of the unsecured chair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: November 2, 2023, Case #: CA-23-100, Categories: evidence, tort
Per curiam, the Fifth Circuit finds the trial court properly granted summary judgment to the portable toilet rental company in this negligence suit alleging that toilet placement caused a patron to fall and injure himself. The toilet was in place due to freezing weather causing interior toilets at the truck and rest stop to be inoperable. The small curb on which the patron tripped, at least a foot away from the toilet, shows that it did not present a great likelihood and magnitude of harm. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-30313, Categories: evidence, tort, Negligence
J. Johnson finds the trial court properly ruled in favor of the transmission repair shop in this suit brought by the vehicle owner who says his engine became “burn up frozen” after leaving it at the shop. The vehicle owner did not respond to the shop’s request for admissions and the shop was granted summary judgment by the justice of the peace on the shop’s allegations that it performed no work on the vehicle. Any alleged errors in the justice court, which is not a court of record, were mooted because its judgment was set aside once the owner appealed to the county court at law. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00377-CV, Categories: evidence, tort, Due Process
J. Lobrano finds that the Office of Workers' Compensation properly dismissed a professor's claim against the university arising out of a slip and fall injury. In this case, the professor did not testify that he injured his neck or shoulders when he fell, only that he suffered a chemical burn on his face from the formaldehyde that he slipped on. The professor did not introduce any medical records or bills to support his claim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: October 4, 2023, Case #: 2023-CA-0053, Categories: evidence, tort, Workers' Compensation
J. Bulla finds the district court properly denied the employee’s petition for judicial review of the entirety of her workers’ compensation matter. Although the employee was treated for injuries to her head, scalp and several parts of her spine, she sought to reopen her entire claim solely due to a worsening condition in her lumbar spine. Substantial evidence supports the decision that the claim should be reopened as to the employee’s lumbar spine only. She has failed to show evidence to support treatment of other body parts covered in her initial claim. Affirmed.
Court: Nevada Court of Appeals, Judge: Bulla, Filed On: September 28, 2023, Case #: 85122-COA, Categories: evidence, tort, Workers' Compensation
J. Moore finds the lower court erroneously applied the discretionary function exemption to the Federal Tort Claims Act suit brought by the prisoner who claims she was repeatedly raped by a federal prison employee. Reporting of such incidents is mandatory and, therefore, not subject to the exemption. However, because the inmate failed to provide evidence sufficient to prove other prison officials knew of the conduct and failed to act, the complaint must be dismissed for a failure to state a claim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: September 28, 2023, Case #: 22-6105, Categories: evidence, tort, Prisoners' Rights
J. Golemon finds the trial court properly entered summary judgment in favor of the property companies in this trespass, water diversion and negligence suit brought by a purchaser whose land tract flooded, claiming it was caused by development on either side of his tract. During the significant period, Tropical Storm Imelda produced nearly 17 inches of rain, which caused flooding irrespective of the development. The purchaser failed to present evidence raising a genuine issue of material of fact as to causation. The purchaser’s deposition testimony conclusively established that he came onto the companies’ property without authorization, and summary judgment was properly granted on their trespass counterclaim. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: September 28, 2023, Case #: 09-21-00267-CV, Categories: evidence, Property, tort
J. Sharer concurs with the trial court’s finding in favor of the neighbor of a dog owner after the dog bit the neighbor, and the dog owner will not be granted a new trial. This is because the dog was “at large” or loose outside on property that the dog owner and neighbor shared, and because the neighbor did not provoke the dog in any way. The dog owner is liable for the dog’s behavior when it is not leashed, and the neighbor was awarded over $130,000 for medical treatment and other damages. Although the owner believes the award is shocking and unreasonable, the court disagrees and there is no need for a new trial. Affirmed.
Court: The Appellate Court of Maryland, Judge: Sharer, Filed On: September 27, 2023, Case #: 24-C-21-000655, Categories: evidence, tort, Negligence
J. Murray finds that the lower court properly granted summary judgment in favor of a property owner in this case wherein a motorcycle driver alleges they were injured while navigating into the property for an estate sale. The trial court’s reasoning is supported by both the record and applicable legal authority. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 22, 2023, Case #: J-A20027-23, Categories: evidence, tort, Vehicle
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of United Airlines in this personal injury suit. The airline passenger, travelling from Houston to San Francisco, claims that he suffered injuries when his wheelchair collided with a wall during the boarding process. Though a witness says that she saw a United employee push the passenger into the wall, the statement was untimely and properly disregarded. The passenger has failed to offer other evidence that his injury occurred in relation to any conduct by United. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 11, 2023, Case #: 23-20017, Categories: evidence, tort, Negligence
J. Mendheim finds that the lower court improperly allowed the exclusion of evidence in a motor vehicle accident case where a driver was not required to disclose his medical treatment from previous car accidents, making it hard to determine which medical injuries derived from which accident when seeking damages. Reversed.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: September 1, 2023, Case #: SC20220937, Categories: evidence, tort, Damages
J. Perez denies the federal government’s motion to dismiss, for lack of jurisdiction, a traveler’s personal injury suit stemming from her slipping and falling while passing through a TSA security checkpoint at the Philadelphia International Airport. The court has jurisdiction over the traveler’s claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: August 30, 2023, Case #: 2:22cv1610, NOS: Tort Product Liability - Real Property, Categories: evidence, tort, Jurisdiction
J. Savoie finds that the trial court improperly dismissed the shopper's claims stemming from his alleged injuries due to a slip and fall. The shopper's expert report was erroneously stricken based on the fact no inspection of the store was done, but the expert could not perform an inspection or testing at the site since the store had filed for bankruptcy and abandoned the location. Also, the evidence created genuine issues of material fact that precluded summary judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: August 16, 2023, Case #: CA-22-745, Categories: Civil Procedure, evidence, tort
J. Dennis finds the district court improperly entered summary judgment in favor of Walmart in this slip-and-fall suit. Though the district court found that the customer did not show evidence that Walmart had constructive notice of the puddle she slipped in, she has presented evidence that an employee was actually notified of it by another customer. This creates a genuine issue of material fact. Reversed and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 16, 2023, Case #: 22-30309, Categories: evidence, tort, Premises Liability
J. Dick denies remand to a Dollar General customer and dismisses a store manager from her personal injury suit alleging liability for her trip-and-fall involving a Coca-Cola pallet. The shopper does not allege any specific duties of care that the manager owed the customer regarding the maintenance and safety of the premises. Furthermore, a customer incident report does not shed any light on the manager’s knowledge of, or involvement with, the placement of the coke pallet prior to the litigant’s trip and fall. The manager is dismissed from the suit and her Louisiana citizenship must be disregarded for purposes of determining jurisdiction.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: August 14, 2023, Case #: 3:22cv930, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, tort, Jurisdiction
J. Rovner finds that the lower court improperly granted summary judgment to the village on a couple's claims that police shot and killed their dog when responding to their request for help. The video from a body camera does not conclusively show that the dog posed a threat to the responding officer, who is mostly running away through the video so the camera is facing away from the dog. It remains for a jury to decide whom to believe about how the dog was behaving. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 8, 2023, Case #: 22-1239, Categories: evidence, tort
J. Coleman finds the lower court improperly reversed the decision of a trial court. A police officer responding to an emergency call for a rollover collision was involved in a crash at an intersection. The driver of the vehicle that was struck filed suit on behalf of herself and her minor child who were both injured in the collision. The lower court found that the officer had acted with reckless disregard, but the trial court found that he did not; the instant court sides with the trial court, finding that sufficient evidence was presented to support its decision. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: August 3, 2023, Case #: 2021-CT-00639-SCT, Categories: evidence, tort, Negligence
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to Walmart in this premises liability suit brought by a shopper who was struck by a falling box of notebooks. The shopper did not notify store management after the incident, but later complained of neck pains and was encouraged by her husband to seek medical attention and file suit. The shopper did not provide sufficient evidence to establish premises liability. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 22-60269, Categories: evidence, tort, Premises Liability
J. Foote denies a request by Walmart to reconsider her ruling dismissing its petition for summary judgment on a slip-and-fall claim by a woman and her family against its store. Walmart unsuccessfully argued that the ruling erred because there is no “positive evidence” indicating that it knew or should have known of a spilled oil substance on the store floor. However, a Walmart employee testified he was alerted by another customer to the spill and while route to clean the mess, he encountered the litigant who claimed that she had slipped and fell on the oil. Walmart does not present any new issues or evidence that would necessitate a reassessment of its adverse ruling.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: July 12, 2023, Case #: 5:22cv188, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, tort, Discovery
J. Partida-Kipness finds that the lower court improperly granted summary judgment against the appellant on his Dram Shop claim, which stems from a car collision. The evidence sufficiently raised an issue of fact as to whether a driver was "obviously intoxicated" when he was served alcohol at the defendant restaurant. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 5, 2023, Case #: 05-21-00988-CV, Categories: evidence, tort, Negligence
J. Conley partially grants motions in limine from the father, the therapist, the clinic and insurance companies in the father's medical malpractice lawsuit alleging that, during behavioral health therapy, the therapist planted false memories in his daughter's head that he raped her as a child. The father's motions to exclude testimony mentioning the net worth of his own father and two criminal charges he faced in his past are granted, and his motion to exclude testimony on whether he and his wife acted appropriately as his daughter's parents, especially regarding their reaction to alleged abuse of the daughter by her cousin, is denied. The therapist's, insurance companies' and clinic's motions to exclude opinion testimony about any other witness's credibility and testimony about the doctor's psychological state when she testified at a child protective services case are granted, and the therapist's motion to exclude testimony from a doctor testifying as an expert for the father concerning his opinion that she is the "worst" or "most incompetent" therapist he has encountered is denied, so long as he does not get into hyperbole and sticks to what is filed in his expert report. Other motions in limine regarding admissible testimony and other matters, including regarding the therapist's quality of care and other false memory lawsuits, are reserved for discussion at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 28, 2023, Case #: 3:20cv814, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: evidence, tort, Medical Malpractice
J. Garcia finds that the lower court properly granted summary judgment for the appellee entities, in this premises liability lawsuit brought by a bicycle rider who was allegedly injured in a crash due to a premises defect. The rider contends that the crash was caused by "a thick growth of algae" along the path, but she failed to provide evidence that the appellees knew about the alleged defect. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 23, 2023, Case #: 05-22-00590-CV, Categories: evidence, tort