95 results for 'cat:"Negligence" AND cat:"Experts"'.
J. Molaison finds that the trial court should not have denied an animal hospital's motion for summary judgment on a dog owner's claim that the dog was misdiagnosed. In this case, the dog owner's expert did not meet the statutory criteria because she did not graduate from an accredited school of veterinary medicine, was not licensed to practice veterinary medicine, and was not practicing veterinary medicine. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: January 31, 2024, Case #: 23-C-510, Categories: negligence, experts, Medical Malpractice
J. Soto finds a lower court ruled correctly in denying an engineering company’s motion to dismiss after it was sued following a pipeline explosion by an oil company, which argued the engineering company had done “deficient surveying work” prior to laying a new pipeline. The engineering company argued the oil company did not obtain a valid certificate of merit prior to suing because the certificate came from an engineer rather than a surveyor, but in fact the oil company’s claims concerned allegedly negligent “professional engineering services, not professional land surveying services.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 26, 2024, Case #: 08-23-00029-CV, Categories: Civil Procedure, negligence, experts
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J. Bourliot finds that the trial court properly denied the healthcare parties' motion to dismiss a patient's medical malpractice suit over an alleged unnecessary surgery by a podiatrist to address her bunion. The patient's amended expert report was sufficient to meet statutory requirements as to applicable standards of care, the doctor's alleged breaches and the cause of the patient's injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: January 25, 2024, Case #: 14-22-00874-CV, Categories: negligence, experts, Medical Malpractice
J. Worthen finds the trial court properly denied the nursing home's motion to dismiss the liability suit. The patient's granddaughter filed suit after the patient developed pressure wounds, sustained a fracture and contracted urinary tract infections. The trial court properly overruled the nursing home's objection to the granddaughter's expert's report asserting the home provided substandard care. The expert is not required to be certified in elder care. In a case not involving an individual health care provider, the expert need only have knowledge of accepted standards and experience regarding a breach of standards. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 24, 2024, Case #: 12-23-00225-CV, Categories: Health Care, negligence, experts
J. Conley finds that the medical provider was properly granted summary judgment for the patient's lawsuit alleging that he injured his ankle, underwent surgery, then allegedly reinjured it when a staff member pushed it into a desk while the patient was being transported in a wheelchair. The patient did not provide necessary expert medical testimony on causation. Reversed.
Court: Kentucky Supreme Court, Judge: Conley, Filed On: January 18, 2024, Case #: 2022-SC-0302-DG, Categories: negligence, experts
J. Fox finds the trial court properly admitted the injured driver's expert testimony about her impairment rating after the injuries sustained in the car collision. Although the American Medical Association guidelines are typically used in workers' compensation cases, the evidence was relevant in this case and allowed the jury to make a proper damages calculation based on the severity of the injuries, while the at-fault driver was also able to thoroughly cross-examine the expert about his findings. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: January 18, 2024, Case #: 2024COA8, Categories: Vehicle, negligence, experts
J. Luthy finds that the trial court properly applied the negligence statute that was in effect at the time of a traffic collision that broke a minor's wrist, and not a subsequent version that includes "a bone fracture" as a threshold injury for supporting a cause of action. Also, the applicable threshold was not met since a fracture cannot be described as "dismemberment" and the minor's guardian failed to provide expert evidence that her injuries resulted in permanent impairment. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: January 11, 2024, Case #: 20210789-CA, Categories: Damages, negligence, experts
J. Powers finds that the lower court properly declined to bar an attorney from observing testing on his client to determine whether she suffered a traumatic brain injury in a car accident because evidence did not indicate the existence of an industry-wide consensus as to whether the presence of an unobtrusive third party tainted neuropsychological testing. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: January 4, 2024, Case #: CV-23-0003, Categories: negligence, experts
J. Rosenstengel denies a crop protection manufacturer's motion to compel compliance with a third- party subpoena. A class of civilians, who suffer from Parkinson's disease due to exposure of herbicide paraquat, sufficiently showed in court that the crop protection manufacturer is not entitled to review documents, and work papers written by a neurologist.
Court: USDC Southern District of Illinois, Judge: Rosenstengel, Filed On: December 4, 2023, Case #: 3:23cv3204, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, experts, Class Action
J. Gallagher finds that the lower court erroneously granted the ambulance driver's motion for summary judgment on the grounds of political subdivision immunity. It is undisputed she was not responding to an emergency call and her lights and sirens were not activated when she ran over the pedestrian's foot. Expert testimony from the pedestrian's reconstruction witness also established issues of fact regarding the right-of-way at the intersection when the collision occurred, which allows for the driver's conduct to be considered wanton or reckless. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: November 22, 2023, Case #: 2023-Ohio-4213, Categories: Immunity, negligence, experts
[Modified.] J. Gilbert deletes the word "toxic" in several places with no change in judgment. The trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 9, 2023, Case #: B321616, Categories: Landlord Tenant, negligence, experts
J. Doyle finds that the trial court improperly denied the condo association's motion for summary judgment in a negligence, breach of contract and nuisance action brought by the individual arising from property damage which allegedly resulted when soot and exhaust infiltrated her condo unit from a diesel-powered generator. The trial court incorrectly ruled without first determining the admissibility of testimony from two of the individual's experts pursuant to the association's motion to strike the testimony. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 17, 2023, Case #: A23A0933, Categories: negligence, experts, Contract
J. Gilbert finds that the trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to toxic mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: October 16, 2023, Case #: B321616, Categories: Landlord Tenant, negligence, experts
J. Adams denies in part an elevator company’s motion for summary judgement on a deputy sheriff’s negligent elevator installation and maintenance claim in connection with a courthouse elevator stopping abruptly when the bumper stuck to the door. The deputy sheriff submitted his evidence from the expert report that the clearance of the elevator was improperly aligned at the time of incident, but not at the time of installation. The motion to exclude the expert report is denied without prejudice to raise arguments in cross-examination to present the contrary opinions.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: October 11, 2023, Case #: 3:22cv483, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, experts
J. Sands denies the truck driver's and motor carrier's motion to exclude testimony from an accident reconstructionist in a negligence action brought by a couple arising from injuries the husband suffered in a fall when the truck driver hit a utility boom truck. The reconstructionist is qualified to testify based on his participation in more than 1,000 accident reconstructions, status as president of a company which reconstructs car crashes and other factors. The reconstructionist is not attempting to provide opinions on human factors like whether the truck driver should have recognized the utility truck.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 6, 2023, Case #: 7:20cv253, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence, experts