71 results for 'cat:"Property" AND cat:"Negligence"'.
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending the town negligently installed and maintained a high-density polyethylene culvert that caused flooding and damage to plaintiff's home. The complaint plausibly alleges the town failed to replace eroded surface covers, and the town failed to demonstrate it cannot be held liable for maintenance of the culvert due to the severe storm. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01375, Categories: property, negligence
J. Blane grants an engineering company dismissal of claims brought after plaintiff was denied insurance coverage for hail damage sustained to his roof because damages were purely economic, and the economic loss doctrine barred recovery claims from being brought against the engineering firm. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: January 24, 2024, Case #: 22-1861, Categories: Insurance, property, negligence
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J. Wilson finds that the trial court properly ruled in favor of the landowner on a worker's premises liability claim over injuries from an auger that fell off a skid loader and onto his foot. The evidence shows that the worker was aware the auger was not securely locked in place before the incident, so the landowner did not owe a duty to the worker. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: January 23, 2024, Case #: 14-22-00767-CV, Categories: property, negligence
J. Davies finds a lower court properly dismissed a civilian's motion for personal injury compensation. The civilian argued that he is entitled to relief after suffering injuries when he fell to the ground in a parking lot, which resulted in a head wound. However, the car park operator sufficiently showed in court that it does not have a license or any legal interest on the property.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: December 21, 2023, Case #: CA-2022-2048, Categories: property, Damages, negligence
J. Stegner finds that the trial court must revisit a property owner's claim that a city is liable for damage caused to its property when an excavator damaged the city's sewage lateral. The Underground Facilities Damage Prevention Act does not preclude standing for end users to bring claims against the city as an underground facility owner. A jury must determine if the city violated the duty created by the Act and is liable for negligence per se, or whether the city had a common law duty and is liable for negligence. Also, it was premature to grant the city discretionary function immunity before resolving the fact questions related to duty. Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: December 20, 2023, Case #: 49562, Categories: property, Immunity, negligence
J. Fischer enteres a permanent writ ordering the lower court to dismiss counts claiming the tech company failed to provide class members with timely notice of increased property assessments, and caused others to have their property assessments increase by more than 15% without a physical inspection. The tech company, which operated as a subcontractor to the county, is entitled to dismissal of these claims because it did not owe the property owner a duty of care.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: December 19, 2023, Case #: SC100298, Categories: property, Tax, negligence
J. Flynn finds the Appeals Court erred by reversing the trial court’s limited judgment because the law firm clients’ losses were purely financial. “The legislature intended the phrase 'negligent injury to person or property'…to include negligence claims seeking to recover for the kind of injury to economic interests that plaintiffs have alleged.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: November 28, 2023, Case #: S069442, Categories: property, Damages, negligence
J. Rothstein grants the homeowner's motion to remand her complaint alleging that the energy company's water heater and natural gas fuel caused a fire that severely burned her, killed her mother and several pets, and rendered the home a total loss. The homeowner sufficiently states that her case belongs in Washington state court because she does not press any federal claims, she does not have to prove a federal tariff standard to prevail on her negligence claim, and there is no substantial federal question that needs to be resolved for her claims.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 6, 2023, Case #: 2:23cv1237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, negligence, Jurisdiction
J. Proctor denies a couple’s motion for partial summary judgment in this lawsuit over flooding on their property caused by drainage from a steel company’s property for trespass and nuisance. The court grants, in part, summary judgment to the steel company on the couple’s injunction claim. The couple stated in the first amended complaint the injunction as a separate claim, however, “an injunction is a remedy, not a separate claim or cause of action.” All other claims are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 3, 2023, Case #: 2:18cv1693, NOS: Torts to Land - Real Property, Categories: property, negligence, Injunction
J. Fletcher finds that the district court properly entered judgment after a bench trial in an admiralty action brought by a towboat company against a company that hired it to tow a drydock, which was damaged in a storm, from Seattle to Ensenada. The tug towed the drydock into the Monterey Bay National Marine Sanctuary, where it capsized and sank. The district court correctly granted partial summary judgment to the hiring company on the ground that the towboat was negligent as a matter of law in allowing the drydock to sink in the Sanctuary. However, the Ninth Circuit vacates the district court’s award of prejudgment interest on the $40,000 award against the towboat company. Interest should run from the date of the hiring company's expenditures, rather than the date the drydock sank. Affirmed in part.
Court: 9th Circuit, Judge: 22-35195, Filed On: October 31, 2023, Case #: 22-35195, Categories: Admiralty, property, negligence
J. Johnson finds that the trial court properly refused to dismiss property owners' claims stemming from an inaccurate survey that did not show retaining walls that had been built onto neighboring lots. A certificate of merit was not required in this case since the accused parties that performed the survey were not "licensed or registered surveyors." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 19, 2023, Case #: 10-22-00378-CV, Categories: Civil Procedure, property, negligence
J. McFadden finds that the trial court properly ruled in favor of the firm and the attorney in a negligence action brought by the conservator alleging that the firm and attorney breached their duty to the ward in a real estate transaction by failing to ensure that a quitclaim deed did not convey more property than the ward had intended. Neither the firm or the attorney had an attorney-client relationship with the ward and instead represented the buyer. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 17, 2023, Case #: A23A0732, Categories: property, negligence
J. Golemon finds the trial court properly granted summary judgment in favor of the home builder in this negligence suit arising from a slip and fall occurring on the property of or near one of the company’s model homes. No evidence has been shown that the builder had actual or constructive notice of “slime” on the curb outside the home, caused by the home’s lawn sprinkler system. No duty to protect exists. The injured party’s guess that slime takes days or weeks to form is not competent summary judgment evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 5, 2023, Case #: 09-21-00404-CV, Categories: property, Tort, negligence
J. Deahl vacates the trial court's finding for a condo association on a condo unit owner's claims arising from the collapse of a foundation wall, which left the building uninhabitable for almost a year. Contrary to the trial court's finding, the owner was not required to provide expert testimony to support its negligence claim. Vacated in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 28, 2023, Case #: 22-CV-0593 , Categories: property, negligence
J. Lucas finds that the trial court improperly granted a homeowners' association dismissal of negligence claims contending that work on a drainage ditch caused foundation issues to plaintiffs' homes because plaintiffs established that work performed on the ditch substantially caused the damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: September 27, 2023, Case #: 2D22-3068, Categories: property, negligence, Contract
J. Whelan grants the city of San Diego's motion to dismiss negligence claims brought by the federal government following the collision between two planes at the Brown Field Municipal Airport. The negligence claim does not arise from restrictions on a deed that were imposed when the federal government transferred its interest in the airport to the city; the claim could be brought even if the deed did not exist. Because this claim does not present a uniquely federal interest and does not warrant the displacement of state law, the federal government was required to comply with the
California Tort Claims Act, which it failed to do.
Court: USDC Southern District of California, Judge: Whelan, Filed On: September 27, 2023, Case #: 3:23cv1000, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, negligence
Per curiam, the Vermont Supreme Court finds that the trial court properly ruled in favor of the company as to a homeowner's claim for monetary damages. The jury found that the homeowner failed to prove that she suffered any monetary damages proximately caused by the company's negligence. There was sufficient evidence to support the jury's reasonable conclusion that the homeowner had already been made whole by the company's remediation, which included months of clean-up work at its own expense and writing off the homeowner's existing account balance. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-75, Categories: Jury, property, negligence
J. Chuang denies in part a grocery store’s motion to dismiss allegations of statutory and common law tort brought by two residents who own a home across the street. The grocery has allegedly significantly increased noise, trash and traffic on the residents’ property. Also, a person who shoplifted at the store ran onto the residents’ property to evade authorities, then tried to steal their bikes. Construction of the store also caused vibrations so strong it shook the residents’ home and made cracks in their driveway. The residents have, therefore, plausibly argued trespass, negligence and private nuisance. However, the residents’ claims of violations of a state environmental statute fail because only political subdivisions can use this particular rule, not individual homeowners. Their case is also not strong enough to sufficiently argue emotional distress claims.
Court: USDC Maryland, Judge: Chuang, Filed On: September 8, 2023, Case #: 8:22cv2396, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, Tort, negligence
[Consolidated.] J. Garrett denies the state summary judgment in inverse condemnation claims brought after a failed dam caused flooding and property damage to nearby residents. The state was not entitled to governmental immunity, and factual allegations supported claims contending the state was aware the dam could not withstand significant rainfall. Affirmed.
Court: Michigan Court of Appeals, Judge: Garrett, Filed On: September 7, 2023, Case #: 359895, Categories: property, Immunity, negligence
J. Spain finds that the trial court properly ruled in favor of the property owners who sued a manufacturing facility that was allegedly responsible for the flooding of their homes during Hurricane Harvey. There was sufficient evidence that the facility's negligently-built drainage system caused the flooding. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 31, 2023, Case #: 14-22-00013-CV, Categories: property, Water, negligence
J. Brody finds that the trial court properly excluded documents that subtenants provided to show ownership of a tree that fell and killed their cat. The documents were unauthenticated hearsay that was not admissible under the business documents exception and were not supported by personal knowledge. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: August 30, 2023, Case #: 49592, Categories: Evidence, property, negligence