46 results for 'cat:"Tort" AND cat:"Discovery"'.
J. Currault grants a request by the owner of a tree service, ordering a litigant to submit to a medical examination related to his personal injury suit against the business after the hydraulic steel legs of a truck were lowered onto his right foot. The litigant cites no authority that would preclude an examining physician for the tree service from obtaining his relevant history. Further, the litigant has placed his physical condition — specifically, his foot, ankle, knee and back — at issue by seeking to recover damages for those injuries allegedly resulting from the tree service’s negligence.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: September 27, 2023, Case #: 2:22cv4570, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, tort, discovery
Per curiam, the appellate division finds that the lower court improperly granted the girl's cross-motion to strike the school's answer to her personal injury complaint, stemming from a slip and fall at a dance on school premises, based on spoliation of video footage. The girl did not place the school on notice that she would request surveillance footage beyond the incident itself, so its video system automatically overwrote the remaining surveillance footage. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 20, 2023, Case #: 04651, Categories: Sanctions, tort, discovery
Per curiam, the Fifth Circuit finds the district court improperly granted summary judgment to the grocery store in this premises liability suit. The court refused to let the injured party conduct discovery after the grocery store failed to retrieve or view video footage of the alleged slip-and-fall in a puddle of water near a freezer. The Fifth Circuit emphasizes that denying discovery is a pattern with this particular district court and vacates and remands the case.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 7, 2023, Case #: 22-20489, Categories: tort, discovery, Premises Liability
Per curiam, the Ninth District grants Home Depot’s petition for mandamus relief from discovery compelled in a personal injury case filed by one of its employees who injured his back while loading a riding lawnmower onto a customer’s trailer. The safety documents and materials sought are unrelated to facts of consequence to the claims. Though there are occasions that a delay in filing a mandamus petition could result in waiver of the relief, there are no established guidelines on when the waiver occurs. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 3, 2023, Case #: 09-23-00076-CV, Categories: Employment, tort, discovery
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J. Kay grants a request by survivors of a deceased truck driver for more complete discovery responses by a Chinese manufacturer and distributor of the left front tire on the vehicle which failed, resulting in a highway accident. The ruling orders the Chinese businesses to “supplement and clarify” their responses to nearly all of the 154 written requests by survivors’ counsel, with the hope that afterwards, the litigants will determine that their discovery dispute is “much less wide ranging than it currently appears to be.”
Court: USDC Western District of Louisiana , Judge: Kay, Filed On: August 2, 2023, Case #: 2:19cv1111, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Commerce, tort, discovery
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. Maltese finds that the lower court properly denied the property owner's request for authorization to conduct an interview with a physician's assistant who treated the woman injured on its property. The property owner sought to question the physician's assistant about a statement the woman made about the cause of her accident, not about the treatment of her injury. Affirmed.
Court: New York Appellate Divisions, Judge: Maltese, Filed On: July 12, 2023, Case #: 03817, Categories: tort, discovery
J. Berton denies a motion for sanctions brought by a consumer in a personal injury case against Lowe’s. While the consumer now argues that he was prejudiced by discovery delays on the part of Lowe’s, this argument makes “little to no sense,” as the parties mutually agreed to extend discovery deadlines.
Court: USDC Western District of Texas , Judge: Berton, Filed On: July 7, 2023, Case #: 3:22cv296, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, tort, discovery
J. Lasalle finds that the lower court properly found that a motorist's decision to undergo surgery after sustaining serious injuries to his spine in a car accident cannot be the basis of sanctions for spoliation of evidence. A person's body is fundamentally different from inanimate evidence, and it is not reasonable to require a plaintiff to delay medical treatment, and potentially prolong his or her suffering, solely to allow a defendant to examine the plaintiff's body in a presurgical state. Affirmed.
Court: New York Appellate Divisions, Judge: Lasalle, Filed On: June 28, 2023, Case #: 03453, Categories: Sanctions, tort, discovery
J. Bunn affirms the lower court's March 20, 2020, and Sept. 15, 2021, orders protecting from discovery the specialty hospital employee's report on the condition of the room on Jan. 7, 2019, when the guest, during a visit to his girlfriend who was a patient, broke his femur after getting out of a recliner. The court finds no error in either the judge's order shielding the employee's report under the peer review privilege or in not directly answering the jury's questions about the potential existence of the report prior to rendering a verdict in the hospital’s favor. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 15, 2023, Case #: 21-0830, Categories: Health Care, tort, discovery
J. Berton partially grants a motion to compel discovery filed by a consumer who sued Lowe’s after he said a box fell on him while he was shopping, severely injuring him. While some of the consumer’s discovery requests are overly broad, Lowe’s must turn over some of the information he requests, including information about the incident as well as maintenance procedures in the area where the incident happened.
Court: USDC Western District of Texas , Judge: Berton, Filed On: June 12, 2023, Case #: 3:22cv296, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, Damages, discovery
Per curiam, the appellate division finds that the lower court properly granted the school's motion to compel discovery in a personal injury suit. The family must provide the school with a supplemental bill of particulars describing the location of the accident beyond just the address of the school. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03028, Categories: tort, discovery