164 results for 'cat:"Evidence" AND cat:"Negligence"'.
J. Chasanow denies a customer’s motion to remand this premises liability dispute against Walmart, two individual employees and three shopping cart companies. The customer was pushing a shopping cart out of Walmart when suddenly it broke and caused her injuries. The customer fails to establish a claim against the employees because they were fraudulently joined. Therefore, the customer’s amended complaint is dismissed in favor of Walmart, two individual employees and three shopping cart companies.
Court: USDC Maryland, Judge: Chasanow, Filed On: January 29, 2024, Case #: 8:23cv3133, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence, Premises Liability
J. Dysart finds that the district court properly found for a school on a parent's claim that her son was sexually battered by another student. In this case, the school presented surveillance footage showing the student walking down the hallway with his hand outstretched, brushing his fingers against the wall as he walked, when he brushed across the son's lower back for less than one second as they passed each other. The incident on the video does not support that a sexual battery occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: January 26, 2024, Case #: 2023-CA-0326, Categories: evidence, negligence
J. Molberg finds that the lower court properly entered a take-nothing judgment in favor of the appellee, in this negligence lawsuit stemming from an incident at an indoor shooting range in which the appellee allegedly "removed the left earmuff" of the appellant's hearing protection. Any error in the admission of certain medical records from the appellant's primary care physician was harmless, as it did not result in an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00347-CV, Categories: evidence, Health Care, negligence
J. Johnson partly grants a driver's motion to restrict evidence, such as being terminated from a previous job for serving alcohol and having an outstanding warrant, in his suit against a trucking company regarding a motor vehicle accident.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: January 24, 2024, Case #: 3:22cv457, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, Vehicle, negligence
J. Cooperthite grants a customer’s motion for leave to file a surreply in this slip and fall lawsuit against a company. The customer alleges she tripped and fell over a clear object in the shoe section. The company raises that the customer failed to take a photograph, but evidence from surveillance cameras and a witness shows there was in fact a genuine dispute in favor of the customer. Therefore, the company’s motion for summary judgment is denied.
Court: USDC Maryland, Judge: Cooperthite, Filed On: January 23, 2024, Case #: 8:22cv2726, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence
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J. Currault denies requests by Amazon and Whole Foods to bar counsel for parents of an autistic child from quizzing corporate representatives on specific topics in upcoming depositions for a baby food contamination suit. Considering the parents’ negligence and sale nullification claims against the food retailers are overly broad, the ruling restricts, rather than strikes, certain deposition topics, such as any due diligence the corporations performed regarding heavy metals in products that allegedly contributed to their child’s developmental disorder.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: January 22, 2024, Case #: 2:22cv551, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: evidence, Health Care, negligence
J. Stephens finds that the trial court should not have denied a casino's motion for summary judgment on a patron's claim that she was injured when a drunk man fell on her. The patron does not show that the casino was aware that the drunk man was a threat before the accident, and there was no evidence that other patrons had asked for the man to be escorted from the casino. Further, the patron does not show that the casino did something to cause her injuries other than serving alcohol to the man. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,239-CW, Categories: evidence, negligence
J. Herman finds that the trial court properly found for a pedestrian on her action after being hit by a delivery bicyclist for a sandwich shop. In this case, there was testimony presented that the sandwich shop bicyclists wore black shirts and black hats and that the backpacks they wore covered the shop logo, which supported the pedestrian's description of the bicyclist who hit her. Further, there was surveillance video showing a man, wearing a black shirt and backpack, get on a bike in front of the sandwich shop and hit the pedestrian on the sidewalk. Therefore, the decision to permit body cam footage of the pedestrian's interview with the police a week after the collision was harmless. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: January 10, 2024, Case #: 2023-CA-0173, Categories: evidence, negligence
J. Lemmon denies summary judgment to Union Pacific Railroad on the argument the company is not responsible for injuries a rail car inspector suffered when he fell asleep at the wheel of his car and drove off a road after completing a 16-hour shift. The railroad asserts the employee was not acting in the course and scope of his employment. While the accident took place two minutes after the worker left the railyard, the extreme fatigue occurred while he was on-duty and exposed him to danger not faced by the average commuter. Because the employee alleges the railroad was negligent per se in causing the car crash, the employee is relieved of proving the usual elements of duty and breach required by federal law.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: January 8, 2024, Case #: 2:21cv2045, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, evidence, negligence
J. Smith finds the lower court properly found for a garbage truck driver and his employer in a wrongful death case. Evidence in the record proved the garbage truck operator played no part in the fatal accident, including that he obeyed traffic laws and was stopped for more than 16 seconds before the collision, while the decedent made no effort to brake or swerve. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: December 26, 2023, Case #: 2023-Ohio-4760, Categories: evidence, negligence, Wrongful Death
J. Brown finds that the district court properly dismissed a patient's action against a hospital regarding the patient being injured while attempting to sit in a waiting room wheeled chair. A hospital worker testified that the chair had been placed in the corner of the room near the front desk sometime in 2011 and was not moved. Further, there were no incidents with the chair before or after the alleged fall, and the patient was inconsistent in his statements regarding the placement of the chair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 20, 2023, Case #: 2023-CA-0180, Categories: evidence, negligence
J. Mays denies the plaintiff delivery driver's motion for a new trial in this negligence lawsuit alleging that he was injured at the defendant company's warehouse when he was there picking up a delivery and fell off a loading dock. The jury found in favor of the defendant company, and the verdict was not against the weight of the evidence. Also, the admission of a demonstration video does not entitle the driver to a new trial.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 14, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, evidence, negligence
J. Windhorst vacates the $10 million award in exemplary damages to a car driver who was injured in an accident with an 18-wheeler tractor-trailer truck. The statutory purpose of exemplary damages is to punish and deter and should be assessed on the truck driver's conduct instead of the
plaintiff’s injuries. In this case, the truck driver was driving impaired with a level of Xanax beyond the therapeutic range during the morning rush hour. However, the truck driver's financial situation is greatly disproportionate to the jury’s exemplary damage award. Based on the truck driver's financial situation, the amount of compensatory damages awarded to the car driver, and other exemplary damage awards, the $10 million exemplary damage award is excessive. Therefore, an award of $1.5 million dollars is sufficient to satisfy the objectives of an exemplary damage award. Reversed in part.
Court: Louisiana Supreme Court, Judge: Windhorst, Filed On: December 13, 2023, Case #: 22-CA-593, Categories: evidence, negligence
J. Bradford finds that the trial court properly ruled in personal injury claims brought after a vehicle struck a pedestrian. The pedestrian failed to demonstrate the driver should have been compelled to produce cell phone evidence because evidence did not indicate the driver had been using the cell phone at the time of the accident. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: December 12, 2023, Case #: 23A-CT-303, Categories: evidence, negligence
J. Gravois finds that the trial court properly found for a restaurant on a patron's slip and fall action. The video evidence shows that the patron was not using an umbrella when he entered the building even though it was drizzling, supporting the restaurant's contention that the patron's clothes could have been damp. Further, the video shows that the area where the slip occurred had been mopped 31 minutes before the accident, and no one had walked through that area before the fall. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 1, 2023, Case #: 22-CA-599, Categories: evidence, negligence
J. Molaison finds that the trial court properly determined there was no evidence of an automobile accident that caused a driver's alleged injuries and property damages. The driver's claim that four pieces of wood fell from a truck and hit his car is not supported by the evidence other than the driver's own testimony. Further, the driver does not show that he contacted the truck's owner to report the damage after the alleged accident. Also, the evidence showed that the driver had been in prior accidents where he injured his back and knees. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 29, 2023, Case #: 23-CA-139, Categories: evidence, negligence
J. Chehardy finds that the trial court properly found for an apartment complex on a resident's claim regarding her son being injured when he chased a ball under the apartment complex's gate into traffic. In this case, there was no evidence presented that the gate was defective, and the property manager testified that the gate remains locked at all times and is to provide access to the fire department for emergencies. Further, the apartment complex does not owe a duty to the resident to prevent her child from exiting the premises and running into the street. Also, the gap under the gate was open and obvious. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 29, 2023, Case #: 23-CA-122, Categories: evidence, negligence
J. Gruender finds a lower court properly sentenced a website operator to life in prison. The defendant argued that the lower court erred in allowing testimony concerning injuries and deaths of 11 customers, who died from fentanyl poisoning. However, the government sufficiently showed in court that the defendant's customers thought they were buying Adderall analogue from his site, which was actually fentanyl. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: November 28, 2023, Case #: 22-2980, Categories: Drug Offender, evidence, Criminal negligence
J. Belsome finds that the trial court properly determined that a car accident was the cause of the plaintiff driver's shoulder injury. The driver testified that she did not have any problems with her shoulder before the accident. Although ten months passed before she recognized that the pain was separate from the pain caused by her neck injury, the driver and her treating physicians argued that the neck injury was so severe and painful that it “masked” the shoulder injury. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: November 21, 2023, Case #: 2023-CA-0413, Categories: evidence, negligence
J. Schlegel finds that the trial court should not have denied a fertility institute's motion for summary judgement seeking to dismiss a patient's claims that the institute acted negligently in mishandling, labelling, and transferring her embryos, resulting in the implantation of a male embryo, instead of a female embryo. Based on the expert testimony, there are no genuine issues of material facts to establish the institute's negligence in handling, labelling, or transferring the embryos. Further, the patient's claim does not allege negligent hiring or suggest that the institute had prior knowledge that contractors handing her embryos were irresponsible. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: November 16, 2023, Case #: 23-C-338, Categories: evidence, negligence
Per curiam, the circuit finds the trial court properly convicted defendant, the Director of Communications for the LA Angels baseball team, for distribution of oxycodone and fentanyl, resulting in death. Defendant was the sole provider of drugs to players. The prosecutor did not misstate evidence related to deleted text messages between the now-deceased pitcher and his friend, doctors’ testimonies regarding the but-for cause of death, or defendant's presence in the pitcher's room when he died. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 15, 2023, Case #: 22-11011, Categories: Drug Offender, evidence, Criminal negligence
J. Cox finds that the trial court should not have determined that the plaintiff driver was not liable for a car collision. In this case, the defendant driver's testimony that he was traveling in the right-hand lane when the plaintiff driver suddenly merged in front of him from the left-hand lane, leaving him with little time to apply his brakes and avoid the collision, was supported by testimony from a witness and the responding police officer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: November 15, 2023, Case #: 55,344-CA, Categories: evidence, negligence