176 results for 'cat:"Tort" AND cat:"Negligence"'.
J. Nachmanoff denies the prison psychiatrist's motion for summary judgment on malpractice claims. A MIT-trained nuclear engineer suffering from bipolar disorder was indicted in federal court for robbing a bank and committing an armed carjacking. The court labeled him unfit to stand trial and ordered him to spend a year and a half at a medical facility receiving antipsychotic medications. After it was determined he was competent again, he pled guilty. He was transferred to a detention center where the psychologist declined to continue his prescriptions and never scheduled any follow-up treatment, leading to the engineer killing himself in his cell. Genuine issues of fact remain as to whether the psychologist's failure to treat constituted malpractice.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: December 13, 2023, Case #: 1:23cv248, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, tort, negligence
Per curiam, the appellate division finds that the lower court properly denied the contractor's motion to dismiss claims that its negligent work on the Bronx and Pelham Parkway caused a fatal motorcycle accident. The contractor's affidavit in support of its claim it performed no work in the area is conclusory and fails to state that it made a search of street opening permits in the area where the decedent lost control of his motorcycle. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06329, Categories: tort, negligence
Per curiam, the court of civil appeals finds that the lower court improperly dismissed the appellant's personal injury lawsuit against the City of Birmingham, allegedly stemming from a fall on a city sidewalk. The court notes that the city attorney acknowledged receipt of the injured pedestrian's affidavit-of-claim form, which was mailed to "the address supplied by the City." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 8, 2023, Case #: CL-2023-0392, Categories: Civil Procedure, tort, negligence
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J. Bell grants in part a school board’s motion dismiss the second amended complaint brought by a disabled student’s mother, who says a teacher repeatedly abused the student. The teacher reportedly put her hands over the student’s mouth and nose multiple times to stop him from making noise and physically put him into a trash can because she said that if he acted like trash, she would put him where trash belongs. Because the school’s liability insurance does not cover certain claims such as this, the board retains governmental immunity on the mother’s negligence claim for lack of jurisdiction. However, the allegations on the remaining claims will proceed because there has been no voluntary resolution suggested by either party.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 6, 2023, Case #: 5:20cv192, NOS: Education - Civil Rights, Categories: Civil Rights, tort, negligence
J. Herndon finds the trial court improperly denied the child's guardian's motion for a new trial. The guardian filed suit against the child's aunt and grandmother, the resident and owner of the home, respectively, where the child nearly drowned in a swimming pool with inadequate barriers. The trial court erroneously submitted a compound question of duty and breach to the jury, as duty is a question of law for the court. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 30, 2023, Case #: 84521, Categories: tort, negligence, Due Process
J. Arterburn finds the district court properly granted the employer summary judgment on a temp worker's improper supervision claim following a workplace accident. Her negligence claims are barred by the exclusive remedy doctrine of the Workers’ Compensation Act. Furthermore, the worker has not shown that additional discovery would create an issue of fact as to her employment status. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: November 21, 2023, Case #: A-23-183, Categories: tort, negligence, Workers' Compensation
J. Contreras finds that the lower court properly ruled in favor of the appellee in this negligence lawsuit arising from an automobile accident. The lower court did not err by denying the appellants' motions to transfer venue, and the evidence sufficiently supported the award for future medical expenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: November 16, 2023, Case #: 13-22-00208-CV, Categories: tort, Damages, negligence
J. Genovesi finds that the lower court improperly denied the restaurant's motion for summary judgment on negligence claims stemming from a 3-year-old being bitten by a patron's pet dog allowed to wander around the restaurant. The court of appeals' recent ruling in Hewitt v. Palmer Veterinary Clinic does not alter the standard applied in actions to recover damages for personal injuries caused by pets. The restaurant prominently displays a sign warning patrons that it is "pet friendly" and cautions that pets are only allowed if they are friendly and leashed. It was not on notice that the dog presented any risk of harm to other patrons. Reversed.
Court: New York Appellate Divisions, Judge: Genovesi, Filed On: November 15, 2023, Case #: 05708, Categories: tort, negligence
J. Marcotte finds that the trial court properly found for the Department of Children and Family Services on biological parents' claims that their child suffered head trauma and abuse by the foster parent. The Department is not vicariously liable for intentional torts committed by a foster parent because foster parents are not employed by the Department. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: November 15, 2023, Case #: 55,343-CA, Categories: tort, negligence, Agency
J. Cullen denies the food manufacturer's motion to dismiss. The customer claims she swallowed glass while eating a veggie burger from Burger King and sued both the manufacturer of the meatless burger and the restaurant that sold it to her, contending that at least one of them was negligent by allowing the glass to make its way into her food. The manufacturer argued that because she doesn’t know how the glass got into her Impossible Whopper she is barred from suing but no reasonable interpretation of the federal rules of civil procedure requires that a plaintiff know precisely how its injury occurred.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: November 14, 2023, Case #: 4:23cv16, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: tort, negligence, Product Liability
J. Hood finds the appeals court erroneously overturned the jury's verdict in favor of the rescuer. Although the assailant's theft of the cab and subsequent vehicular assault may have seemed unusual, it was within the scope of foreseeability and part of a single course of conduct that rendered the cab company liable for the rescuer's injuries.
Court: Colorado Supreme Court, Judge: Hood, Filed On: November 14, 2023, Case #: 2023CO56, Categories: tort, negligence
J. Armstead determined the circuit court did not err when granting summary judgment in favor of a doctor and two medical institutions, who were sued by a patient for medical malpractice after he became addicted to prescription pain medications. The circuit court found the patient’s claims were barred by statutes of limitations under the West Virginia Medical Professional Liability Act. He had two years to file a complaint after submitting an intent to sue in May 2018, but did not file a completed notice of claim or certificate of merit until July 2020.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-158, Categories: tort, negligence, Medical Malpractice
J. Xinis grants the school and host parent’s motion to dismiss this negligence and contract dispute brought by the parents of an exchange student, who say the student was sodomized by his host parent. The parents fail to make a plausible liability theory of negligence or state any facts which support the existence of an implied-in-fact contract. The parents’ motion for leave is granted to cure any defects as to the school only in their amended complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: November 1, 2023, Case #: 8:22cv3117, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence, Contract
J. Jacobs finds a lower court improperly denied a police officer's motion to dismiss a civilian's personal injury claims. The civilian argued that the police officer was vicariously liable when he hit him with a patrol car as he rode his bike across a crosswalk, which resulted in injuries. However, the police officer sufficiently showed in court that the civilian breached traffic rules when he failed to yield the right-of-way near a traffic-control device, and that he failed to state a specific settlement amount for his injuries. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: October 31, 2023, Case #: 1 CA-SA 23-154, Categories: tort, negligence
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. Contreras finds that the lower court properly awarded damages for future physical impairment in this suit arising from a motor vehicle accident. The evidence sufficiently supports the award of $60,000. While some evidence might have been ambiguous, the jury could believe "the testimony of witnesses at trial and determine their credibility." Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: October 19, 2023, Case #: 13-22-00534-CV, Categories: tort, Damages, negligence
J. Fischer finds the trial court improperly granted summary judgment to the property owners in this suit brought by parties injured in a dog attack occurring on their property. Though the property owners are not owners of the dog for purposes of certain state and federal laws, disputed issues of fact concerning whether the owners breached their duty preclude summary judgment as to common law theory of liability. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Fischer, Filed On: October 19, 2023, Case #: 117997, Categories: tort, negligence, Premises Liability
Per curiam, the appellate division finds that the lower court properly denied the non-profit's motion to dismiss a man's sexual abuse claims stemming from conduct that occurred in approximately 1970. The non-profit did not submit evidence to conclusively disprove the man's claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 18, 2023, Case #: 05285, Categories: tort, negligence
J. Papik finds the trial court properly granted summary judgment to the state in this negligence claim arising from the collision of a mower with a picnic table at which a park-goer was seated. The mower slid down a slope, which was wet due to the previous day’s rain. The State Tort Claims Act provides the state immunity from certain claims arising from conditions caused by weather. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: October 13, 2023, Case #: S-22-952, Categories: tort, Immunity, negligence
J. Hull finds the trial court properly entered summary judgment in favor of the school district in this personal injury suit brought by the volunteer worker who was injured in a fall off the school’s auditorium stage during a spelling bee. A governing resolution converts the volunteer’s status to that of an employee under the Workers Compensation Act, rendering workers’ compensation the volunteer’s sole and exclusive remedy. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: October 5, 2023, Case #: C092691, Categories: tort, negligence, Workers' Compensation
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. Calabresi finds that the district court improperly assessed comparative liability to a delivery driver who sustained injuries when his motorized bicycle ran into the door of a government vehicle that had been opened by a military recruiter because evidence did not support findings that the bicyclist was 40% liable for damages.
Court: 2nd Circuit, Judge: Calabresi, Filed On: October 5, 2023, Case #: 22-995, Categories: tort, Vehicle, negligence