122 results for 'cat:"Civil Procedure" AND cat:"Tort"'.
[Consolidated.] J. White finds the lower court improperly dismissed the homeowners' claims against the federal government for its response to the 2016 Great Smoky Mountains forest fire. Although their notification forms to the Department of the Interior did not specifically mention "failure to act" as their primary cause of action, the presentment requirement of the Federal Tort Claims Act requires only written notification of the incident and a claim for money damages, both of which were included on the form. Reversed.
Court: 6th Circuit, Judge: White, Filed On: August 17, 2023, Case #: 22-5492, Categories: civil Procedure, Government, tort
J. Savoie finds that the trial court improperly dismissed the shopper's claims stemming from his alleged injuries due to a slip and fall. The shopper's expert report was erroneously stricken based on the fact no inspection of the store was done, but the expert could not perform an inspection or testing at the site since the store had filed for bankruptcy and abandoned the location. Also, the evidence created genuine issues of material fact that precluded summary judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: August 16, 2023, Case #: CA-22-745, Categories: civil Procedure, Evidence, tort
Per curiam, the appellate division finds that the lower court properly directed the substitution of the town in place of the non-party village, which dissolved after the woman's trip and fall. The village's debt and liabilities were assumed by the town, which is now the proper party to this action. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 9, 2023, Case #: 04232, Categories: civil Procedure, tort
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J. Smith finds that the lower court properly sustained the appellee's objections to the admission of certain medical provider affidavits in this personal injury lawsuit stemming from a car collision. There was no abuse of discretion with the ruling, as there was a "legitimate basis" for excluding the affidavits. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 18, 2023, Case #: 05-22-00531-CV, Categories: civil Procedure, tort, Damages
J. Sessions denies the company's motion to dismiss the nuisance case, where the school district alleges the company's polychlorinated biphenyls, or PCBs, are contaminating school buildings. The company is not entitled to dismissal based on the statute of limitations, and the school district sufficiently stated its nuisance and trespass claims.
Court: USDC Vermont, Judge: Sessions, Filed On: June 26, 2023, Case #: 2:22cv215, NOS: Torts to Land - Real Property, Categories: civil Procedure, Environment, tort
J. Reynolds Fitzgerald finds that the lower court properly dismissed claims contending plaintiff slipped and fell while playing racquetball at a club because plaintiff did not cite online articles and blogs in contending the accident had been caused by dust on the playing surface until the club moved for summary judgment, and the claim was meritless in the face of testimony from experts and other players. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 22, 2023, Case #: 535034, Categories: civil Procedure, tort, Experts
J. Reichek finds that the lower court properly dismissed the ex-wife's tort claims against her ex-husband. The claims were barred under the doctrine of res judicata, as they could have been raised in the parties' divorce action. The alleged incident at issue occurred "prior to the final divorce decree." Accordingly, summary judgment in favor of the ex-husband was appropriate. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: June 20, 2023, Case #: 05-21-01064-CV, Categories: civil Procedure, Family Law, tort
J. Palafox conditionally grants mandamus relief to the U.S. Postal Service and a postal carrier who were sued following a vehicle collision. Both the Postal Service and carrier argued that a local electric company and resident should be designated as third parties because they allege that a telephone pole, a rock wall and shrubbery obscured visibility and contributed to the accident, and the parties timely moved to designate them.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 16, 2023, Case #: 08-23-00100-CV, Categories: civil Procedure, tort, Vehicle
J. Pritzker finds that the lower court improperly dismissed plaintiff's request for declaratory relief on insurer liability for her medical expenses because material facts remained to be developed. Thus, denials should have been granted on the basis that the request had been premature, and the complaint should be reinstated and remitted. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 15, 2023, Case #: 535707, Categories: civil Procedure, Insurance, tort
J. Randolph reverses the district court's dismissal of an individual's second action related to her allegations she was sexually abused by a teacher when she was 14 years old and remained in the relationship for five years. The statute of limitations changed between the dismissal of her first action, which was dismissed for untimeliness, and the filing of her second action, which was dismissed on res judicata grounds. Reversed.
Court: DC Circuit, Judge: Randolph, Filed On: June 13, 2023, Case #: 22-7021, Categories: civil Procedure, tort
J. Page finds that the lower court improperly granted the injured driver a new trial after a jury found in her favor, awarding her $85,000. The court did not err by not declaring a mistrial sua sponte after defense counsel made inappropriate comments, and there is no evidence she suffered prejudice from the comments. Reversed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: May 30, 2023, Case #: ED110937, Categories: civil Procedure, tort