164 results for 'cat:"Evidence" AND cat:"Negligence"'.
J. Maxwell finds the lower court improperly denied a store’s motion for summary judgment in this negligence claim. A customer allegedly slipped and fell within a minute of entering the store, sustaining injury. The customer did not know what caused the slip, and did not see any hazard before, during, or after the incident. The store employee who took the incident report amended it the following day to show that carpet freshening powder had been the culprit, and that it was cleaned up after the customer reported the fall. The customer presented no evidence that indicated when or how the spill occurred, nor did she present evidence to show the store was negligent, or had knowledge of the spill for any length of time and failed to take action. Reversed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 22, 2023, Case #: 2022-IA-01054-SCT, Categories: evidence, negligence, Premises Liability
J. Freudenthal grants summary judgment to the independent contractor for the employee's claim that his arm was crushed when the independent contractor and its co-defendants negligently lowered a crane centrifuge while the employee was in the catwalk. There is insufficient evidence that the independent contractor had control over the operative details of the crane work, and the employee heavily relies on a written note from the person who operated the crane that the independent contractor and others were the ones truly liable for this incident.
Court: USDC Wyoming, Judge: Freudenthal, Filed On: June 21, 2023, Case #: 2:21cv160, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, evidence, negligence
J. Hecht finds the court of appeals improperly ruled in favor of an individual in a personal injury suit he brought against an elevator maintenance company after an elevator he was riding in accelerated quickly and abruptly stopped. The individual argued during the jury trial that the company’s negligence can be inferred based on the details of the incident, which the jury did. After the court of appeals affirmed the ruling, the company petitioned for review, challenging the charge of negligence and sanctions against it. The evidence presented by the individual failed to show that the incident would not have occurred in the absence of negligence. Furthermore, the sanctions levied against the company were proper. Reversed in part, affirmed in part.
Court: Texas Supreme Court, Judge: Hecht, Filed On: June 16, 2023, Case #: 22-0030, Categories: Corporations, evidence, negligence
J. Ledet finds that the district court should not have ruled in favor of the building owner on a slip and fall claim from a visitor to the building who fell down a darkened staircase leading to a laundry room. The condition of the staircase, without a proper landing, handrails, or accessible light switch and being located behind a closed, unmarked door, has some "social utility" since it led to the laundry room. Further, the building owner testified that she instructed tenants not to leave the key to the deadbolt lock on the staircase door. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: June 14, 2023, Case #: 2022-CA-0804, Categories: evidence, negligence
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J. Arterburn finds the trial court properly granted summary judgment to Target in this slip-and-fall suit. The injured party testified to slipping and falling on the sidewalk outside Target after walking across purple “ice melt,” injuring her knee. She wasn’t sure whether or not there was ice where she slipped and a Target employee testified to possibly having already treated the area with ice melt. No evidence was shown that Target had actual or constructive notice of the potential non-visible ice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 6, 2023, Case #: A-22-805, Categories: evidence, Tort, negligence
J. Erickson finds the lower court properly found for Home Depot on a consumer's negligence claims, in which he says he suffered injuries when the store's automatic exit doors closed on him. Home Depot presents sufficient evidence the consumer failed to show the sliding doors were a dangerous condition.
Court: 8th Circuit, Judge: Erickson, Filed On: June 2, 2023, Case #: 22-2374, Categories: evidence, negligence
J. Rodriguez finds a lower court ruled correctly in finding a driver was negligent in a three-car collision that happened during a “big old sandstorm.” The driver appealed, arguing the jury had erred in finding him negligent, but while the driver argued he had not continued driving into the sandstorm and had instead stopped, other evidence contradicts this and jurors were “free to believe or disbelieve [his] contention.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 30, 2023, Case #: 08-22-00046-CV, Categories: evidence, Vehicle, negligence
J. Haikala grants an individual's motion to exclude a marine officer's opinion testimony in a negligence case arising from a Sea-Doo collision, which injured the individual and killed a woman. The officer's opinion regarding the cause of the individual's injuries and his "guesstimates about angles of impact and other unscientific conclusions" that lead him to believe the individual was operating the Sea-Doo at the time of the accident are unreliable.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: May 27, 2023, Case #: 5:22cv10, NOS: Other Statutory Actions - Other Suits, Categories: evidence, Maritime, negligence
J. Bradford finds that the trial court improperly ruled in negligence claims in which an insurer contends a corporation discarded evidence related to a fire that damaged an insured home by finding that the insurer failed to properly plead that the corporation had a duty to preserve the evidence. Reversed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: May 25, 2023, Case #: 22A-CT-1924, Categories: evidence, negligence
J. McKinster grants the school district’s petition to reconsider sanctions imposed for its negligent erasure of a video which captured the alleged sexual assault of a student. The record supports the trial court’s ruling that the district was on notice that litigation was reasonably foreseeable, and so the safe harbor provision did not apply. The court of appeals directs the trial court to reconsider whether the form of sanctions it imposed are warranted and whether lesser sanctions will adequately remedy the loss of the video.
Court: California Courts Of Appeal, Judge: McKinster, Filed On: May 24, 2023, Case #: E078673, Categories: Education, evidence, negligence
J. Robinson finds that the trial court properly found for a defendant driver on plaintiff driver's car collision claim. In this case, the trial judge found the defendant driver's version of the events, that he came to a complete stop at the intersection before moving into the intersection on a green arrow, to be more credible. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 24, 2023, Case #: 54,953-CA, Categories: evidence, negligence
J. Mooney finds, on remand from the Supreme Court, that the trial court properly convicted defendant of criminal negligence. “The evidence was legally sufficient to support a finding that defendant acted with criminal negligence with respect to the amount-of-damage element of first-degree criminal mischief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 24, 2023, Case #: A171443, Categories: evidence, Criminal negligence
J. Zimmerman finds the lower court properly granted the shopping center's motion for summary judgment on the patron's trip and fall claim. The curb in the parking lot was not hidden and, therefore, was an open and obvious hazard under Ohio law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 22, 2023, Case #: 2023-Ohio-1703, Categories: evidence, negligence