176 results for 'cat:"Tort" AND cat:"Negligence"'.
J. Kemp denies Monsanto’s petition for any supervisory writ preventing the circuit court from allowing deposition of the chief executive officer of Bayer AG, Monsanto’s parent corporation and a German citizen, saying it acted beyond its jurisdiction in this suit against Monsanto and Walmart alleging a failure to warn, negligence and deceptive trade practices violations brought by the cancer patient. The requested writs are not appropriate remedy to reverse a discovery order and would require the Arkansas Supreme Court to delve into the underlying merits, which has been often held to be improper in decisions on issuing writs.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: June 8, 2023, Case #: CV-22-635, Categories: tort, negligence, Jurisdiction
J. Gesner grants a car dealership its motion to dismiss a negligence and personal injury claims after a customer tripped and fell on uneven rugs, hitting his face and hurting his shoulder and left knee. Because the customer did not file his claim until almost the very end of the statute of limitations in which to do so, his delay unfairly prejudiced the dealership.
Court: USDC Maryland, Judge: Gesner, Filed On: June 8, 2023, Case #: 1:22cv1487, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence, Premises Liability
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. Brown finds in favor of the owner of a vintage 1930 Brunner-Winkle Bird aircraft on all claims stemming from an accident in which the litigant’s arm was almost severed while hand-propping the aircraft’s engine. The court finds the litigant had knowingly assumed a level of risk due to his extensive experience as an aircraft mechanic and vintage aircraft enthusiast and that, by his own admission, there was nothing the owner, who was operating the aircraft at the time, could have done differently that would have prevented the accident.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:21cv2292, NOS: Airplane - Torts - Personal Injury, Categories: tort, negligence, Aviation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Johnson finds the trial court improperly denied an injured statehand’s motion to reinstate this suit after dismissal. The stagehand, working for the talent agency at the Conroe Cajun Catfish Festival, brought negligence allegations after falling off a stage and incurring injury. The record has nothing indicating that he was aware of or responsible for a calendaring mistake made by his attorney. No evidence supports the court’s conclusion that his failure to appear was intentional or resulting from conscious indifference. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-22-00336-CV, Categories: tort, negligence, Due Process
J. Du grants MGM’s motion to dismiss the deceptive trade practices claim brought by the patron who alleges that he was drugged, but allowed to continue gambling, resulting in physical injury. The injured party fails to plead consumer fraud claims with any particularity, though certain negligence claims are allowed to proceed. MGM had no duty to stop serving the patron once he had become visibly “erratic,” though other aspects of its general duty of reasonable care have been adequately pled.
Court: USDC Nevada, Judge: Du, Filed On: May 30, 2023, Case #: 2:22cv1906, NOS: Other Contract - Contract, Categories: Fraud, tort, negligence
J. Schiltz dismisses the minor and her mother’s suit related to burns the minor sustained when a minivan in a Walmart parking lot caught fire and the fire spread to a car where the minor was sleeping. The retailer’s policy of allowing travelers to sleep in its lots does not turn its parking lots into “recreational camping areas” under a Minnesota law regulating such areas, and the minor and her mother have not shown that doing so created a nuisance or that the burns were the result of the retailer’s negligence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 25, 2023, Case #: 0:22cv1584, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence, Premises Liability
J. Blake partially denies Costco’s motion for summary judgment following allegations of negligence when a customer injured his shoulder trying to lift a heavy grill into his pickup truck. He employed the help of a staff member, but when the customer said to lift on the count of three, the staff did not move his end of the grill, causing the injury. At this stage, Costco’s duty of care cannot be summarily denied.
Court: USDC Maryland, Judge: Blake, Filed On: May 24, 2023, Case #: 1:20cv664, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, negligence
J. Brian finds that the lower court improperly ruled, finding there is not enough evidence showing a homeowner is negligent in regards to his front porch steps that a postal man claims were a dangerous hazard when he delivered mail and broke his hip. Reversed.
Court: Alabama Supreme Court, Judge: Brian, Filed On: May 19, 2023, Case #: SC-2022-0560, Categories: Property, tort, negligence
J. Houston rules that a former San Diego State University student who was part of a fraternity may pursue negligence claims against university officials for allegedly falsely accusing him of participating in hazing. The individuals are not entitled to immunity because the former student has sufficiently alleged that they accused him of hazing despite knowing that there was no evidence to support the accusations, which supports "an intent to deceive."
Court: USDC Southern District of California, Judge: Houston, Filed On: May 17, 2023, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Education, tort, negligence
J. Dorsey denies Hertz’s motion to bifurcate the trial arising from a collision in the rental car return area at the Las Vegas airport. The drivers involved have settled with each other, with the not-at-fault driver filing against Hertz saying that the design of the return area was a proximate cause. There is significant overlap between the evidence on liability and damages. Any potential for prejudice does not warrant bifurcation. Hertz will be allowed to file excess pages as the driver has failed to show prejudice by the disparity in page count.
Court: USDC Nevada, Judge: Dorsey, Filed On: May 17, 2023, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, negligence
J. Arterburn finds the district court properly granted summary judgment to the restaurant named in this negligence suit arising from a trip and fall on a sidewalk outside the business, resulting in a broken hip. The injured party failed to meet her burden to prove that a dangerous condition on the sidewalk was the proximate cause of her fall and injuries. No evidence was shown by which a reasonable jury could infer the existence of the alleged dangerous condition. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 16, 2023, Case #: A-22-683, Categories: Evidence, tort, negligence
J. Rodriguez finds a lower court ruled correctly in granting a plea to the jurisdiction and summary judgment to the University of Texas at El Paso, which was sued by a mother who said she tripped and injured herself while attending her son’s graduation. The mother offered “no direct evidence” about how the long the hole had been around, or whether it had been around long enough that the university should have known about it, and therefore the school should retain “its immunity from suit and liability.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 15, 2023, Case #: 08-22-00063-CV, Categories: tort, Immunity, negligence
J. Partida-Kipness finds that the lower court properly granted summary judgment in favor of the appellees in this personal injury lawsuit arising from a workplace accident, in which the appellant was struck by a load of steel. The evidence does not show that the general contractor "exercised any control" over the individual's work as an independent contractor. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: May 15, 2023, Case #: 05-22-00006-CV, Categories: tort, negligence
J. Segal finds the superior court improperly entered summary judgment in favor of the building owner as to this negligence suit arising from a tenant’s fall from the roof when he was trying to climb down to his window after having forgotten his keys. The owners have not shown that public policy considerations justify departing from a generally recognized duty of care. The tenant created a triable issue in his declaration that, had the owners had an on-site property manager or an alarm on the roof access door he would not have gone onto the roof on the night of his injury. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Segal, Filed On: May 12, 2023, Case #: B316606, Categories: Landlord Tenant, tort, negligence
J. Sullivan grants Target its motion to dismiss discrimination claims brought by a former part-time “guest advocate.” The advocate, a Black woman, claims she was subject to ongoing harassment and stalking by another Black woman employee, who seemed interested in a sexual relationship with her. She also claims Target did little to stop the other employee’s behavior. However, because she does not claim that the conditions of her employment were adversely effected by the harassment and stalking, she fails to state a claim.
Court: USDC Maryland, Judge: Sullivan, Filed On: May 12, 2023, Case #: 8:22cv2088, NOS: Employment - Civil Rights, Categories: Civil Rights, tort, negligence
J. Hettel finds that the lower court properly found for the city in a trip and fall suit stemming from a woman's accident on a pedestrian bridge. Google Earth photos showing a visible gap between the concrete and pavers on the bridge do not qualify as constructive notice to the city, and were inadmissible because they were provided to the court without authentication. Affirmed.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: May 11, 2023, Case #: 220105, Categories: tort, negligence, Technology
J. Crocker finds largely in favor of the food testing laboratory in a lawsuit from a protein powder manufacturer claiming the laboratory contaminated its products with Salmonella during testing, causing millions of dollars of damages in out-of-pocket costs and lost profits. Due to the nature of the business relationship between the parties and the terms of the agreement the two entered in 2017, the manufacturer is barred from bringing its claim under Wisconsin's Deceptive Trade Practices Act, and its negligence claim is dismissed without prejudice according to the economic loss doctrine under the applicable Iowa law. The laboratory has until June 9, 2023, to reassert its negligence claim in an amended complaint.
Court: USDC Western District of Wisconsin, Judge: Crocker, Filed On: May 11, 2023, Case #: 3:22cv655, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: tort, negligence, Contract
J. Grogan finds the circuit court improperly granted summary judgment to the general contractor in a lawsuit from a painting subcontractor employee who fell down an exposed elevator shaft at the contractor's residential remodel construction site, causing injuries requiring cranial and spinal surgeries. The independent contractor rule from Wisconsin Supreme Court precedent does not shield the contractor from liability for the employee's injuries, in part because the only written contract it entered related to the project, which it signed with the company who provided the elevator, held that the contractor was solely responsible for the safety of all workers and subcontractors with relation to the elevator shaft before the elevator was installed. Because there also remain disputed facts about whether the two-by-four guardrails installed on the shaft and other safety precautions protect the contractor from the employee's negligence and safe place claims, the contractor cannot be dismissed, but the part of the circuit court's summary judgment order dismissing the contractor's employee individually is upheld. All other matters, including the claims of an insurance company, will be handled on remand. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Grogan, Filed On: May 10, 2023, Case #: 2021AP001720, Categories: tort, negligence, Contract
J. Greene finds that the trial court improperly dismissed the parents' claims brought on behalf of their son who was allegedly injured by a classmate in the playground of a school. There are genuine issues of material fact that precluded summary judgment in favor of the parents of the classmate. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: May 9, 2023, Case #: 2022CA1151, Categories: Civil Procedure, tort, negligence