175 results for 'cat:"Evidence" AND cat:"Negligence"'.
J. Stabile finds that the lower court improperly dismissed an aerospace and defense contractor from this case in which an estate alleges its decedent contracted fatal mesothelioma from asbestos exposure while at work for the contractor’s subsidiary. There remains a question of whether the estate can pierce the contractor’s corporate veil, and potentially be liable for any negligence of its subsidiary. Reversed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: September 17, 2024, Case #: J-A28023-23, Categories: Civil Procedure, evidence, negligence
J. Ledet finds that the trial court properly granted a directed verdict to a genetic testing company on a patient's negligence action alleging the company's agent mistakenly represented to her that she had an up to 90 percent chance she would develop breast cancer, leading her to undergo a mastectomy. Later the patient would discover that her risk of breast cancer before the surgery was actually 48 percent. In this case, the jury's no causation finding showed that even if the genetic testing company's training of the agent was different, the patient's injuries would not have been prevented. Both parties' experts testified that without the surgery, the patient's risk of developing breast cancer would be greater. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: September 16, 2024, Case #: 2024-CA-0236, Categories: evidence, Health Care, negligence
J. Gonzalez denies, in part, the truck driver's motion to dismiss, ruling his failure to brake or avoid a collision after the injured driver put on his hazard lights and slowed down because of stopped traffic is sufficient to state a claim for gross negligence. However, because there is no evidence the truck driver was unfit for his position or had a history of similar accidents, the trucking company's motion to dismiss negligent hiring and supervision claims is granted.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 9, 2024, Case #: 1:23cv1036, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, Vehicle, negligence
J. Miller finds that the trial court properly sustained objections to several declarations as hearsay evidence in a negligence and premises liability case over missing personal property. It also properly granted summary judgment to a person who had no control over the personal property or the premises where it had been stored, and therefore had no duty to its owner. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: September 6, 2024, Case #: E081025, Categories: evidence, negligence
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J. McClendon finds that the trial court properly ruled in favor of the plaintiff driver in his negligence suit over injuries suffered in a collision with a garbage truck that backed into him. There was no error in allowing the testimony of the biomechanics expert since it was reliable and explained how the crash caused the plaintiff driver's injuries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: September 3, 2024, Case #: 2023CA0943, Categories: evidence, negligence
J. Chambers, in this interlocutory appeal, finds the trial court improperly denied the county's plea to the jurisdiction on a driver's injury action following a car accident allegedly caused by an officer responding to an emergency call. Though the evidence creates an issue of material fact regarding whether or not the officer was responding to an emergency call, evidence does not show the officer was driving with reckless disregard. Therefore, jurisdiction is not established over claims based on reckless disregard. Reversed in part.
Court: Texas Courts of Appeals, Judge: Chambers, Filed On: August 29, 2024, Case #: 09-23-00052-CV, Categories: evidence, negligence, Police Misconduct
J. Chapa finds the trial court properly excluded certain evidence during a worker's negligence case against a contractor following a fall from a roof that led to a $4.6 million damages award in his favor. Exclusion of deposition testimony regarding the worker's consumption of a beer and half a joint on the morning before the fall was not prejudicial, as the jury had access to the information via medical records. Furthermore, evidence of the worker's immigration status and the fact that he was in jail would have had a far more prejudicial, rather than probative, effect. Affirmed.
Court: Texas Courts of Appeals, Judge: Chapa, Filed On: August 28, 2024, Case #: 04-22-00072-CV, Categories: evidence, Damages, negligence
J. Stephens finds that the district court should not have found for a grocery store on a shopper's slip and fall action. There is a genuine issue of material fact as to whether the shopper could see the hole in the parking lot that she fell in and whether she could have avoided the hole. Further, the shopper submitted an expert report determining that the fall was caused by the defective condition of the parking lot. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: August 28, 2024, Case #: 55,801-CA, Categories: evidence, negligence
J. Emfinger finds the lower court properly found for a school on a mother's negligence action arising from the stabbing of her son. Evidence indicates the coach never left the gym during basketball practice and was unaware one of the players had a knife or that there was any animosity between that player and the victim. Therefore, he did not act unreasonably and the school did not breach any duty of care to the victim. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: August 20, 2024, Case #: 2023-CA-418, Categories: Education, evidence, negligence
J. Morrison grants the employer's motion to dismiss, ruling the employees fail to establish standing for any of their claims stemming from an alleged data breach. There is no evidence a data breach actually occurred or that any of the employees' sensitive personal information was stolen; therefore, the employees have no evidence of a concrete or imminent injury.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: August 20, 2024, Case #: 2:23cv3365, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: evidence, negligence, Class Action
J. Welbaum finds defendant's motion to dismiss was properly denied by the trial court. The state's indictment contained all necessary elements of the charges for contributing to the unruliness of a child and included facts about affirmative actions taken by defendant. Meanwhile, defendant's repeated failure to monitor her daughter's whereabouts on school mornings or ensure she had some mode of transportation to get to school was sufficient to convict her of all five charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: August 16, 2024, Case #: 2024-Ohio-3128, Categories: evidence, negligence
J. Wise finds that the trial court properly rendered judgment that the estate representative take nothing on her claims against the estates of homeowners relating to an incident involving a caregiver who was fatally attacked by animals at the home and whose body was discovered mutilated by wild hogs. There is no evidence that the homeowners' dog along with other dogs had caused the caregiver's death based on the bites and tusk marks that indicate a wild hog attack. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 13, 2024, Case #: 14-22-00879-CV, Categories: evidence, negligence
J. McClarty finds that the trial court properly granted custody to the Tennessee Department of Children’s Services and denied a grandmother’s adoption petition in the best interest of the children. The grandmother failed to protect the children, exhibited inappropriate behavior, and subjected them to severe abuse, among other things while in her care. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: August 13, 2024, Case #: M2023-00849-COA-R3-CV, Categories: evidence, Family Law, negligence
J. Callins finds that the lower court properly sustained the Loudoun County’s deputy sheriff, deputy clerk of court, clerk of the circuit court, sheriff and commonwealth demurrers to claims of false imprisonment, gross negligence, negligence pro se, civil conspiracy and respondent superior in this civil rights case. Defendant failed to sufficiently plead her claims, lacked factual evidence and a legal basis to support the case. Affirmed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: August 13, 2024, Case #: 1903-22-4, Categories: evidence, Conspiracy, negligence
Per curiam, the circuit finds the district court properly found for Lowe's in a trip and fall case. When questioned at trial, the injured party said she was not sure exactly what she had caught her foot on. She fails to establish a genuine issue of material fact as to what caused her fall. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 7, 2024, Case #: 23-30769, Categories: evidence, Tort, negligence
J. Coogler grants a sunscreen manufacturer’s motion for summary judgment, excluding the consumer’s expert testimony, and imposes sanctions on evidence. The consumer claims that the manufacturer’s aerosol sunscreen contains benzene and has caused him health problems. His evidence lacks reliability, and she fails to establish a link between his health problems and the benzene exposure.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: August 7, 2024, Case #: 2:21cv1208, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: evidence, negligence, Product Liability
J. Chaney finds the lower court properly granted a citizen’s plea in bar and dismissed this negligence case brought by a former minor. The minor claims assault, battery and intentional infliction of emotional distress after the citizen allegedly sexually abused her throughout her childhood. The statute of limitations had expired when she reached the age of adulthood. Affirmed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: August 6, 2024, Case #: 1450-22-4, Categories: evidence, negligence, Emotional Distress
J. Atkins finds that the trial court properly found for a contractor on a claimant's slip and fall claim because the contractor did not perform construction work near the area the slip and fall occurred. However, the trial court should not have found for the sewer and water board because the board was aware of the hole based on the claimant's testimony that she had been calling the board "to have them come out and fix the repairs that they started” and “telling them [to] come and fix the property." Further, the claimant testified that she fell in the hole at night, and that grass had covered the hole. Therefore, there is a genuine issue of material fact as to the board's liability. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: July 31, 2024, Case #: 2023-CA-0678, Categories: evidence, negligence
J. Gordon grants the grocery store's motion to exclude evidence in this slip and fall case. The injured party does not intend to have the total lumbar disc replacement surgery but asks it be admitted to show causation. The injured party had already undergone a different back surgery on the same part of her back, and it is unnecessary for her to present evidence on a surgery she will not receive to show causation. Evidence of prior slip incidents in the store's floral department, as well as expert testimony, will be allowed, as it may contain relevant information.
Court: USDC Nevada, Judge: Gordon , Filed On: July 29, 2024, Case #: 2:21cv1260, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence, Experts
Per curiam, the appellate court finds that the trial court improperly ruled in a slip-and-fall case. The evidence is disputed on whether the village defendants owed a duty to the injured plaintiff regarding an icy parking lot, and the trial court should not have ruled on the issue of duty. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 26, 2024, Case #: CA 23-00623, Categories: evidence, negligence
J. Jordan denies in part the county parties' motion for judgment on the pleadings on claims involving police officers who were members of the so-called "Goon Squad" and who are alleged to have tortured two individuals, where one was shot in the mouth when simulating an execution. The claims for supervisory liability and Section 1983 violations were plausibly pleaded.
Court: USDC Northern District of Mississippi , Judge: Jordan, Filed On: July 24, 2024, Case #: 3:23cv374, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: evidence, negligence, Police Misconduct
J. Gallagher grants a university medical system, a medical system and two doctor’s motion to dismiss this case challenging the validity of a state court consent order entered under duress. A patient and her parents seek a declaratory judgment and injunction saying the order violates federal and state constitutional rights and cannot be enforced, but failed to assert plausible claims.
Court: USDC Maryland, Judge: Gallagher, Filed On: July 23, 2024, Case #: 1:23cv1684, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, evidence, negligence
J. Fine grants a golf property owner's motion for summary judgment concerning a former employee's hostile work environment claims. The golf property owner sufficiently showed in court that the individual who groped her was not a supervisor, but a golfer, and that it immediately contacted law enforcement in a timely manner.
Court: USDC Arizona, Judge: Fine, Filed On: July 22, 2024, Case #: 2:23cv95, NOS: Employment - Civil Rights, Categories: Employment, evidence, negligence