6 results for 'cat:"Property" AND cat:"Tort" AND cat:"Negligence"'.
J. Hoyle finds the trial court properly ruled in favor of the dog attack victim. Though the dogs were kept on adjoining properties, and there were questions as to who was in actual possession of them as well as who controlled the property, the jury found certain property owners to share in certain percentages of negligence. One of the owners, however, lacked superior ability to control the property, and the evidence is legally insufficient to support a finding of negligence as to this owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 13, 2024, Case #: 12-22-00297-CV, Categories: property, tort, negligence
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. Chuang denies in part a grocery store’s motion to dismiss allegations of statutory and common law tort brought by two residents who own a home across the street. The grocery has allegedly significantly increased noise, trash and traffic on the residents’ property. Also, a person who shoplifted at the store ran onto the residents’ property to evade authorities, then tried to steal their bikes. Construction of the store also caused vibrations so strong it shook the residents’ home and made cracks in their driveway. The residents have, therefore, plausibly argued trespass, negligence and private nuisance. However, the residents’ claims of violations of a state environmental statute fail because only political subdivisions can use this particular rule, not individual homeowners. Their case is also not strong enough to sufficiently argue emotional distress claims.
Court: USDC Maryland, Judge: Chuang, Filed On: September 8, 2023, Case #: 8:22cv2396, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, tort, negligence
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J. Dever grants summary judgment to a hog farm following allegations of negligence and trespass brought by residents living in close proximity to the farm. The residents claim the farm allowed hog feces, urine, dust and other contaminants to land on their properties and putrefy their air. However, they fail to show sufficient evidence that these substances came solely from the hog farm.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 16, 2023, Case #: 7:20cv85, NOS: Torts to Land - Real Property, Categories: property, tort, negligence