538 results for 'cat:"Wrongful Death"'.
J. Whitehead dismisses the father's complaint that the county's deputies fatally shot his son when they responded to a domestic violence call. The deputies had justification to use deadly force because they reasonably perceived that the son posed an immediate threat to the deputies and others. The son was intoxicated and armed with a knife, came towards the deputies with the knife, and did not comply with the deputies' commands to stop and drop the knife.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: May 28, 2024, Case #: 3:22cv5079, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, wrongful Death
J. Raphael finds that the trial court should have granted a hospital summary judgment in a medical malpractice and wrongful death case. A declaration from an expert for the decedent's father did not raise any issues of fact about the care provided by the hospital staff. The expert's experience as a nurse anesthetist and trauma unit nurse did not give her adequately specialized knowledge to opine on a neurosurgeon's decisions about when to surgically intervene for a severe traumatic brain injury. Vacated.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: May 28, 2024, Case #: E082481, Categories: Experts, wrongful Death, Medical Malpractice
J. Goldstein finds that the lower court improperly approved a mediated settlement agreement and entered a final judgment in this case involving wrongful death and survival claims stemming from a car collision. The court concludes that the guardian ad litem exceeded her authority "by approving the settlement agreement and signing on behalf of the minor children." Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 24, 2024, Case #: 05-22-00203-CV, Categories: Family Law, wrongful Death, Contract
J. Combs finds that a nursing home was properly denied summary judgment in claims contending a patient died from heart failure after sustaining a wound infection following surgery because the nursing home did not demonstrate that Covid-19 protocols required meeting by telehealth conference, which prevented the physician and nurse practitioner from performing in-person examinations.
Court: Kentucky Court Of Appeals, Judge: Combs, Filed On: May 24, 2024, Case #: 2023-CA-0582-MR, Categories: wrongful Death, Covid-19
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J. Wright denies the city's motion for a new trial following a jury verdict in favor of the decedent's daughter in an excessive force and wrongful death suit stemming from an individual's death following a "take down" by officers until the individual “stopped making sounds." When paramedics arrived, the individual was not breathing and had no pulse. The city alleges that "prejudicial judicial misconduct...denied them a fair trial and provoked the jury to award excessive damages." The city has not shown that replaying bodycam and dashcam videos of the incident constituted prejudicial judicial misconduct. The evidence supports the jury award of $6 million for the individual's pre-death pain and suffering, $6 million for his loss of life and $1.5 million for the daughter's loss of her father.
Court: USDC Central District of California, Judge: Wright, Filed On: May 24, 2024, Case #: 2:20cv8382, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, wrongful Death
J. Randolph finds that the lower court properly granted the county summary judgment in wrongful death claims brought after an inmate died by suicide because an adequate suicide prevention policy had been in place at the time of the death, and the decedent had not exhibited risks of suicide or symptoms of mental illness. Affirmed.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: May 23, 2024, Case #: 2022-CA-1106, Categories: wrongful Death
J. Proctor denies, in part, a residential community’s motion to dismiss this wrongful death lawsuit stemming from an 18-year-old drowning in the common area pool. The decedent’s mother alleges there was no lifeguard on duty in which the community has no duty to warn. She fails to state a claim or pled her negligence per se claim and fails to “precisely identify the facts relevant to each count and rolling those allegations from one count to another makes her complaint a shotgun pleading.”
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: May 23, 2024, Case #: 2:23cv1540, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, wrongful Death
J. Ocasio finds that the lower court properly found for the estate in a wrongful death suit against the train employer. While the employee was a heavy smoker, the employer maintained a railyard that exposed him daily to toxins known to cause cancer, including asbestos and diesel exhaust, so the jury reasonably found the employer 35% responsible for his pain and suffering due to colon cancer. Affirmed.
Court: Illinois Appellate Court, Judge: Ocasio, Filed On: May 23, 2024, Case #: 230481, Categories: Negligence, wrongful Death
J. Barret finds that the circuit court improperly dismissed a surgeon from wrongful death claims with prejudice in claims contending contrast dyes that had been used in placing heart stents caused the decedent kidney damage, as the decedent's widow had sent summonses and complaints to the surgeon's last known address in Costa Rica via registered mail. While the documents had been refused, service had been completed. However, negligent supervision claims were properly dismissed. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Barret , Filed On: May 22, 2024, Case #: CV-23-114, Categories: Due Process, wrongful Death, Medical Malpractice
J. Edmondson finds the district court improperly dismissed a contractor's third-party action against a subcontractor arising from a widow's tort action. The widow sued various entities involved in construction site work based upon their alleged liability after a workers' compensation award was made by the subcontractor for its deceased worker. The construction contract between the different entities contains an indemnity clause that expressly includes the contractor as a beneficiary. Reversed.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: May 21, 2024, Case #: 121047, Categories: Tort, wrongful Death, Workers' Compensation
J. Mehalchick denies the motion of a county and medical provider to dismiss claim filed by the father of a woman who died while in jail. The father pled in “painstaking detail” the daughter’s unfolding emergency as evidence of deliberate indifference to her medical needs, while also identifying several policies, customs or practices supporting his denial of medical care claim.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: May 20, 2024, Case #: 3:22cv2032, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, wrongful Death
[Consolidated.] J. Markle finds that the trial court properly denied the restaurant's and security company's motions for summary judgment in a wrongful death and premises liability action brought by the wife after she was injured and her husband was killed in a shooting in the restaurant's parking lot. Genuine questions of fact exist as to whether or not the crime was foreseeable, whether increased security would have prevented the husband's death and whether the security company knew its services were necessary for protection. A jury must decide what the terms of the contract between the restaurant and the security company were. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 20, 2024, Case #: A21A1341, Categories: wrongful Death, Premises Liability
J. Countiss finds that the trial court improperly entered a $222 million judgment favor of the widow of a worker killed in a steam accident at a coal-fired power plant in Kansas. The jury's damages award was excessive and the result of improper arguments the widow's attorney made encouraging the jury to punish the industrial services provider, which had serviced the plant's relief valves. Furthermore, the trial court improperly applied Texas law, instead of Kansas law, when finding that the provider was 100% responsible for the damages. Also, the case belongs in Kansas, so the jury award is vacated and the case dismissed for forum non conveniens. Vacated.
Court: Texas Court of Criminal Appeals, Judge: Countiss, Filed On: May 16, 2024, Case #: 01-22-00313-CV, Categories: Damages, wrongful Death, Venue
[Consolidated.] Per curiam, the appellate court finds that the trial court should have granted the relators' exceptions of no cause of action on the decedent's family's claim for bystander damages after the decedent drowned while being chased by the facility's employees after they observed the decedent tampering with their vehicle. In this case, the family does not show that they observed the drowning or chase. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 24-C-58, Categories: Evidence, wrongful Death
J. Mariani denies two state troopers and a state police department’s motion to dismiss ADA and discrimination claims by the father of a 36-year-old with mental health issues who police fatally shot after they were called to the son’s house for a welfare check. The police failed to attempt to deescalate the situation, as they had during previous welfare checks, and the father plausibly argued the police troopers were not properly trained to respond to the call.
Court: USDC Middle District of Pennsylvania, Judge: Mariani, Filed On: May 15, 2024, Case #: 3:23cv1632, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, wrongful Death, Police Misconduct
J. Lawrence finds the trial court properly granted the apartment complex's motion for summary judgment on the estate's wrongful death claim. The victim and the individual who shot and killed her knew each other before the incident, while the estate also failed to submit any evidence of a causal relationship that would have transferred liability to the complex. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-CA-897, Categories: Evidence, wrongful Death
Per curiam, the Oklahoma Supreme Court answers the certified question, "Where the passenger was killed in an employer-owned vehicle with liability insurance and has not shown the claim would exceed coverage, but where he also cannot recover under the policy because a worker's compensation provision bars suit against the employer, does that vehicle qualify as an uninsured vehicle?" The vehicle does qualify as an uninsured vehicle.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 120403, Categories: Insurance, wrongful Death, Workers' Compensation
J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent’s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: Civil Procedure, wrongful Death, Medical Malpractice
J. Ashmann-Gerst finds that the trial court should have granted a nursing facility's motion to compel arbitration of a wrongful death claim filed by the parents of a dependent adult who died in its care. The arbitration agreement signed by their son plainly bound his heirs to arbitrating a wrongful death claim based on an allegation of professional negligence. Reversed.
Court: California Courts Of Appeal, Judge: Ashmann-Gerst, Filed On: May 10, 2024, Case #: B323237, Categories: Arbitration, Health Care, wrongful Death
J. Devine finds that the court of appeals improperly ruled in a wrongful death case filed by the family of a cyclist who was killed when a Houston police patrol car struck him as the officer was responding to a call. The officer's actions were done in the course of his duties and were done in good faith. Because the family failed to present evidence to refute those conclusions, the city is entitled to sovereign immunity and dismissal of the case. Revered.
Court: Texas Supreme Court, Judge: Devine, Filed On: May 10, 2024, Case #: 22-1074, Categories: Government, Immunity, wrongful Death
J. Eaton finds the trial court properly granted summary judgment to a power company and construction company based on the 20-year statute of repose in this wrongful death and negligence lawsuit filed by the decedent’s estate. The estate alleges the construction company installed the asbestos and the decedent was exposed through her husband, who worked with the power company that caused the decedent’s mesothelioma and death from the asbestos exposure. The upheld the repose finding the last injury occurrence fell outside the period in relation to the Vermont Constitution. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 10, 2024, Case #: 23-AP-217, Categories: Constitution, Negligence, wrongful Death