9 results for 'cat:"Civil Procedure" AND cat:"Damages" AND cat:"Negligence"'.
[Consolidated.] J. Fitzgerald finds that the jury erred in its allocation of fault and the trial court improperly reduced damages awarded in an auto accident case stemming from an incident where a box truck rear-ended a police cruiser, seriously injuring a deputy sheriff. The nonparty background check company was erroneously added to the jury verdict form despite the defendant parties' pre-trial judicial confession as to liability for the crash. The issue in the verdict form led to an incorrect assessment of 200% liability, with the trial court then reducing the $5 million in damages by the 30% assessed to the background check company. Thus, the liability is amended to assign 75% to the truck driver and 25% to his employer, and the damages are restored to $5 million. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 6, 2024, Case #: CA-23-488, Categories: civil Procedure, damages, negligence
J. Milazzo denies a request by the manufacturer of a chemotherapy drug to dismiss 47 cases in the mass product liability litigation in which the litigant has passed away, in some cases, years ago. It is the burden of the litigants’ counsel to notify the decedent’s representatives, not the drug-maker.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 23, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: civil Procedure, damages, negligence
J. Spain finds, on rehearing, that the trial court properly ruled in favor of the motorist on his negligence claim against the city over an auto accident with its peace officer, but the award of $250,000 in damages was erroneous. The award was more than the "aggregate relief permitted by Texas Rule of Civil Procedure 169." The motorist was only entitled to a maximum of $100,000 under the version of Rule 169 that was in effect when he filed suit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: January 18, 2024, Case #: 14-21-00482-CV, Categories: civil Procedure, damages, negligence
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J. Lazar finds the circuit court properly ruled in favor of the town and the town's insurance company in a lawsuit a citizen filed after he broke his clavicle in a bicycle crash on what he claims was a negligently maintained town road. The circuit court correctly determined that the citizen's lawsuit, filed 11 months after he first filed a claim with the town, is barred by a six-month statute of limitations. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: August 16, 2023, Case #: 2022AP000198, Categories: civil Procedure, damages, negligence
J. Kyzar finds that the trial court properly granted a judgment notwithstanding the verdict and awarded $363,626 in damages to the emergency medical technician on her personal injury claim over a shoulder injury that occurred when a nurse suddenly stopped the stretcher she was pulling. The evidence supports the jury's determination that the nurse was negligent but also shows that the jury erred by not finding the incident was the "cause-in-fact" of the EMT's injury. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: July 26, 2023, Case #: CA-22-749, Categories: civil Procedure, damages, negligence
J. Thierry finds that the trial court properly granted the plaintiff driver and his wife judgment notwithstanding the verdict regarding the issues of liability and damages in an auto accident case. The evidence and applicable law showed the defendant driver should have been deemed fully at fault for the plaintiff driver's injuries. Also, the jury's award of nothing for future damages "ignores the overwhelming evidence" in favor of the plaintiff driver. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: July 12, 2023, Case #: CA-22-712, Categories: civil Procedure, damages, negligence