11 results for 'cat:"Civil Procedure" AND cat:"Negligence" AND cat:"Wrongful Death"'.
J. Stadtmueller rules in part for the estate in wrongful death and negligence claims. The mother may only proceed without legal representation if she is the sole beneficiary of the decedent's estate, and she must file proof with the court to demonstrate such. Meanwhile, negligent medical care claims must be dismissed since they were not timely filed.
Court: USDC Western District of Wisconsin, Judge: Stadmueller, Filed On: April 18, 2024, Case #: 2:24cv348, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, negligence, wrongful Death
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J. Stabile finds that the lower court properly sustained the preliminary objections of a methadone clinic that gave a driver a larger-than-normal dose of methadone prior to his hitting a runner, who suffered fatal injuries. Given the lack of foreseeability of the runner’s death, his estate failed to state a claim against the clinic for public endangerment. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 14, 2023, Case #: J-A11004-23, Categories: civil Procedure, negligence, wrongful Death
[Consolidated.] J. Stevens finds that the lower court improperly issued discovery orders in this wrongful death and survival action brought by the decedent of a foster care parent murdered by her foster child, then 17 years old. The court’s order was improperly based on the ground that the discovery did not seek information from the foster care case record. Vacated.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: July 28, 2023, Case #: J-A10034-23, Categories: civil Procedure, negligence, wrongful Death
J. Reiss grants an insurance company's motion to dismiss the parents' wrongful death action alleging that the homeowner had loaded and unsecured firearms in her bedroom and was within the scope of her employment when their son accidentally killed himself with a pistol. The parents did not plausibly allege the homeowner's storing of the firearms was "conduct within the scope of her employment" or that a "special relationship" imposed a duty on the company to control her actions outside her employment.
Court: USDC Vermont, Judge: Reiss, Filed On: July 20, 2023, Case #: 2:22cv199, NOS: Other - Forfeiture/Penalty, Categories: civil Procedure, negligence, wrongful Death
J. Poissant finds that the trial court properly granted summary judgment to the equipment provider relating to a collision involving a front loader that was leased to another company. The company's employee backed into traffic and caused a crash with another vehicle, killing the driver and injuring its passengers. The evidence does not show that the equipment provider had a duty to ensure the front loader was "equipped and furnished for its safe operation" Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: July 13, 2023, Case #: 14-21-00704-CV, Categories: civil Procedure, negligence, wrongful Death
J. Doyle finds that the trial court properly granted the cities' motion to dismiss a negligence and wrongful death action brought by the estate alleging that the cities' emergency personnel failed to timely arrive and provide first aid to decedent, who died from gunshot injuries. The trial court correctly found that the estate's ante litem notices did not comply with the statutory requirements because they sought an indefinite amount "not less than" $1 million. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A22A0739, Categories: civil Procedure, negligence, wrongful Death