14 results for 'cat:"Civil Procedure" AND cat:"Tort" AND cat:"Negligence"'.
J. Miskel finds that the lower court properly denied the appellant company's dismissal motion in this personal injury lawsuit stemming from an industrial accident, in which the appellee was allegedly injured while performing repair work at a recycling plant. The company sought dismissal based on a failure to file a certificate of merit pursuant to chapter 150, but the lower court did not abuse its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 13, 2024, Case #: 05-23-00219-CV, Categories: civil Procedure, tort, negligence
J. Henderson certifies a question to the court of appeals concerning a case in which the metro transit authority argues a person who suffered a fatal fall from a train platform was a trespasser, not a passenger, when he fell over the retaining ledge and, therefore, it was not required to render aid. The question of the decedent's status and, thus, the transit authority's duty of care, has no controlling precedent from the D.C. Court of Appeals.
Court: DC Circuit, Judge: Henderson, Filed On: December 29, 2023, Case #: 22-7154 , Categories: civil Procedure, tort, negligence
Per curiam, the court of civil appeals finds that the lower court improperly dismissed the appellant's personal injury lawsuit against the City of Birmingham, allegedly stemming from a fall on a city sidewalk. The court notes that the city attorney acknowledged receipt of the injured pedestrian's affidavit-of-claim form, which was mailed to "the address supplied by the City." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 8, 2023, Case #: CL-2023-0392, Categories: civil Procedure, tort, negligence
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