10 results for 'cat:"Evidence" AND cat:"Tort" AND cat:"Negligence"'.
J. Wicker finds that the trial court properly dismissed a plaintiff's driver's claim against the defendant driver in a three car collision. In this case, the defendant driver testified that he was hit from behind by a third driver and that the impact caused his car to hit the plaintiff driver's car. The police report indicated minimum damage to the front of the defendant driver's car, supporting that he was pushed into plaintiff's car, and the photographic evidence shows a strong impact between the third driver's car and the defendant driver's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 1, 2024, Case #: 23-CA-489, Categories: evidence, tort, negligence
J. Gruber finds the circuit court properly found for the homeowners on an invitee's allegations the lack of a railing on the home's second floor balcony caused him to fall from the balcony, sustaining injuries. The invitee knew of the dangerous condition that caused his injury, and no evidence shown brings into question any material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: April 3, 2024, Case #: CV-22-202, Categories: evidence, tort, negligence
Per curiam, the Fifth Circuit finds the trial court properly granted summary judgment to the portable toilet rental company in this negligence suit alleging that toilet placement caused a patron to fall and injure himself. The toilet was in place due to freezing weather causing interior toilets at the truck and rest stop to be inoperable. The small curb on which the patron tripped, at least a foot away from the toilet, shows that it did not present a great likelihood and magnitude of harm. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-30313, Categories: evidence, tort, negligence
J. Sharer concurs with the trial court’s finding in favor of the neighbor of a dog owner after the dog bit the neighbor, and the dog owner will not be granted a new trial. This is because the dog was “at large” or loose outside on property that the dog owner and neighbor shared, and because the neighbor did not provoke the dog in any way. The dog owner is liable for the dog’s behavior when it is not leashed, and the neighbor was awarded over $130,000 for medical treatment and other damages. Although the owner believes the award is shocking and unreasonable, the court disagrees and there is no need for a new trial. Affirmed.
Court: The Appellate Court of Maryland, Judge: Sharer, Filed On: September 27, 2023, Case #: 24-C-21-000655, Categories: evidence, tort, negligence
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of United Airlines in this personal injury suit. The airline passenger, travelling from Houston to San Francisco, claims that he suffered injuries when his wheelchair collided with a wall during the boarding process. Though a witness says that she saw a United employee push the passenger into the wall, the statement was untimely and properly disregarded. The passenger has failed to offer other evidence that his injury occurred in relation to any conduct by United. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 11, 2023, Case #: 23-20017, Categories: evidence, tort, negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Coleman finds the lower court improperly reversed the decision of a trial court. A police officer responding to an emergency call for a rollover collision was involved in a crash at an intersection. The driver of the vehicle that was struck filed suit on behalf of herself and her minor child who were both injured in the collision. The lower court found that the officer had acted with reckless disregard, but the trial court found that he did not; the instant court sides with the trial court, finding that sufficient evidence was presented to support its decision. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: August 3, 2023, Case #: 2021-CT-00639-SCT, Categories: evidence, tort, negligence
J. Partida-Kipness finds that the lower court improperly granted summary judgment against the appellant on his Dram Shop claim, which stems from a car collision. The evidence sufficiently raised an issue of fact as to whether a driver was "obviously intoxicated" when he was served alcohol at the defendant restaurant. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 5, 2023, Case #: 05-21-00988-CV, Categories: evidence, tort, negligence
J. Arterburn finds the trial court properly granted summary judgment to Target in this slip-and-fall suit. The injured party testified to slipping and falling on the sidewalk outside Target after walking across purple “ice melt,” injuring her knee. She wasn’t sure whether or not there was ice where she slipped and a Target employee testified to possibly having already treated the area with ice melt. No evidence was shown that Target had actual or constructive notice of the potential non-visible ice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 6, 2023, Case #: A-22-805, Categories: evidence, tort, negligence
J. Arterburn finds the district court properly granted summary judgment to the restaurant named in this negligence suit arising from a trip and fall on a sidewalk outside the business, resulting in a broken hip. The injured party failed to meet her burden to prove that a dangerous condition on the sidewalk was the proximate cause of her fall and injuries. No evidence was shown by which a reasonable jury could infer the existence of the alleged dangerous condition. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 16, 2023, Case #: A-22-683, Categories: evidence, tort, negligence