6 results for 'cat:"Evidence" AND cat:"Tort" AND cat:"Damages"'.
J. Thompson finds that the jury properly awarded $3 million in exemplary damages to a driver after she was injured in a collision with the dislodged wheel from a drunk driver's car. In this case, the drunk driver's blood alcohol content was four times the legal limit, and the record shows that he repeatedly failed to disclose the truth of his consumption of alcohol that day and often changed his story to his family and coworkers regarding the circumstances surrounding the accident. Also, the record shows that the drunk driver's conduct of driving while intoxicated was not an isolated incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: April 10, 2024, Case #: 55,599-CA, Categories: evidence, tort, damages
J. Dick denies summary judgment to a Baton Rouge casino hotel, declining to dismiss a Texas gambler’s negligence claims related to a piece of wire she allegedly consumed at the gaming hall. A factual dispute remains concerning where and when the guest ingested the wire, while her limited food intake and the timing of her abdominal pain are enough to present a factual issue as to the casino hotel’s breach of duty.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:22cv304, NOS: Insurance - Contract, Categories: evidence, tort, damages
J. Doss finds that the lower court properly awarded physical impairment damages in this lawsuit involving a car accident. Contrary to the appellant's argument, the evidence sufficiently supports the award, and the jury had "great discretion for how to allocate damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00114-CV, Categories: evidence, tort, damages
J. Summerhays grants a request by an insurance company for a truck driver and his employer, conditionally reducing a jury award of $2.9 million to a motorist seriously injured in an accident. The jury’s award of $500,000 for future medical expenses is not supported by evidence and, therefore, is reduced to $291,000. However, the litigant has the right to reject the reduction and elect to submit to a new trial on the future medical expenses portion of the case.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 1, 2024, Case #: 6:19cv56, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, tort, damages
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J. Mendheim finds that the lower court improperly allowed the exclusion of evidence in a motor vehicle accident case where a driver was not required to disclose his medical treatment from previous car accidents, making it hard to determine which medical injuries derived from which accident when seeking damages. Reversed.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: September 1, 2023, Case #: SC20220937, Categories: evidence, tort, damages