73 results for 'cat:"Evidence" AND cat:"Vehicle"'.
J. Pickett finds that the trial court properly found the truck driver and his employer at fault for the injuries the wife sustained in a car collision. The truck driver, his employer and their insurance company argue that the trial court erred when it did not allow impeachment evidence in the form of a private investigator's video of the wife sitting in a car for 50 minutes, which they say would negate the wife's testimony that she could not sit for more than 30 minutes. However, the private investigator recorded the video during the trial and after the parties agreed to end discovery, so admitting such evidence would cause an undue delay. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: May 22, 2024, Case #: CA-23-301, Categories: evidence, vehicle, Discovery
J. Wilkin finds the lower court properly granted summary judgment to the driver of the vehicle involved in the collision. The pedestrian struck by the car could not remember anything about the accident, which prevented him from creating an issue of fact regarding his movement at the time he was struck. Therefore, the driver's testimony about the pedestrian's movement across the road immediately before he was struck established he did not violate the "assured clear distance ahead" statute under Ohio law. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 22, 2024, Case #: 2024-Ohio-2061, Categories: evidence, vehicle, Negligence
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J. McClarty finds the trial court improperly denied Ford’s motion for relief of the summary judgment orders in this product liability case brought by a wife after her husband died and child was injured in a car collision. She alleges Ford failed to warn that a seat belt extender used for her child was only intended for a Ford vehicle and not the Nissan Juke. The trial court’s decision is remanded for future proceedings since Ford did not have a legal duty to warn about misuse of the product. Reversed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 20, 2024, Case #: E2023-00889-COA-R9-CV, Categories: evidence, vehicle, Product Liability
J. Seeley finds the trial court improperly granted summary judgment in favor of a driver that caused a motor vehicle collision resulting in injuries to another motorist. The at-fault driver did not meet the burden of establishing the absence of a genuine issue of material fact. Therefore, this case is remanded for further proceedings. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: May 16, 2024, Case #: AC46193, Categories: evidence, vehicle, Negligence
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle and related charges. Officers testified to a pursuit involving a vehicle with no license plates that reached speeds of more than 100 mph and included sudden turns, as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: evidence, Escape, vehicle
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: Administrative Law, evidence, vehicle
J. Miller finds the trial court properly convicted defendant of criminal mischief following a non-jury trial over a road rage incident. Defendant's challenges to the sufficiency of the evidence supporting his conviction fail, as the record shows defendant intentionally swung a golf club at another motorist's car three times after the motorist retreated. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 8, 2024, Case #: 22-2140, Categories: evidence, vehicle
J. Kellum finds that the lower court properly convicted defendant for manslaughter after he allegedly struck the victim with a car. Defendant has not shown that he is entitled to relief in connection with his requested jury instruction. Also, there was no abuse of discretion in the lower court’s handling of an unsolicited statement defendant made to a police officer during transport. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0611, Categories: evidence, Manslaughter, vehicle
J. Vance grants the unopposed request for summary judgment to a Toyota manufacturer and a sales company, dismissing product liability claims by the driver of a 2014 Lexus ES350 who alleges injuries from the car’s airbag failure to deploy when he crashed into a guard rail. The Toyota companies presented certified medical records taken at the hospital where the litigant was treated after the accident, in which the treating physician stated that he reportedly “drank a significant amount of alcohol and then crashed his car on purpose [in] an attempt to end his life secondary to depression and suicidal thoughts after a break-up 5 months ago.” Furthermore, the litigant has failed to present evidence sufficient to establish the essential elements of his defective airbag claims.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 1, 2024, Case #: 2:22cv4607, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: evidence, vehicle, Product Liability
J. Arterburn finds the trial court properly convicted defendant for operating a motor vehicle during revocation. Though defendant was observed in the driver's seat before the traffic stop, upon making contact officers found him lying down between seats, with a woman driving. Though defendant argues the woman's testimony was consistent with his claim he was never driving, jurors found the officers' testimony more credible, and credibility findings will not be reviewed. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-435, Categories: evidence, Sentencing, vehicle
J. Tabor finds that defendant was properly convicted of driving while barred after a police officer familiar with defendant confirmed that he had observed defendant driving without a license upon checking the computer system in the police vehicle. Defendant contends the certified abstract indicated he had zero "unserved sanctions," but the ambiguous notation had been rejected by the jury in light of "more certain" evidence that defendant's license had been barred. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0811, Categories: evidence, vehicle
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: evidence, vehicle
J. Dysart vacates the restitution judgment related to defendant's simple criminal damage to property conviction for damaging a vehicle. In this case, there was no evidence reflecting the value of the vehicle. The vehicle was an uninsured 2008 Mercedes Benz C Class vehicle which had over 200,000 miles on it and was inoperable at the time defendant damaged the exterior. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-KA-0711, Categories: evidence, vehicle, Property Crimes
J. Budd supports the denial of the defendant’s motion to suppress analysis of his blood samples. His consent is not needed where he is being charged for operating under the influence resulting in serious bodily injury and death rather than simple operating under the influence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: April 1, 2024, Case #: SJC-13384, Categories: evidence, Dui, vehicle
Per curiam, the Supreme Judicial Court of Massachusetts reverses the suppression of the defendant’s blood sample analysis. The consent requirement governing blood sample analysis in a charge of simple operating under the influence case does not apply to a charge for operating under the influence in a way which causes serious bodily injury. Reversed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: April 1, 2024, Case #: SJC-13458, Categories: evidence, Dui, vehicle
J. Horton finds the trial court properly entered a take-nothing judgment in a car collision case. The driver and passenger who were rear-ended say the court improperly imposed a "death penalty" sanction, excluding deposition testimony of their surgeon for their attorney’s failure to comply with the evidence scheduling order. The driver and passenger have not attached any part of the doctor's testimony to their motion for new trial, and the trial court properly enforced its scheduling order. The injured party was given the opportunity to develop a record sufficient to show no other evidence could tie the driver's surgery to the collision. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 28, 2024, Case #: 09-22-00001-CV, Categories: evidence, Sanctions, vehicle
J. Klappenbach finds the trial court properly convicted defendant for negligent homicide. The victim motorcyclist was killed when he entered the turn lane and defendant, who was travelling in the opposite direction, veered his truck into the lane, striking the victim. Witness accounts and the condition of the defendant's and the victim's vehicles are sufficient to support the conviction. Defendant's above-limit blood-alcohol level test result was properly admitted. Use of an isopropyl alcohol pad on defendant's arm before his blood was drawn would not invalidate the test. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 27, 2024, Case #: CR-23-489, Categories: evidence, vehicle, Negligent Homicide
J. McFarland denies both parties' motion for summary judgment on the contract claim brought by the car dealership, ruling that while its lease agreement with the cab company allowed it to demand the full amounts of loans following a single missed payment, the cab company's obligations under the agreement may have been waived if the dealership charged it for the lease of vehicles that were never actually leased; therefore, there is a question of fact that must be submitted to a jury.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 19, 2024, Case #: 1:21cv386, NOS: Other Contract - Contract, Categories: evidence, vehicle, Contract
J. Cobbs finds that the lower court improperly found defendant guilty of possession of a stolen motor vehicle. The evidence presented at trial is "so unsatisfactory" that it creates reasonable doubt of defendant's guilty. Reversed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: March 19, 2024, Case #: 221875, Categories: evidence, vehicle
J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, vehicle, Wrongful Death
J. Horton finds the trial court improperly convicted defendant for vehicular manslaughter. Defendant struck a can collector who had stepped behind a stopped garbage truck. It is undisputed that the truck had been stopped for 5 seconds and that the sun was setting behind the truck, causing its yellow warning lights to blend with the color of the sunset. Defendant, travelling at 3 mph above the 50-mph posted speed, was not operating the vehicle recklessly, and evidence presented did prove beyond a reasonable doubt that she diverted her attention from the road for a full 15 seconds. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 6, 2024, Case #: 09-22-00028-CR, Categories: evidence, Manslaughter, vehicle
J. Gannam finds the trial court erred when it held the case was time-barred and granted summary judgment to the insurer for this underinsured motorist lawsuit. The driver argues that the case was not barred because she sued less than two years after the settlement was approved with the tortfeasor’s liability carrier. Therefore, this case is remanded as the suit was within the five-year statute of limitations. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: March 1, 2024, Case #: 6D23-399, Categories: evidence, Insurance, vehicle
J. Schlegel vacates defendant's conviction for illegal possession of a stolen thing valued at $25,000 or more. In this case, the state concedes that it did not prove the value of the stolen vehicle was $25,000 or more. However, the evidence supports a lesser and included responsive verdict of illegal possession of a stolen thing less than $1,000 because there was video evidence showing defendant driving the stolen vehicle over 80 miles per hour, which demonstrates that the vehicle had some value. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 28, 2024, Case #: 23-KA-273, Categories: evidence, Theft, vehicle
J. DeGravelles grants summary judgment to the insurer of the lessee of an oilfield service company’s truck and against the insurer of the vehicle’s owner. Both insurance companies are providers of co-primary underinsured motorist coverage in the accidental injury case of the truck’s driver, who was struck by another motorist. Although the insurer of the truck’s owner argues there cannot be co-primary policies because Louisiana law provides for one primary and one excess policy to provide uninsured motorist coverage, this incorrectly states the law.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 23, 2024, Case #: 3:22cv123, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, Insurance, vehicle