72 results for 'cat:"Evidence" AND cat:"Tort"'.
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
Per curiam, the appellate division finds that the lower court improperly denied the flooring subcontractor's motion for a property inspection in a trip and fall suit alleging a woman tripped over a vent hole in the carpet. The contractor is entitled to inspect the site of the incident giving rise to the woman's serious injuries, even if the vent cover has already been replaced. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02251, Categories: evidence, tort
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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. Matsumo rules on a series of motions in limine in a personal injury product liability lawsuit against BMW, who was sued by a driver who says his right thumb was partially amputated when his 2013 BMW X5’s Soft Close Automatic door technology suddenly activated. The litigant is allowed to produce photographs of his injury as well as evidence related to a prior recall issued by BMW regarding the door closing tech, while BMW can present evidence to bolster its argument that external factors caused his injuries, but may not present evidence showing the vehicle manufacturer’s compliance with federal safety regulations, finding the information irrelevant.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 8, 2024, Case #: 2:17cv209, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: evidence, tort, Product Liability
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
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. Kyzar finds that defendant was properly convicted of first degree rape of his wife's grandson. Defendant's motion to suppress a confession made during the investigation after his arrest was correctly denied since there was no evidence of any "coercive conduct leading to the confession." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: KA-23-524, Categories: evidence, tort
J. Pirtle finds the workers compensation court properly awarded the employee temporary total disability following a slip and fall on ice in the auto sales company's parking lot. Though the court awarded her temporary total disability benefits and ordered the company to pay medical expenses, mileage and pharmacy expenses, the employee contends she is due permanent disability benefits. The employee has failed to provide evidence of permanent medical impairment or permanent restrictions to the body as a whole. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 19, 2024, Case #: A-23-548, Categories: evidence, tort, Workers' Compensation
Per curiam, the circuit finds the district court properly granted the merchant vessel owners' motion for summary judgment. The retired mariner, after contracting lung cancer, sued the owner of every vessel he had worked on during his nearly 50-year career on allegations he was exposed to asbestos. The mariner died at the age of 92, with his estate taking over the lawsuit. The estate shows no evidence of asbestos exposure, while its expert reports on causation were properly excluded. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 7, 2024, Case #: 23-30460, Categories: evidence, tort, Asbestos
J. Doughty denies summary judgment to three natural gas pipeline companies on their argument they are statutory employers under Louisiana law and, therefore, immune from a Texas-based contract worker’s personal injuries claims arising from his fall from a catwalk collapse. She did not have personal or corporate knowledge of the trio’s legal relationship and control of the injured worker at the time of her testimony. Therefore, her testimony will not be considered. The pipeline companies are unable to prove they are statutory employers barred from the worker’s suit under Louisiana law.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: March 5, 2024, Case #: 3:23cv328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, evidence, tort
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
J. Johnson finds that the jury properly determined that a driver did not sustain injuries in a car collision. The driver presented conflicting testimony about her injuries, gave inaccurate statements to her doctor, and did not disclose a myriad of pre-existing health issues. Further, evidence of the driver's recreational drug use was properly admitted to show that the cause of her high blood pressure was because she ingested an ecstasy pill and was not from injuries sustained in the car collision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: February 29, 2024, Case #: 2023-CA-0479, Categories: evidence, tort
J. Boyd finds that the court of appeals improperly ruled in favor of the heirs of a driver who was killed when he failed to yield to an oncoming Union Pacific train. A “prudent driver” would have followed posted traffic signs as well as yielded to an oncoming train. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0431, Categories: evidence, tort, Premises Liability
J. Gillmor rules on several motions in limine in a wrongful death case where a mother and her infant child were killed when their home’s water heater exploded. For example, the water heater manufacturers’ request to split the trial between liability and damages is granted, as evidence toward each is not reliant on the other and bifurcation would expedite the proceedings. Evidence about the possible ignition and status of power in the neighborhood may be presented. An explosions expert’s testimony is not precluded, but his current computer animations of the explosion are excluded because they do not reflect the water heater, and the closet it was in, as they were on the day of the incident.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 21, 2024, Case #: 1:21cv254, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: evidence, tort, Product Liability
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the wealth management firm in a lawsuit over a car collision its employee caused with the citizen while heading to a business meeting in the course of running errands at least partially related to her job. Because the record is unclear as to whether the employee's errands, which included trips to buy packing supplies and wine and cheese, and a stop at McDonald's for lunch, were related to her employment, the firm is not entitled to judgment as a matter of law. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-0750, Categories: evidence, tort, Vehicle
J. Windhorst finds that the trial court properly dismissed a patron's slip and fall claim against a store. The patron did not show that he properly e-filed his petition within the prescriptive period. The email that the patron admitted to establish the filing does not reference a specific case or the type of pleading. Further, there is no evidence from the clerk of court showing any record of an e-filing or attempted e-filing regarding this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: January 31, 2024, Case #: 23-CA-189, Categories: Civil Procedure, evidence, tort
J. Papillion grants a request by a Louisiana corporate owner of a dock and barge on the Ohio River in Kentucky to dismiss for lack of jurisdiction claims by a marine transportation company that it is responsible for injuries sustained by its deckhand who slipped and fell into the water. The contacts of the Louisiana corporation’s subsidiaries cannot be imputed to it for purposes of jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: January 16, 2024, Case #: 2:22cv3835, NOS: Marine - Contract, Categories: Admiralty, evidence, tort
J. Vance finds for BP on an oil spill cleanup worker's claims following the deadly explosion and sinking of the Deepwater Horizon in the Gulf of Mexico in 2010. The worker fails to show the discovery he seeks will be important to develop the expert causation evidence required to help him demonstrate the chemical dispersant COREXIT can cause allergic rhinitis or chronic sinusitis in the general population. Since he cannot prove a necessary element of his claims against the oil giant, his claims must be dismissed.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: January 4, 2024, Case #: 2:22cv1043, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, evidence, tort
J. Pfeiffer finds that the lower court improperly granted a new trial following entry of a "no fault" jury verdict on a woman's personal injury claim. It was only after the court recorded the jury's verdict that it decided a statement made by plaintiff's counsel left the jury with the impression that she was keeping evidence from the jury. This ruling is against the logic of the circumstances. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: December 26, 2023, Case #: WD85971, Categories: evidence, tort