90 results for 'cat:"Negligence" AND cat:"Experts"'.
J. Gremillion finds that the trial court improperly found that the Calcasieu Parish Police Jury (CPPJ) was not at fault for a tree falling on a truck and killing the passenger. Dr. Frederick Fellner, an urban forester, submitted an affidavit and deposition that raises a genuine issue of material fact as to whether the CPPJ should have identified the tree as a hazard to the motoring public and thus taken remedial action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CA-23-579, Categories: negligence, experts, Wrongful Death
J. Soto finds a lower court partially erred in granting summary judgment to a geotechnical engineer who was retained by a preservation group as part of a separate lawsuit over workmanship on a road. That preservation group than sued the engineer, arguing he had failed to adequately inspect the road as part of a settlement agreement. While the preservation group’s claims mostly fail because there are genuine questions over the engineer’s agreement to participate in the settlement agreement, the preservation group can still proceed with a negligence claim over “the professional engineering services that he did agree to provide.” Affirmed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 30, 2024, Case #: 08-23-00205-CV, Categories: Settlements, negligence, experts
J. Smith finds that the trial court properly ruled against a doctor's motion to dismiss a negligence case filed against her by the mother of a child who committed suicide a day after being discharged from the doctor's care. On appeal, the doctor argues that she is entitled to dismissal of the case because the mother's expert report "lacks any evidence" to show that the care she provided was negligent and subsequently led to the suicide. The expert report provides a sufficient summary of the facts and establishes a line of causation from the doctor's care to the suicide. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 03-22-00177-CV, Categories: negligence, experts, Medical Malpractice
J. Goodman finds the lower court properly denied an anesthesiologist's motion to dismiss for failure to comply with the expert report requirements of the Texas Medical Liability Act. A mother sued the anesthesiologist, alleging negligence after administering an epidural during the birth of her son, resulting in a permanent brain injury to the child. But the mother failed to serve an amended expert report by the 30-day deadline, so the anesthesiologist entered a motion to dismiss. The lower court denied the motion, and the anesthesiologist argues it should have been granted because the lower court errantly granted the mother an extension, implying a deficiency in the expert report. The instant court agrees the extension was erroneously granted, but alone does not indicate an issue with the report, and on review finds the causation opinion in the original report to be adequate, and the expert qualified. Affirmed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: April 25, 2024, Case #: 01-23-00817-CV, Categories: negligence, experts, Medical Malpractice
J. Hendrickson finds the lower court properly granted the pesticide application company's motion for summary judgment on the vineyard's negligence claim. The weather conditions at the time of the pesticide application on a neighboring farm exceed the scope of a juror's knowledge and required expert testimony on the part of the vineyard. However, because the vineyard presented expert testimony that conflicted with the pesticide company's testimony about breaches of application labels, a genuine issue of fact prevented judgment on its negligence per se claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: April 22, 2024, Case #: 2024-Ohio-15323, Categories: Property, negligence, experts
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. Rivas Molloy finds the lower court properly denied a doctor’s motion to dismiss in this matter of alleged healthcare liability. After the doctor performed breast reconstruction surgery, a patient experienced blisters and skin infections that required surgical removal of foreign bodies from the breasts, wound care, and antibiotics. The doctor argues that the patient’s expert did not provide a sufficient statement, therefore the matter should be dismissed, but the instant court finds the expert’s statement sufficient as it clarifies the patient should have never been a candidate for the procedure due to her history of difficulty and complications healing. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas Molloy, Filed On: April 16, 2024, Case #: 01-23-00602-CV , Categories: Health Care, negligence, experts
J. Brody finds the trial court properly excluded expert testimony from a trip-and-fall trial because the individual missed the disclosure deadline. Future non-economic damages were excluded from jury consideration because the individual repeatedly testified that her memory loss may have been due to old age. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: April 10, 2024, Case #: 49916, Categories: Damages, negligence, experts
J. Arterburn finds the trial court improperly granted summary judgment to a hospital on medical malpractice claims filed by a widow and estate administrator after her husband died following an emergency room visit. The husband died at home from coronary artery disease after the emergency room doctor diagnosed and treated him for a head injury incurred at work. The court improperly denied the wife's motion to compel and granted the hospital’s motion for a protective order. Though the court correctly received the doctor's affidavit, it improperly declined to receive the wife's expert's affidavit stating the hospital violated standards of care involving the husband's history of heart disease. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-339, Categories: negligence, experts, Medical Malpractice
J. Kennedy finds that the lower court improperly found for the restaurant on a man's negligence claim alleging it failed to provide adequate protective barrier to prevent cars from crashing into the restaurant. The man was injured when another patron drove her car into a parking space and continued through the wall into the restaurant. This kind of vehicle crash was reasonably foreseeable and a jury would not need an expert to explain that providing parking elsewhere besides directly in front of the restaurant would have avoided the accident. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: April 9, 2024, Case #: 230026, Categories: Vehicle, negligence, experts
J. Wiley finds that the trial court properly granted summary judgment to a hotel on a guest's negligence claim for cuts caused when a handheld shower wand broke. The guest failed to establish that the hotel was on notice that the shower wand was broken, and her expert's declaration had speculative conclusions that lacked foundation. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: April 3, 2024, Case #: B320603, Categories: negligence, experts, Premises Liability
J. Peterson partially grants motions to exclude expert testimony from the Wisconsin-based corn products exporter and the Switzerland-based agrichemical company in the exporter's lawsuit claiming the company negligently approved the sale of a genetically modified corn seed in the United States before China began rejecting products containing a trait in the seed, causing the exporter to sustain $18 million in damages. In part, the exporter's motion is granted such that one of the company's experts is barred from testifying about the economic benefits of the seed or other genetically modified corn and another is barred from testifying about whether China is a key market for corn products. Similarly, the company's motion is partially granted such that the exporter's expert can testify about whether the company's conduct caused the exporter's damages and a ruling is reserved as to whether another can testify about whether the exporter's mitigation steps were "speculative or unreasonable."
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 29, 2024, Case #: 3:23cv321, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, negligence, experts
J. Dishman partially grants the defendant refrigerator manufacturer's motion to exclude certain expert testimony in this lawsuit stemming from a fire that allegedly began in a recreational vehicle. The owners of the RV contend that the fire was caused by a defective refrigerator, which was inside the RV, and the court finds that their expert's opinions are "generally relevant and helpful." However, certain parts of his report, specifically including his "opinions concerning the safety remedy provided as part of the recalls" and whether the National Highway Traffic Safety Administration approved, are neither relevant nor reliable.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: negligence, Product Liability, experts
J. Contreras finds that the lower court improperly granted summary judgment to the defendant store in this premises liability lawsuit alleging that a shopper was injured when she "slipped and fell on some water." The lower court erred in excluding certain expert testimony, specifically regarding the store's maintenance of the roof and its efforts to "contain the leak." Additionally, there are fact issues remaining for the jury. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 21, 2024, Case #: 13-23-00205-CV, Categories: Evidence, negligence, experts
J. Nowell finds that the lower court properly granted the appellee telephone company's motion for summary judgment in this negligence lawsuit alleging that an individual was injured while leaning against a chain-link fence that had become energized. The complaint contends that an employee was working on the nearby lines, and his negligence created the hazardous condition. However, the injured plaintiff failed to provide any expert testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 11, 2024, Case #: 05-23-00004-CV, Categories: Communications, negligence, experts
J. Cain grants summary judgment to the owner of a casino and hotel, and against an elevator passenger whose negligence suit alleges the five-floor lift malfunctioned, triggering a series of abrupt, nonviolent drops, stops and starts. Based on an elevator expert's testimony, there is no inference of negligence or breach of duty by the casino.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: February 27, 2024, Case #: 2:22cv174, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, negligence, experts
J. Cadish finds the county court properly ruled in favor of the surgeon in this medical malpractice suit. The patient sustained a femoral nerve injury during a hip replacement and filed this suit alleging negligence and lack of informed consent. Though the patient says that certain expert testimony containing legal fallacies should not have been allowed, a doctor stating the surgery was properly completed, and the injury happened incidentally is not a legal fallacy. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 23, 2024, Case #: 85163, Categories: negligence, experts, Medical Malpractice
J. Molaison finds that the trial court should not have denied an animal hospital's motion for summary judgment on a dog owner's claim that the dog was misdiagnosed. In this case, the dog owner's expert did not meet the statutory criteria because she did not graduate from an accredited school of veterinary medicine, was not licensed to practice veterinary medicine, and was not practicing veterinary medicine. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: January 31, 2024, Case #: 23-C-510, Categories: negligence, experts, Medical Malpractice
J. Soto finds a lower court ruled correctly in denying an engineering company’s motion to dismiss after it was sued following a pipeline explosion by an oil company, which argued the engineering company had done “deficient surveying work” prior to laying a new pipeline. The engineering company argued the oil company did not obtain a valid certificate of merit prior to suing because the certificate came from an engineer rather than a surveyor, but in fact the oil company’s claims concerned allegedly negligent “professional engineering services, not professional land surveying services.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 26, 2024, Case #: 08-23-00029-CV, Categories: Civil Procedure, negligence, experts
J. Bourliot finds that the trial court properly denied the healthcare parties' motion to dismiss a patient's medical malpractice suit over an alleged unnecessary surgery by a podiatrist to address her bunion. The patient's amended expert report was sufficient to meet statutory requirements as to applicable standards of care, the doctor's alleged breaches and the cause of the patient's injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: January 25, 2024, Case #: 14-22-00874-CV, Categories: negligence, experts, Medical Malpractice
J. Worthen finds the trial court properly denied the nursing home's motion to dismiss the liability suit. The patient's granddaughter filed suit after the patient developed pressure wounds, sustained a fracture and contracted urinary tract infections. The trial court properly overruled the nursing home's objection to the granddaughter's expert's report asserting the home provided substandard care. The expert is not required to be certified in elder care. In a case not involving an individual health care provider, the expert need only have knowledge of accepted standards and experience regarding a breach of standards. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 24, 2024, Case #: 12-23-00225-CV, Categories: Health Care, negligence, experts