2,036 results for 'cat:"Negligence"'.
J. Gruber finds the county court properly granted the business owner's motion for summary judgment. The owner asserted that he did not own the accident-involved vehicle but had sold it to the driver through his auto salvage business on an installment agreement, with the state having issued the title to the driver. Though the driver was previously employed by the owner, at the time of the accident he was no longer employed, and the owner had no duty to confirm that he was licensed or insured. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 8, 2024, Case #: CV-23-258, Categories: Vehicle, negligence
J. Lee finds that the lower court properly ruled in favor of a couple who was sued by their neighbors over tree branches that allegedly fell on their home and damaged it. There is no evidence of any notice that the tree in question was damaged or posed a danger, leaving all nuisance and negligence claims barred. Affirmed.
Court: Washington Court Of Appeals, Judge: Lee, Filed On: May 7, 2024, Case #: 58179-5-II, Categories: Property, negligence
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J. White finds the circuit court improperly entered a judgment in the widow's favor after a jury's verdict finding Pabst liable for $6,986,906 in damages stemming from the widow's husband's death from mesothelioma he contracted from asbestos he encountered working as a pipefitter at Pabst and other locations. In her cross-appeal, the widow correctly argues that the circuit court improperly applied the punitive damages statute such that only Pabst's portion of compensatory damages was doubled, not the total amount of compensatory damages she was awarded. All of Pabst's arguments against the judgment and verdict fail, including those challenging the sufficiency of the evidence and the jury instructions. The case is remanded for the circuit court to enter a new judgment against Pabst totaling $13,419,295. Affirmed in part.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: May 7, 2024, Case #: 2022AP000723, Categories: Damages, negligence, Asbestos
J. Davis grants the contracted hauling company's motion to dismiss. The logistics company hired the hauling company to deliver batteries overland from Virginia to a Canadian buyer. The hauling company then contracted a warehouse to store the batteries temporarily. The batteries suffered physical and wetness damage due to the collapse of the warehouse's outer wall and the water discharged from a burst pipe. The Interstate Commerce Commission Termination Act preempts the state negligent hiring claim because the state is barred from enacting or enforcing laws related to the price, route, or service of any motor carrier.
Court: USDC Eastern District of Virginia, Judge: Davis, Filed On: May 7, 2024, Case #: 4:23cv153, NOS: Other Contract - Contract, Categories: Transportation, negligence, Contract
J. Lobrano finds that the city court properly awarded damages to a shopper who suffered a slip and fall in a market. The market had constructive notice of the green pepper that the shopper slipped on because the video evidence shows that the pepper fell from another shopper’s basket and remained on the floor for over 15 minutes. The video also shows an employee looking at her smart watch and not being busy with customers directly before the fall happened. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 7, 2024, Case #: 2023-CA-0587, Categories: Evidence, negligence
J. Segal partially affirms the defendant's convictions of two counts of fifth-degree controlled-substance crime. The Minnesota Good Samaritan overdose medical assistance act provides immunity from prosecution for certain such crimes when a person "acting in good faith... seeks medical assistance" for someone suffering a drug-related overdose. The statute offers immunity, rather than an affirmative defense, but the "good faith" requirement for immunity applies only to seeking medical assistance, rather than the other criteria set out in the statute.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: May 6, 2024, Case #: A23-0685, Categories: Drug Offender, Criminal negligence
J. Byrne finds the lower court properly applied the "primary-assumption-of-risk" doctrine and granted the motions for summary judgment filed by the daycare and swimming pool. the risk of drowning at the pool was voluntarily assumed by the child and his parents when he swam during a trip with his daycare class. Although the daycare did not communicate its "swimmers" and "non-swimmers" wristband policy to lifeguards when its children arrived at the pool, this did nothing to increase the risk of drowning, especially considering the lifeguards could not see the child's wristband and he was in the proper, shallow end of the pool when he went underwater. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: May 6, 2024, Case #: 2024-Ohio-1726, Categories: Evidence, negligence
J. Gillmor denies summary judgment to the government in a negligence claim for a fatal helicopter crash. Questions of material fact as to the cause of the crash, and whether the Federal Aviation Administration properly oversaw a helicopter company, remain. The government concedes that it did not perform check of the pilot of the helicopter or owner of the helicopter but there is not enough on the record to determine if the government was a substantial factor in the crash.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 6, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: negligence, Wrongful Death, Aviation
J. Ray denies the employer's motion to exclude an independent medical examiner and a vocational evaluator as experts in a negligence action brought by the individual arising from injuries he suffered in a vehicle collision with the employee. Although the individual failed to properly disclose the evaluator and examiner, the error was harmless. The employer's motions to exclude the testimony of a collision investigation expert and to exclude or limit the testimony of a financial loss expert are also denied. The individual's motions to exclude the testimony of the employer's damages expert and biomechanics expert are denied. The damages expert's testimony is relevant and helpful.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: May 6, 2024, Case #: 4:22cv62, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence, Experts
J. Zahra finds that a township did not violate plaintiffs' fourth amendment rights by taking aerial photographs and video of their property with an unmanned drone because the aerial surveillance was not sufficiently intrusive to constitute an illegal search. Affirmed.
Court: Michigan Supreme Court, Judge: Zahra, Filed On: May 3, 2024, Case #: 164948, Categories: Property, negligence
[Consolidated.] J. McNeill finds that the lower court properly reduced a $250,000 award for loss of earning capacity caused by an injury plaintiff sustained while interning for Western Kentucky University because plaintiff was only due the amount that remained following discharge of medical bills. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: May 3, 2024, Case #: 2023-CA-0521-MR, Categories: Employment, Damages, negligence
J. May finds that the lower court properly held that the city was immune from negligent hiring claims contending an unqualified employee's inspection of a privately owned building precipitated a lawsuit after a woman fell down a set of stairs because the woman failed to prove city misconduct. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: May 3, 2024, Case #: 23-0917, Categories: Property, Immunity, negligence
J. Sellers finds the lower court properly granted an assistant district attorney's motion to dismiss claims of prosecutorial misconduct by an inmate who received a mistrial on a conviction of sexually assaulting a child but was convicted after a retrial. The relevant statute does not allow a prisoner to "use a rule of civil procedure to collaterally attack a criminal judgment." Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: May 3, 2024, Case #: SC-2023-0945, Categories: negligence, Due Process, Jurisdiction
J. Hill finds a lower court improperly granted summary judgment to Bass Pro on a consumer's product defect claims concerning the purchase of a Beretta APX 9mm pistol for self- protection, which was stored under the driver's seat of his vehicle with a user manual. Bass Pro argued that is was not liable when the consumer misused the firearm in close proximity to his football teammate, after boasting that he could disassemble the weapon in "2.2 seconds," which resulted in an accidental gun shot that left the teammate with a leg amputation. However, the consumer sufficiently showed that he did not commit a "volitional" act based on his belief that the weapon would not fire when he removed the magazine to disarm it. Reversed.
Court: Kansas Courts Of Appeal, Judge: Hill, Filed On: May 3, 2024, Case #: 126314, Categories: negligence, Product Liability
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: Insurance, negligence, Contract
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Police Misconduct
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant’s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Damages, negligence
J. Wood partially grants the county administrator's, the county's, the ambulance service's and the 911 dispatchers' motions to dismiss a wrongful death and negligence action brought by a widow after her husband went into cardiac arrest and died from an anoxic brain injury. An ambulance did not arrive in response to the widow's 911 calls. The widow's state law claims against the county and other parties in their official capacities are barred by sovereign immunity. However, the widow's claim that the dispatchers deliberately lied in telling her an ambulance would arrive is enough to show an intent to cause harm and a violation of the husband's rights. The widow also sufficiently alleged a causal connection between the supervisors' conduct and the violation of the husband's rights.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 2, 2024, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Due Process, Wrongful Death
J. Farbiarz rules against a mechanic in claims contending he was injured in a fire that began at an auto repair shop due to oil in a drip pan because evidence did not indicate that placing the drip pan under the car or pushing the pan would have caused the fire, and the shop owner had simply panicked when he poured windshield wiper fluid on the mechanic to douse the flames.
Court: USDC New Jersey, Judge: Farbiarz , Filed On: May 2, 2024, Case #: 2:21cv17366, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence
J. McEvers finds that the district court properly denied a motion to alter or amend judgment in a matter involving a second amended judgment following a complaint for negligence from an oil rig explosion. The individual was properly determined to be the prevailing party in the action. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND85, Categories: Employment, negligence
J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: Employment, Tort, negligence
J. McShan finds that the lower court improperly dismissed claims brought after a bicyclist was hit by a car while exiting a bike path. The cyclist admitted he failed to make a full stop at a stop sign located on the path before he entered the intersection, but questions of fact remain unresolved as to whether the driver should have seen the bicyclist as she made a left-hand turn. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 2, 2024, Case #: CV-23-1540, Categories: Vehicle, negligence