60 results for 'cat:"Property" AND cat:"Damages"'.
J. Welch finds the county court properly granted injunctive relief and damages to the property developer. The residential property owner constructed a sediment pond and dam, causing drainage issues on the developer's property. The developer has shown that it has lost use of a portion of its property, as well as having lost trees to erosion caused by pooling water. The water backup was caused by negligent construction, as shown by the testimony of a civil engineer. Removal of the pond and dam is the only remedy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-114, Categories: Agriculture, property, damages
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: Civil Procedure, property, damages
J. Thumma finds a lower court properly dismissed a homesite community's contract claims against a subdivision. The homesite community argued that it was not obligated to pay for certain lots. However, the subdivision sufficiently showed in court that the parties' agreement enforced the homesite community to pay for lots until 2027, and that it is on the hook for proportional attorney's fees. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: April 9, 2024, Case #: 1 CA-CV 22-712, Categories: property, Real Estate, damages
J. McCalla determines how the funds should be paid in this interpleader case arising from an alleged arson fire and alleged theft at the House of Blues recording studio. One of the individual defendants, who leased a studio and certain equipment from the owner, should receive $2,066,217 of the Business Personal Property award, as his lease "did not terminate with the fire."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 4, 2024, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, property, damages
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J. Milazzo grants requests by insurers and against property owners suing them for inadequate compensation related to hurricane damage claims, staying the litigation pending arbitration. Contrary to the litigants’ argument, the arbitration clause at issue in the insurance dispute is enforceable under the New York Convention and federal arbitration law. The property owners’ claims of breach of contract, breach of duty of and bad faith damages claims fall under the policy’s arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:23cv4258, NOS: Insurance - Contract, Categories: Arbitration, property, damages
Per curiam, the appellate division finds that the lower court properly awarded the homeowner's association $593,000 after the state appropriated a strip of its land to add a traffic lane to a state highway. The homeowner's association is not entitled to consequential damages caused by increased traffic noise arising from the taking because there is no evidence of a significant increase in noise after the state constructed sound barriers around the lane addition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01294, Categories: property, damages
J. Lauck grants the moving company's motion to dismiss property damage claims. A couple hired the company to remove their belongings from their Virginia home and transport them to Georgia, where they were set to use the proceeds from the sale of their Virginia home to buy a new home. The couple packed their things into boxes and placed them in the garage for the movers to easily access. During the move, an employee for the moving company attempted to disconnect the washing machine but accidentally broke a water line, leading to enough water damage that they could no longer sell the house and so significant that it caused the ceiling over the garage to collapse and destroy their belongings. The couple failed to allege the employees acted in a manner that approached either actual malice or exhibited extreme recklessness, resulting in clearly foreseeable and immediate injury.
Court: USDC Eastern District of Virginia, Judge: Lauck, Filed On: March 4, 2024, Case #: 323:cv474, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, damages, Conversion
J. Huddle finds that the court of appeals properly ruled in favor of a Catholic bishop in a damages case filed against him by a construction company after a former employee allegedly stole resources to renovate the bishop’s home. The bishop sought to enter into a settlement credit following a jury verdict that awarded the company damages. Despite the company’s claims against the credit, the evidence shows that the bishop is entitled to one, thus rendering a take-nothing judgment for the company. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: March 1, 2024, Case #: 22-0168, Categories: property, Settlements, damages
J. Byrne finds that the trial court properly ruled to dismiss a family’s claims in a damages case it filed against several companies that operated a well-lease that failed and affected the family’s cattle ranch. The family has failed to present any evidence that would suggest some of the companies can be forced to pay for damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: February 29, 2024, Case #: 03-22-00063-CV, Categories: Evidence, property, damages
J. Greene finds that the trial court properly ruled in favor of the property owners in their suit against the city over damages resulting from its failure to maintain a public drainage servitude. The owners' claim for compensation was not prescribed based on the cited statute, which did not apply. Also, there was no error in the damages award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 21, 2024, Case #: 2023CA0219, Categories: property, Tort, damages
J. Thyer finds the county court properly entered a default judgment against the party in possession of the Corvette. The party in possession refused to return the car to the owner and the court ordered its return based on the evidence. The possessor defaulted by filing a late answer, and the owner was also awarded damages for storage fees, rental value and attorney’s fees. The possessor did not defend her late answer, and the evidence supports the damages award and fees. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CV-23-109, Categories: property, damages, Due Process
J. Wise finds that the trial court properly awarded damages to the property owner on his trespass claim against a neighbor over his encroaching fence and debris. There is sufficient evidence that the neighbor committed trespass by refusing to allow the owner to move the fence and debris. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00603-CV, Categories: Evidence, property, damages
J. Mathias finds that the trial court properly ruled in property damage claims stemming from a helicopter crash because evidence indicates the helicopter had been delivered in good working condition and that the crash resulted from engine failure following maintenance. Since the helicopter was returned in worse condition, plaintiff was entitled to damages equal to the value of the aircraft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 5, 2024, Case #: 23A-MI-1987, Categories: property, damages, Negligence
J. Steele grants, in part, the insurer’s motion for summary judgement on claims related to contract and bad-faith denial of coverage for property damage caused by Hurricane Sally. The condominium association failed to provide requested information within the required time period or to establish any violations of the policy. Therefore, the contract claims are dismissed.
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: February 5, 2024, Case #: 1:22cv495, NOS: Insurance - Contract, Categories: Insurance, property, damages
J. Murphy grants Airbnb’s motion to compel arbitration against a host who listed his apartment for rent on the platform where it was subsequently damaged by a guest who barricaded himself inside the building, changed the locks, and took full control of the unit for months. The terms of service contain a valid arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: January 29, 2024, Case #: 2:23cv1379, NOS: Other Contract - Contract, Categories: Arbitration, property, damages
[Consolidated.] J. Recktenwald finds the circuit court improperly granted summary judgment in several easement cases between Hawaii’s mass transit rail authority and the landowner of property taken for the proposed rail system and station. The landowner is not precluded from seeking severance damages in several cases, which should be determined via jury as there is still genuine issue of material fact as to the master plan for rail construction. Vacated in part.
Court: Hawai'i Supreme Court, Judge: Recktenwald, Filed On: December 29, 2023, Case #: SCAP-22-335, Categories: property, Real Estate, damages
J. Milazzo grants a request by a mortgage lender to dismiss a homeowner’s hurricane-related claims that it obtained insurance at above-market rates that exceeded the mortgage amount, failed to list her as a named insured and did not use policy payments to repair her home. The homeowner has not alleged facts that support her misrepresentation claim, or her allegation the lender failed to distribute insurance proceeds for repair of her property. Furthermore, the loan agreement does not obligate the mortgage lender to procure additional insurance proceeds to repair her property.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: December 28, 2023, Case #: 2:23cv927, NOS: Truth in Lending - Torts - Personal Property, Categories: property, damages, Banking / Lending
J. Williams declines to bar evidence in claims contending plaintiff suffered economic injury from business interruption, demolition, and cleanup damages in a dispute over a faulty poultry cage system because repair and cleanup costs were directly related to physical damage caused by the collapse of the cage system.
Court: USDC Northern District of Iowa, Judge: Williams, Filed On: December 28, 2023, Case #: 5:21cv4007, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: property, damages, Discovery
J. Ives finds the city was not entitled to a supplemental jury instruction on causation in a case regarding a landowner's impaired access to its property following the city's partial taking of its property. The instructions used by the trial court were identical to the uniform causation instructions recommended by the New Mexico Supreme Court and there is no evidence the outcome of the case would have differed if the additional instruction had been given. Furthermore, the damages awarded by the jury for the property owner's impaired access were lawful under the relevant statute and were properly proven by the owner. Affirmed.
Court: New Mexico Court of Appeals, Judge: Ives, Filed On: December 28, 2023, Case #: A-1-CA-39674, Categories: Jury, property, damages
J. Wilkin finds the trial court properly awarded treble damages to the property owner for the logger's removal of trees. The logger admitted he saw bits of a barb wire fence and orange dots marking the property line when he surveyed the area, which supported the court's determination his actions were reckless, not negligent. However, the trial court erroneously allowed the owner to recover both treble and punitive damages for the same act, as Ohio law allows only one such award for the destruction of trees. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 26, 2023, Case #: 2023-Ohio-4821, Categories: property, damages, Conversion
J. Davies finds a lower court properly dismissed a civilian's motion for personal injury compensation. The civilian argued that he is entitled to relief after suffering injuries when he fell to the ground in a parking lot, which resulted in a head wound. However, the car park operator sufficiently showed in court that it does not have a license or any legal interest on the property.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: December 21, 2023, Case #: CA-2022-2048, Categories: property, damages, Negligence
J. Webb finds the circuit court improperly awarded damages to the homebuyer in connection with drainage and mold issues following a real estate deal. The circuit court awarded the damages based on a breach of contract, but the buyer alleged only fraud and deceit, not breach of contract. Vacated.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 21, 2023, Case #: CV-20-265, Categories: Fraud, property, damages
J. Griggsby grants summary judgment in favor of the lessor in this lease contract dispute of three modular classroom units. The school failed to pay the rent due on the three leases. The school shall pay the lessor for a total of $387,828 for the breach of building payment, $80,142 for damages to the principal amount and $39,878 for prejudgment interest for the breach of classroom lease.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 18, 2023, Case #: 1:20cv887, NOS: Other Contract - Contract, Categories: property, damages, Contract
J. Huffaker grants summary judgment in favor of the insured and equipment owner in this insurance coverage dispute. The insurer claims a 2016 cotton picker machine is not covered under the scheduled property provision of the policy. The insured is entitled to the coverage benefits under the property provisions by clearly written in the policy and the insurer must pay the remaining claim due of $463,356.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: December 6, 2023, Case #: 2:22cv465, NOS: Insurance - Contract, Categories: Insurance, property, damages