71 results for 'cat:"Property" AND cat:"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
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
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
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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
J. Mathias finds that the trial court properly allowed plaintiff, a member of the church board of trustees, to continue negligence claims brought after he fell from a ladder while doing construction work on a shed because worship did not take place where the shed was located, and thus the case was not subject to statute regarding personal injuries in places of worship. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 15, 2024, Case #: 23A-CT-1728, Categories: property, negligence
J. Prata finds that the trial court properly granted plaintiff declaratory and injunctive relief in claims contending a neighbor violated a restrictive covenant by permitting the unbridled growth of his landscaping, and properly dismissed the laches defense since defendant did not explain why plaintiff's proffered reasons for delaying litigation would be erroneous. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: April 2, 2024, Case #: 23-74, Categories: Civil Procedure, property, negligence
J. Boyle partially denies a real estate broker’s partial motion to dismiss allegations of state vacation rental law violations brought by the administrator of the estate of a minor who drowned after he snuck into a swimming pool unsupervised. The broker argues that because it’s not a landlord, it isn’t beholden to any building or housing codes. However, the administrator correctly argues that under vacation rental law, the broker negligently maintained the property, exposing the minor to a drowning hazard.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: April 1, 2024, Case #: 4:23cv101, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, negligence, Wrongful Death
J. Schlegel finds that the trial court should not have granted a neighbor's exception of prescription on a property owner's claim filed on September 13, 2022, that his house was damaged when the neighbor's tree fell on it during a hurricane. In this case, although the homeowner's petition references Hurricane Ida making landfall on or about August 29, 2021, the petition does not actually allege a specific date when the tree fell and damaged his property. Further, the neighbor did not introduce evidence as to when the damage occurred. The undisputed evidence shows that the homeowner did not return to his home until September 17, 2021, after evacuating before the hurricane made landfall. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: March 27, 2024, Case #: 23-CA-408, Categories: Evidence, property, negligence
J. van Cleef finds that the trial court improperly denied summary judgment to the property owner after a driver crashed into a tree that had earlier fallen from the property and onto the road during a windstorm. The property owner "owed no legal duty" to the driver, who takes nothing on the claim. Reversed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: March 21, 2024, Case #: 06-23-00060-CV, Categories: property, negligence
J. Hoyle finds the trial court properly ruled in favor of the dog attack victim. Though the dogs were kept on adjoining properties, and there were questions as to who was in actual possession of them as well as who controlled the property, the jury found certain property owners to share in certain percentages of negligence. One of the owners, however, lacked superior ability to control the property, and the evidence is legally insufficient to support a finding of negligence as to this owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 13, 2024, Case #: 12-22-00297-CV, Categories: property, Tort, negligence
J. Winokur finds that the trial court improperly ruled for a condominium association in personal injury claims brought after a balcony railing collapsed, causing a third-floor resident to fall to the sand dunes below, because individual unit owners remained responsible for maintaining the south-facing balconies, which, boasting views of the Gulf of Mexico, are accessible only through the individual units. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: March 6, 2024, Case #: 1D2022-1540, Categories: property, negligence
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
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending the town negligently installed and maintained a high-density polyethylene culvert that caused flooding and damage to plaintiff's home. The complaint plausibly alleges the town failed to replace eroded surface covers, and the town failed to demonstrate it cannot be held liable for maintenance of the culvert due to the severe storm. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01375, Categories: property, negligence
J. Blane grants an engineering company dismissal of claims brought after plaintiff was denied insurance coverage for hail damage sustained to his roof because damages were purely economic, and the economic loss doctrine barred recovery claims from being brought against the engineering firm. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: January 24, 2024, Case #: 22-1861, Categories: Insurance, property, negligence
J. Wilson finds that the trial court properly ruled in favor of the landowner on a worker's premises liability claim over injuries from an auger that fell off a skid loader and onto his foot. The evidence shows that the worker was aware the auger was not securely locked in place before the incident, so the landowner did not owe a duty to the worker. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: January 23, 2024, Case #: 14-22-00767-CV, Categories: property, negligence