62 results for 'cat:"Tort" AND cat:"Damages"'.
J. Harris finds that the lower court properly awarded the woman $316,000 in damages after the man disseminated a sex tape, including her full name and her city and state, without her consent. Expert testimony is not required for a jury to find the woman was significantly affected by having a sexually explicit video of her posted online where it was viewed over 50,000 times. Further, punitive damages are warranted even if the video was recorded with the woman's consent, because the evidence shows the man acted willfully and in retaliation for the woman breaking off the relationship. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 7, 2024, Case #: 230585, Categories: tort, damages, Technology
J. Smith finds that the lower court properly entered judgment in this negligence suit arising from a car accident. The appellant argues that he should have been awarded damages after the appellee was found by the jury "to be at fault for the accident." However, the jury's finding of zero damages was not "manifestly unjust." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 05-23-00390-CV, Categories: tort, damages, Negligence
J. Milazzo awards a total of $646,000 in damages to a registered nurse on her car collision action against the U.S. Postal Service and its driver. Evidence, including the opinion of an orthopedic surgeon who examined the 36-year-old mother of three young children that the crash aggravated her shoulder complaints and caused a new injury to her neck, supports the award.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 22, 2024, Case #: 2:23cv241, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, damages, Experts
J. Ashe grants a request by Arkansas-based Walmart to dismiss a Florida resident's claim for punitive damages in a slip and fall action. Louisiana law prohibits the award of punitive damages unless they are expressly authorized by statute, and, in this case, that Walmart is a Louisiana domiciliary.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: April 18, 2024, Case #: 2:23cv7230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, damages, Choice Of Law
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
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J. Mitchell finds that the school's appeal must be dismissed in this sex discrimination suit accusing a sixth-grade teacher of abusing a student because the amount of damages was never written in a final judgment.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 9, 2024, Case #: WD86206, Categories: tort, damages
J. Eastbrook finds the lower court properly denied Smith and Wesson’s notice of removal in this matter involving the aftermath of a mass-shooting. A shooter opened fire into a crowd during an Independence Day parade, killing seven people and wounding 48 others. The shooter used a Smith and Wesson AR-15 style assault weapon, and the victims and their estates seek damages from the rifle manufacturer for its role in the sale and marketing of the weapon. Smith and Wesson argues the matter should be removed and heard in federal court because it involves multiple claims against them, some of which fall under federal law, but the instant court disagrees. What Smith and Wesson sees as multiple claims - the sale and advertising the sale of the weapon - the court sees as legal theory, and finds there is only one claim in the matter, that of the shooter firing into a crowd of people, and that Smith and Wesson is merely a party that may bear secondary liability. Affirmed.
Court: 7th Circuit, Judge: Eastbrook, Filed On: April 8, 2024, Case #: 23-2992, Categories: tort, damages, Firearms
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. Ortego affirms the allocation of fault and damage awards in an auto accident case involving a car/ambulance collision. The dash cam video from the ambulance, photographs and expert testimony support the allocation of 40% fault to the ambulance driver and 60% fault to his employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: CA-23-601, Categories: tort, damages, Negligence
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. 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. Alvarez upholds the trial court's judgment on a jury's verdict that awarded an injured driver $157,000 in past medical expenses, but denied any other claim for damages. Based, in part, on a question whether his injuries were caused by pre-existing conditions, the "evidence was within the zone of reasonable disagreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: February 14, 2024, Case #: 04-22-00656-CV , Categories: tort, damages
J. Wiseman finds the trial court properly awarded damages to the wife injured in the traffic accident. The driver of the at-fault vehicle admitted fault and the court awarded damages to the wife, who was driving, but not her husband, who was a passenger. The 5-mph collision occurred at an intersection, with one vehicle just beginning to move from a standstill and the other slowing down to make a turn. The husband and wife cannot prove reckless disregard. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: February 1, 2024, Case #: 120153, Categories: tort, Vehicle, damages
[Consolidated] J. Herndon finds the trial court improperly denied the injured party's request for added damages after he was awarded damages for a spinal injury and a surgery precipitated by a collision with a semi-truck. The jury's award did not account for a second surgery necessitated by a previously placed screw having come loose. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85368 , Categories: tort, Vehicle, damages
J. Theofanis grants Amazon's petition for mandamus relief in a personal injury case brought by a vehicle passenger injured after a collision with a van delivering packages for the company. The trial court denied Amazon's motion to dismiss the passenger's complaint as time-barred. The passenger's claims that Amazon withheld information to allow the two-year limitations to expire are not supported because Amazon had no legal requirement to produce documentation relating to the crash. Furthermore, because the limitations on his claims have expired, Amazon is entitled to have the claims dismissed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: December 20, 2023, Case #: 03-23-00634-CV, Categories: tort, Vehicle, damages
J. O'Connor denies the government a new trial after a jury awarded more than $23 million to a man who became a quadriplegic following a car collision with a postal truck. The damages award, which includes consideration of his past and future physical impairment and his current amputations and expected lifespan, is reasonable.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: December 15, 2023, Case #: 4:22cv147, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, damages
J. Soto dismisses, for lack of jurisdiction, an appeal in a premises liability suit. A woman obtained a no-answer default judgment against a bar after she injured herself there, and while the bar is now attempting to appeal, there is not a final appealable judgment and “no constitutional or statutory grant of jurisdiction permits us to review it.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 11, 2023, Case #: 08-23-00110-CV, Categories: tort, damages, Premises Liability
J. Stabile finds that the lower court properly disposed of post-trial motions in this case wherein a maintenance worker who suffered lung damage from exposure to a disinfectant fogger applied to a sealed room at United Cerebral Palsy of Philadelphia was awarded $1 million in damages. The organization failed to follow the proper procedure to appeal the disposals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: December 7, 2023, Case #: J-A20018-22, Categories: Civil Procedure, tort, damages
J. Contreras finds that the lower court properly ruled in favor of the appellee in this negligence lawsuit arising from an automobile accident. The lower court did not err by denying the appellants' motions to transfer venue, and the evidence sufficiently supported the award for future medical expenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: November 16, 2023, Case #: 13-22-00208-CV, Categories: tort, damages, Negligence
J. Guidry denies a Texas couple’s request for remand to a Louisiana state court, rejecting their argument a New Orleans tree care company impermissibly transferred their suit alleging that it, New Orleans and others are liable for critical injuries their young son suffered when a large oak limb fell and crushed him as he sat with his family sat on a bench in historic Jackson Square. The rule that the parents cite does not prohibit the litigant’s so-called “snap removal” of their suit to federal jurisdiction. The child remains hospitalized in a coma and “his future is uncertain.”
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: November 6, 2023, Case #: 2:23cv2768, NOS: Other Personal Injury - Torts - Personal Injury, Categories: tort, damages, Jurisdiction
[Consolidated.] J. Egan finds that the lower court properly set damages for negligence after a state trooper responding to a 911 call struck an oncoming car upon losing control of his vehicle. The award for past and future pain and suffering was reasonable in light of medical records and expert testimony indicating plaintiff's injuries were "serious," and the trooper's requests to set aside the verdict and hold a new trial for damages were properly denied.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 2, 2023, Case #: 535273, Categories: tort, damages
J. Page finds that the lower court properly found for the employee and awarded him $2.4 million after assessing 25% fault to him personally. The employee's expert used reasonably methodology to calculate the employee's lost earning capacity as a result of his knee injury sustained while working on a vessel. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: October 31, 2023, Case #: ED111416, Categories: Maritime, tort, damages
J. Riggs grants, in part, the oil and gas companies' motion to dismiss, ruling the property owner does not state a plausible claim for ejectment because the oil companies did not possess the land on which they allegedly trespassed. However, the eight notices sent by the owner to the companies about their continued trespass with vehicles and through the construction of fences clearly made management aware of the trespassing and allows the claim for punitive damages to proceed.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 30, 2023, Case #: 2:23cv257, NOS: Torts to Land - Real Property, Categories: Property, tort, damages
J. Stabile finds the lower court properly transferred this personal injury case, revolving around the amputation of a cement worker’s right hand by a cement mixing machine, from Philadelphia County to Butler County. The trial court did not abuse its discretion in granting the transfer since several defendants are based in Butler County. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: October 30, 2023, Case #: J-A19019-23, Categories: tort, damages, Venue