6 results for 'judge:"Leonard"'.
J. Leonard denies the hotel's motion for summary judgment. The guest tripped over a wet floor sign that he claimed was on the ground rather than propped up. The guest claims that the hotel is guilty of negligence for selecting a metallic and brown wet floor sign that blended in with the surrounding decor, placing the sign such that it fell over and laid flat, failing to ensure the sign was in a location where it would not pose a tripping hazard, and failing to remove the sign once the floor was dry. A jury could reasonably determine that the hotel breached its duty of care in selecting and locating the sign.
Court: USDC Eastern District of Virginia, Judge: Leonard, Filed On: April 10, 2024, Case #: 2:23cv11, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Leonard finds the family court improperly applied the statute of limitations to a 2011 stipulation to a 2007 divorce decree that awarded a house to an ex-husband with payment to the ex-wife. Enforcement of the payment runs from the 2007 divorce and the stipulation, which did not modify the payment. Reversed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: January 26, 2024, Case #: CAAP-19-580, Categories: Family Law, Property
J. Leonard finds the lower court properly dismissed defendant’s assault charges without prejudice. The amended charges were initially defective for lacking a definition of substantial bodily injury as to the victim. The charges should not have been dismissed with prejudice, though, despite not having held a preliminary hearing as he was already charged by information before the hearing date was set. Further, the Supreme Court of Hawaii “has upheld and ordered dismissals of numerous other cases without prejudice as the remedy for an insufficient charge.” Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: January 26, 2024, Case #: CAAP-23-105, Categories: Assault, Due Process
J. Leonard finds the lower court properly ruled that two homeowners’ wrongful foreclosure claims against the lenders and the attorneys, who initiated the foreclosure, did not constitute SLAPP actions. The attorneys did commit fraud on the court in submitting materially false or deficient documents, and “the litigation privilege is not an absolute bar against an action by a borrower against a foreclosing lender’s attorney arising out of the attorney’s fraud on the court in a prior foreclosure action.” In this case, however, the litigation privileges does bar the borrowers’ claim for intentional infliction of emotional damages. Affirmed in part.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: December 20, 2023, Case #: CAAP-17-324, Categories: Anti-slapp, Fraud, Foreclosure
J. Leonard finds the circuit court properly ruled that a veterinarian hospital and a dog owner were not liable for a dog bite sustained by a hospital employee. The owner had transferred care to the hospital at the time of the bite and the employee could not prove negligence in this action or that the dog was known to be dangerous and the owner neglected to warn the employee. The hospital employee’s claims are also barred by the assumption of risk inherent with accepting employment at a pet hospital where animals are known to be unpredictable, even if the employee was inexperienced in animal care. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: November 28, 2023, Case #: CAAP-18-427, Categories: Negligence, Premises Liability
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