2,030 results for 'cat:"Negligence"'.
J. Smith denies Marriott's motion to dismiss the negligent hiring and supervision claims. The former employee alleges her supervisor sexually assaulted her at a social gathering by drugging her drink and raping her while she was unconscious. Though Marriott says the alleged assault occurred outside of work and was committed by an employee with no record of violence, the supervisor had previously resigned under allegations of sexual assault and was later rehired under the assumption that he "had grown up." The issue of whether the conduct was foreseeable considering his prior sexual harassment is a fact question that cannot be determined at this stage.
Court: USDC Rhode Island, Judge: Smith , Filed On: May 17, 2024, Case #: 1:23cv487, NOS: Other Civil Rights - Civil Rights, Categories: Employment, negligence, Assault
J. Pohlman finds that the lower courts erred in altering the terms of an agreement that had settled a tenant's negligence claims for injuries from an apartment deck collapse. The settlement's plain language calls for the landlord to pay all sums to the tenant, who would then be liable for any subrogation and health care liens. No provision allowed for the landlord to split the sum between the tenant and a collection agency that claimed to have a health care lien on the settlement funds. Reversed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: May 16, 2024, Case #: 20220901, Categories: Insurance, Settlements, negligence
J. Pena finds that the lower court properly determined that the claims at issue in this case were not health care liability claims requiring an expert report. The claims arise from the minor plaintiff's enrollment in a treatment program and an incident in which she was allegedly left inside a van and had to kick out a window in order to get out. The lower court did not err in its ruling, as the allegations do not implicate the facility's "duties as a health care provider." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 16, 2024, Case #: 13-23-00036-CV, Categories: Health Care, negligence, Experts
J. Grove finds the district court properly entered judgment in favor of a driver in this uninsured motorist claim stemming from the insurer’s client causing a car crash. The client failed to have a supervised adult in the vehicle since she only had a learner’s permit. The matter of attorney fees and cost is remanded for further proceedings. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: May 16, 2024, Case #: 2024COA54, Categories: Insurance, Vehicle, negligence
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J. Scales finds the trial court did not err by not granting the siblings' demand that it sign a proposed order granting them summary judgment on their claim of professional negligence against their former attorneys. Although the trial court did say in March of 2022 that it intended to sign an order granting partial summary judgment after orally granting judgment on the claim, the siblings' petition for a writ of mandamus ordering the trial court to sign such an order cannot be granted because that act is not "purely ministerial."
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 15, 2024, Case #: 24-0351, Categories: Judiciary, negligence, Legal Malpractice
Per curiam, the appellate division finds that the lower court properly declined to dismiss a negligence suit filed by a visitor who slipped and fell on an improperly waxed floor. Although deposition testimony established that wax was not used on the marble floors and that staff regularly cleaned and inspected the lobby, the visitor raised the possibility that wax residue was present. The janitorial company being sued was clearly responsible to prevent such misapplications. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02677, Categories: negligence
Per curiam, the appellate division finds that the lower court properly declined to dismiss a personal injury suit filed by a cyclist whose bicycle collided with a Transit Authority vehicle. Motorists are generally required to keep a reasonably vigilant eye out for cyclists, and the driver here did not provide enough testimony to show that this took place. A witness also testified that she did not recall if the cyclist ever crossed the double yellow line prior to contact with the bus. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02681, Categories: Transportation, negligence
J. Shorr finds the trial court properly determined there was sufficient evidence in the record to support the “less-satisfactory evidence” jury instruction. “Plaintiff’s contention that the less-satisfactory evidence instruction was not harmless is not sufficiently related to the evidence at issue or the trial court’s actual ruling."
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: May 15, 2024, Case #: A179622, Categories: Evidence, Jury, negligence
J. Johnson finds that the trial court properly dismissed a hotel visitor's fall claim against the hotel when a bottom cushion of the chair slid out as he sat down, causing him to fall forward. In this case, the visitor's videotape of a hotel employee allegedly admitting to the defective nature of the chair was not admitted because the videotape was not properly authenticated. Further, the hotel submitted an affidavit of an employee who stated she observed and inspected the chair and that the chair was not defective. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-449, Categories: Evidence, negligence
J. Johnson finds that the trial court properly dismissed a pedestrian's trip and fall claim, alleging that she was injured when she stepped in a hole in the city's parking lot. In this case, the trial court lacks subject matter jurisdiction because the Office of Workers’ Compensation has exclusive, original jurisdiction over the matter. The pedestrian's claims of negligence against the city were alleged under the theory of premises liability, and, at the time of the fall, the pedestrian was walking to her vehicle at the end of her workday with the city. Therefore, the pedestrian was still in the course of her employment with the city. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-368, Categories: negligence, Jurisdiction, Workers' Compensation
[Consolidated] J. Bokor finds the trial court properly denied the motorist's motions for a directed verdict and new trial in her lawsuit over a car accident. Because there was enough evidence to prove the motorist was at least partially responsible for the accident, her motion for a directed verdict was correctly denied, and the errors the motorist points to regarding her lawyer's overruled objections to questioning about inconsistent statements she made about her speed at the time of the accident, if they were errors, were harmless. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 23-0088, Categories: Vehicle, negligence
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a slip and fall complaint filed by a pedestrian who slipped on snow on a sidewalk. Because there was an ongoing storm, the property owner cannot be held responsible for any accidents caused by snow or ice accumulating throughout the storm. Snow was still falling at the time of this accident, and the owner did not take remedial measures that ended up worsening the situation. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02683, Categories: negligence
J. Gruber finds the circuit court improperly granted the stroke patient's motion to enforce settlement. The patient, who was a registered nurse at the hospital, alleges that doctors' negligence damaged her and the relationship between her and her spouse. Through the trial's resulting joint stipulation and various negotiations, the hospital offered a settlement of $4.75 million. Further negotiations resulted in a potentially larger settlement, with the hospital's CEO opting to not respond with any further offers. Testimony from the hospital's litigation officer, a mediator, and the patient's trial counsel, though found to be credible, was mostly subjective, and cannot overcome the CEO's directive. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 15, 2024, Case #: CV-22-799, Categories: Settlements, negligence, Medical Malpractice
J. Wood finds the circuit court improperly granted summary judgment in favor of the hospital in a slip and fall case. Though the hospital says a "wet floor" sign was in place near the puddle of water where the patient fell, testimony from the patient and a hospital employee creates a question of fact on the issue of whether there was a recurring leak in the area. The court’s finding there was not a recurring leak is premature. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CV-23-146, Categories: Evidence, Tort, negligence
J. Denney grants the grocery store's motion to strike any claim for future damages in a slip and fall action. The customer, who denied her treating physicians had not recommended she receive any future treatment causally related to the incident, has not demonstrated that the failure to disclose future medical expenses with respect to her right knee was either substantially justified or harmless. She is precluded from presenting evidence of future damages related to her right knee and lost future earnings.
Court: USDC Nevada, Judge: Denney , Filed On: May 14, 2024, Case #: 3:23cv439, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, negligence
J. Solomon finds that the appellate division properly ruled against plaintiff in claims seeking personal injury protection as a pedestrian after he was struck and injured by an automobile while he was riding a low-speed electric scooter. At the time of the accident, the scooter was being propelled by more than muscular power, and the vehicle was designed for highway use. Meanwhile, expanding the definition of "pedestrian" to include scooter operators would fall under the purview of the state legislature. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: May 14, 2024, Case #: A-12-23, Categories: Vehicle, negligence
J. Winmill denies individuals' motion for partial summary judgment on their negligence claim that a fire was started by negligently stored wood-staining rags in a building in which the individuals stored their car and other personal possessions, which were damaged. The fire department determined that the rags were the "most likely cause" of the fire, but listed the "cause of ignition" as "under investigation" and noted that their investigation of the building's electrical components was "inconclusive findings for cause." The cause of the fire is material and genuinely disputed
Court: USDC Idaho, Judge: Winmill, Filed On: May 13, 2024, Case #: 2:23cv441, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Civil Rights, Property, negligence
J. King finds in favor of the insurance company on the fraud claim in the insured's complaint alleging that the insurance company must provide more coverage for an accident caused by an underinsured motorist. The insureds' claims for bad faith, negligence, fraud, Insurance Fair Conduct Act and Consumer Protection Act are all time-barred.
Court: USDC Western District of Washington, Judge: King, Filed On: May 13, 2024, Case #: 2:23cv873, NOS: Insurance - Contract, Categories: Fraud, Insurance, negligence
J. Kelety finds that the trial court properly granted summary judgment to governmental entities on a trip and fall complaint. Trail immunity shields the entities from liability for a fall caused when a park visitor tripped on a cable that was strung between two wooden posts. No dispute existed about whether the cable was on a walking path down to a beach that both the visitor and the entities described as a trail, or that the wooden poles and cable were parts of the trail. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: May 13, 2024, Case #: D083075, Categories: Immunity, negligence
J. Pallmeyer grants a parent’s motion to join a number of Nevada doctors as defendants to her complaint against a baby formula manufacturer, remanding this case to the Circuit Court of Cook County. This was a bellwether case for the hundreds of lawsuits filed against the formula maker over its tainted formula, which caused infants to develop necrotizing enterocolitis. While doing discovery, the parent found out that doctors in Nevada may have been negligent in treating her own child afflicted with the condition. Though the parent wants the case sent to the Nevada state court, judicial rules make Cook County the proper remand venue, as that is where the case was first filed.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 13, 2024, Case #: 1:22cv2017, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, negligence, Product Liability
J. Brown finds that the trial court properly denied Walmart's motion for a new trial after a jury found in favor of the shopper in a negligence action and awarded her $1 million in nominal damages. The shopper suffered injuries when two Walmart employees ran into her with a pallet jack. The damages award is not excessive. The jury awarded the shopper less than one-fifth of the damages she requested. The cross-examination of Walmart's expert neurologist by the shopper's attorney about a prior instance where the expert examined an individual who had been shot in the breast did not taint the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 10, 2024, Case #: A24A0115, Categories: Damages, negligence
J. Hughes finds that the district court should not have denied a store owner’s motion for summary judgment on a wrongful death action filed by the family of a decedent who was shot and killed in the store parking lot. When the decedent and the shooter got into an argument they were not acting as store patrons, and when the decedent slapped the shooter, he committed the crime of battery to which the store owner had the duty to protect its current patrons from. The family did not show that the store owner owed a duty to protect the decedent from the shooter. Reversed.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: May 10, 2024, Case #: 2023-CC-00955, Categories: negligence, Contract
J. Huddle finds that the court of appeals improperly ruled against a doctor being sued by a woman who says the doctor failed to sterilize her, leading to an unwanted pregnancy. The state does not recognize the birth of a healthy child as an injury for which a parent can seek damages. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 10, 2024, Case #: 22-0410, Categories: Damages, negligence, Medical Malpractice