541 results for 'cat:"Wrongful Death"'.
J. Coburn finds that the lower court properly denied a request from PenAir to dismiss a wrongful death suit stemming from a plane crash. The airline moved for the suit to be tossed for lack of personal jurisdiction, but the suit ties to contracts and business that the company was dealing in the state of Washington. Jurisdictional claims fail as a result, and the lower court properly allowed the suit to progress. Affirmed.
Court: Washington Court Of Appeals, Judge: Coburn, Filed On: June 12, 2023, Case #: 83424-0-I, Categories: Jurisdiction, wrongful Death
J. Willet finds the district court properly entered summary judgment in favor of the city in this suit brought by the father of a teenage boy who was killed by an on-duty police officer shooting at a vehicle in which the boy was a passenger as the driver attempted to get away from shots that were fired by an unknown person. The officer was later convicted for murder, and the father claims the city’s use-of-force policy is unconstitutional. The city’s policy does not affirmatively allow officers to use deadly force absent an immediate threat or to rely on subjective factors when evaluating whether to use deadly force. There is no constitutional violation in the official, written policy. Affirmed.
Court: 5th Circuit, Judge: Willet, Filed On: June 9, 2023, Case #: 22-10269, Categories: Constitution, wrongful Death, Police Misconduct
J. Hutchison denies the agency’s extraordinary writ seeking dismissal of wrongful death suit after the lower court denied its motion to dismiss the suit on the grounds the administratrix failed to file a certificate of merit under West Virginia Medical and Professional Liability Act. The court finds the judge committed no error in declining to dismiss, since the agency’s duty to the decedent inmate was “not that of health care provider to a patient, but of custodian to inmate to provide reasonable care and protection from reasonably foreseeable harm.” Writ denied.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: June 8, 2023, Case #: 22-777, Categories: Government, wrongful Death, Prisoners' Rights
J. Nucor denies, in part, a steel manufacturer's motion to dismiss a couple's claims related to the death of their son, who died from a gunshot wound after testing an allegedly faulty bullet-proof vest. The couple has adequately pleaded their manufacturing defect claim.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: June 7, 2023, Case #: 3:23CV29, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, wrongful Death
J. Coghran reverses a trial court’s order dismissing and compelling arbitration of a daughter’s negligence claims against her late mother’s long-term care facility. The arbitration agreement in this case is unenforceable, and it is not necessary to address the daughter’s remaining claims that the nursing home’s arbitration agreement was unconscionable. Reversed and remanded.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: June 5, 2023, Case #: 220391, Categories: Arbitration, wrongful Death, Elder Abuse
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J. Boardman denies a couple leave for their third amended complaint alleging wrongful death, state-created danger and conscience-shocking conduct against a county school board after their daughter’s ex-boyfriend shot and killed her at school. The couple alleges that the board, along with the principal, the school’s security staff and several teachers are at fault for failing to stop the ex-boyfriend, whom they allegedly knew harassed the daughter. However, the couple falls short of plausibly arguing that the board and staff’s knowledge of the boy’s behavior led directly to the girl's death. Those parties also have qualified immunity. All federal claims are dismissed, and the couple are free pursue any state claims.
Court: USDC Maryland, Judge: Boardman, Filed On: June 5, 2023, Case #: 8:20cv161, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, wrongful Death
J. Molberg finds that the lower court improperly compelled arbitration of the appellant's claims in this wrongful death and survival action. The appellees failed to establish "the existence of a valid, enforceable arbitration agreement," as they only attached an unauthenticated agreement to support their motion. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: June 5, 2023, Case #: 05-21-00904-CV, Categories: Arbitration, wrongful Death, Contract
J. Riggs issues partially redacted findings of fact in a wrongful death suit against a tire company alleging that manufacturing and design defects on a tire led to a deadly car accident. There was “no defect” in the subject tire, the tire company was “not negligent,” and claims centered on alleged negligence or product defects therefore fail.
Court: USDC New Mexico, Judge: Riggs, Filed On: June 1, 2023, Case #: 1:17cv922, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, wrongful Death
J. Martinez grants discovery requests in a lawsuit alleging wrongful death and other claims brought against private-prison company CoreCivic by representatives of a former inmate. CoreCivic must produce not only a “mortality review” conducted after the inmate’s death but also employment applications of two employees involved in the death, which representatives of the deceased inmate argue may show their “truthfulness,” because CoreCivic has not shown why any of this information should be exempt from discovery despite raising a range of privilege defenses.
Court: USDC New Mexico, Judge: Martinez, Filed On: June 1, 2023, Case #: 1:22cv256, NOS: Other Civil Rights - Civil Rights, Categories: wrongful Death, Discovery, Prisoners' Rights
J. Wood denies the county's motions to dismiss the widow's wrongful death action alleging that officials violated Department of Public Health regulations and operated the county ambulance service contrary to those regulations, resulting in her husband's death from cardiac arrest due to lack of oxygen saturation. Although the amended action is a shotgun pleading which fails to give the county and officials adequate notice of the claims, the widow may amend the complaint to fix the deficiencies.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 31, 2023, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, wrongful Death
J. Phipps finds that the trial court properly denied the medical providers' motion for a new trial after a jury found largely in favor of the widower in a wrongful death and medical malpractice action following his wife's death from cancer. The trial court correctly denied the providers' motion to exclude testimony from the widower's expert regarding causation and the survivability of the wife's cancer. The expert's opinions were supported by medical journal articles and the opinions as to causation were supported by testimony from three other witnesses. The $8.5 million jury award, which included $0 for wrongful death damages and $6,900 for funeral and burial expenses, was not improper in light of the conflicting evidence presented as to the wife's life expectancy. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 31, 2023, Case #: A23A0413, Categories: Damages, wrongful Death, Medical Malpractice
J. Jackson denies a request by the Sheriff of East Baton Rouge Parish and others to dismiss constitutional claims by the daughter of a lifelong resident — a retired government employee, active church member and grandmother — who died in jail after being arrested for her first time following a domestic altercation. She allegedly died of complications of congestive heart failure due to prison officials’ refusal to dispense her prescribed heart medication. Her daughter is allowed to amend her complaint to comply with federal pleading requirements.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: May 31, 2023, Case #: 3:22cv488, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, wrongful Death
J. Hudson grants summary judgment to the state troopers accused of wrongful death and excessive force charges. The troopers were within their rights to approach the immobilized vehicle armed following a high-speed chase over a speeding violation, leading to the deceased pulling out his firearm and, in turn being shot by the police.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 30, 2023, Case #: 3:22cv225, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, wrongful Death, Police Misconduct
J. Mollway denies a motion by the husband of a woman who died during a SCUBA boat tour to make statements made by the captain of the tour to the Coast Guard in a separate administrative action admissible at trial. The captain checking a box on the Coast Guard’s enforcement action does not unambiguously imply admitted liability just due to phrasing used in the “factual allegations” section. Additionally, admission of even a section would require the entire context of the complaint and it has already been ruled by a magistrate judge that the Coast Guard’s administrative action was to be protected from discovery.
Court: USDC Hawaii, Judge: Mollway, Filed On: May 30, 2023, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: Evidence, wrongful Death, Discovery
J. Land finds that the trial court properly ruled partially in favor of the son in a wrongful death and negligence action against the apartment complex arising from its failure to provide a personal emergency response device to the father. The father died after suffering a stroke in the complex. The trial court correctly found in favor of the son on the issue of the complex's negligence per se and did not abuse its discretion in allowing an expert in property management to testify. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 30, 2023, Case #: A23A0462, Categories: Negligence, Housing, wrongful Death
J. Broderick finds for the city on the estate's unlawful entry claims, but declines to dismiss claims against the hospital stemming from a man's death after police responded to a mental health call and forced their way into his room, Tasing him three times. Police had probable cause to believe there was an emergency in the apartment, but the estate may pursue claims that the hospital failed to properly treat the man for his excited delirium, causing him to have a heart attack.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 30, 2023, Case #: 116cv1952, NOS: Other Civil Rights - Civil Rights, Categories: wrongful Death, Police Misconduct
J. Kelly finds a lower court properly dismissed the government's "seaman's manslaughter" claims against a tourism duck boat. The government argued that the operators of the duck boat were grossly negligent when they failed to prevent the vessel from sinking, which resulted in the death of 17 people. However, the duck boat operators sufficiently showed that the lower court's admiralty jurisdiction does not extend to the lake because it is not navigable as a matter of law. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: May 30, 2023, Case #: 20-3671, Categories: Admiralty, Negligence, wrongful Death
J. Bogardus finds a lower court ruled correctly in denying a motion to compel arbitration brought by a hospital and representatives after they were sued for alleged wrongful death and negligence. The hospital argued that the son of a deceased patient had signed an arbitration agreement, but the hospital has not shown that other parties in this case should be bound by that agreement — and even if they were, the hospital has not shown “clearly and unmistakably” that “gateway issues of arbitrability are to be decided by an arbitrator, rather than the district court.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: May 25, 2023, Case #: A-1-CA-39835, Categories: Arbitration, Negligence, wrongful Death
J. Williams rules in part for New Jersey state troopers accused of shooting and killing someone during a struggle after they found him in an abandoned building. The troopers testified they feared for their lives when the decedent, who had broken free from several arrest attempts, grabbed a large metal pole, but questions of fact exist as to whether the decedent posed an actual threat.
Court: USDC New Jersey, Judge: Williams , Filed On: May 24, 2023, Case #: 1:18cv15257, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, wrongful Death
J. Beachley disagrees with the lower court’s ruling that the common law husband of a deceased woman is not allowed to sue a doctor for wrongful death because in Maryland, someone must present at least two documents verifying the marriage. However, as this marriage happened in Pennsylvania, and that state’s laws only require one document for proof — including the type of affidavit the husband presented — the marriage is deemed legitimate and the husband is allowed to proceed. Reversed.
Court: The Appellate Court of Maryland, Judge: Beachley, Filed On: May 23, 2023, Case #: 24-C-21-000851, Categories: Civil Procedure, wrongful Death
J. Palafox finds a lower court did not err in declining to dismiss a negligence and wrongful death suit against a hospital after a patient died following alleged “use or misuse of a catheter.” That patient initially brought suit over the incident and his widow continued the case after his death. While the hospital sought a plea to the jurisdiction and argued it had provided reasonable care to the patient, that question is “not relevant to our analysis today.” Rather, the question is whether the patient’s injury was “proximately caused” by “tangible property” belonging to the hospital, and the hospital has not been able to show otherwise. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 22, 2023, Case #: 08-22-00112-CV, Categories: Health Care, Negligence, wrongful Death
J. O’Leary finds the trial court properly dismissed this wrongful death suit as untimely brought by the guardian of the daughter of an Orange County Jail inmate who committed suicide while in custody. The guardian invokes aspects of the federal code of civil procedure which tolls state limitations while supplemental state claims remain pending in federal court. The appropriate tolling provision covers only the appeal from the district court’s judgment and does not extend to state proceedings. Entitlement to equitable tolling has not been established. Affirmed.
Court: California Courts Of Appeal, Judge: O’Leary, Filed On: May 19, 2023, Case #: G060596, Categories: Due Process, wrongful Death, Prisoners' Rights
J. Peterson finds in favor of the county and police officers in a lawsuit from the surviving family of an inmate who died by hanging while he was detained at the county's jail, which the family's Eighth and 14th Amendment claims assert happened because the officers failed to reasonably protect him and prevent his suicide. Based on the facts in the record, and applying the objective reasonableness standard, the officers and jail staff either could not have known or would not have reasonably believed the inmate was suicidal based solely on his bizarre behavior and statements, including hitting himself and talking about "demonic" things. Because the claims against the county about the adequacy of its screening and cell check protocols also fail, summary judgment is granted to the county and officers and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 18, 2023, Case #: 3:22cv241, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, wrongful Death
J. Harris finds that a sheriff's office is not immune to a wrongful death action over the suicide of a pretrial detainee. The tort immunity waiver for injuries due to the negligent operation of a jail applies to the death. The exception to the waiver for detainees who have been convicted does not apply because the decedent was incarcerated for violating a protection order but had not yet been convicted of the violation. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: May 18, 2023, Case #: 21CA0370, Categories: Tort, Immunity, wrongful Death
J. Neville finds that the appeals court improperly denied the estate's motion to convert a respondent in discovery to a defendant in this wrongful death action. The estate presented evidence, in the form of medical records, that support a finding that the respondent's negligence was a proximate cause of the decedent's death. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: May 18, 2023, Case #: 128651, Categories: Health Care, wrongful Death, Discovery