215 results for 'cat:"Civil Procedure" AND cat:"Negligence"'.
J. Miskel finds that the lower court properly denied the appellant company's dismissal motion in this personal injury lawsuit stemming from an industrial accident, in which the appellee was allegedly injured while performing repair work at a recycling plant. The company sought dismissal based on a failure to file a certificate of merit pursuant to chapter 150, but the lower court did not abuse its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 13, 2024, Case #: 05-23-00219-CV, Categories: civil Procedure, Tort, negligence
J. Ledet finds that the trial court properly dismissed a guest's slip and fall claim made against her short term rental operator. In this case, the guest filed her petition after the prescriptive period had run. The guest has no evidence to prove actual delivery of her damages petition to the clerk before the prescriptive period. Although the cover letter referenced the petition and the clerk’s office stamped the cover letter as timely received, the damages petition was neither stamped nor filed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 12, 2024, Case #: 2023-CA-0646, Categories: civil Procedure, negligence
[Consolidated.] J. Fitzgerald finds that the jury erred in its allocation of fault and the trial court improperly reduced damages awarded in an auto accident case stemming from an incident where a box truck rear-ended a police cruiser, seriously injuring a deputy sheriff. The nonparty background check company was erroneously added to the jury verdict form despite the defendant parties' pre-trial judicial confession as to liability for the crash. The issue in the verdict form led to an incorrect assessment of 200% liability, with the trial court then reducing the $5 million in damages by the 30% assessed to the background check company. Thus, the liability is amended to assign 75% to the truck driver and 25% to his employer, and the damages are restored to $5 million. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 6, 2024, Case #: CA-23-488, Categories: civil Procedure, Damages, negligence
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J. Doss finds in this interlocutory appeal that the lower court properly denied the appellant construction company's summary judgment motions and overruled its objections to the driver's summary judgment evidence in this personal injury suit involving a vehicle accident on a bridge. The company "did not prove each element of its affirmative defense with conclusive evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00258-CV, Categories: civil Procedure, negligence
J. Theriot finds that the trial court properly ruled in favor of the supermarket in a patron's suit over alleged injuries from a trip and fall near a refrigerated meat display. The evidence shows that the stocking cart the patron tripped over did not present "an unreasonable risk of harm" and that she had not been paying attention to her surroundings when the incident occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: February 23, 2024, Case #: 2023CA0978, Categories: civil Procedure, negligence
J. Rambin finds that the trial court properly entered a take-nothing judgment in a suit stemming from a collision between a disabled vehicle and wrecker along the shoulder of the interstate. Based on the conflicting evidence, it was reasonable for the jury to conclude that neither party's negligence caused the accident and that the crash could not have been avoided. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: February 23, 2024, Case #: 06-23-00062-CV, Categories: civil Procedure, Evidence, negligence
J. Milazzo denies a request by the manufacturer of a chemotherapy drug to dismiss 47 cases in the mass product liability litigation in which the litigant has passed away, in some cases, years ago. It is the burden of the litigants’ counsel to notify the decedent’s representatives, not the drug-maker.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 23, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: civil Procedure, Damages, negligence
Per curium, the appeals court denies an employee’s motion for rehearing against a private nonprofit facility in this negligence claim. The judgment is unchanged, but the court modifies its Jan. 25, 2024, opinion to counter some of the employee’s misrepresentations and improper additions to the record.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: February 22, 2024, Case #: B323186, Categories: civil Procedure, negligence
J. VanMeter finds that plaintiff, a victim of childhood sexual abuse, was allowed to file claims for the city's vicarious liability concerning abuse committed by her father, a police officer, because the 2021 amendment to KRS 413.249(7)(b) permitted claims to be filed five years beyond the statute of limitations.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: February 15, 2024, Case #: 2022-SC-0308-DG, Categories: civil Procedure, negligence
J. Gomez finds the lower court properly refused to dismiss a malicious prosecution claim. While summary judgment and directed verdict motions from previous lawsuits may be used by a trial court to determine the validity of a subsequent malicious prosecution case, the denial of such motions against the plaintiff in the malicious prosecution case do not deprive that plaintiff of probable cause. Summary judgment motions could be denied for any number of reasons, while directed verdicts require application of the strictest standards, neither of which precludes a party from bringing a malicious prosecution claim in the wake of adversarial decisions in a previous case. Affirmed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: February 15, 2024, Case #: 2024COA17, Categories: civil Procedure, Malicious Prosecution, negligence
J. Sutton finds the lower court properly dismissed the immigrants' request for civil penalties after the government inadvertently filed an unsealed affidavit in response to the immigrants' visa application complaint. Although federal law prevents disclosure of applicants' personal information, not only had the immigrants already disclosed the identifying information in previous filings, but the government requested the affidavit be sealed the following day; therefore, any disclosure was negligent, not willful. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: February 9, 2024, Case #: 23-5867, Categories: civil Procedure, Immigration, negligence
J. Nowell finds that the lower court improperly entered judgment against the bar where an alleged shooter had been drinking prior to the shooting. The lower court erred by not granting the bar's motion for judgment notwithstanding the verdict, as the bar could not be held vicariously liable for the "actions or inactions" of its employee. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 6, 2024, Case #: 05-22-00374-CV, Categories: civil Procedure, negligence
J. Partida-Kipness finds that the lower court improperly dismissed the family's negligence claims related to a product recall in this case arising from an alleged "rollover accident involving a utility terrain vehicle." The lower court erred in granting the dealer's no-evidence summary judgment motion as to the recall-related claims, as the dealer's motion was "insufficient as a matter of law as to the element of duty." Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 5, 2024, Case #: 05-22-00677-CV, Categories: civil Procedure, negligence, Product Liability
Per curiam, the appellate division finds that the trial court properly ruled against a French teacher accused of raping a 16-year-old student after grooming him for years. The teacher contends penal laws on the books in 1980, when the purported abuse took place, would not apply to a female subjecting a male student to sexual conduct without his consent, but the alleged conduct would constitute sexual abuse since the student was incapable of consent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01724, Categories: civil Procedure, negligence
J. Soto finds a lower court ruled correctly in denying an engineering company’s motion to dismiss after it was sued following a pipeline explosion by an oil company, which argued the engineering company had done “deficient surveying work” prior to laying a new pipeline. The engineering company argued the oil company did not obtain a valid certificate of merit prior to suing because the certificate came from an engineer rather than a surveyor, but in fact the oil company’s claims concerned allegedly negligent “professional engineering services, not professional land surveying services.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 26, 2024, Case #: 08-23-00029-CV, Categories: civil Procedure, negligence, Experts