111 results for 'cat:"Damages" AND cat:"Negligence"'.
J. Van Tatenhove finds in favor of the property owners regarding the jurisdiction of a property damages case. No parties were improperly added to the case, and because there is a reasonable question regarding the amount of damages, the state court is the proper venue for the case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 8, 2024, Case #: 5:23cv247, NOS: Torts to Land - Real Property, Categories: damages, negligence, Jurisdiction
J. Mathias finds that the trial court properly ruled in property damage claims stemming from a helicopter crash because evidence indicates the helicopter had been delivered in good working condition and that the crash resulted from engine failure following maintenance. Since the helicopter was returned in worse condition, plaintiff was entitled to damages equal to the value of the aircraft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 5, 2024, Case #: 23A-MI-1987, Categories: Property, damages, negligence
J. Hixon finds an $11,000 damages award to a driver and passenger in a collision case was adequate. The oilwell worker, driving in the scope of his employment, struck the injured parties' vehicle when stopped at a stop sign. Although the oilwell worker's behavior constitutes reckless driving, the injured parties fail to show this automatically warrants an instruction on punitive damages. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: February 1, 2024, Case #: 120288, Categories: Vehicle, damages, negligence
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J. Ledet finds that the trial court properly awarded damages to a tenant on his personal injury suit related to tripping over a subsurface irrigation pipe located on the grounds of an apartment complex. Thirty percent fault was properly allocated to the tenant because the apartment owner presented evidence that the area where the pipe was located was not a proper walkway. Further, the $5,000 award was proper based on the tenant's seven weeks of medical treatment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: January 22, 2024, Case #: 2023-CA-0277, Categories: damages, negligence
J. Mollway finds that a driver is partially liable for a moped driver’s damages after the two were involved in an accident that resulted in the moped driver’s injuries. The two drivers crossed paths as the car driver made an intersection turn onto the moped driver’s lane. It is unclear whether the the vehicles physically collided but the car driver is responsible for a negligent turn that the moped driver had to swerve to avoid. The car driver is liable for only 60% of the damages given comparative negligence due to evidence the moped driver was speeding at the time.
Court: USDC Hawaii, Judge: Mollway, Filed On: January 19, 2024, Case #: 1:22cv299, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, damages, negligence
J. Spain finds, on rehearing, that the trial court properly ruled in favor of the motorist on his negligence claim against the city over an auto accident with its peace officer, but the award of $250,000 in damages was erroneous. The award was more than the "aggregate relief permitted by Texas Rule of Civil Procedure 169." The motorist was only entitled to a maximum of $100,000 under the version of Rule 169 that was in effect when he filed suit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: January 18, 2024, Case #: 14-21-00482-CV, Categories: Civil Procedure, damages, negligence
J. Luthy finds that the trial court properly applied the negligence statute that was in effect at the time of a traffic collision that broke a minor's wrist, and not a subsequent version that includes "a bone fracture" as a threshold injury for supporting a cause of action. Also, the applicable threshold was not met since a fracture cannot be described as "dismemberment" and the minor's guardian failed to provide expert evidence that her injuries resulted in permanent impairment. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: January 11, 2024, Case #: 20210789-CA, Categories: damages, negligence, Experts
[Consolidated] J. Cadish finds the district court improperly dismissed these personal injury claims. The cab company offered the injured party the amount of $150,00, plus costs and fees, in order to obtain a stipulated dismissal. Though the company gave the injured party a check for the agreed-upon amount, it did not pay fees and costs. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 4, 2024, Case #: 84647, Categories: damages, negligence, Attorney Fees
J. Seitz finds that the trial court properly reduced the award received by a homeowners' association for water damage caused by faulty construction from $11.3 million to $3 million because the award had been inflated by inadmissible and speculative evidence. Meanwhile, the court properly granted judgment on column damages because evidence did not demonstrate complex-wide damages.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: January 3, 2024, Case #: 94, 2023, Categories: Construction, damages, negligence
J. Wicker reverses the trial court’s summary judgment in favor of defendants Rose and Boomtown Casino, after Rose attacked Adams and stole her purse in the casino’s parking lot in 2021. The casino voluntarily assumed a duty to provide regular security to patrol the casino’s exterior parking lot, while there are also genuine issues of material fact as to whether the casino was negligent in failing to act in conformity with its own established security policies and procedures on the night of the incident. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-CA-119, Categories: damages, negligence
J. Oxley finds that a railway company was improperly granted a new trial following a jury verdict granting an employee damages for injuries sustained in a workplace accident because the company failed to establish prejudice resulting from the repetitive nature of the employee's rebuttal argument, which merely restated otherwise acceptable statements made in his initial closing argument.
Court: Iowa Court Of Appeals, Judge: Oxley, Filed On: December 22, 2023, Case #: 22-0587, Categories: damages, negligence
J. Davies finds a lower court properly dismissed a civilian's motion for personal injury compensation. The civilian argued that he is entitled to relief after suffering injuries when he fell to the ground in a parking lot, which resulted in a head wound. However, the car park operator sufficiently showed in court that it does not have a license or any legal interest on the property.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: December 21, 2023, Case #: CA-2022-2048, Categories: Property, damages, negligence
J. Hendrickson finds the lower court properly awarded compensatory damages to the logistics company against a delivery driver arising from a store's rejection of a load of ice cream because it had melted. Evidence, including black box data from the truck driver's refrigeration unit, clearly proved the driver was at fault for the melted ice cream, which was damaged when he chose cycle, rather than continuous, mode on the refrigerator, which shut off while he waited for the warehouse employees to empty the trailer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: December 18, 2023, Case #: 2023-Ohio-4585, Categories: damages, negligence, Contract
J. Emas finds the trial court properly found in favor of the mother and daughter in their lawsuit over injuries the then seven-year-old daughter suffered when she ran into a wall while at the county's after-school program. The trial court properly denied the county's motion for a directed verdict and a new trial, as the jury's verdict in favor of the mother and daughter is supported by evidence of the after-school program's employee's negligence. The jury's determination that the county was 95% negligent and the daughter was 5% negligent stands, as does the mother and daughter's damages award of $3,954 in past medical expenses and $105,000 for past pain and suffering. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 22-1769, Categories: damages, negligence
J. Jones finds the trial court properly found in favor of the inland tugboat captain in a negligence action. The tugboat, navigating along the middle of the Mississippi river, collided with an ocean-going ship that diverted from its position due to the effect of the river's current as its crew raised anchor. The tugboat maintained a course necessary to avoid another vessel travelling upstream, and the captain made all necessary radio and signal warnings. However, the trial court instructed the jury to apply the incorrect standard of proof for the claim against the at-fault ship captain. Affirmed in part.
Court: 5th Circuit, Judge: Jones , Filed On: December 4, 2023, Case #: 22-30261, Categories: Admiralty, damages, negligence
J. Flynn finds the Appeals Court erred by reversing the trial court’s limited judgment because the law firm clients’ losses were purely financial. “The legislature intended the phrase 'negligent injury to person or property'…to include negligence claims seeking to recover for the kind of injury to economic interests that plaintiffs have alleged.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: November 28, 2023, Case #: S069442, Categories: Property, damages, negligence
J. Fallon finds a South Louisiana shipyard has successfully invoked an Act of God defense and, therefore, is not liable for damages to one of 19 vessels moored at its docking facilities when Hurricane Ida struck in 2021. The shipyard did all it reasonably could to prevent an un-manned vessel from breaking free and slamming into a docked workboat, during the strongest storm to hit the area since the “Last Island Hurricane” of 1856. A litigant invoking the Act of God defense must show “that the accident could not have been prevented by ‘human skill and precaution and a proper display of nautical skills[.]’”
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 22, 2023, Case #: 2:22cv3046, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, damages, negligence
J. Coulson admits that the court’s previous order calculating damages was based on a legal error in the valuation of damages. The court grants an additional $1,720.96 in damages for a total of $6,894.96 owed to the logistics company whose trailer and cargo was never returned after an accident. The parties can petition to reopen discovery for the purpose of the value of the trailer and cargo while in the towing company’s possession.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 21, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Vehicle, damages, negligence
J. Gadola finds that the lower court properly ruled for a kennel owner and the township by holding that the kennel's neighbors were not entitled to special damages in this nuisance action since other residents also objected to the kennel. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Gadola, Filed On: November 21, 2023, Case #: 362192, Categories: damages, negligence
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. Hendon finds the trial court properly entered final judgment in favor of the daughter in a lawsuit against Philip Morris related to her father's death from lung cancer, pulmonary disease and other ailments caused by his years of smoking Marlboro cigarettes. The trial court in part correctly denied Philip Morris's motion for summary judgment and for a directed verdict because there are disputes of fact regarding when the father's pulmonary disease manifested and the evidence admitted at trial supported the jury's verdict, which in part resulted in an award of $5.5 million in non-economic damages for the daughter and a mistrial on the issue of punitive damages. The trial court did not otherwise abuse its discretion in denying Philip Morris's other post-trial motions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: November 15, 2023, Case #: 23-0032, Categories: damages, negligence, Product Liability
J. Fallon denies summary judgment to the insurer of a tree removal company’s truck on its request to dismiss a hurricane debris worker’s negligent injury suit, arising from the lowering of a steel stabilization leg that crushed his right foot. As a matter of law, the truck constitutes mobile equipment under the insurer’s policy.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv4570, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, damages, negligence