2,030 results for 'cat:"Negligence"'.
J. Lambert finds for the assistant director of the department of public works in claims brought after plaintiff tripped on the stub of a street sign protruding from a public sidewalk near Churchill Downs because plaintiff failed to provide evidence indicating the assistant director owed him a duty to maintain the sidewalk. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: May 10, 2024, Case #: 2023-CA-0576-MR, Categories: negligence
J. Thissen reverses the district court's grant of summary judgment to the care home in the patient's mother's wrongful-death action alleging that it negligently failed to contact emergency services or treat the patient when she inhaled food. The mother has enough evidence in the record to raise a question of material fact as to whether the care home caused her daughter's death. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 10, 2024, Case #: A22-1376, Categories: Tort, negligence, Medical Malpractice
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J. Eaton finds the trial court properly granted summary judgment to a power company and construction company based on the 20-year statute of repose in this wrongful death and negligence lawsuit filed by the decedentβs estate. The estate alleges the construction company installed the asbestos and the decedent was exposed through her husband, who worked with the power company that caused the decedentβs mesothelioma and death from the asbestos exposure. The upheld the repose finding the last injury occurrence fell outside the period in relation to the Vermont Constitution. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 10, 2024, Case #: 23-AP-217, Categories: Constitution, negligence, Wrongful Death
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgment and writ of possession of the decedentβs home in favor of his estate stemming from a resident financially exploiting a vulnerable adult by stealing from the estateβs decedent after he was diagnosed with cancer. The decedent met the resident when he was a teenager needing a mentor, when the decedent became sick the resident moved into his home. The resident alleges he was a tenant and had the right to possession because he had the right to purchase the home, but the probate court invalidated that portion of the decedentβs will. The material facts are undisputed that the decedent was a vulnerable adult, and the estate had the standing to pursue the proceedings and to regain the possession of the home. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-212, Categories: Settlements, negligence, Civil Extortion
Per curiam, the Vermont Supreme Court finds the trial court properly ordered a neighbor to stay away from the property owner at all times and to stay 50 feet away from the boundary line between the partiesβ properties. The neighbor alleges that her due process rights were violated because of insufficient evidence for the property ownerβs claims of stalking and being threatened. The courtβs findings were supported by the evidence and the neighborβs claims do not provide a strong basis to reverse. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-359, Categories: negligence, Emotional Distress, Due Process
Per curiam, the appellate division finds that the lower court properly dismissed a negligence claim due to failure to prove a serious injury under the meaning of state insurance laws. Although the injured party offered an MRI scan to prove the injuries, a defense expert opined that the low impact of the accident in question could not have caused the claimed injuries, which rather appeared to be degenerative in nature. The medical records themselves contain no evidence of bodily limitations contemporaneous with the accident, but rather merely the report of a pain management doctor who examined the injured person years later. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02600, Categories: negligence, Experts
Per curiam, the Florida Supreme Court finds that the court of appeal properly ruled in personal injury claims brought by the surviving spouse because the marriage need not have occurred prior to the injury for a surviving spouse to recover damages. Affirmed.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: SC2022-0597, Categories: Damages, negligence
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: Insurance, negligence, Contract
J. Strand denies a credit union summary judgment in class claims stemming from a security breach because the class plausibly alleged the credit union owed, and breached, a duty of reasonable care to protect their personal information from a cyber hack.
Court: USDC Northern District of Iowa, Judge: Strand, Filed On: May 9, 2024, Case #: 6:23cv2048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Privacy, Class Action
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a negligence claim filed by a psychiatrist who was attacked by the cousin of an estranged partner in his home office. Although the apartment complex suffered lapses in its security protocols, such as allowing the attacker to enter and wander around the building for 20 minutes without being question by staff, the psychiatrist permitted the attacker to come into his apartment again to use the bathroom. Premises liability does not exist where the tenant invites the possibility of danger into the apartment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02612, Categories: Property, negligence
J. Nardacci allows a biomechanical engineer to testify in a personal injury lawsuit over injuries suffered in a ski accident, finding the engineer is allowed to provide testimony regarding causation, including whether additional padding on the unmarked pole could have prevented, or at least reduced, the severity of her injuries. Additionally, the court allows both a ski safety expert and a non-treating orthopedist to provide testimony on behalf of the skiier, but reserves its decision on whether the physician can offer an opinion regarding whether the skiier will require a cesarian section to deliver any children she may have in the future.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: May 9, 2024, Case #: 1:20cv563, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Experts
Per curiam, the appellate division finds that the lower court properly dismissed a slip and fall claim against a park where he was injured. The area in which he was harmed was full of reed beds and was not intended to be a public walkway. Therefore, the condition could be said to be incidental to the nature of the property and not reasonably foreseeable by the owner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02518, Categories: negligence
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.β Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: negligence, Jurisdiction, Assault
[Consolidated.] J. Herman finds that the trial court should not have denied a truck driver's motion to continue trial after he claimed that the car driver concealed telephone calls with βan indicted conspirator in over 50 staged accidents.β In this case, the possibility of fraud being perpetrated on the judicial system constitutes good cause for a continuance. The record shows that the car driver placed or received approximately 30 calls to and from the indicted conspirator on the day of the accident, both before and after the collision. Vacated.
Court: Louisiana Court Of Appeal, Judge: Herman , Filed On: May 8, 2024, Case #: 2023-CA-0480, Categories: Evidence, negligence
J. Gillmor denies a motion by the family of a man killed in a 2019 helicopter crash to amend the complaint and scheduling order in order to include a claim against a helicopter manufacturer for concealing information from the Federal Aviation Administration under the General Aviation Revitalization Act. The motion is untimely because trial for the case will begin in a month, and the family did not ever propose amendment during previous scheduling order adjustments over three years of litigation. The proposed amendment does not meet standards for pleading anyway, as the family does not identify any specifics in the accused misrepresentations. The helicopter manufacturer has also already timely established a defense under the Act.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 8, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: Civil Procedure, negligence, Aviation
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: Tort, negligence, Discovery
J. Gruber finds the county court properly granted the business owner's motion for summary judgment. The owner asserted he did not own the accident-involved vehicle but had sold it to the driver through his auto salvage business on an installment agreement, with the state having issued the title to the driver. Though the driver was previously employed by the owner, at the time of the accident he was no longer employed, and the owner had no duty to confirm he was licensed or insured. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 8, 2024, Case #: CV-23-258, Categories: Vehicle, negligence