123 results for 'cat:"Negligence" AND cat:"Premises Liability"'.
J. Lynch finds that the lower court improperly found for a retailer in slip and fall claims brought after a customer tripped over a bar stabilizer on a rolling metal ladder because the ladder had been left in an aisle contrary to store policy, which raised questions of fact as to whether the premises had been kept in a reasonably safe condition. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 22, 2024, Case #: CV-23-0131, Categories: negligence, premises Liability
J. Shepard finds that the trial court properly held that property owners were not subject to premises liability claims for the sexual assault of a minor at a party they hosted, but negligent supervision claims should have proceeded to trial because the property owners had notice that their child may pose a risk to others. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Shepard, Filed On: February 12, 2024, Case #: 22A-CT-2922, Categories: negligence, premises Liability
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J. Cole grants Wal-mart's motion to strike portions of the injured shopper's declaration, ruling her clarifications of the alleged defect in the tile floor that caused her to trip and fall contradict previous versions of her story, including the one taken in her deposition, and constitute sham issues of fact that cannot be considered on the parties' competing motions for summary judgment. Therefore, because the shopper put forth no concrete evidence of a defect in the floor and no evidence the employees of the store were aware of any dangerous defect, Wal-mart's motion for summary judgment is granted and the case is dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 12, 2024, Case #: 1:21cv670, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, premises Liability
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgement to the expo center in this slip and fall lawsuit. The woman claims, “due to the existence of darkness in the bathroom stalls, no attendant would have been aware of the existence of the dangerous condition without periodically checking the bathroom stalls and because they failed to do so, she was injured.” A reasonable jury could have only found her evidence was speculative, since there was no way to show how long the floor had been wet. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-265, Categories: negligence, premises Liability
J. Chasanow denies a customer’s motion to remand this premises liability dispute against Walmart, two individual employees and three shopping cart companies. The customer was pushing a shopping cart out of Walmart when suddenly it broke and caused her injuries. The customer fails to establish a claim against the employees because they were fraudulently joined. Therefore, the customer’s amended complaint is dismissed in favor of Walmart, two individual employees and three shopping cart companies.
Court: USDC Maryland, Judge: Chasanow, Filed On: January 29, 2024, Case #: 8:23cv3133, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, negligence, premises Liability
J. Colombell grants the garbage collector's motion to amend his slip and fall complaint. The worker, who slipped on ice at a mechanic shop, had put the current owners of the property as the defendant rather than the owners at the time of the fall, but the amendment is not prejudicial to any party.
Court: USDC Eastern District of Virginia, Judge: Colombell , Filed On: January 3, 2024, Case #: 3:23cv578, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Jurisdiction, premises Liability
J. Hall denies the sons' motion for leave to join an additional party and remand to Richmond County state court a negligence and premises liability action against the convenience store arising after their mother was fatally shot on the premises. The sons failed to provide necessary citizenship information to sufficiently allege that the car wash owner is a Georgia citizen. The sons also could have discovered that the car wash owner shares the property where the mother was shot before filing the action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: December 28, 2023, Case #: 1:23cv69, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, premises Liability
J. Wicker finds the trial court erred in granting dilatory exceptions of prematurity to the health care provider and facility, which may have been negligent in allowing a psychiatric patient, admitted against his will, to open a third-story window and jump out, injuring him. The provider and facilities are not protected by Louisiana’s medical malpractice statute because the patient made no claims about his medical condition or treatment. Rather, the claims are based on professional training and competence, as well as the hazardous conditions of the facility. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-CA-132, Categories: negligence, Medical Malpractice, premises Liability
J. Powers finds that the lower court improperly found for a laborer struck by a car at a hotel construction site while an employee backed out of a parking spot at the request of a hotel valet. Questions of fact remain unresolved as to whether proper fencing had been placed around the area in which the laborer had been guiding equipment through the parking lot, or whether the hotel employee signaled his intentions to the equipment operator before moving his car. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: December 21, 2023, Case #: CV-22-2241, Categories: Construction, negligence, premises Liability
Per curiam, the Vermont Supreme Court finds that the trial court usurped the jury's role when it improperly granted the property owner judgment as a matter of law in a slip-and-fall action stemming from a tenant's fall on ice in the property owner's parking lot. The tenant established sufficient evidence for the jury to find that the property owner's negligent conduct caused her fall. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 21, 2023, Case #: 23-AP-177, Categories: Jury, negligence, premises Liability
J. Lioi grants Lowe's' motion for summary judgment on a shopper's premises liability claim, ruling the see-through nature of storage bins at its store rendered the stacked lead pipes an open and obvious danger. Although the shopper claims the storage devices required her to lift the metal pieces she purchased straight up and into the pipes' bin, any reasonable person would have understood the risk of striking the bins with the metal pieces; therefore, the displays did not impose a duty on Lowe's that could support the shopper's claims.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: December 11, 2023, Case #: 5:22cv160, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, premises Liability
J. Bender finds that the trial court properly granted a group of tenants’ motion for judgment on the pleadings regarding their liability for a fire loss purportedly caused by the tenants’ failure to monitor a lit candle. Because their landlord agreed to be responsible for the home insurance, the tenants are implied co-insureds on the policy and the insurance company cannot pursue a subrogation claim against them. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: December 4, 2023, Case #: J-A16024-23, Categories: Insurance, negligence, premises Liability
J. Leonard finds the circuit court properly ruled that a veterinarian hospital and a dog owner were not liable for a dog bite sustained by a hospital employee. The owner had transferred care to the hospital at the time of the bite and the employee could not prove negligence in this action or that the dog was known to be dangerous and the owner neglected to warn the employee. The hospital employee’s claims are also barred by the assumption of risk inherent with accepting employment at a pet hospital where animals are known to be unpredictable, even if the employee was inexperienced in animal care. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: November 28, 2023, Case #: CAAP-18-427, Categories: negligence, premises Liability
J. Zmuda finds the lower court properly granted the city's motion for governmental immunity and summary judgment on negligence claims filed by the swimmer injured at its pool. Testimony from the lifeguard on duty the day of the accident that he inspected all of the grates around the pool before it opened was sufficient to prove no physical defect existed at the time of the injury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 17, 2023, Case #: 2023-Ohio-4163, Categories: Immunity, negligence, premises Liability
J. Fuller finds that the trial court improperly refused to rule in favor of the foundation and the lessor in a premises liability and negligence action brought by a mother arising from her son's shooting death on a university campus. The lessor is an out-of-possession landlord and cannot be held liable for the son's death while visiting friends at student housing. Clauses in the lease requiring the lessor to provide utilities and make repairs do not establish a degree of possession or control that would subject the lessor to liability. Reversed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: November 17, 2023, Case #: A23A1199, Categories: negligence, premises Liability