215 results for 'cat:"Civil Procedure" AND cat:"Negligence"'.
J. Dillard finds that the trial court properly granted the insurer's motion to dismiss a negligence action brought by the driver arising from a car collision with an individual. The trial court also correctly denied the driver's motion for service by publication. There was a four-month delay between the expiration of the statute of limitations and the driver's motion. The driver failed to exercise the greatest possible diligence in attempting to serve the individual. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1244, Categories: civil Procedure, 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
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J. Brown finds that the district court should not have denied a plaintiff driver leave to amend his petition to assert direct negligence claims against the defendant driver's employer. In this case, the plaintiff driver did not know that the direct negligence claims existed before the corporate depositions of the employer's other employees took place. However, the plaintiff driver knew or should have known that his wife had a loss of consortium claim well before her deposition took place. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: January 10, 2024, Case #: 2023-C-0777, Categories: civil Procedure, negligence
J. Larsen finds the lower court properly granted the police officer's motion for summary judgment on the detainee's excessive force claim. At the time he threw the detainee to the ground, the detainee was aggressive, threatening, and resisting, which posed some threat to the officer and allowed him to use necessary force to take him to the ground. Meanwhile, the detainee's state-law negligence claims against the officer were properly dismissed. Under Tennessee law, if a negligence claim arises from conduct that implicates an individual's civil rights, it must be filed in a federal civil rights claim and is barred. Affirmed in part.
Court: 6th Circuit, Judge: Larsen, Filed On: January 9, 2024, Case #: 23-5189, Categories: civil Procedure, Civil Rights, negligence
J. McClendon finds that the trial court properly dismissed the claims of an amusement park patron who allegedly sustained injuries while riding a roller coaster when the safety restraint hit her in the jaw and knocked her out. The patron failed to raise a genuine issue of material fact as to the cause-in-fact element of her negligence claim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: December 29, 2023, Case #: 2023CA0675, Categories: civil Procedure, negligence
J. Henderson certifies a question to the court of appeals concerning a case in which the metro transit authority argues a person who suffered a fatal fall from a train platform was a trespasser, not a passenger, when he fell over the retaining ledge and, therefore, it was not required to render aid. The question of the decedent's status and, thus, the transit authority's duty of care, has no controlling precedent from the D.C. Court of Appeals.
Court: DC Circuit, Judge: Henderson, Filed On: December 29, 2023, Case #: 22-7154 , Categories: civil Procedure, Tort, negligence
J. Hester finds that the trial court improperly dismissed the inmate's claims against the doctor over the alleged denial of medical care that led to severe injuries. The doctor's exception of prematurity was incorrectly sustained since he did not give evidence that he was immune from suit "as a qualified health care provider" under the Louisiana Medical Malpractice Act for the relevant period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: December 27, 2023, Case #: 2023CA0646, Categories: civil Procedure, Health Care, negligence
J. Trauger denies the air conditioning company's motion to compel arbitration but grants its motion for leave to amend its answer and assert a counterclaim in this negligence lawsuit stemming from the installation of an HVAC unit. The proposed amendment was not "unduly delayed," and the court does not see the possibility of prejudice. As to arbitration, there is a fact issue as to whether the customer had notice of the provision.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 21, 2023, Case #: 3:23cv642, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Arbitration, civil Procedure, negligence
J. Shanker upholds the lower court's order compelling a driver to answer questions during a car collision-related case that her attorney had instructed her not to answer and imposing $6,400 in sanctions. The attorney violated civil rules of procedure by instructing his client to refuse to answer certain questions, and the driver fails to show the sanctions were improper. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: December 14, 2023, Case #: 22-CV-0624 , Categories: civil Procedure, Sanctions, negligence
J. Mays denies the plaintiff delivery driver's motion for a new trial in this negligence lawsuit alleging that he was injured at the defendant company's warehouse when he was there picking up a delivery and fell off a loading dock. The jury found in favor of the defendant company, and the verdict was not against the weight of the evidence. Also, the admission of a demonstration video does not entitle the driver to a new trial.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 14, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Evidence, negligence
J. Vinci finds that the trial court properly dismissed claims contending a nursing home failed to prevent a resident from developing fatal pressure wounds because the estate failed to provide an appropriate affidavit of merit and referred generally to nursing staff while indiscriminately combining staffs from two separate facilities. Meanwhile, administrative negligence claims had been abandoned on appeal. Affirmed.
Court: New Jersey Appellate Division, Judge: Vinci , Filed On: December 11, 2023, Case #: A-2036-22, Categories: civil Procedure, negligence
Per curiam, the court of civil appeals finds that the lower court improperly dismissed the appellant's personal injury lawsuit against the City of Birmingham, allegedly stemming from a fall on a city sidewalk. The court notes that the city attorney acknowledged receipt of the injured pedestrian's affidavit-of-claim form, which was mailed to "the address supplied by the City." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 8, 2023, Case #: CL-2023-0392, Categories: civil Procedure, Tort, negligence
J. Brown finds that the trial court properly dismissed a renewal action brought by a driver against a teenager arising from a car collision. The trial court correctly found that the driver failed to properly serve the teen and the teen's parent with a copy of the summons and complaint in the original action. Since service was not perfected in the original action, the suit was not a valid action when it was voluntarily dismissed by the driver. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 8, 2023, Case #: A23A1328, Categories: civil Procedure, negligence
J. McCaffery finds that the trial court improperly granted summary judgment in favor of a construction business owner in this negligence action in which a former employee seeks damages for a work-related injury suffered while operating a skid loader. The record contains genuine issues of material fact concerning whether the construction company owner is statutorily immune from liability under the Pennsylvania’s Workers’ Compensation Act. Reversed.
Court: Pennsylvania Superior Court, Judge: McCaffery, Filed On: December 7, 2023, Case #: J-E01001-23, Categories: civil Procedure, Employment, negligence