69 results for 'cat:"Evidence" AND cat:"Tort"'.
J. Blacklock finds the court of appeals improperly ruled in favor of the family of a motorist who was killed in a multi-car pile-up caused by a truck driver. After a jury awarded the family over $15 million in noneconomic damages, the truck driver petitioned for judicial review, arguing that the evidence failed to support the amount of damages. The family failed to justify that they experienced the amount awarded to them based on the evidence of the case. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: June 16, 2023, Case #: 21-0017, Categories: evidence, tort, Wrongful Death
J. Kennedy finds that the lower court properly rendered a take-nothing judgment on the appellant's negligence claims stemming from a car collision. The appellant driver challenges the jury's answer as to the liability question, but the jury was entitled to "resolve conflicts and inconsistences in the testimony." The jury's negligence finding was supported by factually sufficient evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 8, 2023, Case #: 05-22-00819-CV, Categories: evidence, tort
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J. Carlyle finds that the lower court properly rendered a no-evidence summary judgment in favor of the owners of a car dealership in this premises liability case involving an alleged slip and fall. The customer failed to adequately respond to the owners' no-evidence motion. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 8, 2023, Case #: 05-21-01058-CV, Categories: evidence, tort
J. Arterburn finds the trial court properly granted summary judgment to Target in this slip-and-fall suit. The injured party testified to slipping and falling on the sidewalk outside Target after walking across purple “ice melt,” injuring her knee. She wasn’t sure whether or not there was ice where she slipped and a Target employee testified to possibly having already treated the area with ice melt. No evidence was shown that Target had actual or constructive notice of the potential non-visible ice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 6, 2023, Case #: A-22-805, Categories: evidence, tort, Negligence
J. Quereshi denies Washington’s Metro Transit Authority its motion for summary judgment following tort allegations brought by a passenger in a car that was sideswiped by an authority bus. The passenger still must present a physician’s expert opinion on her injuries and since that would effect the outcome of the trial, summary judgment is not appropriate at this stage.
Court: USDC Maryland, Judge: Quereshi, Filed On: May 30, 2023, Case #: 8:21cv1479, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, tort, Vehicle
J. Johnson finds that the district court should not have dismissed an injured driver's claims against the defendant driver's insurer. There are genuine issues on whether the insurer waived its affirmative defenses as to coverage because the driver submitted evidence to show that the insurer accepted liability for the accident in an email. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 24, 2023, Case #: 22-CA-370, Categories: evidence, Insurance, tort