144 results for 'cat:"Negligence" AND cat:"Contract"'.
J. Neeley finds the trial court improperly entered a proposed judgment by a beauty supply company's bookkeeper. The company terminated the bookkeeper and entered into a separation agreement before filing suit for breach of contract and negligent misrepresentation, accusing the bookkeeper of embezzling more than $600,000. Certain testimony is the only record evidence of the agreement and, therefore, no contract exists. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: December 14, 2023, Case #: 12-23-00050-CV, Categories: negligence, contract
[Consolidated.] J. Brown finds that the trial court should not have found for the company that was hired to exercise a horse that collided with a jockey at a racetrack while practicing, injuring the jockey and the jockey's horse. In this case, there was no motion for summary judgment under consideration when the trial court granted summary judgment in favor of the company. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 13, 2023, Case #: 2023-CA-0333, Categories: negligence, contract
J. Sabraw rules that a consumer may pursue negligence claims against Wells Fargo for allegedly failing to protect his money by depleting his accounts without warning. The economic loss doctrine does not apply because the consumer has alleged that he suffered damages beyond loss of money. Specifically, he alleges he spent time at the bank attempting to learn how his accounts were depleted and suffered anxiety because the money that was depleted was being saved in case of future medical necessities.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: December 1, 2023, Case #: 3:23cv617, NOS: Other Contract - Contract, Categories: negligence, Banking / Lending, contract
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[Consolidated] J. Stiglich finds the trial court properly denied the developer's motion to set aside sanctions in its contract action against a gas station owner. The developer failed to comply with discovery requests and court orders for 3 years and it did not oppose or appeal but moved to set aside the sanctions based on an argument of excusable neglect arising from its lawyer's mental health issues. The trial court appropriately set forth case law factors involving relief for excusable neglect and properly found that orders of dismissal are not prospective within the meaning of the cited excusable neglect rule. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 30, 2023, Case #: 83640, Categories: Sanctions, negligence, contract
J. Schlegel finds that the trial court properly determined that a condominium owner's claims against the attorneys who represented the condominium association in a prior case had prescribed. The condominium owner's claims do not arise from alleged legal malpractice but are based on negligence or intentional torts. Therefore, the peremptive period for legal malpractice claims does not apply. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: November 29, 2023, Case #: 23-CA-118, Categories: Civil Procedure, negligence, contract
J. Love finds that the trial court properly found for an elevator maintenance company on a trip and fall claimant's allegation that her injuries were caused by un-levelling issues with the elevator. In this case, the company met its duty of care in the performance of its services under its contract with the parking garage where the trip and fall occurred. There was no evidence to show that the company's monthly maintenance fell below the duty of care owed. Further, there was no evidence presented that the company knew or should have known of any alleged misleveling defect with the elevator. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: November 17, 2023, Case #: 2023-CA-0076, Categories: negligence, contract
J. Rochon denies the cleanroom manufacturer's motion to strike the purchaser's request for a jury trial in this contract dispute over a $2.6 million deal for the construction of two cleanrooms used for the construction of electronics. In addition, the manufacturer allegedly charged an additional $1 million to the company's credit card for purchases unrelated to the contract. The company may pursue an unjust enrichment claim separate from its breach of contract claim for these unauthorized credit card charges.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 9, 2023, Case #: 1:23cv2082, NOS: Other Contract - Contract, Categories: negligence, Business Practices, contract
J. Tabor grants a staffing company summary judgment in claims brought after a forklift operator damaged the floor of a storage facility and the lift by knocking over a beam because the parties' clear contract barred negligence claims based on employee performance from being brought against the staffing provider.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: November 8, 2023, Case #: 22-1184, Categories: Employment, negligence, contract
J. Xinis grants the school and host parent’s motion to dismiss this negligence and contract dispute brought by the parents of an exchange student, who say the student was sodomized by his host parent. The parents fail to make a plausible liability theory of negligence or state any facts which support the existence of an implied-in-fact contract. The parents’ motion for leave is granted to cure any defects as to the school only in their amended complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: November 1, 2023, Case #: 8:22cv3117, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, contract
J. Crabtree grants an insurance company's motion to dismiss contract and negligence claims brought by a consumer who bought a homeowners' insurance policy. The insurance company sufficiently showed in court the insurer's employee cannot be sued for negligently managing the homeowner's claim based on her non-party status to the policy.
Court: USDC Kansas, Judge: Crabtree, Filed On: October 20, 2023, Case #: 2:23cv2357, NOS: Insurance - Contract, Categories: Insurance, negligence, contract
J. Duffin denies the nutritional supplement company's motion to reconsider a previous decision dismissing all the claims in its lawsuit against the packaging manufacturer over defective packaging it provided for the company's products. The decision will not be reconsidered because it is too late for the arguments the company now brings, for the first time, against the court's finding that the majority of its claims were time-barred under statutes of limitations in New York, Florida and Texas. Because the company's motion to reconsider is denied, the manufacturer's motion to file a sur-reply is also denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 19, 2023, Case #: 2:23cv305, NOS: Other Contract - Contract, Categories: negligence, Warranty, contract
J. Stickman allows Estes Express Lines to pursue secondary environmental tort claims contending U.S.A. Lamp and Ballast Recycling failed to pay cleanup costs for a mercury spill that occurred at Estes' trucking terminal due to the improper storage and packing of hazardous material. Estes provided evidence that additional cleanup costs had been incurred under the comprehensive environmental response, compensation and liability act, which allows plaintiffs to pursue identical claims against the same defendant in subsequent litigation based on additional test results and future cleanup costs.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: October 19, 2023, Case #: 2:23cv1228, NOS: Environmental Matters - Other Suits, Categories: Environment, negligence, contract
J. Doyle finds that the trial court improperly denied the condo association's motion for summary judgment in a negligence, breach of contract and nuisance action brought by the individual arising from property damage which allegedly resulted when soot and exhaust infiltrated her condo unit from a diesel-powered generator. The trial court incorrectly ruled without first determining the admissibility of testimony from two of the individual's experts pursuant to the association's motion to strike the testimony. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 17, 2023, Case #: A23A0933, Categories: negligence, Experts, contract
J. Lewison finds a lower court properly dismissed a tenant's contract claims against a property owner. The tenant argued that the property owner wrongfully denied it a new lease, in violation of the Landlord and Tenant Act. However, the property owner sufficiently showed in court that the tenant failed to timely pay rent and refused to maintain the premises. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: October 12, 2023, Case #: CA-2023-285, Categories: Landlord Tenant, negligence, contract
J. Winmill grants a medical equipment manufacturer's motion to dismiss a hospital's allegations that a machine that detects prostate cancer malfunctioned, giving incorrect results for some patients. The hospital seeks to recoup medical expenses it paid for patients whose results were incorrect. The hospital has not shown the existence of any contract terms beyond the agreement to purchase the machine or shown how the company breached the contract. The hospital has not provided facts to allege whether the machine malfunctioned or was defectively installed. The hospital is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 3:22cv382, NOS: Contract Product Liability - Contract, Categories: negligence, Product Liability, contract
J. Johnson finds that the district court should not have found for a go-kart track owner on a patron's action arising out of injuries sustained in a go-kart collision. There is a genuine issue of material fact as to whether the track owner's failure to enforce their safety policy regarding certification of previous karting experience for prospective operators under the age of 15 was an act or omission that constitutes willful disregard. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 23-CA-17, Categories: negligence, contract
J. Lucas finds that the trial court improperly granted a homeowners' association dismissal of negligence claims contending that work on a drainage ditch caused foundation issues to plaintiffs' homes because plaintiffs established that work performed on the ditch substantially caused the damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: September 27, 2023, Case #: 2D22-3068, Categories: Property, negligence, contract
J. Thrash grants the security company's motion to dismiss a fraud, negligence and breach of contract action brought by the jewelry store after the company failed to notify the store or police when thieves set off an alarm and stole jewelry. The store's breach of contract and negligence claims are barred by the exculpatory provision in the contract. The store failed to properly state claims for negligence or fraudulent misrepresentation under Georgia law.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:23cv556, NOS: Other Contract - Contract, Categories: Fraud, negligence, contract
J. Karas grants an insurance company’s motion to dismiss. A consumer was awarded damages associated with an incident where an electronic cigarette battery arced when it came into contact with coins in the consumer’s pocket, causing injury. The consumer alleges breach of contract because the electronic cigarette company’s insurance company has not paid, but the insurance company argues that a products exclusion clause excludes coverage for all bodily injury occurring away from the premises. Because the consumer did not respond to the insurance company’s argument, the consumer abandoned the claim. Dismissed.
Court: USDC Southern District of New York, Judge: Karas, Filed On: September 22, 2023, Case #: 7:22cv8928, NOS: Insurance - Contract, Categories: Insurance, negligence, contract