123 results for 'cat:"Negligence" AND cat:"Premises Liability"'.
J. Moorer grants. in part, the Buc-ee’s convenience store chain’s motion for summary judgement and denies a uniform services company’s motion for summary judgement in this lawsuit brought by a customer that was allegedly injured in this trip and fall claim. Buc-ee’s fails to show any disputing evidence as to the employee’s tortious conduct of the negligence, recklessness and wantonness claims. The majority of the uniform company’s arguments seem to pertain to Buc-ee’s may owe a duty of defense or indemnification. Therefore, the remaining claims for trial are negligence and premises liability against Buc-ee’s and negligence against the uniform firm.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: November 9, 2023, Case #: 1:20cv538, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Indemnification, premises Liability
J. Stuart-Smith finds a lower court improperly dismissed a pregnant mother's claims of negligence against a hotel resort. The hotel resort argued that it is not liable for injuries she suffered while entering an outdoor pool. However, the expecting mother presented sufficient evidence in court that she slipped and fell in close proximity to the pool, which lacked treads. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart-Smith, Filed On: November 7, 2023, Case #: CA-2023-245, Categories: negligence, premises Liability
J. Quereshi denies Lowe’s motion for summary judgment in this personal injury suit brought by a customer who tripped and fell on a bag of soil. Another customer had left removed the bag from her car and leaving it by a display table earlier in the day. The customer’s injuries were not caused by the action of any Lowe’s employee, she jad seen the bag laying in the floor and was distracted by the display when she tripped over the bag. She fails to establish that a genuine issue of material fact exists.
Court: USDC Maryland, Judge: Quereshi, Filed On: November 7, 2023, Case #: 8:22cv1854, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, premises Liability
J. Doyle finds that the trial court properly ruled in favor of the assisted living facility in a premises liability and negligence action brought by the widow arising from injuries her husband suffered in a trip-and-fall incident which led to his death days later. The uneven pavement seam where the husband tripped was a readily observable static condition of which the husband and the owner had equal knowledge. Evidence that an employee of the facility had tripped in the area does not mean that the owner's knowledge of the hazard was superior to the husband's. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: November 3, 2023, Case #: A23A0883, Categories: negligence, premises Liability
J. Watkins finds that the trial court properly ruled in favor of the racetrack operator in a negligence and premises liability action brought by a mother arising from injuries her son suffered while he was a passenger in a racer's vehicle. The trial court correctly found that the son assumed the risk for his injuries and was aware of the danger of participating in the race, which involved vehicles attempting to ram boats which had been attached to other vehicles. The trial court correctly denied the mother's motion for spoliation based on a lack of waivers from non-party race spectators because the absence of the waivers had no bearing on whether the son assumed the risk of the race. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 1, 2023, Case #: A23A0878, Categories: negligence, premises Liability
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J. Quinn finds that the lower court properly granted summary judgment to the appellee drywall company in this suit brought by an installer who was struck by falling drywall. Nobody from the drywall company directed that the sheets of drywall be placed against a temporary railing, which allegedly gave way and allowed the drywall to fall. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: October 31, 2023, Case #: 07-23-00057-CV, Categories: negligence, premises Liability
J. Gobeil finds that the trial court properly denied the motel owner's motion for summary judgment in a negligence action brought by a guest arising from sex trafficking crimes committed against her on the motel's premises while she was a minor. The trial court correctly denied the motion as to the guest's negligence claim based on premises liability. Genuine disputes of fact exist as to whether the crime committed against the guest was reasonably foreseeable to the motel owner and whether the motel owner breached its duty of care by failing to take adequate security measures. However, the trial court incorrectly denied the motion for summary judgment with respect to the guest's nuisance and attorney fees claims. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 31, 2023, Case #: A23A0942, Categories: negligence, premises Liability
J. Watkins finds that the trial court properly ruled in favor of the entertainment complex in a negligence and premises liability action brought by the skater arising from injuries she suffered in a fall. The complex was a roller skating center for the purposes of the Roller Skating Safety Act of 1993. The trial court correctly found that the complex posted the necessary notices outlining the duties of skaters and spectators in accordance with the Act. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 30, 2023, Case #: A23A0754, Categories: negligence, premises Liability
J. Fischer finds the trial court improperly granted summary judgment to the property owners in this suit brought by parties injured in a dog attack occurring on their property. Though the property owners are not owners of the dog for purposes of certain state and federal laws, disputed issues of fact concerning whether the owners breached their duty preclude summary judgment as to common law theory of liability. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Fischer, Filed On: October 19, 2023, Case #: 117997, Categories: Tort, negligence, premises Liability
J. Carroll finds the trial court properly awarded a company owner summary judgement for a negligence claim by a visitor who slipped and fell on a snow-covered sidewalk outside his business. The visitor did not provide enough evidence that the company owner is sole owner to all companies housed in the building. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: October 13, 2023, Case #: 23-AP-129, Categories: negligence, premises Liability
J. Brown finds that the trial court improperly refused to find in favor of the restaurant in a premises liability and negligence action brought by the individual after he slipped and fell on paper towels. The individual failed to show that he lacked knowledge of the hazard represented by the paper towels on the bathroom floor. The individual successfully walked through the area with the paper towels on his way into the bathroom and the condition of the area was the same when he walked out. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 22, 2023, Case #: A23A1192, Categories: negligence, premises Liability
J. McFarland denies Walmart's motion for summary judgment, ruling that because photos of the puddle that caused the shopper to slip and fall demonstrate it was clear, it was not an open and obvious hazard the precludes liability, while Walmart also had notice of the puddle based on another shopper's fall just minutes before the one at issue.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:21cv580, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, premises Liability
J. Fuller finds that the trial court properly ruled in favor of the park authority in a premises liability and negligence action brought by an individual arising from injuries she suffered on a water slide. The individual has not shown that the park authority acted negligently by failing to enforce or warn her about the slide's weight restriction or that the alleged failure caused her foot, knee and hip injuries. There is also no evidence that the park authority had any knowledge that the water depth in the slide exit pool may have been unsafe at the time of the incident. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 20, 2023, Case #: A23A1023, Categories: negligence, premises Liability
J. Brown finds that the trial court improperly denied the companies' motion to dismiss an assault, battery, conspiracy, negligent hiring, premises liability, emotional distress and invasion of privacy action brought by an individual arising from injuries he suffered in a trip-and-fall incident as he was escorted out of his former place of employment. The individual voluntarily dismissed his first action against one of the companies. The other companies are in privity with that company and were parties to the second voluntarily dismissed action or the instant action. The two-dismissal rule therefore applies. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 13, 2023, Case #: A23A0680, Categories: negligence, Emotional Distress, premises Liability