1,068 results for 'cat:"Tort"'.
J. Zahn finds the trial court properly dismissed this fraud suit alleging the lawyer’s wife hindered the injured motorcyclist in his efforts to collect on a $5 million judgment arising from the lawyer’s alleged malpractice by his unsuccessful representation in an injury suit. The lawyer moved to Florida after the motorcyclist’s attorney threatened to foreclose on his California home. The lawyer’s wife acted in good faith after he transferred a house to her during divorce proceedings. Her lack of knowledge of the judgment is supported by substantial evidence. The wife established the affirmative defense set out in California Civil Code. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 22, 2023, Case #: 49136, Categories: Fraud, Property, tort
J. Brian finds that the lower court improperly ruled, finding there is not enough evidence showing a homeowner is negligent in regards to his front porch steps that a postal man claims were a dangerous hazard when he delivered mail and broke his hip. Reversed.
Court: Alabama Supreme Court, Judge: Brian, Filed On: May 19, 2023, Case #: SC-2022-0560, Categories: Property, tort, Negligence
J. Lambert finds the trial court improperly denied the county's motion to dismiss a lawsuit involving a contract dispute with a construction company over the building of a fire station. The trial court's order was "a departure from the essential requirements of the law" because the terms of the parties' contract holds that administrative dispute resolution procedures must be exhausted before any lawsuits can be filed. Because those procedures have not been exhausted, the county's petition for writ of certiorari is granted and the order denying its motion to dismiss is quashed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 19, 2023, Case #: 22-2883, Categories: tort, Contract
J. Huddle finds the court of appeals properly ruled in a case filed by a Texas resident against LG Chem America after an electronic cigarette battery exploded in his pocket. After the court of appeals denied LG’s motion for a special appearance, the chemicals company petitioned for review, arguing that the state may not exercise personal jurisdiction over it. Because the company sold and distributed the same battery that malfunctioned in the state, the lower courts properly exercised personal jurisdiction over LG. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 19, 2023, Case #: 21-0994 , Categories: Corporations, tort, Jurisdiction
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Per curiam, the appeals court finds the trial court improperly ordered a new trial in the two drivers' lawsuit over a car accident. The trial court's cited reasons for ordering a new trial, including because of what it considered defense counsel's cumulatively prejudicial statements to the jury referring to the age of the 65-year-old truck driver in the accident with their client and questions about the truck driver's Medicare coverage, do not rise to the level of prejudice necessitating a new trial. The order granting a new trial is overturned and the jury's verdict is reinstated. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 19, 2023, Case #: 23-0019, Categories: Jury, tort, Vehicle
J. De Santos denies writ relief to the county in a car collision case who wanted a driver to undergo a neuropsychological examination but also wanted to bar the driver's attorney from viewing the raw test data and related materials. The trial court was within its discretion to order that the driver's counsel have access to the data, even if that meant no licensed psychologist would comply without violating professional obligations to shield such results from non-psychologists.
Court: California Courts Of Appeal, Judge: De Santos, Filed On: May 18, 2023, Case #: F084849, Categories: Evidence, tort, Experts
Per curiam, the appellate division finds that the lower court improperly dismissed a third-party claim for common-law indemnity in this insurance dispute related to a worker's injury. The university, which was found liable for the injury under New York labor law, adequately pleaded a claim against the tool company for indemnity. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 18, 2023, Case #: 02738, Categories: tort, Indemnification
J. Harris finds that a sheriff's office is not immune to a wrongful death action over the suicide of a pretrial detainee. The tort immunity waiver for injuries due to the negligent operation of a jail applies to the death. The exception to the waiver for detainees who have been convicted does not apply because the decedent was incarcerated for violating a protection order but had not yet been convicted of the violation. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: May 18, 2023, Case #: 21CA0370, Categories: tort, Immunity, Wrongful Death
[Consolidated.] J. Egan finds that the lower court properly declined to vacate garnishment of a retired police officer's pension under the Son of Sam Law because the officer, who was serving time for severely injuring a man in a shooting and killing the man's son, already litigated and lost a personal injury award of more than $1 million against his pension, and his contention that turnover proceedings had to be initiated for garnishment to occur lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 18, 2023, Case #: 534326, Categories: Pensions, tort, Damages
J. Clark finds that the lower court properly declined to find for the county in claims concerning oversight of two children in foster care. Questions of fact remain unresolved as to whether the county looked into previous safety complaints from the children's father before his son was struck in the eye by a rock propelled by a riding mower as he played nearby. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 18, 2023, Case #: CV-22-1964, Categories: Family Law, tort
J. Swinton finds the trial court improperly dismissed this negligence suit in its entirety, arising from a vehicle accident and injury. The at-fault driver was acting in the course of his employment with the political subdivision's community services, and the suit is properly dismissed against the individual. Yet, the community services company has not presented evidence that it was a designated community action agency at the time of the alleged injury; and the injured party’s affidavit indicates the community’s insurance agent told her she had two years to file, lulling her into giving untimely notice of her tort claim. Questions of fact remain as to whether the community is estopped from challenging liability on that basis. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Swinton, Filed On: May 18, 2023, Case #: 120367, Categories: tort, Vehicle, Due Process
J. Harrison finds the Workers’ Compensation Commission properly awarded the teacher permanent disability benefits for a 4% impairment to her cervical spine and 5% wage-loss disability arising from a slip and fall on a wet ramp as she helped children to the school bus. A neuropsychological evaluation stated that “the overall pattern of the … evaluation is not compatible with a traumatic brain injury.” This is sufficient to show that the teacher did not suffer a permanent brain impairment. The district’s argument that the wage loss award is time-barred, claiming that the teacher’s injuries were not incurred on the date in question, is moot. Affirmed on appeal and cross-appeal.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 17, 2023, Case #: CV-22-413, Categories: Employment, Health Care, tort
J. Houston rules that a former San Diego State University student who was part of a fraternity may pursue negligence claims against university officials for allegedly falsely accusing him of participating in hazing. The individuals are not entitled to immunity because the former student has sufficiently alleged that they accused him of hazing despite knowing that there was no evidence to support the accusations, which supports "an intent to deceive."
Court: USDC Southern District of California, Judge: Houston, Filed On: May 17, 2023, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Education, tort, Negligence
J. Dorsey denies Hertz’s motion to bifurcate the trial arising from a collision in the rental car return area at the Las Vegas airport. The drivers involved have settled with each other, with the not-at-fault driver filing against Hertz saying that the design of the return area was a proximate cause. There is significant overlap between the evidence on liability and damages. Any potential for prejudice does not warrant bifurcation. Hertz will be allowed to file excess pages as the driver has failed to show prejudice by the disparity in page count.
Court: USDC Nevada, Judge: Dorsey, Filed On: May 17, 2023, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: tort, Vehicle, Negligence
J. Arterburn finds the district court properly granted summary judgment to the restaurant named in this negligence suit arising from a trip and fall on a sidewalk outside the business, resulting in a broken hip. The injured party failed to meet her burden to prove that a dangerous condition on the sidewalk was the proximate cause of her fall and injuries. No evidence was shown by which a reasonable jury could infer the existence of the alleged dangerous condition. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 16, 2023, Case #: A-22-683, Categories: Evidence, tort, Negligence
J. Page dismisses a pro se appeal of a man's motion for a new trial after a jury found for the accused on claims that the accused caused $44,000 worth of damage to his classic car, a 1980 Chevy El Camino. The man's inability to obtain location data from the accused's phone in discovery does not entitle him to a new trial.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: May 16, 2023, Case #: ED111018, Categories: tort, Discovery