215 results for 'cat:"Civil Procedure" AND cat:"Negligence"'.
J. Wilson finds that the trial court improperly ruled in favor of the accused driver and insurer in a suit stemming from an accident in which a minor was trying to retrieve a ball when she was hit by a car. The evidence creates a genuine issue of material fact regarding the comparative fault of the parties and whether the accused driver was negligent. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: November 29, 2023, Case #: CA-23-286, Categories: civil Procedure, negligence
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. Richardson denies the waste management defendants' dismissal motion in this lawsuit brought by the City of Murfreesboro, Tennessee, over the alleged mismanagement of a landfill. The complaint sufficiently alleges a "compensable injury or loss" to support the city's negligence claim.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: November 28, 2023, Case #: 3:22cv605, NOS: Torts to Land - Real Property, Categories: civil Procedure, Environment, negligence
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J. Kennedy finds that the lower court improperly entered an order partially denying the appellant engineering firm's chapter 150 dismissal motion in this suit allegedly involving a highway construction project and a head-on collision. The order preserved the negligence claims relating to an alleged failure to remove the original lane markings, but all of the claims against the engineering firm should be dismissed, as the claims concerning an inspection of the work site are subject to chapter 150. The case is also remanded to determine whether dismissal should be with or without prejudice. Reversed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: November 27, 2023, Case #: 05-23-00562-CV, Categories: civil Procedure, negligence
J. Wolford temporarily stays claims contending plaintiff was injured after a vehicle being driven by an employee of Trion Solutions collided with plaintiff's vehicle, which caused both cars to crash into a tractor-trailer, because the case had been timely removed.
Court: USDC Western District of New York, Judge: Wolford , Filed On: November 20, 2023, Case #: 1:23cv574, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, Insurance, negligence
J. Theriot finds that the trial court properly dismissed the auto accident claims against one of the accused parties based on prescription. Though, the claims against the other defendants should not have been dismissed since they did not assert the exception of prescription. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: November 16, 2023, Case #: 2023CA0425, Categories: civil Procedure, negligence
J. Firko finds that the trial court properly ruled against a church accused of allowing the sexual abuse of plaintiff, a then-minor, by her paternal grandfather, a church elder. A 1994 action sought damages for harm directly caused by the grandfather, and while the current action alleges the church allowed a known child abuser to serve as an elder, the Child Victims Act was intended to resurrect older claims. Affirmed.
Court: New Jersey Appellate Division, Judge: Firko , Filed On: November 15, 2023, Case #: A-1779-22, Categories: civil Procedure, negligence
J. Stabile finds that the lower court properly sustained the preliminary objections of a methadone clinic that gave a driver a larger-than-normal dose of methadone prior to his hitting a runner, who suffered fatal injuries. Given the lack of foreseeability of the runner’s death, his estate failed to state a claim against the clinic for public endangerment. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 14, 2023, Case #: J-A11004-23, Categories: civil Procedure, negligence, Wrongful Death
J. Welch finds that the lower court properly ruled in favor of the state agency in a visitor's suit over injuries that occurred in its office when the chair she was in collapsed. The evidence did not show that the agency had "actual or constructive notice of the defect in the chair" or that it failed to timely take corrective action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: November 9, 2023, Case #: 2023CA0412, Categories: civil Procedure, negligence
J. Wolfe finds that the trial court properly ruled in favor of the inn owner in a customer's suit over a slip and fall in the parking lot that resulted in a leg fracture. There is no proof that the wet parking lot stripes constituted an unreasonably dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 7, 2023, Case #: 2023CA0280, Categories: civil Procedure, negligence
J. Reichek finds that the lower court properly granted the hospital district's plea to the jurisdiction in this personal injury lawsuit arising from an alleged trip and fall incident near an elevator. The pro se appellant failed to file a brief that complies with the procedural rules, and her arguments on appeal are "unclear." Accordingly, she preserved nothing for appellate review. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: November 1, 2023, Case #: 05-22-01287-CV, Categories: civil Procedure, negligence
J. Chaney finds the lower court properly dismissed a personal injury suit. Because the driver of a vehicle that collided with complainant’s vehicle died before the complainant filed her action, the lower court determined the decedent was not a proper party to the suit. A representative for the decedent filed a plea-in-bar, and the lower court granted it, as the time for the complainant to amend to substitute a personal representative for the decedent and for filing a personal injury action had expired. Affirmed.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: October 31, 2023, Case #: 0104-22-3, Categories: civil Procedure, negligence
J. Dato finds that the trial court mistakenly held that a bankruptcy trustee's abandonment of a property after a visitor was injured there protected her from liability for the visitor's injuries. The abandonment retroactively reverted title and possession to the debtors but it did not operate retroactively for the purpose of establishing liability. And the Barton rule does operate to deprive the trial court of jurisdiction. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 19, 2023, Case #: D080534, Categories: Bankruptcy, civil Procedure, negligence
J. Johnson finds that the trial court properly refused to dismiss property owners' claims stemming from an inaccurate survey that did not show retaining walls that had been built onto neighboring lots. A certificate of merit was not required in this case since the accused parties that performed the survey were not "licensed or registered surveyors." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 19, 2023, Case #: 10-22-00378-CV, Categories: civil Procedure, Property, negligence
J. Chase finds that the trial court properly granted the sheriff's office's motion to dismiss an inmate's negligence action. In this case, no steps were taken by either party from April 8, 2019, to June 29, 2022. Therefore, the inmate's suit was abandoned. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 17, 2023, Case #: 2023-CA-0089, Categories: civil Procedure, negligence
J. Benavides conditionally grants in part the relators' petition for a writ of mandamus, in which they challenge certain rulings in the underlying negligence case to grant a protective order and to quash their discovery requests. The lower court abused its discretion as it relates to certain "school and day care records," as well as certain counseling records. Additionally, there is no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: October 12, 2023, Case #: 13-23-00354-CV, Categories: civil Procedure, negligence, Discovery