111 results for 'cat:"Damages" AND cat:"Negligence"'.
J. Lazar finds the circuit court properly ruled in favor of the town and the town's insurance company in a lawsuit a citizen filed after he broke his clavicle in a bicycle crash on what he claims was a negligently maintained town road. The circuit court correctly determined that the citizen's lawsuit, filed 11 months after he first filed a claim with the town, is barred by a six-month statute of limitations. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: August 16, 2023, Case #: 2022AP000198, Categories: Civil Procedure, damages, negligence
J. Talwani denies summary judgment to a homeowner hosting an estate sale on her argument that a visitor, who was injured when she fell down a step in an “off limits” family room, was more than 50% responsible for her accident and therefore barred from recovery. While the homeowner correctly describes the effect of Massachusetts’s comparative negligence statute, her assertion is premised on the disputed claim that her couch, pillows and tape effectively blocked the space between the hallway and family room.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 4, 2023, Case #: 1:21cv11656, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, damages, negligence
J. Gordo finds that the trial court properly dismissed the homeowner’s motion against the power company for punitive damages after they accidentally put a powerline on his property. The homeowner failed to show the misconduct was intentional. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 2, 2023, Case #: 3D22-1534, Categories: damages, negligence
J. Kyzar finds that the trial court properly granted a judgment notwithstanding the verdict and awarded $363,626 in damages to the emergency medical technician on her personal injury claim over a shoulder injury that occurred when a nurse suddenly stopped the stretcher she was pulling. The evidence supports the jury's determination that the nurse was negligent but also shows that the jury erred by not finding the incident was the "cause-in-fact" of the EMT's injury. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: July 26, 2023, Case #: CA-22-749, Categories: Civil Procedure, damages, negligence
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J. Thierry finds that the trial court properly granted the plaintiff driver and his wife judgment notwithstanding the verdict regarding the issues of liability and damages in an auto accident case. The evidence and applicable law showed the defendant driver should have been deemed fully at fault for the plaintiff driver's injuries. Also, the jury's award of nothing for future damages "ignores the overwhelming evidence" in favor of the plaintiff driver. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: July 12, 2023, Case #: CA-22-712, Categories: Civil Procedure, damages, negligence
J. Bourliot finds that the trial court properly awarded the auto upholstery business $5.8 million in its suit against the electric utility over a fire that caused significant property damage. The utility's jurisdictional challenge is without merit, and the evidence supports the finding that its negligent maintenance of an electrical transformer caused the fire. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: July 6, 2023, Case #: 14-20-00250-CV, Categories: Evidence, damages, negligence
[Consolidated.] J. Barnes finds that the trial court improperly granted Samsung's motion to set aside a default judgment in favor of the individual in a negligence and product liability action arising from injuries the individual suffered when the battery in his e-cigarette exploded in his pocket. The individual was awarded $10.8 million in damages. The trial court incorrectly construed the lack of a complete record on damages in the case against the individual and shifted the burden of proof off of Samsung. Vacated.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: June 30, 2023, Case #: A23A0452, Categories: damages, negligence, Product Liability
[Consolidated.] J. Carney finds that the district court improperly found a chemical manufacturer and a shipper wholly responsible for cargo losses after an explosion and fire damaged a vessel carrying divinylbenzene, or DVB-80, from the U.S. to Belgium. Those parties were liable to the ship's owner and operator for damages under a failure-to-warn theory, but they should not have been held solely liable under sea carriage rules since the operator, which previously dealt with DVB, was aware of its "general dangerousness." Reversed in part.
Court: 2nd Circuit, Judge: Carney, Filed On: June 30, 2023, Case #: 18-2974(L), Categories: Admiralty, damages, negligence
J. McCallum finds that the court of appeal should not have reduced the general damages awarded to the minor victim of a sexual assault. The jury properly assessed the damages amount based on the victim being an eight-year-old special education student being sexually assaulted during a camp by a fourteen-year-old child who was on probation for aggravated sexual assault. The victim's father testified that the victim has not been the same since the incident, began to struggle with anger and "has a lot more negativity." Further, an expert testified that the victim was afraid, nervous, and anxious and has suffered post-traumatic stress disorder as a result of the sexual assault. Reversed in part.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: June 27, 2023, Case #: 2022-C-00961, Categories: Evidence, damages, negligence
J. Forst finds that the trial court improperly granted plaintiff leave to add punitive damages in claims contending her employer negligently hired a coworker who "brushed" against plaintiff's parked car with his vehicle after admittedly having a few drinks at lunch, as plaintiff failed to demonstrate the "dealership managing agent" was negligent in hiring her coworker. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 21, 2023, Case #: 4D22-2507, Categories: Employment, damages, negligence
J. Miller finds that the trial court properly awarded the customer $474,000 in compensatory and punitive damages in a negligence action against the Hardee's restaurant owner arising after the customer suffered a severe allergic reaction from eating mushrooms. The trial court's jury charges covered the same legal principles underlying the charge requested by the owner. The trial court correctly denied the owner's motion for a directed verdict on punitive damages because there was evidence the customer told the restaurant staff about his allergy at least four times, that the owner did not train employees on allergen and cross-contamination procedures and that the staff reassured the customer that his food would not contain mushrooms. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 9, 2023, Case #: A23A0020, Categories: Jury, damages, negligence
J. Jewell finds, in an auto accident case, that the county was immune from the claims against it except for the accused driver's counterclaim for damages, to the extent that it offsets the county's recovery on its claim against him. Immunity applies to the intervening parties’ claims, and there was no waiver of immunity since the deputy acted in good faith in making the u-turn that led to the crash. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: June 1, 2023, Case #: 14-22-00367-CV, Categories: Immunity, damages, negligence
J. Cavanagh finds that the trial court improperly granted a driver summary judgment after he hit and injured two people in another car because his insurer’s decision to rescind the policy post-accident did not allow the driver to avoid liability for non-economic damages. Affirmed.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: May 31, 2023, Case #: 163116, Categories: Insurance, damages, negligence
J. Sorokin grants an individual's motion for partial summary judgment on her claims against an eye center for surgery she underwent in 1986. New York law applies and, therefore, the cap on damages under Massachusetts law does not apply, as New York's contacts and interests outweigh those of Massachusetts in this case.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: May 23, 2023, Case #: 1:18cv10353, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: damages, negligence, Choice Of Law