2,030 results for 'cat:"Negligence"'.
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Police Misconduct
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant’s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Damages, negligence
J. Wood partially grants the county administrator's, the county's, the ambulance service's and the 911 dispatchers' motions to dismiss a wrongful death and negligence action brought by a widow after her husband went into cardiac arrest and died from an anoxic brain injury. An ambulance did not arrive in response to the widow's 911 calls. The widow's state law claims against the county and other parties in their official capacities are barred by sovereign immunity. However, the widow's claim that the dispatchers deliberately lied in telling her an ambulance would arrive is enough to show an intent to cause harm and a violation of the husband's rights. The widow also sufficiently alleged a causal connection between the supervisors' conduct and the violation of the husband's rights.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 2, 2024, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Due Process, Wrongful Death
J. Farbiarz rules against a mechanic in claims contending he was injured in a fire that began at an auto repair shop due to oil in a drip pan because evidence did not indicate that placing the drip pan under the car or pushing the pan would have caused the fire, and the shop owner had simply panicked when he poured windshield wiper fluid on the mechanic to douse the flames.
Court: USDC New Jersey, Judge: Farbiarz , Filed On: May 2, 2024, Case #: 2:21cv17366, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence
J. McEvers finds that the district court properly denied a motion to alter or amend judgment in a matter involving a second amended judgment following a complaint for negligence from an oil rig explosion. The individual was properly determined to be the prevailing party in the action. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND85, Categories: Employment, negligence
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J. Elrod finds the district court improperly dismissed the flight attendants' injury claims as time-barred. The Texas Supreme Court answers certified questions confirming that certain civil practice and remedies code applies to invoke a prior district court’s subject matter jurisdiction with proper pleading. The code applies here where the Dallas district court dismissed the previous action for lack of jurisdiction and this second action was filed within 60 days after the flight attendants exhausted all appeals from that dismissal. Reversed.
Court: 5th Circuit, Judge: Elrod, Filed On: May 2, 2024, Case #: 22-20317, Categories: Employment, Tort, negligence
J. McShan finds that the lower court improperly dismissed claims brought after a bicyclist was hit by a car while exiting a bike path. The cyclist admitted he failed to make a full stop at a stop sign located on the path before he entered the intersection, but questions of fact remain unresolved as to whether the driver should have seen the bicyclist as she made a left-hand turn. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 2, 2024, Case #: CV-23-1540, Categories: Vehicle, negligence
J. Bennett finds that the trial court properly found for the city in claims contending plaintiff tripped and fell over uneven sidewalk because neither evidence nor expert testimony indicated the city had constructive notice of the dangerous condition. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: May 2, 2024, Case #: M2023-00736-COA-R3-CV, Categories: negligence
[Consolidated.] J. Baltodano holds that the trial court must revisit the restitution claims of four commercial fishers who argue they lost revenue due to a crude oil spill. Neither a mediated civil settlement nor a class action lawsuit bar restitution for commercial fishers who demonstrate direct financial losses from the criminally unlawful discharge. However, the trial court properly denied restitution to oil platform employees who relied on the oil industry since the income they lost when the pipeline shut down made them only indirect victims. Reversed in part.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: May 2, 2024, Case #: B315256, Categories: Restitution, Environment, Criminal negligence
J. Adams denies, in part, a freight company and its truck driver’s motion for partial summary judgment in this motor vehicle collision stemming from the truck driver hitting another vehicle driven by a motorist. The motorist alleges negligent and wanton hiring, training, supervision, maintenance and entrustment against the freight company and negligence and wantonness violations for rules of the road regarding the driver. There is in fact a genuine issue of the driver’s actions, but the motorist fails to present any evidence on her claims against the freight company. The Alabama Uniform Traffic Crash Report has been struck in favor of the company and driver.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: May 2, 2024, Case #: 3:23cv137, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, negligence
J. Wright finds the trial court properly entered summary judgment in favor of the wind turbine manufacturer. The dock worker fell from a man basket while unloading turbine blades from a ship and claims the manufacturer's negligent right of control over the details of the work led to his injury. The contract established the worker's employer was an independent contractor on the jobsite. The worker failed to meet his burden to establish the manufacturer controlled or had the right to control the work he was performing. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: May 2, 2024, Case #: 09-21-00177-CV, Categories: Tort, negligence, Contract
J. Gremillion finds that the trial court improperly found that the Calcasieu Parish Police Jury (CPPJ) was not at fault for a tree falling on a truck and killing the passenger. Dr. Frederick Fellner, an urban forester, submitted an affidavit and deposition that raises a genuine issue of material fact as to whether the CPPJ should have identified the tree as a hazard to the motoring public and thus taken remedial action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CA-23-579, Categories: negligence, Experts, Wrongful Death
J. Gremillion finds that the chemical company may be liable for a tree on its property falling on a truck and killing the passenger. The company asserts that the tree failed because of brown rot in its trunk that it could not have reasonably discovered. However, the family sufficiently alleges that a lightning strike caused the brown rot and that the missing crown, flat top, unbalanced canopy, precarious lien, lightning scar and gap between the roots and the ground all should have been clear signs that something was wrong.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CW-23-379, Categories: negligence, Wrongful Death
J. Wicker finds that the trial court properly dismissed a plaintiff's driver's claim against the defendant driver in a three car collision. In this case, the defendant driver testified that he was hit from behind by a third driver and that the impact caused his car to hit the plaintiff driver's car. The police report indicated minimum damage to the front of the defendant driver's car, supporting that he was pushed into plaintiff's car, and the photographic evidence shows a strong impact between the third driver's car and the defendant driver's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 1, 2024, Case #: 23-CA-489, Categories: Evidence, Tort, negligence
J. Windhorst finds that the trial court properly found for the parish on a pedestrian's claim that he fell into an improperly maintained manhole up to his hips. The parish did not have constructive knowledge about the dangerous condition of the manhole because three days after the incident, a parish employee inspected the manhole and found nothing unusual about it. Also, the parish had no prior work orders for the manhole cover, and there was no history of injuries involving the manhole cover. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: May 1, 2024, Case #: 23-CA-498, Categories: Evidence, negligence
J. Goldin finds that the trial court improperly ruled in tort liability claims brought after plaintiff was struck by a city vehicle when he stepped off a curb in the middle of a block to cross between two stopped vehicles, at which point the light changed, because the record does not indicate the accident had been caused by negligent hiring and retention of a city employee. Meanwhile, the record indicates plaintiff was at least 50% at fault.
Court: Tennessee Court of Appeals, Judge: Goldin, Filed On: May 1, 2024, Case #: W2023-00437-COA-R3-CV, Categories: Vehicle, negligence
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, negligence, Discovery
J. Soto finds a lower court partially erred in granting summary judgment to a geotechnical engineer who was retained by a preservation group as part of a separate lawsuit over workmanship on a road. That preservation group than sued the engineer, arguing he had failed to adequately inspect the road as part of a settlement agreement. While the preservation group’s claims mostly fail because there are genuine questions over the engineer’s agreement to participate in the settlement agreement, the preservation group can still proceed with a negligence claim over “the professional engineering services that he did agree to provide.” Affirmed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 30, 2024, Case #: 08-23-00205-CV, Categories: Settlements, negligence, Experts
[Consolidated.] J. Christopher finds that the trial court should have granted the special appearance of the pharmaceutical holding company that was sued by two Texas counties for its role in the opioid crisis. The counties did not show the holding company is the alter ego of the drug maker over which the trial court has personal jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 30, 2024, Case #: 14-23-00202-CV, Categories: negligence, Jurisdiction
J. Smith finds that the trial court properly ruled against a doctor's motion to dismiss a negligence case filed against her by the mother of a child who committed suicide a day after being discharged from the doctor's care. On appeal, the doctor argues that she is entitled to dismissal of the case because the mother's expert report "lacks any evidence" to show that the care she provided was negligent and subsequently led to the suicide. The expert report provides a sufficient summary of the facts and establishes a line of causation from the doctor's care to the suicide. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 03-22-00177-CV, Categories: negligence, Experts, Medical Malpractice
J. Smith finds that the lower court properly entered judgment in this negligence suit arising from a car accident. The appellant argues that he should have been awarded damages after the appellee was found by the jury "to be at fault for the accident." However, the jury's finding of zero damages was not "manifestly unjust." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 05-23-00390-CV, Categories: Tort, Damages, negligence
J. Vilardo rules in part for county officials in claims contending an inmate died from acute respiratory failure for lack of proper supervision because evidence did not indicate that anyone other than a single nurse ordered any actions, that the nurse had a prior track record of failing to follow procedure, or that the county trained medical staff at the holding center with deliberate indifference.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 29, 2024, Case #: 1:20cv1689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, Wrongful Death
J. Dishman dismisses the individual plaintiff's negligence and malicious prosecution claims against the government based on a lack of jurisdiction. The claims arise from an incident at a medical center that allegedly resulted in the plaintiff's arrest. He was later "acquitted of the conduct" and brought the current claims as a result. The conduct alleged against the law enforcement officers does not support a negligent arrest claim, however, and the plaintiff fails to cite "an appropriate private party analogue for his negligent delay of medical care claim." His excessive force claim remains for trial.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: April 29, 2024, Case #: 5:19cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, negligence