541 results for 'cat:"Wrongful Death"'.
J. Mitchell finds that the lower court improperly ruled when denying a nursing home’s motion to compel arbitration against two daughter co-guardians of a patient who died in their facility, even with only one daughter signing the the arbitration clause. Each of the co-guardians had "independent authority to sign agreements on behalf of their ward." Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0433, Categories: Arbitration, wrongful Death, Guardianship
J. Benavides finds that the lower court properly denied the appellants' motion to transfer venue from Hidalgo County in this wrongful death lawsuit arising from a fatal accident involving two commercial vehicles. The family sufficiently showed that one of the drivers "was maintaining a residence in Hidalgo County at the time of the accident." Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: March 21, 2024, Case #: 13-23-00135-CV, Categories: wrongful Death, Venue
J. Peterson denies the widower's motion for sanctions against the prison healthcare company in his lawsuit alleging violations of his late wife's 14th Amendment rights that allegedly led to a fatal heart attack while she was incarcerated. While the widower's motion for sanctions is denied, he has successfully argued that the company misrepresented the availability of key information during discovery about deaths in facilities the company services such that the widower could not access this information until December 2023, so the case's schedule is struck and the parties will conduct a new pretrial conference to reset the schedule and set a new discovery plan. A motion to intervene from the estate of a man who also died while in custody at a facility the company services is denied, as its goal to obtain documents obtained through discovery in this case can be obtained through its own discovery procedures, but the motion is denied without prejudice so it can be brought back later if need be.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 21, 2024, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Sanctions, wrongful Death
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J. Riley finds the trial court properly found for the paving contractor. The estate filed a wrongful death suit against the city and certain contractors after the deceased party was struck and killed by a vehicle within a sidewalk improvement project area that did not provide crosswalks. The estate's citing of a case wherein a motorist was killed when his vehicle encountered mud near a state bridge construction project does not support an existence of the contractor's duty of care. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley , Filed On: March 20, 2024, Case #: 23A-CT-950, Categories: Construction, Municipal Law, wrongful Death
J. Hendrix denies, in part, a detention center operator's motion to dismiss a son's claims arising from the death of his father, a detainee. He has sufficiently pleaded certain wrongful death and survival claims.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: March 20, 2024, Case #: 6:22cv70, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, wrongful Death
J. Dimke partially denies summary judgment to the family for their complaint that the school district's employee did not prepare an adequate emergency care plan for their child's asthma, which allegedly led to his death after 18 days on life support following a severe asthma attack. While it is undisputed that the school district had some knowledge of the child's asthma from previous school years, a dispute remains as to the extent and timing of this knowledge.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 15, 2024, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: Education, Negligence, wrongful Death
J. Chen allows some wrongful death claims to continue against an ambulance company and officials from Richmond in a dispute stemming from the death of a man who was injected with a chemical restraint after he was arrested. There is conflicting evidence on the record as to whether decedent was complying with commands when he was injected with the restraint, so several of the claims can proceed on the grounds that the injection may have been unnecessary and given without consent.
Court: USDC Northern District of California, Judge: Chen, Filed On: March 15, 2024, Case #: 3:22cv2130, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, wrongful Death
J. Pipkin finds that the trial court properly denied the company's motion to set aside the default judgment and $25 million damages award entered against it in a wrongful death, product liability and negligence action brought by the estate administrator. The action arose after the decedent was pulled into a steel wire manufacturing machine and decapitated. The trial court correctly found that the company waived any argument that apportionment of the damages was required or appropriate when it failed to appear at the damages trial. The defaulting companies also failed to present any evidence on apportionment. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1697, Categories: Damages, Product Liability, wrongful Death
J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, wrongful Death
[Consolidated] J. Adelman grants summary judgment to the former police officer, the city and others in two of three consolidated lawsuits he faces from the estates of individuals he shot and killed while on duty with the city's police department. In one case involving an individual who was wielding a "decorative sword" and advancing on the officer at the time he was shot, the estate concedes that the officer is entitled to summary judgment. In another in which the officer shot an individual after waking him up from sleeping in his car and, according to video evidence, after the individual reached his hand toward the car's passenger seat where a gun was sitting, the officer's actions were not unreasonable. Arguments for summary judgment in the third case are scheduled for April 9, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Adelman, Filed On: March 14, 2024, Case #: 2:21cv848, NOS: Other Civil Rights - Civil Rights, Categories: wrongful Death, Police Misconduct
J. Johnson, in this interlocutory appeal, finds the trial court improperly denied the New York law firm's motion for special appearance. The father filed his legal malpractice suit against the firm for its representation in a suit regarding the wrongful death of his son from consuming a particular herbal extract, a circumstance for which the firm professed expertise. The father failed to negate the firm’s challenge to his jurisdictional allegations. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 14, 2024, Case #: 09-23-00201-CV, Categories: Jurisdiction, wrongful Death, Legal Malpractice
J. Casper partially denies motions to dismiss brought forth by insurance companies against a representative of an estate suing them after her husband, the decedent, was killed due to injuries from a workplace accident and the insurance companies denied the representative’s request for coverage at their full policy limits. The statute of limitations isn’t based on when it became clear to the representative that the insurance companies were liable, but rather upon the insurance companies’ failure to respond to the representative’s settlement demands.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 13, 2024, Case #: 1:23cv11594, NOS: Insurance - Contract, Categories: Insurance, wrongful Death, Premises Liability
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-164, Categories: Family Law, wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-586, Categories: Family Law, wrongful Death
J. Biggs grants in part one insurance firm’s motion for summary judgment in a suit where a second insurer sued the first for the partial cost of a fire claim in some underlying suits. Four apartment residents died of smoke inhalation after calling a county emergency communications center and receiving the advice not to open any windows, but to “hunker down” until emergency services arrived. The victims’ families’ sued the communications center and staff for $9 million total, but the first firm refused to contribute to the settlement. Its policy on excess coverage allows it to escape having to contribute more than $1 million on the claim.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:22cv404, NOS: Insurance - Contract, Categories: Insurance, wrongful Death, Contract
J. Doyle finds that the trial court properly denied the park's motion for a new trial and for judgment notwithstanding the verdict after a jury awarded the widow $22 million in damages in a wrongful death action arising from the husband's death while riding his dirt bike on a park trail. Evidence showed that the owner hit a tree with an excavator, causing the tree to fall onto the husband. The jury could have found that the owner was the agent of each corporate entity or that evidence authorized piercing the corporate veil of each entity. The trial court did not commit any error by refusing to give several of the park's proposed jury charges. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 13, 2024, Case #: A23A1541, Categories: wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-162, Categories: Family Law, wrongful Death
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-163, Categories: Family Law, wrongful Death
J. Burroughs grants an insurance company’s motion for judgment on its insured’s breach of contract claim and denies its motion for judgment on its insured’s bad faith claim. The insured failed to demonstrate how the insurance company failed to follow any of its insurance policies by delaying its decision of whether or not to defend the insured while it investigated the related incident and the legal action against the insured.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11150, NOS: Insurance - Contract, Categories: Insurance, wrongful Death, Contract
J. Burroughs grants an insurance company’s motion for a declaratory judgment exempting it from any obligation to defend a boat owner who approached another boat that struck a navigational aid and caused its passengers to enter the water, including one passenger who drowned, and who left the scene without providing assistance. The boat owner who left the scene failed to sit for an examination under oath.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11401, NOS: Insurance - Contract, Categories: Insurance, Maritime, wrongful Death