215 results for 'cat:"Civil Procedure" AND cat:"Negligence"'.
Per curiam, the appellate division finds that the lower court improperly dismissed a woman's claim that she was sexually abused by a staff member at a juvenile detention facility 25 years ago. The woman's allegation that she was assaulted by a "Mr. Benjamin" in approximately 1997 is enough to enable the state to investigate her claims and ascertain its liability. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 11, 2023, Case #: 05124, Categories: civil Procedure, negligence
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J. Edison grants, in part, ExxonMobil's motions to exclude certain testimony in its case against a crane company following the collapse of a crane at a California-based refinery. Testimony regarding comparative fault or contributory negligence is barred, as both parties agree these issues are inapplicable.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: September 26, 2023, Case #: 4:21cv3008, NOS: Other Contract - Contract, Categories: civil Procedure, Energy, negligence
J. Strickland grants the oil drilling company's motion to dismiss, ruling the worker's personal injury suit is barred by the three-year statute of limitations. The New Mexico savings statute, which grants a 6-month grace period, does not apply because the original action filed in Texas was also filed outside of that state's statute of limitations.
Court: USDC New Mexico, Judge: Strickland, Filed On: September 22, 2023, Case #: 1:22cv345, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, negligence
J. Gremillion finds that the trial court improperly maintained the doctor's exception of no cause of action in the family's suit over the disfigurement of their loved one's body that occurred during the harvesting of her organs after her death. "The first and fourth circuits have recognized the principle that family members have causes of action for the mishandling of a relative's corpse." Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: September 20, 2023, Case #: CA-22-775, Categories: civil Procedure, negligence, Emotional Distress
J. Kennedy finds that the lower court properly rendered take-nothing judgments in favor of the appellees in this suit alleging negligence and gross negligence, based on a golf cart accident that allegedly occurred during a trip to Mexico. There was no error in denying the appellants' motion for leave to file a late response to the summary judgment motions. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: September 14, 2023, Case #: 05-22-01364-CV, Categories: civil Procedure, negligence
J. Marbley denies, in part, the hotels' motion to dismiss, ruling allegations in the complaint filed by the sex-trafficking victim are sufficient to confer direct liability on both the parent company and the franchisors. The complaint alleges the businesses worked together as part of a joint venture and were either aware or should have been aware of trafficking that occurred at their properties.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: September 12, 2023, Case #: 2:22cv3202, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, negligence
J. Palk denies the defendant construction company's motion for summary judgment in this negligence lawsuit stemming from a workplace accident involving a golf cart, in which the driver crashed while attempting to avoid a pile of gravel. The construction company contends that it "neither owed a duty to plaintiff nor caused her injuries." However, it cannot use the "open and obvious doctrine" to shield itself, as it was not the owner of the land.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 12, 2023, Case #: 5:22cv269, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, negligence
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a property owner who was sued for negligence by a surviving relative of a man who died while trimming a tree on the property. After the trial court ruled in favor of the property owner, the relative appealed, arguing that the trial court erred in allowing another neighbor to testify because she was an untimely witness. The court of appeals ruled in favor of the relative and called for a new trial. The court of appeals erred in reversing the trial court’s judgment because the neighbor's testimony did not reach the merits of whether the property owner acted negligently. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 1, 2023, Case #: 22-0288, Categories: civil Procedure, Evidence, negligence
J. Holdridge finds that the trial court properly ruled in favor of a terminal owner that hired the general contractor on a demolition project, where an accident resulted in damage to another company's crane. Based on a previous ruling that the general contractor was not negligent regarding the accident, the negligent hiring claim against the terminal owner necessarily fails. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: August 30, 2023, Case #: 2022CA0895, Categories: civil Procedure, negligence
J. Holdridge finds that the trial court properly ruled in favor of the general contractor and dismissed the claims relating to a subcontractor's damaged crane that was used in a demolition project. Because the general contractor did not control how the crane workers performed their jobs, it could not be held liable for the accident that damaged the crane. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: August 29, 2023, Case #: 2022CA0892, Categories: civil Procedure, Construction, negligence
J. Christiansen Forster finds that the trial court properly dismissed a traffic collision action because the injured party's expert witness did not disclose the intake form he relied on to conclude that the injuries stemmed entirely from that one collision. He also failed to disclose the literature he relied on to conclude that lifelong treatment would be required. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: August 24, 2023, Case #: 20210894-CA, Categories: civil Procedure, negligence, Experts
J. Spain finds that the trial court properly ruled in favor of the nursing assistant on her claims for negligence and premises liability stemming from an employment-related injury that occurred as she tried to transfer a bariatric patient by herself. The nursing facility's Rule 306a motion in which it sought "to reset postjudgment deadlines" was correctly denied. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 24, 2023, Case #: 14-22-00190-CV, Categories: civil Procedure, Evidence, negligence
J. Bailey conditionally grants the Texas Department of Transportation's petition for a writ of mandamus, in which it challenges an order granting a new trial in the underlying case involving a car crash. The lower court abused its discretion in granting the new trial motion, as there was sufficient evidence to support the jury's findings as to negligence. Accordingly, the order should be vacated.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 23, 2023, Case #: 11-23-00112-CV, Categories: civil Procedure, negligence