215 results for 'cat:"Civil Procedure" AND cat:"Negligence"'.
J. Birdwell grants mandamus relief to a father on the trial court's designation of the mother and the state department of transportation as responsible third-parties to the father's suit against the stepfather, who's head-on collision severely injured the father's two daughters. The stepfather failed to follow disclosure rules as applied to the father's independent claims.
Court: Texas Courts of Appeals, Judge: Birdwell, Filed On: August 17, 2023, Case #: 02-22-00429-CV , Categories: civil Procedure, Vehicle, negligence
J. Trauger partially grants the dismissal motions in this lawsuit arising from the alleged sexual abuse of a fencing student. The complaint, which is brought by the minor fencer and her parents, fails to state a Section 1595(a) claim against USA Fencing with respect to the coach's alleged violations of the Trafficking Victims Protection Act. The negligence per se claim will also be dismissed, as to USA Fencing and the defendant fencing club.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 17, 2023, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, negligence, Emotional Distress
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. Gordo finds that the trial court improperly entered at $10.5 million judgment against the security services company, holding it responsible for the fatal shooting of an individual at an apartment complex. The company’s attorneys have raised possibly excusable neglect in the form of a scheduling error that caused them to untimely file a de novo motion after the arbitration decision was handed down. The trial court should have granted the security company’s request for an evidentiary hearing on the matter. Reversed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0373, Categories: Arbitration, civil Procedure, negligence
J. Rodriguez finds a lower court ruled correctly in admitting evidence of a prior settlement with a hospital in a medical negligence suit brought against a group of doctors by the widow of a deceased man. The widow argued the court had abused its discretion by allowing evidence of the prior settlement, resulting in an improper verdict, but she did not adequately preserve error nor provide a complete case record that could back up her arguments. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 4, 2023, Case #: 08-22-00245-CV, Categories: civil Procedure, negligence, Medical Malpractice
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Pena finds that the lower court improperly entered a default judgment in favor of the appellee in this case involving the construction of a parking lot. The lower court granted the no-answer default judgment after the appellant had filed its answer. Accordingly, the judgement was in error. Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: August 3, 2023, Case #: 13-22-00433-CV, Categories: civil Procedure, negligence
[Consolidated.] J. Stevens finds that the lower court improperly issued discovery orders in this wrongful death and survival action brought by the decedent of a foster care parent murdered by her foster child, then 17 years old. The court’s order was improperly based on the ground that the discovery did not seek information from the foster care case record. Vacated.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: July 28, 2023, Case #: J-A10034-23, Categories: civil Procedure, negligence, Wrongful Death
J. Silva finds in this restricted appeal that the lower court improperly rendered a no-answer default judgment against the appellant convenience store and awarded the appellee customer $70,000 in damages. The customer asserted a claim for negligence after he allegedly broke a dental crown while eating almonds that were purchased at the store. However, service was not valid, as "the return receipt was not signed by the intended addressee or by a registered agent." Accordingly, the case must be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 27, 2023, Case #: 13-23-00084-CV, Categories: civil Procedure, negligence
J. Williams finds that the lower court properly granted summary judgment in favor of the dental defendants in this lawsuit brought by a patient alleging negligence, fraud and medical malpractice based on certain dental work performed. The limitations period expired before the patient filed her original petition. Also, she cannot recast her health care liability claim "as another cause of action to avoid the requirements." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: July 27, 2023, Case #: 11-22-00002-CV, Categories: civil Procedure, negligence, Medical Malpractice
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
J. Spain finds that the trial court properly ruled in favor of the metal facility in a truck driver's negligence suit alleging that his injuries from a slip and fall stemmed from the overloading of his truck by its employees. The truck driver did not sufficiently plead a premises liability claim or give evidence raising a fact issue on his negligent activity claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: July 25, 2023, Case #: 14-22-00130-CV, Categories: civil Procedure, Evidence, negligence
J. Reiss grants an insurance company's motion to dismiss the parents' wrongful death action alleging that the homeowner had loaded and unsecured firearms in her bedroom and was within the scope of her employment when their son accidentally killed himself with a pistol. The parents did not plausibly allege the homeowner's storing of the firearms was "conduct within the scope of her employment" or that a "special relationship" imposed a duty on the company to control her actions outside her employment.
Court: USDC Vermont, Judge: Reiss, Filed On: July 20, 2023, Case #: 2:22cv199, NOS: Other - Forfeiture/Penalty, Categories: civil Procedure, negligence, Wrongful Death
J. Garcia finds that the lower court improperly dismissed the appellants' claims against the individual security guard in this wrongful death action involving a shopper who had a firearm and allegedly shot three people. There is a fact issue as to whether the security guard, who was an off-duty police officer, was acting "within the scope of government employment as to some of his conduct." The judgment is affirmed, however, to the extent that it is based on the guard's attempt to confirm whether the suspect had any outstanding warrants. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: July 18, 2023, Case #: 05-21-00911-CV, Categories: civil Procedure, negligence
J. Fisher finds that the lower court properly declined to remove certain defendants from childhood sexual abuse claims brought against sponsors of a foster home program for at-risk youth. The law permitting such lawsuits by lifting the statute of limitations was not facially unconstitutional either on its face or as applied to the sponsors because the effect of the passage of time was fully considered in the enabling legislation. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 13, 2023, Case #: 534956, Categories: civil Procedure, Constitution, negligence
J. Poissant finds that the trial court properly granted summary judgment to the equipment provider relating to a collision involving a front loader that was leased to another company. The company's employee backed into traffic and caused a crash with another vehicle, killing the driver and injuring its passengers. The evidence does not show that the equipment provider had a duty to ensure the front loader was "equipped and furnished for its safe operation" Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: July 13, 2023, Case #: 14-21-00704-CV, Categories: civil Procedure, negligence, Wrongful Death
Per curiam, the appellate court conditionally grants mandamus relief to the relators seeking to vacate the denial of their "motion to designate responsible third party" in an underlying case alleging sexual assault by a massage therapist. The relators' motion to designate the alleged perpetrator was filed before the deadline set in the trial court's docket control order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 13, 2023, Case #: 14-23-00413-CV, Categories: civil Procedure, negligence
J. Lum finds that the trial court properly dismissed a personal injury complaint as untimely since law does not extend the three-year statute of limitations to the next day the court is open if the limitations period expires on a Saturday, Sunday or holiday. But it was error to award defendant attorney fees since the trial court construed his motion to dismiss under the incorrect rule of civil procedure. Vacated in part.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: July 13, 2023, Case #: 22CA0463, Categories: civil Procedure, negligence, Attorney Fees
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
Per curiam, the appellate division finds that the lower court properly permitted the Doe plaintiff to amend his negligence complaint alleging he suffered childhood sexual abuse at the hands of a school employee. The claims in the proposed amended complaint relate back to the original complaint so the school was timely given notice of the allegations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 12, 2023, Case #: 03773, Categories: civil Procedure, negligence
J. Greene finds that the trial court improperly sided with the restaurant owner in a suit brought by two patrons who allegedly got sick from eating fried oysters. The owner's excerpts from purported medical records are not admissible for summary judgment purposes, so the evidence does not resolve the issue regarding the identity of the restaurant where the patrons allegedly became sick. Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: July 10, 2023, Case #: 2022CA1130, Categories: civil Procedure, Evidence, negligence