175 results for 'cat:"Evidence" AND cat:"Negligence"'.
J. Thompson finds that the trial court properly held a truck driver liable for a car driver's collision with a sidewall after he was forced out of the way of the truck driver, who did not stop at the scene. The record shows that at the time the accident occurred on I-20, the truck driver was on the same freeway based on the truck driver's logs. Further, the car driver testified to being forced to collide with the concrete sidewall to get out of the path of the truck and observed the name of the trucking company as the truck drove away. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: November 15, 2023, Case #: 55,309-CA, Categories: evidence, negligence
J. Pitman finds that the trial court properly found for the state on a driver's claim that the state's location of a parking area adjacent to the highway caused a car to collide with the driver's car while they were parked. In this case, the driver did not show that a defective condition in the roadway created an unreasonable risk of harm to the public, and the driver's expert does not support that the parking area was unreasonably dangerous. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: November 15, 2023, Case #: 55,342-CA, Categories: evidence, negligence
J. Smith finds the lower court properly granted summary judgment to an estate in this negligence matter. A grandson sued his grandfather for injuries he sustained after allegedly being hit by a golf cart at a family gathering on his grandfather’s property. The lower court granted summary judgment to the estate, as the grandfather had passed away before the matter concluded, finding that the grandson failed to provide specific proof of negligence by the grandfather. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CA-00597-COA, Categories: evidence, negligence
J. Johnson finds that the trial court should not have found for a clothing store on a patron's trip and fall claim. In this case, the patron testified that the rack she tripped over was not open and obvious because it was across the aisle and covered by clothing. Further, store protocol required that an employee remain within 15 feet of the rack on the sales floor. Therefore, there is a genuine issue of material fact as to whether the store breached a duty to keep the store in a safe condition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 8, 2023, Case #: 23-CA-53, Categories: evidence, negligence
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J. Johnson finds that the trial court properly determined that a police officer was 100 percent at fault for a rear-end automobile accident. In this case, there is dash camera footage showing the injured driver flashing his brake light three times before stopping for a passing ambulance. Further, there was officer testimony that the police officer driver was "inattentive" and following too closely. Also, the police officer driver testified that he could not recall where he was looking immediately prior to the accident, and he had no recollection of the collision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 8, 2023, Case #: 23-CA-67, Categories: evidence, negligence
J. Hester finds that the trial court properly determined that a market's negligence contributed to a patron's slip and fall. In this case, the accident occurred during unprecedented flooding, and the floor mats usually at the front of the store were removed because they were soaking wet. However, fault should also have been allocated to the patron because she was aware of the flooding situation, observed large yellow cones at the entryway, and chose to wear plastic flip flops which contributed to the accident. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 3, 2023, Case #: 2023 CA 0251, Categories: evidence, negligence
J. McClendon finds that the trial court properly found for a veterinary clinic in dismissing a patron's trip and fall claim. In this case, the patron fell down an elevated porch that did not have a railing on the right side of the porch where he fell, although the left side had a railing. The patron testified that he had been to the clinic at least once a year over a twenty-year period and that he did not have a problem with the stairs before. Further, based on the testimony, a reasonable person would have found the lack of a railing on the porch open and obvious and would have avoided that particular area of the porch when exiting the building. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: November 3, 2023, Case #: 2023 CA 0133, Categories: evidence, negligence
J. Love finds that the trial court properly found for an elevator maintenance company on a trip and fall claimant's action that she fell due to the elevator being uneven with the floor. In this case, the evidence shows that the elevator maintenance company performed adequate monthly maintenance on the elevator and had no notice of the leveling problems with the elevator before or after the accident. Therefore, the elevator maintenance did not breach its duty of care. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: November 2, 2023, Case #: 2023-CA-0076, Categories: evidence, negligence
J. Worthen finds the trial court properly found in favor of the grandfather who purchased a shotgun for his grandson, who accidentally shot and killed a friend during a prank. The grandfather settled with the parents of the deceased for $25,000 in the negligence suit, but late-received discovery, which the parents of the deceased say proved the grandfather gave false testimony, resulted in their seeking recission and a separate suit for damages. Since the parents’ objection to the lack of authentication of the grandfather’s summary judgment evidence was to the form rather than the substance of the evidence, they were required to obtain a ruling, which was not secured. The objection is not preserved for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 31, 2023, Case #: 12-23-00112-CV, Categories: evidence, negligence, Wrongful Death
J. White finds the circuit court properly dismissed the homeowner's negligence claim against the contractor over an electrical shock he received from an outlet in his home that one of the contractor's employees left unsecured. The circuit court correctly determined that the doctrine of "res ipsa loquitor" does not apply to the homeowner's case, in part because the circuit court's record shows he was negligent in failing to have another contractor or electrician secure the outlet after the contractor's construction project stalled, instead continuing to use the outlet anyway. Affirmed.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: October 24, 2023, Case #: 2022AP001154, Categories: evidence, negligence
Per curiam, the Fifth Circuit finds the trial court properly granted summary judgment to the portable toilet rental company in this negligence suit alleging that toilet placement caused a patron to fall and injure himself. The toilet was in place due to freezing weather causing interior toilets at the truck and rest stop to be inoperable. The small curb on which the patron tripped, at least a foot away from the toilet, shows that it did not present a great likelihood and magnitude of harm. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-30313, Categories: evidence, Tort, negligence
J. Weimer finds that the court of appeal should not have increased a restaurant's percentage of fault for a trip and fall from 80 percent to 85 percent. In this case, the patron who suffered the trip and fall did not appeal or answer the appeal. Therefore, the 20 percent of fault allocated to him by the jury cannot be reduced. The evidence supports that the configuration of the tables, chairs, and fence camouflaged the ledge, and the restaurant had notice of the ledge and could have easily taken measures to reduce the danger of the ledge. Further, the patron was not engaging in risky behavior but was only attempting to sit across from his wife when the accident happened. Reversed in part.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: October 20, 2023, Case #: 2023-C-00027, Categories: evidence, negligence
J. Fallon allows plaintiff to continue negligence claims brought against an appliance store after two employees dropped a box on the head of a shopper, now deceased, who had to undergo treatment for blunt head trauma and other injuries at the same time that he was undergoing chemotherapy for stomach cancer. Interrogatory responses passed both prongs of the residual exception test, and the store's failure to preserve video surveillance entitles plaintiff to an adverse inference finding.
Court: USDC Delaware, Judge: Fallon, Filed On: October 11, 2023, Case #: 1:22cv76, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence
J. Rivas-Molloy finds the lower court improperly found in favor of a driver in this matter concerning negligence. A driver hit a cow that was roaming in the highway, and sued the owner of the land upon which the cow was kept. While the lower court found the property owner liable, the instant court finds evidence is insufficient to show that the property owner was responsible as the driver did not show that the property owner owned or controlled the cow, nor did it show that the property owner was responsible for maintaining the property. The driver is to take nothing on his claims against the property owner. Reversed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: October 10, 2023, Case #: 01-20-00610-CV, Categories: evidence, Damages, negligence
J. Molaisson finds that the trial court properly granted an employer's motion for partial summary judgment, dismissing an injured motorist's claims against the employer for the vicarious liability of its employee driver. In this case, the employee driver had completed the delivery of the package for the employer and there is no evidence that he accepted another delivery or that he was conducting any further work business on behalf of the employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: October 4, 2023, Case #: 22-CA-586, Categories: evidence, negligence
J. Ledet finds that the trial court properly found for the owner of a vacant tire shop on the adjoining property owners' negligence action arising out of a fire that started in the tire shop and spread to their properties. In this case, the cause of the fire is unknown, and the adjoining property owners cannot establish a genuine issue of material fact as to the tire shop owner's fault. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 4, 2023, Case #: 2023-CA-0142, Categories: evidence, negligence
J. Chehardy finds that the trial court properly found for a company after a visitor to a property fell into a pond, injured her vertebrae and died from her injuries. In this case, the decedent's family does not show that there was a "hidden danger" in the form of a quicksand-like substance under the "murky water" of the pond. The pond while under construction was open and obvious and did not constitute an unreasonably dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 4, 2023, Case #: 22-CA-598, Categories: evidence, negligence, Wrongful Death
J. Ervin-Knott finds that the trial court improperly allocated 65% fault to a police officer and 35% fault to the mother of a minor bicyclist after a collision between the police car and the bicyclist. The allocation to the mother was made without a determination of negligence on the part of the bicyclist. Under jurisprudence, the bicyclist, as an eight year old, can be found to be contributorily negligent. Further, the mother should not have been awarded $10,000 for witnessing the bicyclist's severe injuries and pain because she does not meet the temporal proximity requirement since she arrived at the collision scene after the bicyclist was in the ambulance. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: October 4, 2023, Case #: 2023-CA-0084, Categories: evidence, negligence
J. Johnson finds that district court properly denied a construction company's motion for summary judgment on a bicyclist's claim that he was severely injured when riding on a ramp in the construction zone. The cyclist, who is very experienced as a cyclist and an architect with knowledge of the dangers of worksites, could not have been certain of the danger that the ramp posed because of slippery road conditions. In this case, there was no posted speed limit, and the ramp remained accessible to invited recreational cyclists. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 23-C-124, Categories: evidence, negligence
J. Sharer concurs with the trial court’s finding in favor of the neighbor of a dog owner after the dog bit the neighbor, and the dog owner will not be granted a new trial. This is because the dog was “at large” or loose outside on property that the dog owner and neighbor shared, and because the neighbor did not provoke the dog in any way. The dog owner is liable for the dog’s behavior when it is not leashed, and the neighbor was awarded over $130,000 for medical treatment and other damages. Although the owner believes the award is shocking and unreasonable, the court disagrees and there is no need for a new trial. Affirmed.
Court: The Appellate Court of Maryland, Judge: Sharer, Filed On: September 27, 2023, Case #: 24-C-21-000655, Categories: evidence, Tort, negligence
J. Chase vacates the trial court’s default judgment in favor of a family member’s negligence action against a doctor for a delay in signing a death certificate. In this case, there was no hearing in open court, no evidence was introduced, and the family member did not provide any live testimony to support that she was entitled to $90,000 in damages. Vacated and remanded.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: September 22, 2023, Case #: 2023-CA-0261, Categories: evidence, negligence