2,030 results for 'cat:"Negligence"'.
J. Hendrickson finds the lower court properly granted the pesticide application company's motion for summary judgment on the vineyard's negligence claim. The weather conditions at the time of the pesticide application on a neighboring farm exceed the scope of a juror's knowledge and required expert testimony on the part of the vineyard. However, because the vineyard presented expert testimony that conflicted with the pesticide company's testimony about breaches of application labels, a genuine issue of fact prevented judgment on its negligence per se claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: April 22, 2024, Case #: 2024-Ohio-15323, Categories: Property, negligence, Experts
J. Bivins denies a trucking company and its truck driver’s motion for partial summary judgment in this personal injury lawsuit after the truck driver was using his cell phone and rear-ended a driver and his passenger on the interstate. The driver and passenger allege that the truck driver did admit to using the cell phone while speeding. A reasonable jury could decide the truck driver’s behavior was inherently reckless because he took his eyes off the interstate.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: April 22, 2024, Case #: 1:23cv125, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Jury, Vehicle, negligence
J. Ray grants the company's motion for leave to amend an answer to the driver's action arising from spinal injuries he suffered in a car collision with the company's truck driver. The driver's motion to strike the company's notice of non-party fault is denied. The driver had notice that the company was likely to pursue a defense of non-party fault regarding the decision by the driver's doctor to perform a surgery on the driver which the company's expert deemed unnecessary.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: April 22, 2024, Case #: 4:22cv62, NOS: Motor Vehicle - Torts - Personal Injury, Categories: negligence
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J. Williamowski finds the lower court properly granted the bar's motion for summary judgment because the depositions of numerous witnesses indicated the drunk driver was not at the business on the night he killed the decedent in an accident, which prevents the estate from proving any liability under Ohio's dram shop laws. Meanwhile, the lower court properly denied the estate's motion to compel forensic analysis of several cell phones because it failed to show there was any definitive proof on the cell phones, some of which had been accidentally destroyed in the two years since the accident. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: April 22, 2024, Case #: 2024-Ohio-1538, Categories: negligence, Wrongful Death, Discovery
J. Cole grants, in part, the credit card services company's motion to dismiss, ruling the unjust enrichment claim filed by the client must be dismissed. It is duplicative of the contract claim, while the client's negligence claim also fails because any duties breached by the services company stem from the parties' contract and, therefore, are covered by the contract claim in the complaint.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: April 19, 2024, Case #: 1:24cv163, NOS: Other Contract - Contract, Categories: negligence, Banking / Lending, Contract
J. Hester finds that the trial court improperly granted partial summary judgment that the dog owner was strictly liable relating to an alleged "unprovoked attack by her dog" on the plaintiff dog owner and his Boston Terriers. There is a genuine issue of material fact as to whether the terrier owner's damages resulted from his provocation of the other dog. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023CA0611, Categories: Civil Procedure, negligence
J. Stevens reverses, in part, the trial court’s order of parental termination rights related to three children who were found living with their drug-using mother in a U-Haul van, then placed in the custody of the father, who is now incarcerated for child endangerment after the kids tested positive for methamphetamine abuse. The state’s family service plan was not filed into the trial court’s record or the appellate record and, therefore, there is insufficient evidence to support the mother's failure to comply with the plan. Furthermore, there is no evidence to support the state’s assertions the mother did not complete a drug abuse program or that she continued using drugs after completing such a program. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-97, Categories: Evidence, Family Law, negligence
J. Wolfe finds that the trial court properly dismissed the resident's injury claims against the parish after he fell into an open garbage receptacle at a pick-up station while trying to dump trash. The open receptacle did not present an unreasonable risk of harm, and there was no breach of duty by the parish. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CA1099, Categories: negligence
J. Altice finds that the trial court properly ruled in civil rights claims because evidence indicates an inmate was provided regular access to medical care, and nothing indicates correctional officers acted indifferently toward him. Meanwhile, the inmate failed to establish he suffered injury absent a showing that he served time in jail based upon levied sanctions. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: April 18, 2024, Case #: 23A-CT-1564, Categories: Civil Rights, negligence, Prisoners' Rights
J. Tenney finds that the trial court properly dismissed a negligent hiring complaint against a university that hired a nurse who had a sexual assault conviction and went on to abuse several patients. The patients failed to provide the university with the notice of claim as required for a waiver of statutory governmental immunity. Affirmed.
Court: Utah Supreme Court, Judge: Tenney, Filed On: April 18, 2024, Case #: 20230197-CA, Categories: Civil Procedure, Immunity, negligence
J. Mortensen finds that the trial court properly tossed a claim that road conditions at a railroad grade crossing caused an injury accident when a Jeep full of teenagers tried to jump the tracks. The railroad did not have a duty to change the steepness of the road, the county is immune since improving the road would be discretionary, no evidence showed that potholes caused the accident, an attractive nuisance claim failed because the driver and injured passenger are held to an adult standard of care as licensed drivers, and the city had only recently annexed the land and had not been made aware that a utility pole might be too close to the road. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20220139-CA, Categories: Immunity, negligence
Per curiam, the court of appeals accepts certification of the circuit's question concerning whether the six-month waiting period that precedes the two-year window for filing claims for past sexual abuse under the state's Child Victims Act created a statute of limitations, a condition precedent to bringing suit, or some other affirmative defense.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 71, Categories: Civil Procedure, negligence
J. Reynolds Fitzgerald finds that the lower court properly declined to dismiss claims brought against the owner of a ski resort after a teenager sustained injury on a black-diamond trail, which she chose to use when easier trails were closed. The resort cited the doctrine of assumption of risk, but questions of fact remain unresolved as to which trails had been open, which may have unreasonably enhanced risk. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 18, 2024, Case #: CV-23-1379, Categories: negligence
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: Employment, negligence, Contract
J. Shulman finds that the lower court properly found that a couple cannot sue a fertility clinic for medical malpractice for the failure to properly store their embryos. However, the couple's negligence claims are reinstated, as experts presented conflicting testimony regarding the potential impact of the cryopreservation process on the embryos. It is up for a jury to determine whether the embryos were already in poor condition when preserved, or if the clinic allowed them to degrade. Reversed in part.
Court: New York Appellate Divisions, Judge: Shulman, Filed On: April 18, 2024, Case #: 02088, Categories: Health Care, negligence, Medical Malpractice
J. Stadtmueller rules in part for the estate in wrongful death and negligence claims. The mother may only proceed without legal representation if she is the sole beneficiary of the decedent's estate, and she must file proof with the court to demonstrate such. Meanwhile, negligent medical care claims must be dismissed since they were not timely filed.
Court: USDC Western District of Wisconsin, Judge: Stadmueller, Filed On: April 18, 2024, Case #: 2:24cv348, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, negligence, Wrongful Death
J. Abele finds that the lower court properly granted the board of commissioners' motion for summary judgment. It did not breach its duty of care to the residents whose home was damaged by a sewer backup that developed quickly and was unclogged nearly as soon as the city became aware of the issue. Although the sewer line had become clogged in the past, the residents presented no evidence the city knew of any deterioration or defects that would have required it to take preventive action before another clog developed, and so it cannot be held responsible for property damage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 18, 2024, Case #: 2024-Ohio-1569, Categories: Evidence, Government, negligence
J. Conley denies health care providers' motion to dismiss an estate's claims. A man hung himself with a bedsheet and died in his cell, while in the custody of the county jail. The estate filed a lawsuit against the court, jail employees, and healthcare providers who treated the decedent, but later amended the complaint to include additional health care providers. The providers motioned to dismiss the matter claiming the estate did not exercise due diligence in identifying all of the decedent's health care providers, and that it exceeded the statute of limitations when it amended the complaint to name them. It is possible that the amended complaint was timely filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 18, 2024, Case #: 23cv167, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Tort, negligence
J. Lanier finds that the trial court improperly dismissed a customer's slip and fall action over an incident in a shopping center parking lot that was being re-tarred. There are genuine issues of material fact as to whether the alleged unreasonably dangerous condition of the parking lot was "open and obvious." Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: April 17, 2024, Case #: 2023CA1016, Categories: Civil Procedure, negligence
J. Moon grants the landlord's motion to dismiss negligence claims. A tenant suffering from multiple disabilities, including bipolar disorder, severe PTSD, depression, anxiety, and a cracked skull, acquired two service dogs that reduce the effects of her disabilities. The landlord told the tenant she could not have dogs resembling pit bulls, but she did not get rid of them because she needed them to manage her disability; they were not pit bulls, and her neighbors were not abiding by a “no pets” policy. Actionable negligence requires that there must be a legal duty, a breach of that duty and resulting injury that could have been reasonably foreseen by the exercise of reasonable care and under Virginia law, tort claims cannot be rooted in violation of a contractual duty.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: April 17, 2024, Case #: 3:24cv6, Categories: Landlord Tenant, Tort, negligence
Per curiam, the appellate division finds that the lower court properly found for Swarovski in a trip and fall suit stemming from a woman's fall over a sign on the sidewalk outside the Brooklyn Museum of Art advertising a fashion event sponsored by the jewelry company. There is no evidence Swarovski had any control or occupancy of the property abutting the sidewalk where the accident occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02062, Categories: Tort, negligence
J. Moorer grants, in part, Walmart’s motion for summary judgment in a customer’s slip-and-fall lawsuit. She argues that Walmart’s employees should have discovered the produce bag she slipped on, as it was a hazard on the premises. She gives up her wantonness and negligent hiring claims, so Walmart wins summary judgement on them. Only her negligence remains, as well as her husband’s loss of consortium claim.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: April 17, 2024, Case #: 1:22cv391, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, negligence, Premises Liability