2,030 results for 'cat:"Negligence"'.
J. Bradford finds that the trial court improperly ruled in negligence claims in which an insurer contends a corporation discarded evidence related to a fire that damaged an insured home by finding that the insurer failed to properly plead that the corporation had a duty to preserve the evidence. Reversed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: May 25, 2023, Case #: 22A-CT-1924, Categories: Evidence, negligence
J. Boulee denies the driver's motion to transfer venue of a negligence action brought by the injured individual to the middle district of Florida. The convenience of witnesses and the location of documents do not support a finding that the action, which arises out of a car collision, should be transferred. The collision at issue also occurred entirely in the northern district of Georgia.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: May 25, 2023, Case #: 1:22cv3760, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, negligence, Venue
J. Bogardus finds a lower court ruled correctly in denying a motion to compel arbitration brought by a hospital and representatives after they were sued for alleged wrongful death and negligence. The hospital argued that the son of a deceased patient had signed an arbitration agreement, but the hospital has not shown that other parties in this case should be bound by that agreement — and even if they were, the hospital has not shown “clearly and unmistakably” that “gateway issues of arbitrability are to be decided by an arbitrator, rather than the district court.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: May 25, 2023, Case #: A-1-CA-39835, Categories: Arbitration, negligence, Wrongful Death
J. Wise finds that the trial court improperly granted summary judgment to the insurance agent parties on allegations they failed to timely submit insurance claims, causing a family $2 million in damages. The evidence raises a fact issue as to whether the agent had a duty to submit the claims. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: May 25, 2023, Case #: 14-21-00708-CV, Categories: Insurance, negligence, Contract
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J. Schiltz dismisses the minor and her mother’s suit related to burns the minor sustained when a minivan in a Walmart parking lot caught fire and the fire spread to a car where the minor was sleeping. The retailer’s policy of allowing travelers to sleep in its lots does not turn its parking lots into “recreational camping areas” under a Minnesota law regulating such areas, and the minor and her mother have not shown that doing so created a nuisance or that the burns were the result of the retailer’s negligence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 25, 2023, Case #: 0:22cv1584, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, Premises Liability
J. Watkins denies, in part, a city and police officer's motion for summary judgment on an individual's civil rights claims related to a police shooting. There are genuine issues of fact pertaining to his claims for unlawful assault and battery, violation of his Fourth Amendment rights and negligence.
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: May 24, 2023, Case #: 2:21cv799, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Assault, Police Misconduct
J. McKinster grants the school district’s petition to reconsider sanctions imposed for its negligent erasure of a video which captured the alleged sexual assault of a student. The record supports the trial court’s ruling that the district was on notice that litigation was reasonably foreseeable, and so the safe harbor provision did not apply. The court of appeals directs the trial court to reconsider whether the form of sanctions it imposed are warranted and whether lesser sanctions will adequately remedy the loss of the video.
Court: California Courts Of Appeal, Judge: McKinster, Filed On: May 24, 2023, Case #: E078673, Categories: Education, Evidence, negligence
J. Robinson finds that the trial court properly found for a defendant driver on plaintiff driver's car collision claim. In this case, the trial judge found the defendant driver's version of the events, that he came to a complete stop at the intersection before moving into the intersection on a green arrow, to be more credible. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 24, 2023, Case #: 54,953-CA, Categories: Evidence, negligence
J. Ahlers finds that the city was improperly granted summary judgment in claims brought after plaintiff slipped on the end of a diving board at a city swimming pool because an issue of material fact exists as to whether the diving board lacked a slip-resistant surface. Reversed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 24, 2023, Case #: 22-0917, Categories: negligence
J. Johnson finds that the trial court should not have dismissed a worker's slip and fall claim against his employer and homeowner after he fell from the roof of a house when stepping on a paper covering placed on the roof. There is a genuine issue of material fact as to whether the homeowner owed a duty to the worker and whether the homeowner ordered unreasonably dangerous paper for the project. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 24, 2023, Case #: 22-CA-509, Categories: negligence, Contract
J. Nagala grants the parents' motion to remand to the Connecticut Superior Court, ruling this court lacks jurisdiction over their suit against the social media platforms because the plaintiffs and the individual defendants are based in Connecticut. Although Meta Platforms argues the individual defendants who sexually assaulted the social media user were misjoined to the action to prevent removal to this court, there is no egregious conduct on the part of the parents, while the individual defendants' actions are at least somewhat related to the claims against the social media platforms.
Court: USDC Connecticut, Judge: Nagala, Filed On: May 24, 2023, Case #: 3:23cv284, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Product Liability, Jurisdiction
J. Markle finds that the trial court improperly ruled in favor of the individual in a negligence action brought by the injured driver arising from a car collision. The trial court incorrectly found that there was a valid settlement agreement between the parties. There is no evidence that the injured driver's alleged acceptance of the settlement was communicated to the individual's counsel. The communications between the firm the injured driver initially hired to represent him and the individual's counsel would not have led the individual's counsel to believe the firm had accepted the counter offer. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 24, 2023, Case #: A23A0587, Categories: Settlements, negligence
J. Blake partially denies Costco’s motion for summary judgment following allegations of negligence when a customer injured his shoulder trying to lift a heavy grill into his pickup truck. He employed the help of a staff member, but when the customer said to lift on the count of three, the staff did not move his end of the grill, causing the injury. At this stage, Costco’s duty of care cannot be summarily denied.
Court: USDC Maryland, Judge: Blake, Filed On: May 24, 2023, Case #: 1:20cv664, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence
J. Mooney finds, on remand from the Supreme Court, that the trial court properly convicted defendant of criminal negligence. “The evidence was legally sufficient to support a finding that defendant acted with criminal negligence with respect to the amount-of-damage element of first-degree criminal mischief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 24, 2023, Case #: A171443, Categories: Evidence, Criminal negligence
J. Sorokin grants an individual's motion for partial summary judgment on her claims against an eye center for surgery she underwent in 1986. New York law applies and, therefore, the cap on damages under Massachusetts law does not apply, as New York's contacts and interests outweigh those of Massachusetts in this case.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: May 23, 2023, Case #: 1:18cv10353, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Damages, negligence, Choice Of Law
[Consolidated.] J. Wilson finds that the appellate division properly declined to find for the housing authority in claims brought after a tenant died by immolation at the hands of a former paramour who purportedly gained access to the building through an exterior door with a malfunctioning lock. In a similar appeal, the appellate division improperly found for the housing authority when a tenant was shot point-blank in retaliation for a prior altercation with residents from a neighboring housing complex, who also gained access by a malfunctioning exterior door. Claims that the victims had been targeted did not absolve the housing authority of its duty to provide minimum security against criminal acts by intruders, and questions of fact remained as to how the authority's actions may have contributed to the victims' injuries. Affirmed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: May 23, 2023, Case #: 36, Categories: Landlord Tenant, negligence
J. Land finds that the trial court improperly ruled in favor of the city in a negligence action brought by the individual arising from ankle injuries she suffered after stepping into a pothole. Questions of fact remain as to whether the city had actual or constructive notice of the pothole. The city's log showed that its employees had notice of the pothole more than five years before the instant incident occurred. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 23, 2023, Case #: A23A0318, Categories: negligence, Premises Liability
J. Moorer remands a couple's negligence and warranty case against a timber company and others to state court. The company's removal of the action was untimely, as it was clear from the initial complaint the amount in controversy exceeded $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: May 23, 2023, Case #: 1:22cv516, NOS: Tort Product Liability - Real Property, Categories: negligence, Jurisdiction, Warranty
J. Rothstein dismisses the state's immunity defense for the parents' claim that the state followed a New York court order and wrongfully separated the parents from their five minor children and that the children faced severe neglect and harm while under the state's care. The parents provide colorable allegations that the state's investigation was incomplete or biased, as several social workers testified positively about the parents, "yet the state chose to premise its case almost entirely on the testimony" of one social services specialist.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 23, 2023, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, negligence