216 results for 'cat:"Civil Procedure" AND cat:"Negligence"'.
J. Gillmor denies a motion by the family of a man killed in a 2019 helicopter crash to amend the complaint and scheduling order in order to include a claim against a helicopter manufacturer for concealing information from the Federal Aviation Administration under the General Aviation Revitalization Act. The motion is untimely because trial for the case will begin in a month, and the family did not ever propose amendment during previous scheduling order adjustments over three years of litigation. The proposed amendment does not meet standards for pleading anyway, as the family does not identify any specifics in the accused misrepresentations. The helicopter manufacturer has also already timely established a defense under the Act.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 8, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: civil Procedure, negligence, Aviation
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J. Dishman dismisses the individual plaintiff's negligence and malicious prosecution claims against the government based on a lack of jurisdiction. The claims arise from an incident at a medical center that allegedly resulted in the plaintiff's arrest. He was later "acquitted of the conduct" and brought the current claims as a result. The conduct alleged against the law enforcement officers does not support a negligent arrest claim, however, and the plaintiff fails to cite "an appropriate private party analogue for his negligent delay of medical care claim." His excessive force claim remains for trial.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: April 29, 2024, Case #: 5:19cv1102, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, negligence
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. 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
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. 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. 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. 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
J. Ellender finds that the trial court properly sustained exceptions of prematurity filed by a nursing home on a family's negligence suit related to the death of their grandmother while she was a nursing home resident. In this case, the alleged failure to diagnose and provide healthcare to the grandmother falls under the definition of healthcare. If a procedure in a given case is deemed to be healthcare, it falls under Louisiana Medical Malpractice Act and must go before the medical review panel before a tort suit can proceed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,516-CA, Categories: civil Procedure, negligence, Medical Malpractice
J. Hart finds that the appeals court erroneously reinstated negligence claims filed by the cyclist because her failure to file the lawsuit within two years of her 18th birthday rendered the suit against the motorist who struck her untimely. Although the statute of limitations for a motor vehicle tort may be extended when the victim is under the age of 18, the three-year limit is not tolled in such cases and, therefore, the cyclist was required to bring her claims within three years of the accident or two years after she turned 18, neither of which she did. Reversed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: April 8, 2024, Case #: 2024CO19, Categories: civil Procedure, negligence
J. Deahl reverses the lower court's dismissal of a pro se driver's car collision-related action, which it did when the driver arrived 10 minutes after the scheduled start of the trial. Contrary to the lower court's ruling, the good cause inquiry is not used to determine whether the driver provided good cause for his tardiness, but, rather, "whether his tardiness on one occasion justified the outright dismissal of his suit. It did not." Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: April 4, 2024, Case #: 22-CV-0537 , Categories: civil Procedure, Sanctions, negligence
J. Prata finds that the trial court properly granted plaintiff declaratory and injunctive relief in claims contending a neighbor violated a restrictive covenant by permitting the unbridled growth of his landscaping, and properly dismissed the laches defense since defendant did not explain why plaintiff's proffered reasons for delaying litigation would be erroneous. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: April 2, 2024, Case #: 23-74, Categories: civil Procedure, Property, negligence
J. Christopher partly grants mandamus relief to the transmission and distribution utilities (TDUs) seeking to vacate the partial denial of their motions to dismiss retail customers' claims in certain "bellwether cases" relating to power outages during Winter Storm Uri in February 2021. Based on the language of the pro forma tariff that applies, the TDUs are not liable for the customers' negligence and negligent nuisance claims. Also, the customers did not raise a fact question for the strict-liability nuisance claims. Though, the tariff does not bar the customers' gross negligence or intentional misconduct claims.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-23-00095-CV, Categories: civil Procedure, negligence
J. Soud finds the trial court properly denied the citizen's motion to add a claim for punitive damages in her lawsuit against AMC over injuries she suffered when she fell and was stepped on by other patrons who were rushing out of a movie theater after an AMC employee announced that everyone had to evacuate because of a shooting in the parking lot. The citizen has not met the burden of proving AMC was grossly negligent in its training of employees and supposed failure to ensure policies that would not lead to the "panic and confusion" that caused her injuries, so there is no basis for a punitive damages claim. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: March 28, 2024, Case #: 22-2671, Categories: civil Procedure, negligence
J. Russell grants, in part, a manufacturer’s motion to dismiss this products liability, tort, and contract dispute brought by several solar companies. The solar companies request punitive damages and allege the manufacturer sold defective electric power safety cutoff devices, which overheated and failed in multiple projects, creating a high risk of fire and electrocution. The solar companies failed to allege they had a fiduciary or confidential relationship nor that the manufacturer mislead partial or fragmentary statements. Therefore, the fraudulent concealment is dismissed, and the manufacturer must answer the amended complaint. The court will deny the request punitive damages because the burden at this stage has been met on clear and convincing evidence.
Court: USDC Maryland, Judge: Russell, Filed On: March 26, 2024, Case #: 1:23cv1606, NOS: Contract Product Liability - Contract, Categories: civil Procedure, negligence, Product Liability
J. Steigmann finds that the lower court improperly dismissed a medical negligence suit stemming from her treatment for a severe nosebleed. During the treatment, a doctor left impacted gauze in the patient's nasal cavity causing severe pain and swelling. A genuine issue of material fact exists as to whether the patient should have known by May 1, 2020 that the leftover gauze was the cause of her symptoms, which would make her complaint untimely, or if her discovery came later. Reversed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 26, 2024, Case #: 230646, Categories: civil Procedure, negligence, Medical Malpractice
J. Johnson grants mandamus relief to the plaintiff driver who challenges an order granting the truck company's motion to compel an independent medical examination of him for an auto accident case. The company failed to show good cause for the examination, so the order should be vacated.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 21, 2024, Case #: 10-24-00028-CV, Categories: civil Procedure, negligence
J. Lipman partially grants the plaintiff company's motion for a preliminary injunction in this lawsuit brought under the Lanham Act and the Tennessee Consumer Protection Act, alleging that a former employee "engaged in a variety of tortious activities" against the company. The company's motion is granted as to its negligence per se and defamation claims, as the company is likely to succeed on the merits of those claims and the issuance of an injunction will "also serve the public interest."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 19, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: civil Procedure, negligence, Defamation