48 results for 'cat:"Property" AND cat:"Tort"'.
J. Gladwin finds the circuit court properly granted the easement in favor of the industrial board. The property owner installed a gate across a roadway that had been used by the owner as well as the board to access its own aggregate materials property for more than 30 years. The board has no other means of access, with no adequate remedy of law, and will suffer irreparable harm as a result of the owner's installing the gate. The owner had been properly served and is not entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 1, 2024, Case #: CV-23-356, Categories: property, tort
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Per curiam, the appellate division finds that the lower court improperly denied the property owner's motion to dismiss personal injury claims stemming from a trip and fall on a sidewalk. The property abutting the sidewalk where the woman fell was an owner-occupied, residential property, so he cannot be held liable for defects in the sidewalk. Further, he showed that he did not create the uneven condition on the sidewalk. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01797, Categories: property, tort
Per curiam, the appellate division finds that the lower court properly denied the restaurant's motion to dismiss claims stemming from a woman's trip and fall on a hose on the sidewalk abutting the property. The restaurant hired the oil clean-up company whose hose lay across sidewalk, and this conduct may qualify as making "special use" of the sidewalk, exposing the restaurant to liability. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01835, Categories: property, tort
Per curiam, the appellate division finds that the lower court properly denied the realty firm's motion to dismiss a trip and fall suit stemming from a man's fall over a pipe protruding from one of the steps of a staircase on a commercial property. The firm failed to show that the pipe at issue was an open and obvious hazard, even if the injured man knew about the existence of the pipe before the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01830, Categories: property, tort
J. Eagles partially grants a motion for extension of time to obtain timely and valid service to the parents of a Black child whom a white woman allegedly struck in the face while he and his sister visited a swimming pool on the property she manages. The parents do not have good cause for having missed their deadline to obtain service of process on the apartment complex where the white woman worked, but they do show good cause to extend the deadline in their service of suit to the property owner.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 20, 2024, Case #: 1:23cv689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, property, tort
J. Hoyle finds the trial court properly ruled in favor of the dog attack victim. Though the dogs were kept on adjoining properties, and there were questions as to who was in actual possession of them as well as who controlled the property, the jury found certain property owners to share in certain percentages of negligence. One of the owners, however, lacked superior ability to control the property, and the evidence is legally insufficient to support a finding of negligence as to this owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 13, 2024, Case #: 12-22-00297-CV, Categories: property, tort, Negligence
J. Sessions grants two neighbors’ motion to dismiss nuisance and intrusion-upon-seclusion claims brought by a property owner. The property owner and his family are practicing Jews with many relatives on the property; they say the neighbors have filed complaints with the town zoning authority and the police department. He fails to state a claim for nuisance or intrusion upon seclusion.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, property, tort
J. Greene finds that the trial court properly ruled in favor of the property owners in their suit against the city over damages resulting from its failure to maintain a public drainage servitude. The owners' claim for compensation was not prescribed based on the cited statute, which did not apply. Also, there was no error in the damages award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 21, 2024, Case #: 2023CA0219, Categories: property, tort, Damages
J. Kelly finds that the lower court improperly in part ruled against a ranch after it sued a pipeline owner with claims that a pipeline leaked on its property, causing contamination. While the lower court correctly tossed a series of fraud and trespass-related claims due to a lack of evidence pointing to intent, the farm's primary tort claims have the right to proceed. Despite the pipeline owner claiming there was no leak, an expert's report says there have been traces of diesel fuel and gasoline at the property, a fact that even alone is enough to show evidence of damage to the property. Reversed in part.
Court: 10th Circuit, Judge: Kelly, Filed On: February 13, 2024, Case #: 23-7001, Categories: property, tort
J. Kelly finds the trial court properly dismissed the previous owner's breach of contract claims against the current owner, alleging that his decision to sell the property to a developer violated the purchase agreement transferring the property. On appeal, the previous owner argues that his oral agreement with the current owner made clear that the property could not be sold before the balance of a 10-year loan was paid off. Contrary to the alleged oral agreement, a promissory note unambiguously reflects a possibility of the sale of the property before the loan is paid off and any penalties that may be incurred were the current owner to decide to sell the property. The existence of such an agreement negates the previous owner's claims of fraud, thus justifying the trial court's dismissal of his claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: February 7, 2024, Case #: 03-22-00399-CV, Categories: property, tort, Contract
J. Conley finds for the federal government in a lawsuit from property owners claiming that trees on their property have been damaged by road salt running off from a neighboring VA medical center. The property owners have failed to bring sufficient evidence to support their takings and private nuisance claims such that a reasonable jury could determine the VA center's salt storage is responsible for the damage to their trees, so the government's motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 29, 2023, Case #: 3:22cv395, NOS: Torts to Land - Real Property, Categories: Constitution, property, tort
J. Immergut dismisses the hotel and management corporation from the trafficking survivor's complaint accusing them of knowingly benefitting from the sex trafficking committed against her on their premises. The trafficking survivor does not plausibly establish that either the hotel or the management corporation participated in a sex trafficking venture, because she does not allege sufficient facts establishing a tacit agreement between them and her sex trafficker.
Court: USDC Oregon, Judge: Immergut, Filed On: December 20, 2023, Case #: 3:23cv388, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, tort
J. Gruber finds the circuit court improperly granted $13,000 in attorney fees to the husband in a consolidated divorce, conversion and replevin action. The only cause of action the husband prevailed upon was for replevin, which is not a cause of action for which there is statutory authority to award fees. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: December 6, 2023, Case #: CV-22-292, Categories: Family Law, property, tort
J. Simon denies an ex-husband’s motion to dismiss, for lack of subject-matter jurisdiction, a legal dispute stemming from a “messy divorce.” The fact that this case stems from a divorce proceeding is not alone enough to trigger the “domestic relations exception,” nor is this case barred by the principle of res judicata.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: November 21, 2023, Case #: 2:22cv145, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, tort, Jurisdiction
J. Illston declines to dismiss claims from a resident who says that a sugar processing facility in town releases such foul, noxious odors that he can't enjoy his home or his neighborhood. The man is attempting to pursue the case as a class action, and while the record is too sparse at the moment to determine if certification is in order, the resident has plausibly alleged that the sugar facility forces him to keep his windows closed, stay out of his yard and refrain from inviting company over.
Court: USDC Northern District of California, Judge: Illston, Filed On: November 15, 2023, Case #: 3:23cv3192, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, tort
J. Cain declines to find in favor of the railway company on the property owner's class action claims that his property was contaminated by the storage and transfer of creosoting products from nearby properties by the railway company. Although further discovery will be necessary to support the property owner's claims, he has provided sufficient evidence at this point to refute the railway company's contention that there was no creosote contamination near the owner's property.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: November 3, 2023, Case #: 2:20cv53, NOS: Torts to Land - Real Property, Categories: property, tort, Class Action
J. Riggs grants, in part, the oil and gas companies' motion to dismiss, ruling the property owner does not state a plausible claim for ejectment because the oil companies did not possess the land on which they allegedly trespassed. However, the eight notices sent by the owner to the companies about their continued trespass with vehicles and through the construction of fences clearly made management aware of the trespassing and allows the claim for punitive damages to proceed.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 30, 2023, Case #: 2:23cv257, NOS: Torts to Land - Real Property, Categories: property, tort, Damages
J. Herndon finds the district court properly dismissed this civil racketeering and tort action, denying the alleged inventor of the intellectual property’s motion to amend. After the inventor filed bankruptcy when his gaming business failed, partners opened another business using the disputed property. The statute of limitations had expired on the inventor’s claims, and any amendment would have therefore been futile. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: October 26, 2023, Case #: 84720, Categories: Copyright, property, tort
J. Joseph grants the chemical manufacturer's motion to file a third-party complaint against the developer's parent company in the developer's lawsuit seeking compensation for cleaning up chemical contamination at its properties. Despite the developer's arguments that the manufacturer's motion is untimely and that its parent company is not a party of interest in the case, the manufacturer has satisfied all the requirements necessary to file its third-party complaint under federal rules.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: October 24, 2023, Case #: 2:20cv1694, NOS: Environmental Matters - Other Suits, Categories: Environment, property, tort
J. Fischer grants Torrance Refining Company summary judgment against the property owner's nuisance claim alleging that TORC's refinery released toxic air and subsurface emissions into the air, groundwater and soil that extended onto his private property. The property owner's expert cites unpersuasive guidelines for his argument that TORC's emissions gave him an unreasonably elevated risk of cancer, and the property owner otherwise does not prove that he suffered significant harm after his limited exposure to the air and ground emissions.
Court: USDC Central District of California, Judge: Fischer, Filed On: October 18, 2023, Case #: 2:17cv2477, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, tort
J. Higginson finds the district court improperly found the city violated the takings clause when it refused to compensate the homeowner for damage to her property caused by police officers use of armored vehicles, explosives and toxic-gas grenades to resolve a hostage situation. History and precedent affirm that the takings clause does not require compensation for damaged property when the destruction was objectively necessary to prevent imminent harm to persons in an active emergency. Reversed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 11, 2023, Case #: 22-40644, Categories: property, tort, Police Misconduct
J. Golemon finds the trial court properly granted summary judgment in favor of the home builder in this negligence suit arising from a slip and fall occurring on the property of or near one of the company’s model homes. No evidence has been shown that the builder had actual or constructive notice of “slime” on the curb outside the home, caused by the home’s lawn sprinkler system. No duty to protect exists. The injured party’s guess that slime takes days or weeks to form is not competent summary judgment evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 5, 2023, Case #: 09-21-00404-CV, Categories: property, tort, Negligence
[Consolidated.] J. Copenhaver, following an 18-day bench trial from July 6 through Aug. 3, 2022, finds the chemical and polymer producer violated the Clean Water Act by discharging unpermitted stormwater across adjacent industrial property owned by the management company and into the Davis Creek watershed via shallow ditches and culverts at its technical center in South Charleston.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: September 28, 2023, Case #: 2:18cv1230, NOS: Torts to Land - Real Property, Categories: Environment, property, tort
J. Golemon finds the trial court properly entered summary judgment in favor of the property companies in this trespass, water diversion and negligence suit brought by a purchaser whose land tract flooded, claiming it was caused by development on either side of his tract. During the significant period, Tropical Storm Imelda produced nearly 17 inches of rain, which caused flooding irrespective of the development. The purchaser failed to present evidence raising a genuine issue of material of fact as to causation. The purchaser’s deposition testimony conclusively established that he came onto the companies’ property without authorization, and summary judgment was properly granted on their trespass counterclaim. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: September 28, 2023, Case #: 09-21-00267-CV, Categories: Evidence, property, tort
[Consolidated.] J. Coogler grants the county defendants and federal defendants dismissal of the homeowners' property damage claims they say stems from a poorly placed storm drainage system. The homeowners claim that the placement of the storm drain contributed to the slope failure that damaged their homes and that the damage results in a "taking" of their property by the county defendants. However, these allegations do not show that the county defendants engaged in any conduct that would legally constitute a "taking." The court lacks subject matter jurisdiction over the claims against the federal defendants.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:23cv314, NOS: Torts to Land - Real Property, Categories: Government, property, tort