9 results for 'cat:"Civil Procedure" AND cat:"Evidence" AND cat:"Negligence"'.
J. Rambin finds that the trial court properly entered a take-nothing judgment in a suit stemming from a collision between a disabled vehicle and wrecker along the shoulder of the interstate. Based on the conflicting evidence, it was reasonable for the jury to conclude that neither party's negligence caused the accident and that the crash could not have been avoided. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: February 23, 2024, Case #: 06-23-00062-CV, Categories: civil Procedure, evidence, negligence
J. Mays denies the plaintiff delivery driver's motion for a new trial in this negligence lawsuit alleging that he was injured at the defendant company's warehouse when he was there picking up a delivery and fell off a loading dock. The jury found in favor of the defendant company, and the verdict was not against the weight of the evidence. Also, the admission of a demonstration video does not entitle the driver to a new trial.
Court: USDC Western District of Tennessee , Judge: Mays, Filed On: December 14, 2023, Case #: 2:22cv2190, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, evidence, negligence
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a property owner who was sued for negligence by a surviving relative of a man who died while trimming a tree on the property. After the trial court ruled in favor of the property owner, the relative appealed, arguing that the trial court erred in allowing another neighbor to testify because she was an untimely witness. The court of appeals ruled in favor of the relative and called for a new trial. The court of appeals erred in reversing the trial court’s judgment because the neighbor's testimony did not reach the merits of whether the property owner acted negligently. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 1, 2023, Case #: 22-0288, Categories: civil Procedure, evidence, negligence
J. Spain finds that the trial court properly ruled in favor of the nursing assistant on her claims for negligence and premises liability stemming from an employment-related injury that occurred as she tried to transfer a bariatric patient by herself. The nursing facility's Rule 306a motion in which it sought "to reset postjudgment deadlines" was correctly denied. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 24, 2023, Case #: 14-22-00190-CV, Categories: civil Procedure, evidence, negligence
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J. Spain finds that the trial court properly ruled in favor of the metal facility in a truck driver's negligence suit alleging that his injuries from a slip and fall stemmed from the overloading of his truck by its employees. The truck driver did not sufficiently plead a premises liability claim or give evidence raising a fact issue on his negligent activity claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: July 25, 2023, Case #: 14-22-00130-CV, Categories: civil Procedure, evidence, negligence
J. Greene finds that the trial court improperly sided with the restaurant owner in a suit brought by two patrons who allegedly got sick from eating fried oysters. The owner's excerpts from purported medical records are not admissible for summary judgment purposes, so the evidence does not resolve the issue regarding the identity of the restaurant where the patrons allegedly became sick. Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: July 10, 2023, Case #: 2022CA1130, Categories: civil Procedure, evidence, negligence
J. Wicker finds that the trial court should not have found for a market on a customer's slip and fall claim. There is a genuine issue of material fact as to whether the market caused the dangerous condition the customer slipped in. The customer admitted evidence that the market management was aware that liquid meat byproduct habitually leaked onto the floor. Further, the manager testified that leaking of meat juice was an ongoing issue and that she had seen "chicken juice drippings" on the floor of the store before the fall. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 22, 2023, Case #: 22-CA-404, Categories: civil Procedure, evidence, negligence