8 results for 'cat:"Civil Procedure" AND cat:"Tort" AND cat:"Vehicle"'.
J. Palafox finds a lower court erred in denying a citizen's motion to reinstate a case after she sued a school district following a car accident with a school bus. While the case was dismissed due to their lawyer's "failure to appear at two hearings," the citizen has established that the absence was "not intentional or the result of conscious indifference" on her part. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 21, 2023, Case #: 08-23-00083-CV, Categories: civil Procedure, tort, vehicle
J. Pedersen finds that the lower court improperly dismissed the appellant's claim based on a failure to appear for trial in this case arising from a motor vehicle accident. The lower court abused its discretion by allowing the appellant motorist's new trial motion to be denied by operation of law, as the appellant provided a reasonable explanation for her failure to appear. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 13, 2023, Case #: 05-22-00997-CV, Categories: civil Procedure, tort, vehicle
J. Stewart finds the lower court properly dismissed a suit where a guardian failed to properly serve the lawsuit to the driver regarding a motor vehicle accident. Because the first action was dismissed for want of prosecution, the second action was properly dismissed based on res judicata. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 27, 2023, Case #: SC-2022-0982, Categories: civil Procedure, tort, vehicle
J. Cunningham finds that the appeals court properly reversed the lower court's decision to dismiss this personal injury suit stemming from a car accident involving a driver that passed away a year into the resulting litigation. Because an estate was never opened for the deceased driver and there was no personal representative to defend the lawsuit, the plaintiff acted properly in moving to appoint a special representative. Affirmed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: October 26, 2023, Case #: 128468, Categories: civil Procedure, tort, vehicle
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J. Emas finds partially in favor of the citizen in his lawsuit against the towing company over the towing, storage and ultimate sale of his car by a state agency. The trial court's summary judgment order in favor of the towing company is upheld as to the claim under Florida law related to giving notice about the sale of impounded cars, but the trial court is reversed as to the civil theft claim and claim under the Florida Deceptive and Unfair Trade Practices Act because it did not address these claims on the record in its decision as required. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: September 20, 2023, Case #: 22-0915, Categories: civil Procedure, tort, vehicle
J. Palafox conditionally grants mandamus relief to the U.S. Postal Service and a postal carrier who were sued following a vehicle collision. Both the Postal Service and carrier argued that a local electric company and resident should be designated as third parties because they allege that a telephone pole, a rock wall and shrubbery obscured visibility and contributed to the accident, and the parties timely moved to designate them.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 16, 2023, Case #: 08-23-00100-CV, Categories: civil Procedure, tort, vehicle