121 results for 'cat:"Civil Procedure" AND cat:"Tort"'.
Per curiam, the Texas Supreme Court grants a company's petition for mandamus relief in a premises liability case filed by a guest who was injured during her stay at a resort owned by the company. After failing to answer the guest's suit, the trial court signed a default judgment against the company. The judgment was drafted by the guest's counsel and contained language noting it as the "Final Default Judgment." Despite its language, the judgment is not final and the company should be allowed to challenge the default judgment.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-1100, Categories: civil Procedure, tort
J. Rambin affirms a trial court’s summary judgment ruling against one of two female family members in a car collision action, finding the older female’s claim in the suit is time-barred. On appeal, however, the trial court’s ruling of summary judgment is reversed and remanded as improper as to the younger female because she was a 16-year-old minor at the time of the accident; the limitations were tolled until she reached 18. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: May 10, 2024, Case #: 06-24-1, Categories: civil Procedure, tort, Vehicle
J. Montoya-Lewis finds that the court of appeals properly ruled that the trial court should not have dismissed the personal injury dispute due to a failure to properly serve one of the parties. The person that was served was an HR manager at the business being sued, and given her employment position there, she was a proper person who could be served in a legal dispute. The case may now proceed to trial. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: May 9, 2024, Case #: 102147-0, Categories: civil Procedure, tort
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: civil Procedure, tort, Attorney Fees
J. Young finds that the court of appeals improperly ruled against Texas State University in an injury case that was filed by an individual who was thrown from a golf cart being driven by a university employee. While the individual sued the driver and the university before the two-year statute of limitations expired under the Texas Tort Claims Act, she did not serve the university until three years after the limitations had expired. Both the action of filing a lawsuit and serving the parties involved is included in the two years allotted to plaintiffs. Because the individual failed to meet that standard, the claims against the university should be dismissed. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: May 3, 2024, Case #: 22-0291, Categories: civil Procedure, Government, tort
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J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: civil Procedure, Education, tort
J. Currault grants a request by a woman injured in a traffic accident with the driver of a truck owned by a holding company, compelling disclosure of the individual owners of all members of its limited liability corporations. The holding company’s responses are insufficient, and the citizenship of the truck’s owners is a “fundamental threshold issue” that must be addressed. “Although this may be a case in which sealing the identities of upstream owners may be justified,” the holding company must provide the litigant with a redacted list of individuals or entities.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 18, 2024, Case #: 2:22cv480, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, tort, Discovery
Per curiam, the appellate division finds that the lower court improperly denied the police officer's petition to serve a late notice of claim on the city in a slip and fall suit. The officer's line-of-duty injury report provided the city timely notice of the essential facts constituting the claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02058, Categories: civil Procedure, tort
Per curiam, the appellate division finds that the lower court properly dismissed the woman's personal injury suit against the housing authority. While the statute of limitations to file was tolled as a result of the Covid-19 pandemic, she still filed suit almost three months past the tolled deadline. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02010, Categories: civil Procedure, tort, Covid-19
Per curiam, the appellate division finds that the lower court improperly granted the man's motion for leave to file a late notice of claim against the city in a construction injury suit. The man's assertion that he did not learn the seriousness of his shoulder injury until months after the accident is not a reasonable excuse for his delay in serving a notice of claim, given that he filed a workers' compensation claim just weeks after the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01998, Categories: civil Procedure, Construction, tort
Per curiam, the appellate division finds that the lower court improperly granted a defendant's motion to dismiss this personal injury suit as untimely. Due to the tolling provision of the executive orders issued during the Covid-19 pandemic, the statute of limitations within which the plaintiff was required to file this action was tolled 228 days. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01790, Categories: civil Procedure, tort
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: civil Procedure, Jury, tort
J. Gray finds that the lower court improperly tossed a lawsuit stemming from a car accident. The lower court tossed it on the grounds that it was barred by the statute of limitations, but because one of the people involved in the car crash did not attempt to locate the other party while they were out of state, the statute of limitations had not yet begun to toll. The case was not untimely as a result and can proceed. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: March 29, 2024, Case #: S-23-0219, Categories: civil Procedure, tort
J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, tort
J. Myers denies an airline traveler’s motion to set aside judgment after her federal tort claim was dismissed as her reason is not persuasive. Following her suit against some TSA officers for false imprisonment, which was dismissed, she appealed but the pleadings were deficient. She claims that as her mother was severely ill and the traveler herself was 18 years old at the time, she did not have the support she needed to further engage in litigation. However, this does not meet the criteria warranting setting aside judgment under federal rules of civil procedure.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 22, 2024, Case #: 5:21cv338, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Government, tort
[Consolidated.] J. Troutman finds that the appellate division improperly affirmed granting late notices of claim against the City of New York by two men who separately alleged harm through a jailhouse beating and malicious prosecution. In neither case did the man provide sufficient sworn evidence of intentional tort, nor was any court inquiry made into whether the city had independent knowledge of purported employee conduct that led to the claims. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 21, 2024, Case #: 15, Categories: civil Procedure, tort
J. Miskel finds that the lower court properly denied the appellant company's dismissal motion in this personal injury lawsuit stemming from an industrial accident, in which the appellee was allegedly injured while performing repair work at a recycling plant. The company sought dismissal based on a failure to file a certificate of merit pursuant to chapter 150, but the lower court did not abuse its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 13, 2024, Case #: 05-23-00219-CV, Categories: civil Procedure, tort, Negligence
J. Clark finds the trial court lacked jurisdiction over the construction company's request for a prejudgment remedy because the application was based on vexatious litigation claims assigned by another company that fall under a category of tort claim that cannot be assigned from one party to another. Therefore, the judgment made by the lower court will be vacated and the case will be dismissed. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 1, 2024, Case #: AC45845, Categories: civil Procedure, tort
J. Chin finds that the district court improperly dismissed claims brought under the Federal Employers' Liability Act concerning an injury after initially declining to find for the transit agency. Two years after the initial decision, and just days before a bench trial, the court reconsidered and granted summary judgment without providing the parties notice or allowing the employee to oppose the finding.
Court: 2nd Circuit, Judge: Chin, Filed On: February 27, 2024, Case #: 22-1921-cv, Categories: civil Procedure, Employment, tort
Per curiam, the court of appeals finds that plaintiff's appeal should be dismissed as brought from the denial of her request to amend the bill of particulars in personal injury claims brought against her landlord because the denial did not finally determine the action, and plaintiff's own recklessness in climbing to the building's rooftop was found to be the sole cause of the accident.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: February 15, 2024, Case #: 59 SSM 12, Categories: civil Procedure, tort
J. Kennedy finds that the lower court properly granted summary judgment to the appellee on the appellant's negligence claim stemming from an alleged automobile accident. The lower court did not err in dismissing the appellant's claim based on a "lack of due diligence in serving process." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 15, 2024, Case #: 05-22-01363-CV, Categories: civil Procedure, tort