52 results for 'cat:"Civil Procedure" AND cat:"Wrongful Death"'.
J. Pfeiffer dismisses the trucking company's appeal from a judgment in favor of the of family in a wrongful death suit stemming from a car accident. Even though the default judgment erred in referencing both mother and father as parties to the judgment, the default judgment was enforceable as written. The company's appeal is mooted by its settlement with the mother during the pendency of this appeal.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: April 23, 2024, Case #: WD86465, Categories: civil Procedure, wrongful Death
J. Johnson affirms the district court's grant of the driver's wife's motion to dismiss the passenger's child's wrongful-death action stemming from a collision that killed the driver, the passenger and a third-party motorcyclist. A plaintiff may not assert a wrongful-death claim based on the alleged negligence of a deceased person by suing the person appointed as a trustee to commence a wrongful-death action for the benefit of that deceased person's spouse and next of kin rather than suing the personal representative of the deceased's estate. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 22, 2024, Case #: A23-1080, Categories: civil Procedure, wrongful Death
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. Olson finds that the trial court properly denied a beauty product manufacturer’s motion for non-suit in this case wherein the daughter of a deceased hairdresser alleges her mother contracted mesothelioma as a result of decades of being exposed to the company’s asbestos-containing beauty products. The manufacturer failed to provide evidence that the asbestos claim lacked merit. Affirmed in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: April 10, 2024, Case #: J-A28007-23, Categories: civil Procedure, wrongful Death, Asbestos
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J. Murray finds that the lower court improperly entered summary judgment in favor of a doctor in this medical malpractice suit in which a wife alleges her husband was discharged from a hospital without proper warning about the risk of clotting in the future, resulting in his subsequent death from a pulmonary embolism. The deceased patient’s estate presented sufficient evidence to allow a jury to assign liability against the involved physicians. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 9, 2024, Case #: J-A03032-24, Categories: civil Procedure, wrongful Death, Medical Malpractice
J. Mitchell finds that the lower court properly denied the insurer's motion to intervene in a wrongful death action for the sole purpose of seeking a stay of the wrongful death action until a separate declaratory judgment action in federal court could resolve the insurer's duty to indemnify the homeowner. The insurer has no right to intervene in a case in which it lacks a direct interest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 2, 2024, Case #: WD86442, Categories: civil Procedure, Insurance, wrongful Death
J. Kelly grants the Oklahoma Department of Human Services employees' motions to dismiss with respect to the Section 1983 claims in this case arising from the death of an infant allegedly "at the hands of his foster mother." The complaint contends that the employees would have known about the foster mother's "referrals for potential child welfare concerns and domestic violence" based on an OKDHS database. However, the court concludes that the Section 1983 claims are barred by limitations. Also, the remaining state law claims are remanded to state court.
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: March 28, 2024, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, wrongful Death
J. Pickett finds that the trial court properly dismissed the independent administrator's claims stemming from the deaths of his family members from carbon monoxide poisoning after they used a generator following hurricane-related power outages. Based on the relevant statutes, the independent administrator lacked a cause of action to sue for survival and wrongful death damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: CA-23-455, Categories: civil Procedure, Product Liability, wrongful Death
J. Cannataro finds that the appellate division should have upheld a directed verdict entered for a mother who sought to affix liability for her son's death by drowning while swimming in a creek near low-head dams. Neither the mother nor the joint-counties oversight board was due a directed verdict on evidence that was insufficient to eliminate questions as to whether ownership of the dams ran with the land under them or had been transferred to the board by the federal agency that built them. Because the jury followed a rational process at trial and found the board not liable, remittal is necessary to reinstate that verdict.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: January 16, 2024, Case #: 08, Categories: civil Procedure, Property, wrongful Death
J. Connolly partially reverses the district court's dismissal of the father's wrongful death action against the mental health treatment provider stemming from the overdose death of his son in the provider's care. While the district court correctly determined that a statute requiring that plaintiffs include expert testimony in a prima facie case for medical malpractice claims, it abused its discretion in dismissing the father's wrongful-death claim for failure to serve an expert-review affidavit within the three-year statute of limitations for wrongful-death actions because the affidavit was filed within a 60-day safe harbor period. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: January 16, 2024, Case #: A23-0483, Categories: civil Procedure, wrongful Death, Medical Malpractice
J. Fischer finds that Ohio's statute or repose applies to all medical negligence and malpractice claims, including those for wrongful death; therefore, the appeals court erroneously reinstated the case against the hospital for the patient's death. The statute's language explicitly states it covers all medical claims, which unambiguously includes wrongful death actions. The statute governing those claims does not include any sections with a separate filing limitation; therefore, the trial court's dismissal will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 28, 2023, Case #: 2023-Ohio-4670, Categories: civil Procedure, wrongful Death, Medical Malpractice
J. Brown finds the lower court properly granted the city's motion to dismiss wrongful death claims filed by the family of the girl killed when she was struck by a vehicle while streetlights were not working. The family's lawsuit against the driver of the vehicle precluded any additional suits under Colorado's Wrongful Death Act. The Act allows for one civil action to recover damages for the wrongful death of an individual, and while the family settled and dismissed the suit against the driver, that settlement resulted in damages for the actions that led to the girl's death and, therefore, constituted a civil action. Affirmed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: November 22, 2023, Case #: 2023COA111, Categories: civil Procedure, wrongful Death
J. Chasanow grants, in part, a mother's motion for leave to amend in this wrongful death complaint stemming from a vehicle collision. She moves to clarify the sole installer of a guardrail and to add a strict liability claim against the seller of the "X-Lite Terminal System." The first amendment is approved. However, the strict liability claim will be barred if she cannot show how it relates to the original claim.
Court: USDC Maryland, Judge: Chasanow, Filed On: November 17, 2023, Case #: 1:21cv311, NOS: Tort Product Liability - Real Property, Categories: civil Procedure, Vehicle, wrongful Death
J. Stabile finds that the lower court properly sustained the preliminary objections of a methadone clinic that gave a driver a larger-than-normal dose of methadone prior to his hitting a runner, who suffered fatal injuries. Given the lack of foreseeability of the runner’s death, his estate failed to state a claim against the clinic for public endangerment. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 14, 2023, Case #: J-A11004-23, Categories: civil Procedure, Negligence, wrongful Death
[Consolidated.] J. Thapar finds the lower court properly granted the government's motion to dismiss tort claims filed by the decedent's estate and his family members. The estate failed to file an administrative claim with the Department of Homeland Security before it filed suit, while the family members waited more than a year past the statute of limitations before they filed both the administrative claim and the federal lawsuit. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 8, 2023, Case #: 22-1591, Categories: civil Procedure, Tort, wrongful Death
J. Gillmor defers ruling on the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by the air traffic controllers. The government’s expert is permitted to testify at trial, allowing the court to determine the reliability and admissibility after the evidence and testimony is presented. The family’s motion to compel production of certain software are inadequately pleaded.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: civil Procedure, Experts, wrongful Death
[Consolidated.] J. Van Meter finds that the court of appeals should have dismissed civil claims contending a young girl died of carbon monoxide poisoning after residential contractors performed work on their house because plaintiffs delayed more than two years before appointing an administratrix for the estate after the original administrator passed away. Reversed.
Court: Kentucky Supreme Court, Judge: Van Meter, Filed On: October 26, 2023, Case #: 2022-SC-0177-DG, Categories: civil Procedure, wrongful Death