113 results for 'cat:"Damages" AND cat:"Negligence"'.
Per curiam, the Florida Supreme Court finds that the court of appeal properly ruled in personal injury claims brought by the surviving spouse because the marriage need not have occurred prior to the injury for a surviving spouse to recover damages. Affirmed.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: SC2022-0597, Categories: damages, negligence
J. White finds the circuit court improperly entered a judgment in the widow's favor after a jury's verdict finding Pabst liable for $6,986,906 in damages stemming from the widow's husband's death from mesothelioma he contracted from asbestos he encountered working as a pipefitter at Pabst and other locations. In her cross-appeal, the widow correctly argues that the circuit court improperly applied the punitive damages statute such that only Pabst's portion of compensatory damages was doubled, not the total amount of compensatory damages she was awarded. All of Pabst's arguments against the judgment and verdict fail, including those challenging the sufficiency of the evidence and the jury instructions. The case is remanded for the circuit court to enter a new judgment against Pabst totaling $13,419,295. Affirmed in part.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: May 7, 2024, Case #: 2022AP000723, Categories: damages, negligence, Asbestos
[Consolidated.] J. McNeill finds that the lower court properly reduced a $250,000 award for loss of earning capacity caused by an injury plaintiff sustained while interning for Western Kentucky University because plaintiff was only due the amount that remained following discharge of medical bills. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: May 3, 2024, Case #: 2023-CA-0521-MR, Categories: Employment, damages, negligence
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant’s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, damages, negligence
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J. Smith finds that the lower court properly entered judgment in this negligence suit arising from a car accident. The appellant argues that he should have been awarded damages after the appellee was found by the jury "to be at fault for the accident." However, the jury's finding of zero damages was not "manifestly unjust." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 05-23-00390-CV, Categories: Tort, damages, negligence
J. Higginson finds the district court properly found the owner of the unpowered drillship to be liable for the ship's moorage breakaway during Hurrican Harvey. Maritime negligence law, rather than a "towage law," was appropriately applied in the court's holding the force majeure contract defense was not available to the ship owner in relation to the tugboat owner hired to tend to the ship during the storm. The tugboat owner also had expressly refused to agree to the terms of the agreement for provision of services. Because the tugboat owner had supplied another vessel to monitor the ship after the breakaway, and that tug failed to stop the vessel’s allision with a University of Texas pier, the court correctly found both owners were equally liable for damages suffered by the school. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: April 24, 2024, Case #: 23-40209, Categories: Maritime, damages, negligence
J. McClarty finds the lower court properly dismissed a client’s legal malpractice action against her former attorney. The client retained the attorney to represent her in a matter concerning a vehicle accident and subsequent unsatisfactory repairs to her motorhome. The attorney took the clients retainer, but avoided communicating with her and never filed any action on behalf of the client. After the client complained, the Tennessee Board of Professional Responsibility placed the attorney on diversion pending the completion of a practice and professional enhancement program, and he returned the retainer. The client then filed the instant action arguing legal malpractice, but at hearing she did not present any evidence supporting her claim of negligence against him or deficient performance. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: April 10, 2024, Case #: E2023-00930-COA-R3-CV, Categories: damages, negligence, Legal Malpractice
J. Brody finds the trial court properly excluded expert testimony from a trip-and-fall trial because the individual missed the disclosure deadline. Future non-economic damages were excluded from jury consideration because the individual repeatedly testified that her memory loss may have been due to old age. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: April 10, 2024, Case #: 49916, Categories: damages, negligence, Experts
J. Palafox finds a lower court partially erred in entering no-evidence summary judgment against an injured passenger after she sued the driver of the vehicle she was in following an accident. The passenger has provided some evidence of causation, and for that reason the case should not have been thrown out entirely — though that passenger has “failed to produce more than a scintilla of evidence of her medical expenses and compensable mental anguish damages.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 4, 2024, Case #: 08-23-00221-CV, Categories: Vehicle, damages, negligence
J. Emas finds the trial court did not err by granting the citizen's motion to amend her complaint to add a claim for punitive damages in her lawsuit against the motorist who backed into her in a parking lot and pinned her between two cars, causing injuries requiring surgery. Despite varying accounts given from witnesses, there was an evidentiary basis to allow the citizen to add her claim for punitive damages because, she asserts, the motorist was drunk at the time of the incident. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 27, 2024, Case #: 23-0639, Categories: Evidence, damages, negligence
J. Burrows finds a lower court properly dismissed a driver's motion for further whiplash injuries compensation. The driver argued that the amount of compensation for pain and suffering was inadequate. However, the government sufficiently showed in court that the amount of the award was proportionate to his injuries. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Burrows, Filed On: March 26, 2024, Case #: 2023UKSC11, Categories: damages, negligence
Per curiam, the appellate division finds that the trial court improperly awarded damages to an employee in claims contending he fell from a ladder while installing gutters. The employee had 25% restricted motion due to trauma-induced arthritis from the accident and resulting surgery, and thus damages for future pain and suffering should have been awarded. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: CA 22-01778, Categories: damages, negligence
J. Ortego affirms the allocation of fault and damage awards in an auto accident case involving a car/ambulance collision. The dash cam video from the ambulance, photographs and expert testimony support the allocation of 40% fault to the ambulance driver and 60% fault to his employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: CA-23-601, Categories: Tort, damages, negligence
J. Doyle finds that the trial court properly denied Walmart's motion for judgment notwithstanding the verdict after a jury awarded the couple $300,000 in damages in a negligence action arising from injuries the wife suffered in a slip-and-fall incident due to WD-40 on the floor. The trial court correctly found that the couple was not judicially estopped from recovering damages in excess of $75,000. A functional capability evaluation showed a change in circumstances due to the lingering effects of the wife's physical limitations and disorders. Additional evidence in discovery also showed that the WD-40 leaked onto the floor and was not sprayed by third party individuals. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1198, Categories: damages, negligence
[Consolidated.] J. Fitzgerald finds that the jury erred in its allocation of fault and the trial court improperly reduced damages awarded in an auto accident case stemming from an incident where a box truck rear-ended a police cruiser, seriously injuring a deputy sheriff. The nonparty background check company was erroneously added to the jury verdict form despite the defendant parties' pre-trial judicial confession as to liability for the crash. The issue in the verdict form led to an incorrect assessment of 200% liability, with the trial court then reducing the $5 million in damages by the 30% assessed to the background check company. Thus, the liability is amended to assign 75% to the truck driver and 25% to his employer, and the damages are restored to $5 million. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 6, 2024, Case #: CA-23-488, Categories: Civil Procedure, damages, negligence
J. Christopher finds that the trial court properly ruled in favor of the auto parts delivery driver in her personal injury suit over a rear-end crash caused by another driver. The evidence sufficiently supports the damages awarded to the delivery driver for medical expenses and the finding that the accident caused the injuries to her cervical spine and hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: March 5, 2024, Case #: 14-23-00338-CV, Categories: Evidence, damages, negligence
J. Herrera denies the trucking company's motion for partial summary judgment on a claim for punitive damages, ruling the truck driver's previous refusal of a drug test, a positive test for methamphetamine that resulted in a suspension and the company's failure to monitor the driver's logbooks, when taken together, allow the injured driver to prove the mental state required for reckless or wanton conduct.
Court: USDC New Mexico, Judge: Herrera, Filed On: February 28, 2024, Case #: 1:22cv36, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, damages, negligence
J. Roumel finds the instant court lacks jurisdiction in this matter of alleged negligence and damages associated with a claim of enslavement of Moorish Americans. The action names the President and the estate of former President Lincoln as defendants, and the instant court may only consider claims against the United States, not government officials in their individual capacity. The action also relies on international declarations and resolutions as a foundation for allegations of human rights violations and other matters, and the instant court lacks jurisdiction in matters of international law. The court also lacks jurisdiction concerning all other claims brought forth by the claimant. Dismissed.
Court: Court of Federal Claims, Judge: Roumel, Filed On: February 23, 2024, Case #: 23cv1044, Categories: damages, negligence, Jurisdiction
J. Milazzo denies a request by the manufacturer of a chemotherapy drug to dismiss 47 cases in the mass product liability litigation in which the litigant has passed away, in some cases, years ago. It is the burden of the litigants’ counsel to notify the decedent’s representatives, not the drug-maker.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 23, 2024, Case #: 2:16md2740, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, damages, negligence
J. Kennedy finds that the lower court properly denied the employee's request for a new trial in this negligence lawsuit stemming from a bicycle accident. The employee was granted a default judgment but was not awarded the full damages he sought. The lower court did not abuse its discretion by not awarding damages for past pain and suffering or physical impairment. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: February 22, 2024, Case #: 05-23-00311-CV, Categories: damages, negligence
J. Flynn finds that the Appeals Court properly affirmed the trial court's conclusion that the evidence supported punitive damages but that imposing $10 million in punitive damages would violate the apartment complex’s due process rights. The trial court correctly determined that the maximum amount of punitive damages that due process would permit on this record is nine times the amount of compensatory damages awarded by the jury against each defendant. Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: February 15, 2024, Case #: S069417, Categories: damages, negligence, Due Process
J. Pallmeyer partially grants several mental health center workers’ motion to reconsider an earlier ruling, which partially denied their motion for summary judgment on a former patient’s failure to intervene claim. That former patient was sexually abused by another center worker, who has since pleaded guilty to criminal charges. The patient then brought damages and failure to intervene claims against other workers, with subsequent summary judgement rulings tossing all but the failure to intervene claims against five individuals. On reconsideration, the court now tosses the claims against one more worker, while they stand for the remaining four.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 15, 2024, Case #: 1:17cv7909, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, damages, negligence
J. Van Tatenhove finds in favor of the property owners regarding the jurisdiction of a property damages case. No parties were improperly added to the case, and because there is a reasonable question regarding the amount of damages, the state court is the proper venue for the case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 8, 2024, Case #: 5:23cv247, NOS: Torts to Land - Real Property, Categories: damages, negligence, Jurisdiction
J. Mathias finds that the trial court properly ruled in property damage claims stemming from a helicopter crash because evidence indicates the helicopter had been delivered in good working condition and that the crash resulted from engine failure following maintenance. Since the helicopter was returned in worse condition, plaintiff was entitled to damages equal to the value of the aircraft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: February 5, 2024, Case #: 23A-MI-1987, Categories: Property, damages, negligence
J. Hixon finds an $11,000 damages award to a driver and passenger in a collision case was adequate. The oilwell worker, driving in the scope of his employment, struck the injured parties' vehicle when stopped at a stop sign. Although the oilwell worker's behavior constitutes reckless driving, the injured parties fail to show this automatically warrants an instruction on punitive damages. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: February 1, 2024, Case #: 120288, Categories: Vehicle, damages, negligence