165 results for 'cat:"Evidence" AND cat:"Negligence"'.
J. Shorr finds the trial court properly determined there was sufficient evidence in the record to support the “less-satisfactory evidence” jury instruction. “Plaintiff’s contention that the less-satisfactory evidence instruction was not harmless is not sufficiently related to the evidence at issue or the trial court’s actual ruling."
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: May 15, 2024, Case #: A179622, Categories: evidence, Jury, negligence
J. Johnson finds that the trial court properly dismissed a hotel visitor's fall claim against the hotel when a bottom cushion of the chair slid out as he sat down, causing him to fall forward. In this case, the visitor's videotape of a hotel employee allegedly admitting to the defective nature of the chair was not admitted because the videotape was not properly authenticated. Further, the hotel submitted an affidavit of an employee who stated she observed and inspected the chair and that the chair was not defective. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-449, Categories: evidence, negligence
J. Wood finds the circuit court improperly granted summary judgment in favor of the hospital in a slip and fall case. Though the hospital says a "wet floor" sign was in place near the puddle of water where the patient fell, testimony from the patient and a hospital employee creates a question of fact on the issue of whether there was a recurring leak in the area. The court’s finding there was not a recurring leak is premature. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CV-23-146, Categories: evidence, Tort, negligence
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[Consolidated.] J. Herman finds that the trial court should not have denied a truck driver's motion to continue trial after he claimed that the car driver concealed telephone calls with “an indicted conspirator in over 50 staged accidents.” In this case, the possibility of fraud being perpetrated on the judicial system constitutes good cause for a continuance. The record shows that the car driver placed or received approximately 30 calls to and from the indicted conspirator on the day of the accident, both before and after the collision. Vacated.
Court: Louisiana Court Of Appeal, Judge: Herman , Filed On: May 8, 2024, Case #: 2023-CA-0480, Categories: evidence, negligence
J. Wicker finds that the trial court should not have found for the defendant driver in this car collision action because the trial court admitted the defendant driver's out-of-court statements that she had the green light. The plaintiff driver's undisputed testimony stated that he had the green light and did not see the defendant driver's car when he entered the intersection, which supports that the accident was solely caused by the defendant driver. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 8, 2024, Case #: 23-CA-298, Categories: evidence, negligence
J. Lobrano finds that the city court properly awarded damages to a shopper who suffered a slip and fall in a market. The market had constructive notice of the green pepper that the shopper slipped on because the video evidence shows that the pepper fell from another shopper’s basket and remained on the floor for over 15 minutes. The video also shows an employee looking at her smart watch and not being busy with customers directly before the fall happened. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 7, 2024, Case #: 2023-CA-0587, Categories: evidence, negligence
J. Byrne finds the lower court properly applied the "primary-assumption-of-risk" doctrine and granted the motions for summary judgment filed by the daycare and swimming pool. the risk of drowning at the pool was voluntarily assumed by the child and his parents when he swam during a trip with his daycare class. Although the daycare did not communicate its "swimmers" and "non-swimmers" wristband policy to lifeguards when its children arrived at the pool, this did nothing to increase the risk of drowning, especially considering the lifeguards could not see the child's wristband and he was in the proper, shallow end of the pool when he went underwater. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: May 6, 2024, Case #: 2024-Ohio-1726, Categories: evidence, 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
J. Wicker finds that the trial court properly dismissed a plaintiff's driver's claim against the defendant driver in a three car collision. In this case, the defendant driver testified that he was hit from behind by a third driver and that the impact caused his car to hit the plaintiff driver's car. The police report indicated minimum damage to the front of the defendant driver's car, supporting that he was pushed into plaintiff's car, and the photographic evidence shows a strong impact between the third driver's car and the defendant driver's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 1, 2024, Case #: 23-CA-489, Categories: evidence, Tort, negligence
J. Windhorst finds that the trial court properly found for the parish on a pedestrian's claim that he fell into an improperly maintained manhole up to his hips. The parish did not have constructive knowledge about the dangerous condition of the manhole because three days after the incident, a parish employee inspected the manhole and found nothing unusual about it. Also, the parish had no prior work orders for the manhole cover, and there was no history of injuries involving the manhole cover. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: May 1, 2024, Case #: 23-CA-498, Categories: evidence, negligence
J. Ervin-Knott finds that the trial court should not have found for a hotel on a guest's negligence action after he was injured in a robbery in the hotel parking area. Although the hotel presented evidence to show that there was no prior criminal activity in the parking area, there is a genuine issue of material fact regarding the foreseeability of criminal activity. In this case, the location, nature, and condition of the hotel were not taken into account. This court has repeatedly found that a lack of prior criminal acts at a certain place does not automatically render a crime unforeseeable. Further, the guest testified to New Orleans' high crime rate at the time of the incident, and the lack of a manager or hotel workers in the lobby at the time of the robbery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: April 25, 2024, Case #: 2023-CA-0731, Categories: evidence, negligence
J. Robinson finds that the trial court should not have granted a partial finding for the plaintiff driver on the issue of causation of injury. The evidence presented did not show that the plaintiff driver was in good health prior to the accident and was insufficient to show that no genuine issue of material fact existed as to whether the accident caused the injury. Reversed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: April 24, 2024, Case #: 55,211-CA, Categories: evidence, negligence
J. Stevens reverses, in part, the trial court’s order of parental termination rights related to three children who were found living with their drug-using mother in a U-Haul van, then placed in the custody of the father, who is now incarcerated for child endangerment after the kids tested positive for methamphetamine abuse. The state’s family service plan was not filed into the trial court’s record or the appellate record and, therefore, there is insufficient evidence to support the mother's failure to comply with the plan. Furthermore, there is no evidence to support the state’s assertions the mother did not complete a drug abuse program or that she continued using drugs after completing such a program. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-97, Categories: evidence, Family Law, negligence
J. Abele finds that the lower court properly granted the board of commissioners' motion for summary judgment. It did not breach its duty of care to the residents whose home was damaged by a sewer backup that developed quickly and was unclogged nearly as soon as the city became aware of the issue. Although the sewer line had become clogged in the past, the residents presented no evidence the city knew of any deterioration or defects that would have required it to take preventive action before another clog developed, and so it cannot be held responsible for property damage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 18, 2024, Case #: 2024-Ohio-1569, Categories: evidence, Government, negligence
J. Landau finds the lower court properly found in favor of a bounce house company in this matter of alleged negligence. A child fractured his leg while jumping in an inflatable bounce house at a birthday party. A parent of the child filed suit against the bounce house company claiming it was negligent because it did not have a trained attendant at the party to supervise the use of the bounce house, but provided no evidence to show that supervision by the company would have prevented any injury. The instant court finds no error in the lower court’s decision to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00898-CV, Categories: evidence, negligence
Per curiam, the Vermont Supreme Court finds the family court properly declared a child was in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and the best interest of the child is not appropriate. The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-366, Categories: evidence, Family Law, negligence
Per curiam, the Vermont Supreme Court finds the family court properly declared two children were in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and there is no harm because they live in poverty. The children were found, “without proper parental care or subsistence, education, medical, or other care necessary for his or her well-being.” The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-372, Categories: evidence, Family Law, negligence
J. Graves finds the district court properly granted summary judgment in favor of Michaels. The customer brought this negligence suit after slipping and falling inside the store on a rainy day. The customer's declaration, photos, testimony, as well as a security video not showing the area where the customer slipped, did not create a genuine dispute of material fact as to notice. A statement recounted by the customer from an unidentified staff member regarding how the staff had been mopping up water all day is hearsay. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: April 4, 2024, Case #: 23-30393, Categories: evidence, negligence, Premises Liability
J. Gruber finds the circuit court properly found for the homeowners on an invitee's allegations the lack of a railing on the home's second floor balcony caused him to fall from the balcony, sustaining injuries. The invitee knew of the dangerous condition that caused his injury, and no evidence shown brings into question any material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: April 3, 2024, Case #: CV-22-202, Categories: evidence, Tort, negligence
J. Dysart finds that the district court should not have found for a hotel on a patron's slip and fall claim. In this case, there are genuine issues of material fact as to whether the mat the patron was walking on at the time of the accident was defective. A valet testified that there was a problem with the mat at the entrance and that he had discussed the mat with a hotel employee on a previous occasion. Reversed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0589, Categories: evidence, negligence
J. Massa finds that the trial court properly ruled in negligence claims concerning spoiled evidence because the insurance company failed to demonstrate defendant had a duty to preserve a dehydrator as potential trial evidence. Affirmed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: April 2, 2024, Case #: 23S-CT-272, Categories: evidence, negligence