29 results for 'cat:"Evidence" AND cat:"Wrongful Death"'.
[Consolidated.] Per curiam, the appellate court finds that the trial court should have granted the relators' exceptions of no cause of action on the decedent's family's claim for bystander damages after the decedent drowned while being chased by the facility's employees after they observed the decedent tampering with their vehicle. In this case, the family does not show that they observed the drowning or chase. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 24-C-58, Categories: evidence, wrongful Death
J. Lawrence finds the trial court properly granted the apartment complex's motion for summary judgment on the estate's wrongful death claim. The victim and the individual who shot and killed her knew each other before the incident, while the estate also failed to submit any evidence of a causal relationship that would have transferred liability to the complex. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-CA-897, Categories: evidence, wrongful Death
J. Herman finds that the trial court should not have found for an apartment complex on the decedent's family's wrongful death action after the decedent was shot while visiting the apartment of a friend. In this case, there is a genuine issue of material fact as to whether the shooting of decedent was foreseeable and as to whether the apartment complex had a duty to provide security to its guests. The family made statements regarding the prior incidents of crime on the property and the lack of security measures implemented by the apartment complex. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: May 1, 2024, Case #: 2023-CA-0588, Categories: evidence, wrongful Death
J. Rice denies the county summary judgment for the family member's claim that the regional justice center's medical staff did not properly check on or care for the detainee, leading to her death. The family member can hold the county liable under a Monell theory of liability, specifically for its ratification of a policy that does not train its staff to treat and monitor inmates for detox and withdrawal. Also, the death of another inmate, who died under similar circumstances in the county's custody, is admissible evidence.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 19, 2024, Case #: 2:22cv308, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, wrongful Death
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J. Thapar finds the lower court properly dismissed the estate's Eighth Amendment and wrongful death claims against the prison. It failed to show the inmate had "unfettered access" to illegal drugs prior to his overdose, while the complaint also lacked details about drug use by inmates and, therefore, failed to show the inmate faced an "objectively excessive risk of harm." Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 10, 2024, Case #: 23-5410, Categories: Civil Rights, evidence, wrongful Death
J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, Vehicle, wrongful Death
J. Wilson finds that the trial court improperly granted no-evidence summary judgment in favor of the aluminum company in the family members' wrongful death and survival claims involving their loved one's death from asbestosis due to being exposed to asbestos fibers from her husband's work clothes. The family members gave "direct, scientifically reliable proof of causation," specifically that the aluminum plant was the source of the asbestos to which the decedent was exposed. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: February 27, 2024, Case #: 14-22-00417-CV, Categories: evidence, wrongful Death, Asbestos
J. Kyzar finds that the trial court properly granted partial summary judgment that the concrete truck driver was solely at fault for a rear-end auto accident that resulted in a fatal injuries to a child and serious injuries to her other family members. The evidence shows that although another driver had cut across the concrete truck driver's lane in order to avoid being hit by him, her actions were not a "substantial cause of the accident" since the concrete truck driver failed to keep his attention focused on the roadway and timely slow his vehicle before crashing into the family's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: February 7, 2024, Case #: CA-23-367, Categories: evidence, Negligence, wrongful Death
J. Moody grants a hospital food producer’s motion for summary judgment against claims of wrongful death filed by a grandmother’s surviving family members, who were unable to prove her death was due to eating defective, high-sodium food.
Court: USDC Eastern District of Arkansas , Judge: Moody, Filed On: February 2, 2024, Case #: 4:22cv995, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: evidence, Product Liability, wrongful Death
J. Vitter grants summary judgment to a sheriff, dismissing the wrongful death and excessive force claims brought by the sister of a transgender inmate who alleges he died in custody after being beaten in his cell by deputies. There is no evidence to support her allegations the deputies used force on or before his death. The undisputed evidence, contained in the autopsy report, shows that the inmate died of natural causes, specifically a Covid-19 infection. The autopsy further states that there was no evidence of trauma.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 22cv3734, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, wrongful Death
J. Higginbotham finds the district court properly granted the county's motion to dismiss the estate's excessive force claims. The officer fatally shot the driver after a traffic stop for toll violations, who claimed he might have his driver's license in the trunk. He opened the trunk, opened the driver's side door, then began driving away as the officer ordered him to stop. The officer is shown on dash cam reaching into the vehicle and firing. The officer was still hanging onto the moving vehicle, believing it would run him over, which supports his reasonable belief his life was in danger. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: January 23, 2024, Case #: 22-20519, Categories: evidence, wrongful Death, Police Misconduct
J. Smith finds the lower court properly found for a garbage truck driver and his employer in a wrongful death case. Evidence in the record proved the garbage truck operator played no part in the fatal accident, including that he obeyed traffic laws and was stopped for more than 16 seconds before the collision, while the decedent made no effort to brake or swerve. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: December 26, 2023, Case #: 2023-Ohio-4760, Categories: evidence, Negligence, wrongful Death
J. Worthen finds the trial court properly found in favor of the grandfather who purchased a shotgun for his grandson, who accidentally shot and killed a friend during a prank. The grandfather settled with the parents of the deceased for $25,000 in the negligence suit, but late-received discovery, which the parents of the deceased say proved the grandfather gave false testimony, resulted in their seeking recission and a separate suit for damages. Since the parents’ objection to the lack of authentication of the grandfather’s summary judgment evidence was to the form rather than the substance of the evidence, they were required to obtain a ruling, which was not secured. The objection is not preserved for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 31, 2023, Case #: 12-23-00112-CV, Categories: evidence, Negligence, wrongful Death
J. Moore vacates the lower court's finding for a nurse on an estate's deliberate indifference claim arising from the death of an inmate, who overdosed on methamphetamine. The decedent's clear signs of distress throughout his booking process into the jail, which only escalated once he was placed in a holding cell, should have made the medical staff aware he was suffering either from some kind of drug withdrawal or medical emergency. Reversed in part.
Court: 6th Circuit, Judge: Moore, Filed On: October 26, 2023, Case #: 23-5133, Categories: Civil Rights, evidence, wrongful Death
J. Reed finds a lower court improperly dismissed human rights claims brought by the daughter of her deceased father. The public authority argued that it was not obligated to make an arrest after her father died in a bomb explosion. However, the daughter presented sufficient evidence in court that police failed to conduct a proper investigation and that she is entitled to an inquest. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: October 18, 2023, Case #: 2023UKSC36, Categories: evidence, Government, wrongful Death
J. Chehardy finds that the trial court properly found for a company after a visitor to a property fell into a pond, injured her vertebrae and died from her injuries. In this case, the decedent's family does not show that there was a "hidden danger" in the form of a quicksand-like substance under the "murky water" of the pond. The pond while under construction was open and obvious and did not constitute an unreasonably dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 4, 2023, Case #: 22-CA-598, Categories: evidence, Negligence, wrongful Death
Alabama Supreme Court finds the lower court properly ruled a sister can not pursue wrongful death claims against a driver who crashed into her brother’s car. The sister alleges it caused her brother’s sepsis and death six months later but failed to show enough material fact between the event and his death. Affirmed.
Court: Alabama Supreme Court, Judge: Cook, Filed On: August 25, 2023, Case #: SC-2023-0009, Categories: evidence, Vehicle, wrongful Death
J. Gray finds that the trial court improperly granted summary judgment on the assault and battery claim in the parents' wrongful death suit over the death of their daughter from a gunshot wound to the head, which was ruled a suicide. The parents disagree and think their daughter's husband intentionally killed her. There was sufficient evidence "for reasonable minds to differ in their conclusion" as to how the decedent sustained her fatal injury. Reversed in part.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: August 23, 2023, Case #: 10-23-00039-CV, Categories: evidence, Negligence, wrongful Death
J. Stephens finds a lower court properly dismissed a police officer's claim for self- defense concerning the shooting death of a civilian, who may have been plotting to steal a luxury car. The police officer argued that the suspect posed a "lethal threat" by operating a vehicle while allegedly armed with weapons. However, the police officer faces gross misconduct allegations for shooting the suspect, who was armed with a "imitation firearm." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stephens, Filed On: July 5, 2023, Case #: 23UKSC24, Categories: evidence, wrongful Death
J. Blacklock finds the court of appeals improperly ruled in favor of the family of a motorist who was killed in a multi-car pile-up caused by a truck driver. After a jury awarded the family over $15 million in noneconomic damages, the truck driver petitioned for judicial review, arguing that the evidence failed to support the amount of damages. The family failed to justify that they experienced the amount awarded to them based on the evidence of the case. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: June 16, 2023, Case #: 21-0017, Categories: evidence, Tort, wrongful Death
J. Mollway denies a motion by the husband of a woman who died during a SCUBA boat tour to make statements made by the captain of the tour to the Coast Guard in a separate administrative action admissible at trial. The captain checking a box on the Coast Guard’s enforcement action does not unambiguously imply admitted liability just due to phrasing used in the “factual allegations” section. Additionally, admission of even a section would require the entire context of the complaint and it has already been ruled by a magistrate judge that the Coast Guard’s administrative action was to be protected from discovery.
Court: USDC Hawaii, Judge: Mollway, Filed On: May 30, 2023, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: evidence, wrongful Death, Discovery