11 results for 'cat:"Evidence" AND cat:"Damages" AND cat:"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. 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rivas-Molloy finds the lower court improperly found in favor of a driver in this matter concerning negligence. A driver hit a cow that was roaming in the highway, and sued the owner of the land upon which the cow was kept. While the lower court found the property owner liable, the instant court finds evidence is insufficient to show that the property owner was responsible as the driver did not show that the property owner owned or controlled the cow, nor did it show that the property owner was responsible for maintaining the property. The driver is to take nothing on his claims against the property owner. Reversed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: October 10, 2023, Case #: 01-20-00610-CV, Categories: evidence, damages, negligence
J. Talwani denies summary judgment to a homeowner hosting an estate sale on her argument that a visitor, who was injured when she fell down a step in an “off limits” family room, was more than 50% responsible for her accident and therefore barred from recovery. While the homeowner correctly describes the effect of Massachusetts’s comparative negligence statute, her assertion is premised on the disputed claim that her couch, pillows and tape effectively blocked the space between the hallway and family room.
Court: USDC Massachusetts, Judge: Talwani, Filed On: August 4, 2023, Case #: 1:21cv11656, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, damages, negligence
J. Bourliot finds that the trial court properly awarded the auto upholstery business $5.8 million in its suit against the electric utility over a fire that caused significant property damage. The utility's jurisdictional challenge is without merit, and the evidence supports the finding that its negligent maintenance of an electrical transformer caused the fire. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: July 6, 2023, Case #: 14-20-00250-CV, Categories: evidence, damages, negligence
J. McCallum finds that the court of appeal should not have reduced the general damages awarded to the minor victim of a sexual assault. The jury properly assessed the damages amount based on the victim being an eight-year-old special education student being sexually assaulted during a camp by a fourteen-year-old child who was on probation for aggravated sexual assault. The victim's father testified that the victim has not been the same since the incident, began to struggle with anger and "has a lot more negativity." Further, an expert testified that the victim was afraid, nervous, and anxious and has suffered post-traumatic stress disorder as a result of the sexual assault. Reversed in part.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: June 27, 2023, Case #: 2022-C-00961, Categories: evidence, damages, negligence
J. Hassan finds, in this en banc opinion, that the trial court properly awarded over $100 million to the family members in a suit stemming from a fatal auto accident with an 18-wheeler that occurred on black ice during a winter storm warning. There was sufficient evidence that the accused truck driver owed a duty to the family in the other vehicle, that he breached the duty by driving on ice at an unreasonably high speed, and that his negligence was the cause of the injuries. There was also sufficient evidence that the truck company negligently trained and supervised the driver and that this caused the accident. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 18, 2023, Case #: 14-18-00967-CV, Categories: evidence, damages, negligence
J. McDonough assesses damages against the Sublime defendants in this lawsuit alleging negligent installation in connection with a water heater and related plumbing. The court previously granted default judgment against them and now finds that an evidentiary hearing is not needed, "given plaintiffs' submission of hundreds of pages of medical records, expert affidavits, and other pertinent documentation."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: May 16, 2023, Case #: 3:21cv311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, damages, negligence