7 results for 'cat:"Evidence" AND cat:"Negligence" AND cat:"Experts"'.
J. Contreras finds that the lower court improperly granted summary judgment to the defendant store in this premises liability lawsuit alleging that a shopper was injured when she "slipped and fell on some water." The lower court erred in excluding certain expert testimony, specifically regarding the store's maintenance of the roof and its efforts to "contain the leak." Additionally, there are fact issues remaining for the jury. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 21, 2024, Case #: 13-23-00205-CV, Categories: evidence, negligence, experts
J. Cain grants summary judgment to the owner of a casino and hotel, and against an elevator passenger whose negligence suit alleges the five-floor lift malfunctioned, triggering a series of abrupt, nonviolent drops, stops and starts. Based on an elevator expert's testimony, there is no inference of negligence or breach of duty by the casino.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: February 27, 2024, Case #: 2:22cv174, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, negligence, experts
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J. Loken finds a lower court properly dismissed a male driver's negligence claims against a female driver, who was granted summary judgment. The male driver argued that the lower court erred in excluding his physician's expert disclosures. However, the female driver presented sufficient evidence in court that the male driver failed to submit a expert's report, and that the expert physician's opinion was not "formed during the course of treatment." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 18, 2023, Case #: 22-3335, Categories: evidence, negligence, experts