48 results for 'cat:"Negligence" AND cat:"Discovery"'.
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: Tort, negligence, discovery
J. Yarbrough grants, in part, the fired employee's motion to compel discovery, ruling the employer must produce documents related to disciplinary investigations of other employees during the same time frame to allow the fired employee to collect comparator data.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: April 30, 2024, Case #: 1:23cv113, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, negligence, discovery
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J. Reiss denies a third-party investment company’s motion to reconsider the court’s order denying its motion to stay discovery in this negligence and contract dispute between Vermont’s financial regulation agency and an accounting firm. The investment company’s former managing member’s motion for reconsideration is granted, however, in seeking stay, the investment company and managing member failed to submit a copy of the criminal indictment that contained false financial statements in an insurer’s liquidation. The managing member’s request for adverse inference immunity is denied as moot. The accounting firm requested a motion to compel, but only the investment company is compelled to comply with the discovery schedule. Its request for attorney fees and cost are denied at this stage but, the court warns the investment company that further non-compliance may result in sanctions.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv273, NOS: Other Contract - Contract, Categories: negligence, discovery, Contract
J. Williamowski finds the lower court properly granted the bar's motion for summary judgment because the depositions of numerous witnesses indicated the drunk driver was not at the business on the night he killed the decedent in an accident, which prevents the estate from proving any liability under Ohio's dram shop laws. Meanwhile, the lower court properly denied the estate's motion to compel forensic analysis of several cell phones because it failed to show there was any definitive proof on the cell phones, some of which had been accidentally destroyed in the two years since the accident. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: April 22, 2024, Case #: 2024-Ohio-1538, Categories: negligence, Wrongful Death, discovery
J. Dick denies pre-trial requests by nine litigants to exclude evidence of drug use by two welders killed in a Louisiana paper mill explosion in 2017. The decedents are not involved in a negligence suit against the owners of the mill, where three workers were killed and seven others injured by the blast during “hot work” activities near a flammable tank. The evidence of drugs on the two men who also tested positive for drug use in post-mortem exams is material to the issue of what caused the deadly accident.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 3, 2024, Case #: 3:18cv613, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, discovery
J. Isaac grants in part a transportation company’s motion for a protective order in a suit on negligence claims filed by an employee who was harmed when driving a tractor. For instance, the motion is partly granted as to the specified topic regarding the company's answers to interrogatories, and it is fully granted as to the topic regarding the deposition testimony of the defendant driver.
Court: USDC Southern District of Mississippi , Judge: Isaac, Filed On: March 25, 2024, Case #: 3:22cv251, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, negligence, discovery
Per curiam, the appellate court finds that the trial court should not have excluded medical records a plaintiff driver produced after the expiration of the discovery deadline and shortly before the first trial date. In this case, due to no fault of the parties, the trial was continued for several months, allowing ample time for additional discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 22, 2024, Case #: 24-C-21, Categories: Evidence, negligence, discovery
J. Ritter denies the injured employee's motion to compel depositions, ruling the deposition notices are not only untimely or unduly burdensome, but the employer's pending motion to dismiss must also be adjudicated before any further discovery.
Court: USDC New Mexico, Judge: Ritter, Filed On: March 19, 2024, Case #: 2:23cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, negligence, discovery
J. Coulson grants, in part, Tractor Supply’s motion for summary judgment in this personal injury suit brought by a married couple. The husband who was employed by a third-party logistics company as a freight handler was injured when a third-party staffing company employee ran into him with a pallet jack. The couple claims vicarious negligence, negligent entrustment, negligent hiring, retention, and supervision and loss of consortium. Tractor Supply argues they did not employ either of the third-party employees, but a reasonable jury could find that the staffing company employee was in fact employed by being on the premises. The couples’ negligence claims are dismissed for lack of a genuine dispute. The parties shall confer and inform the court if they will or will not participate in a settlement conference regarding Tractor Supply’s third-party complaint against the staffing company employee for discovery.
Court: USDC Maryland, Judge: Coulson, Filed On: March 15, 2024, Case #: 1:23cv1078, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, discovery
J. Wormuth grants, in part, the injured driver's motion to compel discovery, ruling the at-fault driver's employer must provide responses to interrogatories about all vehicles driven by the employee in the year leading up to the crash, as well as those about manuals and instructional guides on driving possessed by the driver at the time of the crash, as they are relevant to the case.
Court: USDC New Mexico, Judge: Wormuth, Filed On: January 24, 2024, Case #: 1:23cv660, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, negligence, discovery
J. Bokor finds the trial court properly struck the citizen's pleadings as a sanction in her lawsuit alleging the club's security guard caused her to trip and fall over a railing while negligently handling her. Though striking pleadings is a severe sanction, the citizen's repeated failure to comply with discovery deadlines and other court orders calls for such action, and the trial court did not abuse its discretion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 24, 2024, Case #: 22-2016, Categories: Sanctions, negligence, discovery
Per curiam, the appellate division finds that the lower court improperly ordered the city to pay the plaintiff's $18,000 for all expenses he incurred attempting to obtain discovery. There is no evidence the city willfully failed to comply with any discovery orders, and its delay in moving to dismiss the negligence claims was not so egregious as to be frivolous. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: 06325, Categories: Sanctions, negligence, discovery
J. Moorer grants a citizen’s motion for remand back to the circuit court of Conecuh County in this negligence, wantonness, Alabama Extended Manufacturer’s Liability Doctrine and breach of implied warranty claims lawsuit against a group of manufactures. The manufacturer did not show evidence by preponderance in a controversy exceeding the jurisdictional requirement of $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: December 1, 2023, Case #: 1:23cv98, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Jurisdiction, discovery
J. Benitez grants Peloton's motion to exclude a consumer's negligence per se claims concerning injuries a toddler sustained by attempting to climb on the back of a treadmill while his father was exercising, which resulted in the child suffering serious injuries to his ribs and torso when he was "pulled under the 450- pound tread." The consumer submitted the negligence claims per se months after the close of discovery. Also, the consumer's objection to one of Peloton's two medical experts is denied, as his report is not identical to the other expert's report even though some of their opinions overlap.
Court: USDC Southern District of California, Judge: Benitez, Filed On: October 27, 2023, Case #: 3:21cv1367, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, discovery
J. Benavides conditionally grants in part the relators' petition for a writ of mandamus, in which they challenge certain rulings in the underlying negligence case to grant a protective order and to quash their discovery requests. The lower court abused its discretion as it relates to certain "school and day care records," as well as certain counseling records. Additionally, there is no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: October 12, 2023, Case #: 13-23-00354-CV, Categories: Civil Procedure, negligence, discovery