18 results for 'cat:"Settlements" AND cat:"Negligence"'.
J. Pohlman finds that the lower courts erred in altering the terms of an agreement that had settled a tenant's negligence claims for injuries from an apartment deck collapse. The settlement's plain language calls for the landlord to pay all sums to the tenant, who would then be liable for any subrogation and health care liens. No provision allowed for the landlord to split the sum between the tenant and a collection agency that claimed to have a health care lien on the settlement funds. Reversed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: May 16, 2024, Case #: 20220901, Categories: Insurance, settlements, negligence
J. Gruber finds the circuit court improperly granted the stroke patient's motion to enforce settlement. The patient, who was a registered nurse at the hospital, alleges that doctors' negligence damaged her and the relationship between her and her spouse. Through the trial's resulting joint stipulation and various negotiations, the hospital offered a settlement of $4.75 million. Further negotiations resulted in a potentially larger settlement, with the hospital's CEO opting to not respond with any further offers. Testimony from the hospital's litigation officer, a mediator, and the patient's trial counsel, though found to be credible, was mostly subjective, and cannot overcome the CEO's directive. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 15, 2024, Case #: CV-22-799, Categories: settlements, negligence, Medical Malpractice
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgment and writ of possession of the decedent’s home in favor of his estate stemming from a resident financially exploiting a vulnerable adult by stealing from the estate’s decedent after he was diagnosed with cancer. The decedent met the resident when he was a teenager needing a mentor, when the decedent became sick the resident moved into his home. The resident alleges he was a tenant and had the right to possession because he had the right to purchase the home, but the probate court invalidated that portion of the decedent’s will. The material facts are undisputed that the decedent was a vulnerable adult, and the estate had the standing to pursue the proceedings and to regain the possession of the home. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-212, Categories: settlements, negligence, Civil Extortion
J. Soto finds a lower court partially erred in granting summary judgment to a geotechnical engineer who was retained by a preservation group as part of a separate lawsuit over workmanship on a road. That preservation group than sued the engineer, arguing he had failed to adequately inspect the road as part of a settlement agreement. While the preservation group’s claims mostly fail because there are genuine questions over the engineer’s agreement to participate in the settlement agreement, the preservation group can still proceed with a negligence claim over “the professional engineering services that he did agree to provide.” Affirmed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 30, 2024, Case #: 08-23-00205-CV, Categories: settlements, negligence, Experts
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J. Azrack grants a motion to enforce a $65,000 settlement agreement proposed by Home Depot and two third-party contractors to resolve claims for damages stemming from the alleged disturbance of asbestos in a customer’s home while installing a generator. The court finds the customer agreed to the terms of the settlement, that the settlement agreement is valid and enforceable and that his counsel at the time had the legal authority to negotiate on his behalf.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 19, 2024, Case #: 2:20cv4125, NOS: Other Contract - Contract, Categories: settlements, negligence
J. Traver finds that the trial court erred when it ruled in favor of a driver in a car collision case after she had accepted a settlement offer. It was also error to apply a post-judgment setoff that was not included in the settlement. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: March 8, 2024, Case #: 6D23-1031, Categories: settlements, negligence
J. Huber finds the district court improperly denied an award of attorney fees to the pontoon boat operator. The negligence suit was brought by a passenger who sustained injuries after falling from the boat. The passenger rejected two offers of judgment from the operator and the court entered a take-nothing judgment in favor of the operator, awarding him costs but not attorney fees. The court incorrectly determined the operator's offer of judgment made under a particular statute controlled and that he was not entitled to attorney fees from another offer made under a statute allowing for recovery of attorney fees. Vacated in part.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: February 29, 2024, Case #: 120265, Categories: settlements, negligence, Attorney Fees
J. Chou finds that the trial court properly rejected a company's motion to vacate the dismissal of its cross-complaint in a personal injury matter, a dismissal it claimed was approved by its attorney without its authorization. Email records do not support its argument that the dismissal was a surprise or the result of excusable neglect. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: February 28, 2024, Case #: A167137, Categories: settlements, negligence
J. Wu grants the settlement awarding the three children a total of $150,000 for their claim that the Los Angeles Metropolitan Detention Center's employees did not provide adequate medical care for their mother's severe left-sided chest pain or anxiety for two and a half weeks, leading to her suicide by hanging. The proposed settlement is fair and reasonable because it takes the mental pain and suffering the children endured following the suicide of their parent into account.
Court: USDC Central District of California, Judge: Wu, Filed On: August 4, 2023, Case #: 2:21cv8071, NOS: Other Civil Rights - Civil Rights, Categories: settlements, negligence, Wrongful Death
J. Pipkin finds that the trial court improperly denied the injured driver's motion for partial summary judgment in a negligence action against the drivers arising from a car collision. The trial court also incorrectly granted the drivers' motion to enforce a pre-suit settlement. The drivers did not comply with the terms of acceptance of the settlement offer and therefore there was no formation of a settlement agreement. The injured driver was permitted to specify a day on which payment was due rather than require payment within a multi-day time frame. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 28, 2023, Case #: A23A0394, Categories: settlements, negligence
J. Markle finds that the trial court improperly ruled in favor of the individual in a negligence action brought by the injured driver arising from a car collision. The trial court incorrectly found that there was a valid settlement agreement between the parties. There is no evidence that the injured driver's alleged acceptance of the settlement was communicated to the individual's counsel. The communications between the firm the injured driver initially hired to represent him and the individual's counsel would not have led the individual's counsel to believe the firm had accepted the counter offer. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 24, 2023, Case #: A23A0587, Categories: settlements, negligence