18 results for 'cat:"Tort" AND cat:"Due Process"'.
J. Virden finds the Workers' Compensation Commission properly affirmed the administrative law judge's determination the poultry processing worker sustained a compensable injury in the form of an occupational disease. The worker, who hung live chickens by their feet as they scratched and pecked him, developed a rash and nausea. He was later diagnosed with cardiopulmonary arrest, acute renal failure and other ailments after he was found unresponsive and taken for medical treatment. The processing facility does not specifically argue sufficiency of the evidence until its reply brief. The appeals court will not consider arguments first raised in a reply brief, being the worker would have no opportunity for rebuttal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 10, 2024, Case #: CV-23-133, Categories: tort, due Process, Workers' Compensation
J. Nardacci grants summary judgment to a nursing home facility on a late father’s estate’s negligence and substantive due process claims stemming from the man’s death while under the facility’s care and supervision, but preserves its claims for medical malpractice and federal and state public health law violations for trial. The court rejects the nursing home’s contentions that there is no private right of action against nursing homes under the Federal Nursing Home Reform Act or that it cannot be held liable for the decedent’s injuries.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:19cv604, NOS: Other Civil Rights - Civil Rights, Categories: tort, due Process, Medical Malpractice
Per curiam, the Fifth Circuit finds the district court properly dismissed the complaint for failure to prosecute. The American citizens say Tamaulipas police attempted to murder them by the direction of the Mexican and Tamaulipas governments. A non-local attorney's motion to represent the citizens was denied, and several motions for extensions and continuances were filed and granted. They failed to attend a status conference and various other hearings, and certain filings were not made within deadlines. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 14, 2024, Case #: 23-40422, Categories: International Law, tort, due Process
Per curiam, the circuit finds the district court properly dismissed the motorcyclist's claims arising from the impoundment of his vehicle for driving without license plates. The rider's tort claims are time-barred, as he filed them outside the one-year statute of limitations.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 12, 2024, Case #: 23-30146, Categories: tort, Vehicle, due Process
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J. Herndon finds the trial court improperly denied the child's guardian's motion for a new trial. The guardian filed suit against the child's aunt and grandmother, the resident and owner of the home, respectively, where the child nearly drowned in a swimming pool with inadequate barriers. The trial court erroneously submitted a compound question of duty and breach to the jury, as duty is a question of law for the court. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 30, 2023, Case #: 84521, Categories: tort, Negligence, due Process
J. Merchant denies a motion to stay the court’s decision to remand a laborer’s personal injury complaint back to New York state court. The construction companies named in the suit had removed the complaint to federal court after the state court judge denied their motion to dismiss, which argued they are unable to mount a competent defense after discovering the litigant was an undocumented immigrant and went by several aliases. However, the court saw through the defendants’ attempt to circumvent the prior ruling and remanded the action back to state court. The court finds no compelling reason to override the state court’s ruling.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: November 29, 2023, Case #: 1:23cv7864, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Immigration, tort, due Process
J. Bell finds the district court properly dismissed this tort action brought upon allegations of injuries incurred in a traffic accident. The injured party failed to serve the summons and complaint on the purported at-fault party within 120 days, and the injured party failed to demonstrate good cause for failing to seek a time extension. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: November 22, 2023, Case #: 85161, Categories: tort, due Process
J. Wood dismisses this interlocutory appeal as moot. The appeal regards the court's vacating the lower court's certification of class for nursing home residents who allege the homes were understaffed, resulting in insufficient care. A majority of the court has already granted a writ of certiorari vacating class-certification because the order was entered before an order on pending motions to compel arbitration.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 16, 2023, Case #: CV-23-95, Categories: Health Care, tort, due Process
J. Garaufis preserves, in part, a Federal Tort Claims Act complaint with claims arising out of former President Donald Trump’s zero-tolerance immigration policy. The litigants, a mother and her son, were separated from each other for more than two years after seeking asylum from Guatemala. The court finds their claims are not barred under the Act’s discretionary function exception on the basis that the federal immigration agents’ actions violated the U.S. Constitution and their due process rights and did not serve a compelling interest in securing the nation’s borders or enforcing the nation’s criminal and immigration laws.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 27, 2023, Case #: 1:22cv7527, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Immigration, tort, due Process
J. Johnson finds the trial court properly ruled in favor of the transmission repair shop in this suit brought by the vehicle owner who says his engine became “burn up frozen” after leaving it at the shop. The vehicle owner did not respond to the shop’s request for admissions and the shop was granted summary judgment by the justice of the peace on the shop’s allegations that it performed no work on the vehicle. Any alleged errors in the justice court, which is not a court of record, were mooted because its judgment was set aside once the owner appealed to the county court at law. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00377-CV, Categories: Evidence, tort, due Process
J. Cassel finds the trial court properly dismissed the department of correctional service's inmate's tort claim. The inmate filed separate cases alleging negligent medical care, one of which was removed to federal court, then remanded. The case was then dismissed as untimely, having not been filed within 6 months of the dismissal of an earlier, nearly identical case. The second instant case, which had been dismissed for failure to comply with presentment provisions, was remanded after the Nebraska Supreme Court found it to be in compliance. The trial court then found that both actions “alleged the same cause of action based on the same operative facts” and that the first resulted in a final judgment on the merits. The claim was properly dismissed as barred by claim preclusion. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: September 22, 2023, Case #: S-22-822, Categories: tort, due Process, Prisoners' Rights
J. Rodriguez finds a lower court ruled correctly in granting summary judgment on limitations to a driver after he was sued by a pedestrian following an accident. While the pedestrian sued the driver “on the last day of the limitations period,” he did not serve him “until nearly two years later.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 14, 2023, Case #: 08-22-00227-CV, Categories: tort, Vehicle, due Process
J. Riedmann finds the district court improperly dismissed this suit seeking damages sustained in a motor vehicle accident involving a state employee. Though the case had been pending for 18 months without prosecution, a progression schedule was drafted upon the order to show cause. The court relied on the work completed prior to the hearing and did not consider the remaining factors, and although the party filing suit had no excuse for the delay, remaining factors indicate good cause existed. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-387, Categories: tort, Vehicle, due Process
J. Hicks denies Union Pacific’s motion for judgment as a matter of law, or for a new trial in this dispute regarding damages caused by storms and flooding, exacerbated by the ranch’s trespass. There were questions of fact needing decision by jury, and the jury needed to make the determinations of credibility relating to the witnesses. Other arguments do not have merit. All expert testimony was properly admitted. Evidence regarding a dam was properly excluded. There was no error in the court’s refusing to give a missing witness and documents instruction. No arguments raised to avoid waiver demonstrate any alleged error that would warrant a new trial.
Court: USDC Nevada, Judge: Hicks, Filed On: June 16, 2023, Case #: 3:17cv477, NOS: Torts to Land - Real Property, Categories: Property, tort, due Process
Per curiam, the Ninth District conditionally grants mandamus relief to the defendant in an auto accident and injury case which was dismissed, the order of which was later found to be ineffective, causing the case to remain pending. The court’s plenary power over the case had expired by the time the order declaring the dismissal ineffective was signed. The writ will issue only if the trial court fails to vacate the order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 1, 2023, Case #: 09-22-00317-CV, Categories: tort, Vehicle, due Process
J. Johnson finds the trial court improperly denied an injured statehand’s motion to reinstate this suit after dismissal. The stagehand, working for the talent agency at the Conroe Cajun Catfish Festival, brought negligence allegations after falling off a stage and incurring injury. The record has nothing indicating that he was aware of or responsible for a calendaring mistake made by his attorney. No evidence supports the court’s conclusion that his failure to appear was intentional or resulting from conscious indifference. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-22-00336-CV, Categories: tort, Negligence, due Process
J. Swinton finds the trial court improperly dismissed this negligence suit in its entirety, arising from a vehicle accident and injury. The at-fault driver was acting in the course of his employment with the political subdivision's community services, and the suit is properly dismissed against the individual. Yet, the community services company has not presented evidence that it was a designated community action agency at the time of the alleged injury; and the injured party’s affidavit indicates the community’s insurance agent told her she had two years to file, lulling her into giving untimely notice of her tort claim. Questions of fact remain as to whether the community is estopped from challenging liability on that basis. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Swinton, Filed On: May 18, 2023, Case #: 120367, Categories: tort, Vehicle, due Process