16 results for 'cat:"Vehicle" AND cat:"Discovery"'.
J. Forester finds the district court properly determined a woman’s supplement disclosures were not timely and delayed disclosures, that these deficiencies were not harmless, and that she failed to show good cause for the disclosure being delayed in this car collision suit. She had no good cause or evidence for the delayed disclosures for the discovery process. Affirmed.
Court: Utah Court Of Appeals, Judge: Forester, Filed On: February 15, 2024, Case #: 20220702-CA, Categories: Civil Procedure, vehicle, discovery
J. Alley finds a lower court did not err in excluding video evidence of a man’s physical abilities after that man sued an oil company over a car accident and won at jury trial, claiming pain and physical impairment. The video was not introduced until after the discovery deadline, and while the oil company raises a number of arguments for why the video should nonetheless be allowed, including arguing the man “cannot be surprised by what he does at a worksite,” none of the arguments sufficiently justify allowing the video. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 9, 2024, Case #: 08-23-00096-CV, Categories: vehicle, Damages, 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. Hightower grants and denies several discovery motions in a negligence suit brought by a citizen who says he was rear-ended by a U.S. Fish & Wildlife Service official. The United States’ motion to exclude some testimony offered by the citizen, including a crash expert who offered legal conclusions, should be partially granted, but the government’s opposed motion to extend discovery deadlines should be denied because lawyers for the U.S. “did not sufficiently confer” with the civilian’s counsel.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 5, 2024, Case #: 1:22cv787, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, vehicle, discovery
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J. Dowd enters a permanent writ ordering the insurer to produce documents created in connection with a claim arising from a car accident caused while test-driving a vehicle for sale by a dealership. The documents are critical to the driver's allegations that the insurer engaged in bad faith in the manner it handled settlement demands.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: November 21, 2023, Case #: ED111729, Categories: vehicle, discovery
J. Wu grants the government's motion to exclude improperly disclosed witnesses and limit the testimony of certain witnesses in the driver's lawsuit alleging that a U.S. Postal Service mail-delivery truck driver negligently merged into the driver's lane, causing a collision. Among other errors, the driver does not provide proper expert disclosures for her non-retained treating physicians, and she does not provide a summary of facts as to how these individuals would testify about her injuries.
Court: USDC Central District of California, Judge: Wu, Filed On: November 17, 2023, Case #: 2:22cv3290, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Experts, discovery
J. Sweazea grants, in part, the commercial truck driver's motion to compel, ruling the logistics company must provide the name of the co-driver involved in the crash because he could be a crucial witness. However, the driver's request for 10 years of incident records from the logistics company is overly broad and will be denied.
Court: USDC New Mexico, Judge: Sweazea, Filed On: November 1, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, vehicle, discovery
J. Perluss finds the trial court improperly denied the injured parties’ motion for fees and costs in this negligence suit over a traffic accident. After the trial court awarded damages on remand, the injured parties moved for fees and costs alleging that the at-fault party had unreasonably denied requests for admission as to the status of certain medical records as business records. The at-fault party had no reasonable belief that she could prevail on the merits of this issue, and her denial caused the injured parties to incur expenses proving the medical records were business records. Other expenses were properly granted for the at-fault party. Affirmed in part. Reversed in part and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 13, 2023, Case #: B317540, Categories: vehicle, discovery, Attorney Fees
J. Sweazea grants, in part, the injured driver's motion to compel discovery, ruling the driver of the tractor-trailer must provide a response to the interrogatory about individuals with first-hand knowledge of the accident because their testimony could determine liability. Additionally, the driver of the tractor-trailer must provide an answer to the interrogatory about whether he contends someone other than himself was responsible for the accident because the question does not seek a legal conclusion or a narrative account of the accident.
Court: USDC New Mexico, Judge: Sweazea, Filed On: October 3, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Negligence, discovery
Per curiam, the Ninth District conditionally grants the tractor-trailer driver’s petition for mandamus relief from an order denying motions to quash depositions on written questions seeking records from medical providers in this wrongful death suit arising from a traffic accident. The estate relied on the trucker’s suspected marijuana use to support their argument that his medical records were an issue. Whether he was on marijuana or medication that caused impairment may be an issue and the estate would be entitled to such records but has failed to properly limit document requests.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 24, 2023, Case #: 09-23-00153-CV, Categories: vehicle, Wrongful Death, discovery
J. Williams grants the employer's motion to dismiss, ruling that the injured driver's failure to comply with court orders to complete interrogatories and other discovery, coupled with a two-year delay in the production of discovery documents, has prejudiced the employer and requires sanctions in the form of dismissal.
Court: USDC Connecticut, Judge: Williams, Filed On: August 2, 2023, Case #: 3:20cv785, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, Negligence, discovery