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Negligence: Medical Malpractice-Statute of Limitations-Continuing-Care Doctrine
Where plaintiffs brought a medical malpractice action against a clinic and a doctor claiming that the doctor provided negligent post-operative care following an ovarian cyst-removal procedure, allegedly resulting in an infection and infertility, the two-year statute of limitations began running when the doctor’s duty of continuing care to the woman ended, which was when the […]
Negligence: Products Liability-Defective Design-Failure to Warn
Where the owner of an ethanol production facility sued the manufacturer of a regenerative thermal oxidizer for negligence and products liability after an explosion and fire, the owner submitted sufficient evidence of a defective design to survive summary judgment, so the judgment as to defective design is reversed, but additional warnings would not have changed […]
Torts: Dog Bite-Proof of Ownership
Plaintiff appealed from the summary judgment entered for defendants. Plaintiff had filed suit on behalf of his minor child for injuries the child suffered from a dog bite. The dog was kept on premises owned by defendants that they leased to their tenant. Where plaintiff could not present evidence to show that the dog that […]
Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence
Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when the machine entered the stream of commerce. Where plaintiff failed to provide evidence whether the […]
Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage
Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory-judgment action. P.B. was killed in a motor-vehicle accident with his grandmother Dawn Chiodo and Chiodo’s daughter Dylan Bailey; all three resided together. After a settlement, defendant filed a claim for […]
Torts: Product Liability-Stream of Commerce-Sufficiency of Evidence
Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when the machine entered the stream of commerce. Where plaintiff failed to provide evidence whether the […]
Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage
According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits. Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory judgment action. P.B. was […]
Torts: Defamation-Limited-Purpose Public Figure-Actual Malice
Plaintiff filed suit against defendant, alleging that defendant published false and defamatory statements regarding a criminal complaint filed against plaintiff’s former fleet manager, charging him with theft by swindle. The district court dismissed plaintiff’s complaint, ruling that plaintiff was a “limited-purpose public figure” and that plaintiff failed to plausibly allege that defendan[...]
Negligence: Personal Injury-Underinsured Motorist Coverage-Heightened Duty of Care
Plaintiff was seriously injured after falling from the trunk of a car driven by her friend, Samantha Denault. This caused for her to hire a personal injury attorney. After recovering from Denault’s insurer, plaintiff filed an underinsured motorist claim with defendant, who had issued a policy to plaintiff’s father. In an initial appeal, the court […]
Negligence: Personal Injury-Allocation of Fault-Underinsured Motorist Benefits
Plaintiff suffered permanent head injuries when she fell off the trunk of a vehicle. In a related action, the district court held a bench trial to apportion fault between plaintiff’s friends involved in the accident. In the present case, the district court granted defendant’s motion for summary judgment, denying plaintiff’s claim for underinsured motorist benefits […]
Negligence: Medical Malpractice-Expert Witness-Tort Reform
Where a plaintiff challenged a judgment following a jury verdict for the defendant doctor in her medical malpractice case, the trial court did not err in admitting medical expert testimony that met sufficient reliability criteria, and the judgment is affirmed in part because the plaintiff did not meet her burden to show that the verdict […]
Torts: Slip and Fall-Causation Expert-Motion in Limine
Plaintiff appealed from the adverse grant of summary judgment in her slip-and-fall action. Plaintiff alleged that she suffered permanent injuries when she slipped and fell on snow and ice in a parking lot operated by defendant. Defendant successfully filed a motion in limine to exclude plaintiff’s expert’s opinions on causation, following which the district court […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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