Where a trial court in a legal-malpractice case granted a motion for summary judgment for the defendants on two fraud counts but denied the motion as to the legal-malpractice claim, the legal-malpractice claim was based on the same factual occurrences ...

Tagged with: jurisdiction Legal malpractice Negligence

Where a plaintiff brought a personal-injury action against a bus company after she was injured when a bus collided with her bicycle, the trial court did not err in denying the defendant’s new trial motion because the “amount charged” for ...

Tagged with: Medical Bill Evidence Negligence personal injury

Where plaintiffs brought a medical-negligence action against their health care providers claiming that negligent post-operative medical care of an ovarian cyst resulted in the woman’s infertility and related complications, the judgment is reversed and remanded because the evidence raised a ...

Tagged with: Continuing Care Doctrine medical malpractice Negligence Statute Of Limitations

Plaintiffs sued defendant medical malpractice, alleging defendant failed to exercise reasonable care to counteract the side effects of medication it prescribed. During trial, the district court excluded plaintiff’s expert, concluding he was “not qualified to testify regarding the standard of ...

Tagged with: Exclusion of Expert Testimony Failure to Counteract Drug Side-Effects medical malpractice Negligence

The district court dismissed plaintiff’s suit, alleging claims for negligent supervision and failure to warn of a priest’s sexual propensities at a U.S. Army medical center, on the basis of sovereign immunity. Where the decision to retain the priest was ...

Tagged with: Negligence Sovereign Immunity

Plaintiff appealed the adverse grant of summary judgment based on her lack of standing. Plaintiff filed suit against defendant on behalf of the estate of her deceased husband. Where the probate court reappointed plaintiff as administrator ab initio after she ...

Tagged with: Appointment as Administrator ab Initio medical malpractice Negligence Standing

Where the plaintiffs in a wrongful-death, medical-negligence case argued that the trial court committed reversible error by denying them the right to ask their approved insurance question, the judgment is reversed and remanded because the proper foundation for the question ...

Tagged with: Insurance Question medical negligence Negligence wrongful death

Where the parents of a man who died in an auto accident challenged the apportionment of the proceeds of a $500,000 settlement, the trial court did not err in denying the mother’s oral motion for a continuance because the motion ...

Tagged with: Apportionment Negligence Settlement Proceeds wrongful death

Plaintiff, an insurance company, sued defendant, a former agent, for damages plaintiff paid out in a lawsuit filed by a policyholder who purchased a policy through defendant. Defendant counterclaimed for withheld compensation arising from the sale of that policy. Defendant ...

Tagged with: Collateral Estoppel Indemnification/Contribution Negligence Ratification

Plaintiff was injured when defendant fell asleep at the wheel of their tractor-trailer. Defendant was transporting goods as an independent contractor and mentoring plaintiff for the carrier’s training program. The district court dismissed plaintiff’s claim as barred by the workers’ ...

Tagged with: Dual Employment Exclusive Remedy of Workers’ Compensation motor vehicle accident Negligence

Plaintiff appealed the dismissal of his second amended complaint, asserting state law claims for nuisance and negligence and a claim under CERCLA. Where plaintiff’s claims were without merit, district court properly dismissed the second amended complaint. Judgment is affirmed. Smith ...

Tagged with: CERCLA Environmental Negligence nuisance