Justia Injury Law Opinion Summaries
Ex parte Kristi Kelley.
This case addressed whether a foster-care provider and a caseworker for the Department of Human Resources ("DHR") were immune from liability. Arnold Curry filed this wrongful-death action against Becky Van Gilder, a licensed foster-care provider, and Kristi Kelley, a caseworker with the Montgomery County, Alabama DHR office, seeking damages for the death of his nine-year-old son A.C., who died of complications related to sickle-cell anemia after DHR removed him from Curry's home. Curry alleged that Van Gilder had acted negligently and wantonly in caring for A.C. and that Kelley had acted negligently and wantonly in managing A.C.'s case. Van Gilder and Kelley separately asked the Montgomery Circuit Court to enter summary judgments in their favor, denying liability and arguing that they were protected by immunity based on their respective roles as a foster parent and a DHR caseworker. The trial court denied their motions. They separately petitioned the Alabama Supreme Court for writs of mandamus to direct the trial court to vacate its previous order denying their summary-judgment motions and to enter a new order granting those motions. The Supreme Court consolidated the petitions for the purpose of issuing one opinion, and granted the petitions in part and denied them in part. To the extent Curry's wrongful-death claims against Van Gilder and Kelley were based on allegations of negligence, those claims were barred by the doctrine of parental immunity. Parental immunity, however, did not bar wantonness-based claims, and Kelley did not establish that she was entitled to State-agent immunity as to the wantonness claim against her. Therefore, Curry's wrongful-death claims against Van Gilder and Kelley were allowed to proceed to the extent those claims were based on allegations of wantonness. View "Ex parte Kristi Kelley." on Justia Law
Posted in: Civil Procedure, Government & Administrative Law, Personal Injury, Supreme Court of Alabama
Ex parte Road Gear Truck Equipment, LLC.
Road Gear Truck Equipment, LLC ("Road Gear"), a corporation based in Franklin County, petitions this Court for a writ of mandamus directing the Marshall Circuit Court to vacate its order denying Road Gear's motion to transfer the underlying action to the Franklin Circuit Court and to enter an order transferring the action. Road Gear manufactures trucking equipment, including "cab guards" designed to prevent passengers in tractor-trailer trucks from being injured by shifting loads. Vernon Dement was operating a tractor trailer pulling a load of logs in Madison County, Alabama. While traveling, Dement's truck over turned on a curve in the road. The cargo crashed into the passenger compartment, crushing Dement to death inside the vehicle, and injuring his wife Deborah Dement, who was a passenger in the truck. Deborah filed suit in Marshall County on behalf of herself and in her capacity as the personal representative and administrator of the estate of her husband against Road Gear and fictitiously named defendants. Dement alleged that her injuries and the death of her husband were caused by Road Gear's negligence and wantonness and that Road Gear was liable under the Alabama Extended Manufacturer's Liability Doctrine ("the AEMLD"). Dement alleged in her complaint that venue was proper in Marshall County because she resided in Marshall County and Road Gear "does business in Marshall County." The Alabama Supreme Court determined FleetPride was Road Gear's "agent" in Marshall County for purposes of determining venue, and that Road Gear failed to show that it did not regularly do business in Marshall County at the time the suit was filed. Therefore, the trial court did not err in denying Road Gear's motion to transfer the action to Franklin County. View "Ex parte Road Gear Truck Equipment, LLC." on Justia Law
Posted in: Civil Procedure, Personal Injury, Products Liability, Supreme Court of Alabama, Transportation Law
Reardon v. King
The Supreme Court reversed the decision of the court of appeals remanding this case with instructions to enter judgment as a matter of law in favor of the Trust Company of Kansas (TCK) and reverse the jury's verdict finding TCK liable for negligent training, holding that the trial court's jury instructions were erroneous and that, therefore, the case must be remanded for a new trial on proper instructions. Marilyn Parsons sued TCK and its employee, Jon King, asserting various theories of liability. After a trial, the jury found JCK liable for negligent training and King liable for breach of fiduciary duty. The court of appeals reversed as to TCK, finding the evidence insufficient. The Supreme Court reversed, holding (1) the district court's instructions failed to present the jury with an accurate statement of negligence law and improperly separated Parsons' negligence claim against TCK into two causes of action; and (2) the legal errors affected the verdict. View "Reardon v. King" on Justia Law
State ex rel. Maxxim Shared Services, LLC v. Honorable Warren R. McGraw
The Supreme Court granted in part and denied in part a writ of prohibition sought by Defendants challenging the circuit court's denial of Defendants' motion to dismiss Plaintiff's complaint, holding that the circuit court erred when it refused to dismiss Plaintiff's claim for negligent infliction of emotional distress but did not err when it refused to dismiss Plaintiff's claim for general negligence. Plaintiff brought his complaint alleging that he suffered emotional injuries after witnessing a co-worker sustain fatal injuries due to Defendants' negligence. Defendants filed a motion to dismiss under W. Va. R. Civ. P. 12(b)(6) because the Plaintiff and his co-worker did not meet the "closely related" requirement. The circuit court denied the motion. Defendants then filed this petition requesting a writ of prohibition challenging the denial of the motion to dismiss. The Supreme Court granted the writ in part and denied it in part, holding (1) an employee cannot recover damages for emotional distress after witnessing an injury to an unrelated co-worker under a claim of negligent infliction of emotional distress; and (2) the circuit court did not err in denying Defendants' motion to dismiss as to Plaintiff's claim for general negligence because the claim was not duplicative of Plaintiff's claim for negligent infliction of emotional distress. View "State ex rel. Maxxim Shared Services, LLC v. Honorable Warren R. McGraw" on Justia Law
Hinton v. Sportsman’s Guide, Inc.
In 2012, Timothy Hinton was deer hunting when he fell from his tree stand. He was using a fall-arrest system (FAS), but the tree strap snapped, and Timothy plunged eighteen feet, eventually dying from his injuries. In 2013, Timothy’s parents, Marsha and Thomas Hinton, filed a wrongful-death suit based on Mississippi products-liability law. The defendant manufacturer, C&S Global Imports, Inc., defaulted and was not a source of recovery. So the litigation turned its focus to the manufacturer’s insurer, Pekin Insurance Company. After the Mississippi Supreme Court ruled Mississippi had personal jurisdiction over the Illinois-based insurer, Pekin successfully moved for summary judgment based on the clear tree-stand exclusion in C&S Global’s policy. Retailer Sportsman’s Guide, which sold Timothy the tree stand and FAS in 2009, also moved for and was granted summary judgment, giving rise to this appeal. As grounds for its decision, the trial court relied on the innocent-seller provision in the Mississippi Products Liability Act (MPLA), and found no evidence of active negligence by Sportsman's Guide. The Hintons argued in response: (1) Sportsman’s Guide waived its innocent-seller immunity affirmative defense; (2) a dispute of material fact existed over whether Sportsman's Guide was an innocent seller; or (3) alternatively, Mississippi’s innocent-seller provision should not control: instead the trial court should have followed Minnesota’s approach - the state where Sportsman’s Guide is located (under Minnesota’s law, innocent sellers may be liable when manufacturers are judgment proof, like C&S Global was here). Finding no reversible error in the trial court's judgment, the Mississippi Supreme Court affirmed. View "Hinton v. Sportsman's Guide, Inc." on Justia Law
Posted in: Business Law, Civil Procedure, Personal Injury, Products Liability, Supreme Court of Mississippi
Gallop v. Adult Correctional Institutions
In this case stemming from an incident that allegedly took place while Plaintiff was held in pretrial detention at the Adult Correctional Institutions (ACI) the Supreme Court affirmed the judgment of the superior court in favor of Defendants following entry of an order that denied Plaintiff's motion to file a second amended complaint, holding that Plaintiff was not entitled to relief on his allegations of error. In his complaint, Plaintiff, who was serving consecutive sentences of life imprisonment, alleged that he was attacked by a fellow inmate and that the attack was made possible by a correctional officer. Plaintiff sued ACI, the state, and various John Does, alleging negligence for failing properly to protect him. The trial justice granted Defendants' motion to dismiss based on Rhode Island's civil death statute, R.I. Gen. Laws 13-6-1. Thereafter, the trial justice denied Plaintiff's motion to file a second amended complaint. The Supreme Court affirmed, holding (1) the trial justice properly denied Plaintiff's motion to amend; and (2) Plaintiff's arguments that the civil death statute is unconstitutional on various grounds were barred by the "raise-or-waive" rule and procedural law. View "Gallop v. Adult Correctional Institutions" on Justia Law
State ex rel., Primecare Medical of West Virginia, Inc. v. Honorable Laura V. Faircloth
The Supreme Court granted the writ of prohibition sought by PrimeCare Medical of West Virginia, Inc. (PrimeCare) to dismiss the Estate of Cody Lawrence Grove's (the Estate) claims against PrimeCare for lack of subject matter jurisdiction, holding that the circuit court erred by failing to dismiss the claims against PrimeCare brought under the West Virginia Medical Professional Liability Act (MPLA). The Estate sued a correctional officer, a regional jail authority, and Prime Care, which provided monitoring of inmates, arguing that Cody Grove was able to commit suicide while he was an inmate because the correctional officer failed to conduct one or more safety checks on Grove. PrimeCare filed a motion to dismiss, alleging that the Estate failed to serve the notice of claim and the screening certificate of merit required by the MPLA. See W. Va. Code 55-7B-6. The circuit court denied the motion to dismiss. The Supreme Court vacated the circuit court's order, holding that to the extent the MPLA's pre-suit notice requirements were not complied with, the circuit court lacked subject matter jurisdiction to proceed. View "State ex rel., Primecare Medical of West Virginia, Inc. v. Honorable Laura V. Faircloth" on Justia Law
Posted in: Personal Injury, Professional Malpractice & Ethics, Supreme Court of Appeals of West Virginia
Patton v. County of Berkeley, West Virginia
The Supreme Court affirmed the order of the circuit court dismissing Plaintiff's claims against a sheriff's deputy, a county, and its sheriff's department alleging that his earlier arrest violated his constitutional rights and was intentional infliction of emotional distress and battery, holding that Plaintiff's claims were time barred and that Plaintiff's motions for disqualification were properly denied. The circuit court dismissed Plaintiff's claims because he did not file within the two-year statute of limitations. On appeal, Plaintiff argued that the circuit judge should have been disqualified from the case and that the tolling provision of W. Va. Code 55-17-3(a) should have applied once he gave notice of his claim to the sheriff's department. The Supreme Court affirmed, holding (1) the tolling provision of section 55-17-3(a) did not apply because the sheriff's department is not part of the executive branch of state government; and (2) Plaintiff's allegations that the circuit judge should have been disqualified were properly adjudicated by the Chief Justice of the Supreme Court and were without merit. View "Patton v. County of Berkeley, West Virginia" on Justia Law
Posted in: Civil Rights, Constitutional Law, Personal Injury, Supreme Court of Appeals of West Virginia
Goodwin v. Board of Education of Fayette County
The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Defendants and dismissing Plaintiff's claims, holding that the circuit court did not err in finding that Defendants were entitled to qualified immunity. Plaintiff, an eighteen-year-old high school student, filed a civil action against Defendants, the county board of education and the county's sheriff's office and deputy, based on injuries he received while wrestling on a public school soccer field after leaving the high school building without authorization after the seventh period of class. The circuit court ruled that Defendants were entitled to qualified immunity and that, because Plaintiff was an adult when he left the school, Defendants did not owe him a duty at the time of the injury. The Supreme Court affirmed, holding (1) the county board was a state actor for purposes of determining whether it was entitled to qualified immunity; and (2) Defendants did not violate any statutory duty to Plaintiff, and therefore, Defendants were entitled to qualified immunity. View "Goodwin v. Board of Education of Fayette County" on Justia Law
Aggreko, LLC v. Chartis Specialty Insurance Co.
These consolidated actions arose from fatal injuries suffered by James Andrew Brenek, II when he was electrocuted by an electrically-energized generator housing cabinet on a rig in Jefferson County, Texas. Brenek was employed by Guichard, which had leased the generator involved in the accident from Aggreko. Guichard had a primary commercial liability policy with Gray and an excess commercial liability policy with Chartis. Aggreko had a primary insurance policy with Indian Harbor. Indian Harbor appealed the district court's grant of summary judgment for Gray, and Gray conditionally appealed the district court's decision to apply Texas, rather than Louisiana, law to the issues before it. The Fifth Circuit affirmed the district court's judgment, concluding that the outcome of the dispute would be the same under both Texas and Louisiana law. Therefore, the court need not engage in a conflict-of-laws analysis and applied Texas law. Under Texas law, the court held that Gray exhausted its policy limit and its duty to defend Aggreko when it paid $950,000—the remainder of its liability coverage limit—to the Breneks in exchange for the Breneks agreement not to execute any judgment against Aggreko and to recognize Aggreko's entitlement to claim a $950,000 damages credit. View "Aggreko, LLC v. Chartis Specialty Insurance Co." on Justia Law