Daniel Donaldson appealed the grant of summary judgment in favor of Country Mutual Insurance Company ("Country Mutual"). The underlying action stemmed from a November 2015 accident in which Donaldson, while working in a construction zone on the west side of Bailey Cove Road in Madison County, Alabama, was struck by a sport-utility vehicle, owned and driven by Gregory Johnston. As a result of the collision, Donaldson suffered severe injuries to one of his legs that ultimately required the amputation of the leg. Donaldson sued Johnston and Country Mutual, asserting claims of negligence and wantonness against Johnston and asserting that Country Mutual was vicariously liable for Johnston's conduct under theories of agency and respondeat superior. At the time of the underlying accident, Johnston was working as an insurance agent under an "agent's agreement" with Country Mutual and a number of other companies that were collectively referred to in that agreement as "Country Insurance and Financial Services." Country Mutual filed a motion for a summary judgment, arguing that Johnston was not its agent or employee but, instead, was an independent contractor. Country Mutual further argued that, even assuming Johnston was its employee, his actions in relation to the accident were outside the line and scope of his alleged employment. The Alabama Supreme Court concluded Donaldson failed to submit substantial evidence of the existence of a genuine issue of material fact to support its claims against Country Mutual to defeat Country Mutual's summary judgment motion. Therefore, the Court affirmed the trial court. View "Donaldson v. Country Mutual Insurance Company" on Justia Law

This case involved an appeal brought by Aerocet, Inc., and its surety, the State Insurance Fund, in which they appealed an Idaho Industrial Commission decision involving two worker’s compensation claims brought by George McGivney. The Commission awarded McGivney benefits for injuries he sustained to his left knee while working for both Aerocet and Quest Aircraft (Quest). The Referee consolidated the two cases and issued a recommendation that attributed the vast majority of liability to Quest. The Commission rejected the bulk of the Referee’s recommendations and apportioned liability equally between Aerocet and Quest. Aerocet appealed, alleging the Commission inappropriately consolidated McGivney’s two injury claims. Aerocet also argued the Commission failed to determine McGivney’s disability in excess of impairment from his 2011 accident at Aerocet prior to his 2014 accident at Quest, and that the Commission erred in its application of Brown v. Home Depot, 272 P.3d 577 (2012). Aerocet also contended the Commission’s decision was not supported by substantial and competent evidence. After review, the Idaho Supreme Court affirmed the Commission’s decisions. The matter was remanded back to the Commission to enable it to calculate the amount due Quest’s surety from Aerocet’s surety for any amounts overpaid by Quest’s surety. View "McGivney v. Aerocet, Inc" on Justia Law

Mar-Jac Poultry MS, LLC (Mar-Jac), appealed the denial of its motion for summary judgment on the Plaintiffs’ claims for negligence, negligence per se, and wrongful death under the theory of respondeat superior after a Mar-Jac employee’s vehicle collided with a school bus on the way to work, killing his two passengers, who were also Mar-Jac employees. Based on the evidence presented, the Mississippi Supreme Court found the trial court erred in denying Mar-Jac’s motion for summary judgment, because it was undisputed that the driver was not acting in the course and scope of his employment with Mar-Jac when the accident occurred. Thus, the Court reversed and entered judgment in favor of Mar-Jac. View "Mar-Jac Poultry MS, LLC v. Love" on Justia Law

Cesar Beltran-Serrano, mentally ill and homeless, was shot multiple times by a Tacoma, Washington Police Officer, Michel Volk. Beltran-Serrano survived the shooting, and through a guardian ad liter, filed suit for negligence and assault and battery against the City of Tacoma. The superior court dismissed the negligence claims on summary judgment, agreeing with the City that Beltran-Serrano’s legal redress would have been as an intentional tort claim for assault and battery. The Washington Supreme Court reversed: “the fact that Officer Volk’s conduct may constitute assault and battery does not preclude a negligence claim premised on her alleged failure to use ordinary care to avoid unreasonably escalating the encounter to the use of deadly force.” The Court concluded Beltran-Serrano presented evidence to allow a jury to find that the City failed to follow accepted practices in Officer Volk’s interactions with him leading up to the shooting, and that his negligence resulted in his injuries. View "Beltran-Serrano v. City of Tacoma" on Justia Law

The Supreme Court vacated the decision of the court of appeals in this interlocutory appeal from the denial of a judicial statements privilege in litigation between two physicians, holding that the matter at issue was beyond the parameters of appellate interlocutory jurisdiction. Plaintiff alleged that Defendant engaged in a pattern of conduct intended to damage Plaintiff's reputation and lure her patients to Defendant's medical practice. Defendant filed a motion to dismiss asserting the protections of the judicial statements privilege for absolute immunity based on a previous medical malpractice action that both physicians were involved in. The trial court denied the motion to dismiss. The court of appeals concluded that Defendant was immune from some, but not all, of Plaintiff's claims. The Supreme Court vacated the court of appeals' decision, holding (1) the collateral order doctrine is a narrowly circumscribed exception to the final judgment rule; and (2) the judicial statements privilege is not a form of immunity, the denial of which allows for an interlocutory appeal under the collateral order doctrine. View "Maggard v. Kinney" on Justia Law

In this wrongful death suit, the Supreme Court overruled Chambers v. Ideal Pure Milk Co., 245 S.W.2d 589 (Ky. 1952), insofar as it holds a police officer cannot be the proximate or legal cause of damage inflicted on a third party by a fleeing suspect and adopted the majority rule that will allow juries to determine whether a pursuing officer's actions were a substantial factor in causing injury to a third party and apportion fault accordingly. Luiz Gonzales was killed when a criminal suspect crashed into Gonzales' vehicle during a high-speed chase initiated by a Scott County deputy sheriff. Gonzales' estate filed a wrongful death suit against the deputy sheriff and the county sheriff. The circuit court granted summary judgment for Defendants based on Chambers and its per se no proximate cause rule. The court of appeals affirmed. The Supreme Court reversed and remanded, holding that, applying the new standard announced today, the factual allegations in this case were sufficient to create a disputed issue of material fact as to whether the deputy sheriff negligently conducted his pursuit of the criminal suspect. View "Gonzalez v. Johnson" on Justia Law

The Supreme Court accepted the United States District Court, Western District of Kentucky's request for certification of law on the following issue, holding that a pre-injury liability waiver signed by a parent on behalf of a minor child is unenforceable under the specific facts of this case. Mother purchased tickets at a for-profit trampoline park (Park) for her eleven-year-old daughter. Mother checked a box indicating that she had read the Park's waiver of liability. The daughter proceeded to participate in the Park's activities but was injured. Mother, as next friend of Daughter, sued the Park for the injury. The Park moved for summary judgment based on Mother's legal power to waive the rights of her daughter via the release. The district court then requested certification from the Supreme Court as to this novel issue of state law. The Supreme Court held (1) under the common law of this Commonwealth, absent special circumstances, a parent has no authority to enter into contracts on a child’s behalf; and (2) there is no relevant public policy to justify abrogating the common law to enforce an exculpatory agreement between a for-profit entity and a parent on behalf of her minor child. View "Miller v. House of Boom Kentucky, LLC" on Justia Law

The First Circuit affirmed the judgment of the district court in this diversity tort claim, holding that the district court did not err in finding that Defendant could not be found liable because Plaintiff was hurt by the very hazard he was required to remedy. Plaintiff sustained a severe knee injury when he slipped on fluid at an auto dealership owned by Defendant that Plaintiff's company had been hired to clean. The district court granted summary judgment for Defendant, finding that Defendant neither had a duty to warn Plaintiff of the puddle nor acted negligently in failing to address it. The First Circuit affirmed, holding that the facts of this case fell squarely within the carve-out in Massachusetts law for injury to an independent contractor resulting from a risk inherent in the job he was hired to perform. See Poirier v. Town of Plymouth, 372 N.E.2d at 227 (Mass. 1978). View "Lapointe v. Silko Motor Sales, Inc." on Justia Law

The Supreme Court reversed the order of the circuit court denying Defendant's motion to dismiss and remanded this case to the circuit court for the entry of an order dismissing Plaintiff's claims against Defendant, holding that the circuit court exceeded its jurisdiction by failing to dismiss Plaintiff's claims against Defendant. Plaintiff was injured while working for Old Dominion Freight Line, Inc. and was subsequently terminated. Defendant, Old Dominion's third-party claims administrator, denied Plaintiff's claim for workers' compensation benefits on behalf of Old Dominion. Plaintiff sued Defendant. Defendant moved to dismiss Plaintiff's claims, but the circuit court judge denied the motion. The Supreme Court granted Defendant's motion for a writ of prohibition, holding that the circuit court exceeded its legitimate powers when it refused to dismiss Plaintiff's claims against Defendant. View "State ex rel. Gallagher Bassett Services v. Honorable Carrie Webster" on Justia Law

Plaintiff filed suit on behalf of his mother's estate against WellDyne and Exactus, asserting claims for negligence, negligence per se and breach of the implied warranty of fitness for a particular purpose against both defendants. Plaintiff also alleged Exactus was vicariously liable for the actions of WellDyne under agency and joint venture theories. In this case, plaintiff's mother died shortly after a hospital stay stemming from her ingestion of prescription medications that were erroneously mailed to her by WellDyne. The district court granted summary judgment in favor of WellDyne and Exactus as to all counts, finding that plaintiff's mother was contributorily negligent as a matter of law which completely barred her recovery in North Carolina. The court reversed the district court's judgment insofar as it granted summary judgment on the basis of contributory negligence and causation, remanding for the district judge to conduct a Daubert analysis of the expert opinions proffered by plaintiff to determine whether taking some of the misdirected medications was the cause of the mother's injuries and death. The court affirmed summary judgment to Exactus; affirmed summary judgment to WellDyne as to the claim for implied warranty of a particular purpose; and remanded. View "Small v. Welldyne, Inc." on Justia Law