Justia Injury Law Opinion Summaries

Menard, Inc. (“Menards”) appealed an order denying a motion for summary judgment, an order denying a motion for judgment as a matter of law, an order granting attorney’s fees, an order as to the amount of attorney’s fees recoverable and entry of judgment, and a judgment. In 2013, Darlene Johnson visited a Menards store in Minot to exchange an item. A Menards employee directed Johnson to find the exchange in the store and return to the service counter. Johnson turned toward her right and started walking away. Almost immediately, Johnson tripped over a flatbed cart. The cart was one Menards offers its customers to use while in the store. As a result of the trip and fall, Johnson cracked seven teeth. 2017, Johnson filed a negligence action against Menards in small claims court seeking damages in the amount of $14,818.00. Menards removed the case to district court. Johnson then amended her claim with the consent of Menards. In the amended complaint, Johnson sought a jury trial and “a reasonable amount but not less than $50,000” in damages. Before trial, Menards moved for summary judgment contesting whether sufficient facts created a duty of care it owed to Johnson. The court denied the motion. At trial, Menards moved for judgment as a matter of law at the close of Johnson’s case. Menards again claimed insufficient evidence existed to require a duty of care Menards owed Johnson. Alternatively, Menards argued it had met any duty it owed Johnson. The court denied the motion. Menards did not renew its motion for judgment as a matter of law at the close of its case or after the jury returned the verdict. After review, the North Dakota Supreme Court affirmed the trial court, but remanded for consideration of Johnson's attorney's fees for this appeal. View "Johnson v. Menard, Inc." on Justia Law

Plaintiff-Respondent David Collins suffered serious injuries following his arrest by San Diego County Sheriff's Deputies for public intoxication. After a three-week trial, a jury found in favor of Collins on his negligence claims against the two deputies involved in the arrest and two nurses employed by the County of San Diego (County) who attended to Collins while in jail. On appeal from the subsequent judgment and the denial of its motion for judgment notwithstanding the verdict (JNOV), the County raised five claims of error: (1) the jury’s finding that the deputies had a reasonable basis to arrest Collins foreclosed his claim of negligence against the deputies; (2) the court erred by instructing the jury it could find the deputies liable for injuries caused by private physicians who treated Collins after he was released from custody; (3) the court erred by failing to instruct the jury it could not hold defendants liable for an injury Collins sustained while in jail; (4) governmental immunity requires reversal of the judgment against one of the nurse defendants; and (5) the court erred in its calculation of the amount of setoff the defendants were entitled to based on Collins’s prior settlement with the private physicians and their employer. The Court of Appeal rejected these arguments and affirmed the judgment. View "Collins v. County of San Diego" on Justia Law

At issue in this appeal was whether claimant Curtis Stanley filed a timely complaint against the Industrial Special Indemnity Fund ("ISIF") when Stanley filed his complaint more than five years after his industrial accident and more than one year after receiving his last payment of income benefits. The Idaho Industrial Commission (“Commission”) held it did not have continuing jurisdiction to entertain Stanley’s complaint against ISIF for non-medical benefits. The Commission found Idaho Code section 72-706 barred Stanley’s complaint and dismissed it. Stanley appealed, arguing continuing jurisdiction over medical benefits alone was sufficient to confer jurisdiction over complaints against ISIF and that the Commission erred in determining section 72-706 barred his complaint. Finding the Commission erred in determining section 72-706 barred Stanley's complaint, the Idaho Supreme Court reversed the Commission’s decision. View "Stanley v. Idaho Industrial Special Indemnity Fund" on Justia Law

In March 2014, Evvie Punches rented a one-bedroom apartment in the Conifer Groves complex in Anchorage; she renewed the lease in April 2015. The complex was owned by McCarrey Glen Apartments, LLC and managed by Weidner Property Management, LCC. Punches complained to the property manager since moving in regarding air quality in the apartment, and mold around the toilet. These issues continued despite a number of attempts by Weidner’s maintenance staff to fix them. Punches nonetheless renewed her lease in April 2015. When the property manager tried to arrange an inspection, Punches refused to allow maintenance staff into her apartment because she would not be home. Punches moved out of her apartment on March 2016 after delivering Weidner a “Notice of Defects in Essential Services.” Her notice listed issues with the front door, mold on the ceiling, mold on the carpet, damage from a previous fire, water damage, and “insufficient windows” that permitted “free flowing air throughout” the apartment. Punches moved to Minneapolis some time after she left her Alaska apartment, and sought care in Minnesota for various skin infections and reported that she had been exposed to mold for two years. She continued to pursue a connection between mold exposure and her recurring skin infections and other ailments. In 2017, she sued her former landlord and the property management company, claiming the companies negligently failed to eradicate mold in her apartment, thereby breaching the habitability provisions of the lease and causing her to suffer personal injury and property damage. After considerable delay involving discovery disputes, the superior court granted summary judgment dismissing Punches' personal injury claim. The parties went to trial on the tenant’s property damage and contract claims after the superior court precluded the tenant from introducing evidence relating to her personal injury claim. The jury rejected Punches' claims, and judgment was entered in favor of the companies. Punches appealed, contending that the court erred by ruling against her in discovery disputes, by denying her a further extension of time to oppose summary judgment, and by limiting the evidence she could present at trial. The Alaska Supreme Court concluded the court did not abuse its discretion when making the challenged rulings, and therefore affirmed the judgment against the tenant. View "Punches v. McCarrey Glenn Apartments LLC" on Justia Law

Plaintiff-appellee Christina Smith was the mother of Joshua England. Her claims arose from the death of England from a ruptured appendix in May 2018, while England was housed at the Joseph Harp Correctional Center (JHCC), an Oklahoma Department of Corrections (ODOC) facility in Lexington, Oklahoma. England was a 21-year-old prisoner at JHCC who was a few months away from release when he submitted multiple sick call requests. At the fifth such request, England complained his stomach hurt and he was short of breath. Unable to bear the pain while waiting at the clinic, England died in his cell from a ruptured appendix with acute peritonitis. Defendants-Appellants Joe Allbaugh, the Director of the Department of Corrections at the time this claim arose, and Carl Bear, the Warden of Joseph Harp Correctional Center (collectively, Defendants) appealed the district court’s order denying their motion to dismiss Smith's subsequent lawsuit relating to England's death on grounds of qualified immunity. The Tenth Circuit reversed, finding Smith alleged only that JHCC medical staff failed to follow procedure, not that Defendants failed to enforce those policies. Furthermore, the Court determined Smith failed to plead sufficient factual allegations to support deliberate indifference on the part of these defendants. Likewise, Smith failed to sufficiently plead Defendants improperly hired, supervised, and retained certain medical staff employees. View "Smith v. Allbaugh" on Justia Law

Under New Jersey’s Worker’s Compensation Act, an employee injured during a social or recreational activity generally cannot receive compensation for those injuries unless a two-part exception is met. Here, the New Jersey Supreme Court considered whether the injuries sustained by claimant Kim Goulding at an event hosted by her employer were compensable. The workers’ compensation court dismissed Goulding’s claim, determining that "Family Fun Day" was a social or recreational event and that the two-part test of N.J.S.A. 34:15-7 was not satisfied. The Appellate Division affirmed. The Supreme Court reversed, finding the injury Goulding sustained while volunteering at her employer-sponsored event was compensable because, as to Goulding, the event was not a social or recreational activity. Even if N.J.S.A. 34:15-7 was applicable here, Goulding would still have satisfied the two-part exception set forth in that statute. Her role at the event, which was planned to be held annually, was the same as her role as an employee, and but for her employment at Friendship House, Goulding would not have been asked to volunteer and would not have been injured. Thus, Goulding’s injury was “a regular incident of employment.” Furthermore, the Court found Friendship House received a benefit from Family Fun Day “beyond improvement in employee health and morale.” The event was not a closed event for the Friendship House team. Rather, it was an outreach event to celebrate and benefit Friendship House’s clients, creating goodwill in the community. View "Goulding v. NJ Friendship House, Inc." on Justia Law

Allstate Insurance Company ("Allstate") and its insured, Kaitlin Ogletree, disagreed about the extent of damages incurred in an automobile accident that Ogletree had with an underinsured motorist. During closing arguments, Ogletree's counsel made inaccurate statements unsupported by the evidence presented at trial. The jury returned a verdict for Ogletree, and Allstate appealed on account of the allegedly improper closing argument. The Alabama Supreme Court concluded the incorrect statements were prejudicial and adequate grounds for a new trial. Allstate's objection to the argument was properly preserved, and the Court found those statement were not provoked by an improper statement from Allstate's counsel. Judgment was reversed and the matter remanded for a new trial. View "Allstate Insurance Co. v. Ogletree" on Justia Law

This interlocutory appeal stemmed from a trial judge granting partial summary judgment, dismissing a claim of malicious prosecution. Richard and Victoria Wilbourn were in a longstanding domestic matter. Victoria accused Richard of misconduct towards their children, but the chancellor determined that the accusations were unfounded. Victoria went to the Ridgeland Police Department for help and filed an eight-page report against Richard, restating his alleged misconduct. The Ridgeland Police Department followed protocol, investigated, and referred the case to the district attorney’s office. The case was presented to a grand jury; the grand jury returned no bill. Notably, Richard was never charged, indicted, or arrested in connection with the investigation, and Victoria did not swear an affidavit against him. In the summer of 2016, Richard discovered the investigation and grand jury presentment and responded by filing suit, claiming malicious prosecution, intentional infliction of emotional distress, and negligent infliction of emotional distress. In response, Victoria moved for summary judgment. And after a hearing, the trial judge granted partial summary judgment, dismissing Richard’s claim of malicious prosecution but retaining the others. Definitively, the trial judge found that “no criminal proceedings were instituted and therefore [Richard] cannot satisfy the first element of his claim.” With no arrest or indictment, or Richard otherwise being subjected to oppressive litigation of criminal charges for the report that Victoria gave to the Ridgeland Police Department, the Mississippi Supreme Court concluded the trial court did not err in dismissing Richard's malicious-prosecution claim. The matter was remanded for further proceedings. View "Wilbourn v. Wilbourn" on Justia Law

At issue in this case was whether the general-specific rule applied to a second degree manslaughter charge stemming from a workplace death. The State initially charged Phillip Numrich under the Washington Industrial Safety and Health Act of 1973 (WISHA), RCW 49.17.190(3), the specific statute that punished employer conduct resulting in employee death. The State also charged the employer with second degree manslaughter. The trial court denied the employer’s motion to dismiss the manslaughter charge based on the general-specific rule, and the employer sought and was granted direct review. Specifically, the issue before the Washington Supreme Court was whether the trial court properly denied Numrich’s motion to dismiss a second degree manslaughter charge when one of his employees was killed at the construction site. While consideration of the employer’s motion for direct discretionary review was pending, the State moved to amend the information to add an alternative charge of first degree manslaughter. The trial court granted the motion to amend but sua sponte imposed sanctions against the State based on the timing of the amendment. The employer sought review of the order granting the amendment and the State sought review of the order imposing sanctions. The Washington Supreme Court concluded the trial court did not err in denying the employer’s motion to dismiss the manslaughter charge under the general–specific rule. Furthermore, the Court held the trial court did not err in granting the State’s motion to amend the information to add an alternative first degree manslaughter charge. Finally, the Court held the trial court did not err in imposing sanctions on the State under the circumstances of this case. View "Washington v. Numrich" on Justia Law

Ronald and Christy Cannon sued Oconee County, Georgia after a vehicle chase initiated by an Oconee County sheriff’s deputy ended in their daughter’s death. The trial court granted the County’s motion for summary judgment, holding that: (1) the Sheriff of Oconee County in his official capacity, not the County, was liable for the deputy’s actions; and (2) the Cannons could not substitute the Oconee County Sheriff in his official capacity as the defendant in place of Oconee County because the statute of limitations had expired and the relation-back doctrine embodied in OCGA 9-11-15 (c) did not apply. The Court of Appeals affirmed the trial court’s determination as to the proper defendant but reversed its ruling that relation-back did not apply. The Georgia Supreme Court held that the application of the relation-back doctrine depended on whether the proper defendant knew or should have known that the action would have been brought against him but for the plaintiff’s mistake, not on what the plaintiff knew or should have known and not on whether the plaintiff’s mistake was legal or factual. The Supreme Court vacated the decision of the Court of Appeals and remanded with direction for the trial court for application of the proper standard. View "Oconee County v. Cannon et al." on Justia Law