Justia Injury Law Opinion Summaries

The case concerns an accident involving the Adalyn, a 38-foot commercial workboat owned by Michael Quain Neward Pittman and chartered by Hunter Marine Group, LLC. In November 2024, eight employees of Encore Dredging Partners, LLC were aboard the Adalyn during maintenance dredging operations on the Alabama River when the vessel ran aground and struck a steel pipe, resulting in injuries. The employees were performing work under a contract where Hunter Marine provided the vessel and received a daily flat fee from Encore, regardless of its use.Following the incident, the injured Encore employees filed personal injury claims in state court against Hunter Marine and Encore. In May 2025, Hunter Marine and Pittman sought to limit their liability under the federal Limitation of Liability Act of 1851 by filing a petition in the United States District Court for the Southern District of Texas. The district court stayed the state proceedings and ruled on cross-motions for summary judgment. It concluded that the Adalyn was a “covered small passenger vessel” excluded from the Act’s limitation of liability protections and granted summary judgment to the claimants.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s summary judgment decision de novo. The central issue was whether the Adalyn qualified as a “covered small passenger vessel” by carrying “passengers for hire,” given that consideration for carriage had been provided—albeit indirectly—by Encore on behalf of its employees. The Fifth Circuit held that the statute does not require personal payment by the passenger; indirect payment by an employer suffices. Consequently, the court affirmed that the Adalyn was a covered small passenger vessel, making the Limitation of Liability Act inapplicable and upholding the district court’s summary judgment for the claimants. View "Hunter Marine Group v. Gonzalez" on Justia Law

A federal employee, Robert Duran, who held a full-time union leadership position with the National Border Patrol Council (NBPC), struck Tami Barrier with his vehicle while exiting a United States Customs and Border Protection (CBP) station in Del Rio, Texas. Duran was leaving the station to collect pandemic-related supplies donated for CBP agents, a task requested by another union leader. The supplies were intended for distribution among multiple Border Patrol stations. Duran’s work entailed both union responsibilities and CBP overtime hours, and there was ambiguity regarding whether he was on duty at the time of the incident. Video evidence and timesheets provided conflicting accounts of his work hours, and there was dispute over whether collecting the supplies was a personal favor or part of his union duties.The United States District Court for the Western District of Texas granted summary judgment to the Government, finding that Duran was not acting within the course and scope of his employment when the incident occurred. The court concluded that the errand was not a CBP task and was not performed under CBP’s authority, so the United States could not be held vicariously liable under the Federal Tort Claims Act (FTCA).The United States Court of Appeals for the Fifth Circuit reviewed the district court’s decision de novo. The Fifth Circuit held that genuine disputes of material fact existed regarding whether Duran was acting within the scope of his employment under Texas law, including whether he was performing a “special mission” for CBP at the time. The court determined that a reasonable jury could find Duran’s actions benefited CBP and were performed with its implied approval. Accordingly, the Fifth Circuit reversed the district court’s summary judgment and remanded the case for further proceedings. View "Barrier v. USA" on Justia Law

Cheryl Roberts and William Chambers were injured in a multi-vehicle crash on Interstate 20 in Mississippi, which they allege was caused by a tractor-trailer operated by a KJ Win, Inc. employee. According to the plaintiffs, the KJ Win driver improperly parked his truck on the shoulder, forcing another truck to change lanes suddenly and triggering the collision. Roberts suffered a traumatic brain injury and other ongoing problems, while Chambers sustained a fractured sternum and other injuries. They sued KJ Win for negligence and asserted that the company was vicariously liable for its driver’s actions.After filing the suit in the United States District Court for the Southern District of Mississippi, Roberts and Chambers attempted to serve KJ Win but had difficulty locating its registered agent. Ultimately, they received permission from the court to effect service through the California Secretary of State. KJ Win did not respond, and the district court entered a default judgment against it following an evidentiary hearing, awarding the plaintiffs over $2.8 million in damages. KJ Win later moved to set aside the default judgment under Federal Rule of Civil Procedure 60(b), arguing lack of notice, excusable neglect, lack of prejudice to plaintiffs, existence of meritorious defenses, and interests of justice. The district court denied the motion, finding the default was willful.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the denial of relief under Rule 60(b). The court held that the district court did not abuse its discretion in finding KJ Win’s default was willful, ending the inquiry under Rule 60(b)(1). The Fifth Circuit also ruled that KJ Win forfeited its arguments regarding defective service and damages, as they were not raised before the district court. The Fifth Circuit affirmed the district court’s judgment. View "Roberts v. KJ Win" on Justia Law

A maintenance worker was injured when a small derrick tipped over during work on a defective transformer. Two years after the incident, the injured individual and his spouse filed suit against the derrick’s manufacturer and several corporate entities that leased the equipment to the worker’s employer. The complaint was filed on the last day permitted by the Texas statute of limitations. Plaintiffs received service citations the next day, and forwarded them to a process server three days later. Service was completed about fifty days after filing, with delays attributed to confusion over defendants’ identities and addresses, as well as disruptions caused by a courthouse fire in an unrelated case involving plaintiffs’ counsel.After defendants were served, they removed the case to the United States District Court for the Southern District of Texas. The district court dismissed the claims against the manufacturer for insufficient diligence in service and granted summary judgment for the corporate defendants. The district court found that plaintiffs had waited too long at several points—three days before forwarding citations, several weeks before following up with the process server, and additional days before clarifying instructions—thus concluding that plaintiffs failed to exercise sufficient diligence as required by Texas law.The United States Court of Appeals for the Fifth Circuit reviewed the case and held that the district court applied a more demanding standard than Texas law requires. Under Texas law, a plaintiff must show ordinary diligence in effecting service after timely filing suit. The appellate court found that plaintiffs’ explanations for the short delays, including handling a complex service task involving multiple corporate defendants and temporary distractions from an unrelated courthouse fire, were sufficient to raise a genuine factual dispute regarding diligence. The Fifth Circuit reversed the district court’s dismissal and summary judgment, and remanded the case for further proceedings. View "Larkins v. S.D.P. Manufacturing" on Justia Law

The plaintiff was violently attacked by her ex-boyfriend, who was on federal supervised release at the time. Prior to the attack, the plaintiff informed the supervising probation officer of specific threats made against her and was assured that steps would be taken to protect her, including issuing an arrest warrant. Despite these promises, the officer failed to take urgent action or communicate the immediate danger to the court or law enforcement. Days later, the ex-boyfriend assaulted the plaintiff, causing severe injuries.In the United States District Court for the Eastern District of Texas, the plaintiff brought claims under the Federal Tort Claims Act (FTCA) alleging negligence and negligent undertaking by the United States. The government moved to dismiss, asserting the FTCA’s misrepresentation and discretionary function exceptions deprived the court of jurisdiction. The district court granted the motion, holding that the misrepresentation exception applied because the officer’s promises were central to the plaintiff’s claims. The court did not address the discretionary function exception.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the dismissal de novo. The Fifth Circuit held that the plaintiff’s claims for negligent failure to protect were not barred by the misrepresentation exception, as the essence of the claims concerned operational negligence rather than faulty communication. The court also held that the discretionary function exception did not apply, finding that after the officer made the discretionary decision to seek an expedited warrant, subsequent failures to act were not susceptible to policy analysis and were not shielded by the exception.The Fifth Circuit reversed the district court’s dismissal and remanded the case for further proceedings, allowing the plaintiff’s claims for negligence and negligent undertaking to move forward. View "Morris v. USA" on Justia Law

A 14-year-old passenger, Kevin Greenidge, died from cardiac arrest aboard an American Airlines international flight from Honduras to Florida. Kevin, who suffered from multiple health conditions, began experiencing breathing difficulties soon after takeoff. Despite the crew’s efforts and the assistance of two medical professionals on board, Kevin did not survive. During the resuscitation attempt, there was a dispute about whether the aircraft’s automated external defibrillator (AED) functioned properly, as several witnesses reported it failed to deliver a shock, despite internal device data indicating otherwise.Following Kevin’s death, his aunt, Melissa Arzu, acting individually and as administrator of his estate, filed suit against American Airlines in the United States District Court for the Northern District of Texas. She alleged liability and loss of consortium under the Montreal Convention and breach of contract under Texas law. Both parties moved for summary judgment. The district court granted summary judgment in favor of American Airlines on all claims, finding that the alleged deviations from airline policy and medical response did not constitute an “accident” under Article 17 of the Montreal Convention.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed summary judgment on the claims based on the crew’s allegedly ineffective medical response, holding that such a response does not amount to an “accident” under Article 17 without unusual circumstances or willful inaction. However, the court reversed summary judgment on the claims premised on the AED malfunction, finding that a genuine dispute remained as to whether the AED’s failure, in violation of FAA regulations, could be considered an “unexpected or unusual event.” The court also held that the Montreal Convention expressly preempts Arzu’s breach of contract claim. View "Arzu v. American Airlines" on Justia Law

A police officer suffered severe injuries during a protest in Baton Rouge, Louisiana, when a demonstrator threw a heavy object that struck him in the face. The protest was organized in response to police conduct and was led by a prominent activist who had previously participated in similar events that sometimes turned violent. On the day of the incident, the leader was observed directing protestors, including leading them onto a highway and not discouraging violent behavior as the situation escalated. The officer’s injuries were significant, resulting in lasting physical and psychological harm and the end of his law enforcement career.The officer sued the activist, Black Lives Matter, and related entities in the United States District Court for the Middle District of Louisiana, alleging negligence and other tort claims. The district court dismissed most of the claims with prejudice, but the United States Court of Appeals for the Fifth Circuit reversed as to the negligence claim against the activist. The Supreme Court of the United States vacated that decision, remanding for clarification of Louisiana negligence law. The Supreme Court of Louisiana confirmed that state law recognizes a duty not to negligently precipitate third-party crimes under the circumstances alleged. After further proceedings, the district court again granted summary judgment for the activist, finding no duty, lack of causation, and First Amendment protection.On appeal, the United States Court of Appeals for the Fifth Circuit reversed the district court’s summary judgment. The court held that there is sufficient evidence for a jury to consider whether the activist’s leadership and actions breached a duty of care and were a cause-in-fact of the officer’s injuries, and that such a claim is not foreclosed by the First Amendment. The case was remanded for trial. View "Ford v. Mckesson" on Justia Law

A group of former student-athletes filed suit against a university, alleging that between 2012 and 2015, they sustained serious hip injuries while participating on the university's women's rowing team. They claimed that the injuries were caused by deficient coaching, athletic training, and medical care, which they argued were influenced by systemic gender-based disparities. The athletes pursued claims under Title IX for gender discrimination and under Texas law for negligence. The university moved for summary judgment, arguing that the claims were barred by the applicable two-year statute of limitations.The United States District Court for the Northern District of Texas agreed with the university as to eight plaintiffs, granting summary judgment and finding their claims time-barred. For a ninth plaintiff, the district court partially granted and partially denied summary judgment, allowing some claims for compensatory damages to proceed. The plaintiffs appealed the ruling for the eight time-barred claims, and the United States Court of Appeals for the Fifth Circuit affirmed, holding that the claims were indeed barred by the statute of limitations.Following summary judgment, the university sought to recover litigation costs as the prevailing party under Rule 54(d) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1920. The district court found the university to be a prevailing party and awarded the majority of the costs requested, after reducing the amount. The plaintiffs appealed the cost award. The United States Court of Appeals for the Fifth Circuit held that the university was properly designated the prevailing party, that none of the factors in Pacheco v. Mineta weighed against awarding costs, and that the university had met its burden to show the necessity and amount of costs sought. The Fifth Circuit affirmed the district court’s award of costs. View "Clouse v. Southern Methodist University" on Justia Law

Gene Cleveland Battieste, a veteran, underwent surgery at a Veterans Affairs Medical Center in Jackson, Mississippi in 2006. Although he had consented to surgery on certain cervical vertebrae, an additional procedure was performed on his C2 vertebra without his knowledge or consent. Following the surgery, Mr. Battieste experienced post-operative complications, including infection and increased pain. He applied for VA disability benefits in 2008, which were ultimately approved in 2020. The 2020 decision by the VA Board of Veterans’ Appeals was the first time Mr. Battieste or his family learned of the unauthorized surgery and the VA’s failure to provide proper informed consent or adequate post-operative care. Mr. Battieste died in 2022.In November 2022, the administrator of Mr. Battieste’s estate filed an administrative claim under the Federal Tort Claims Act (FTCA), which the VA denied. In May 2024, a lawsuit for medical negligence was filed in the United States District Court for the Southern District of Mississippi. The district court dismissed the case, finding that Mississippi’s medical malpractice statute barred any action brought more than seven years after the alleged negligence.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court determined that Mississippi Code Annotated § 15-1-36(2)’s seven-year period is a statute of repose, not merely a statute of limitations. The court found that Mississippi’s intermediate appellate courts consistently interpret the seven-year provision as an absolute bar to claims, and the statute’s structure and language support this reading. Because the suit was filed more than seven years after the surgery, the court held the claim was time-barred and affirmed the district court’s dismissal. View "Battieste v. United States" on Justia Law

Michael Hickson, who had become severely disabled following cardiac arrest and anoxic brain injury in 2017, was hospitalized multiple times for recurring infections but recovered from several serious episodes. In June 2020, while hospitalized for pneumonia, sepsis, and suspected COVID-19, his doctors at St. David’s Healthcare assessed him as having a 70% chance of survival. Despite this, he was placed on hospice care and a do-not-resuscitate order was issued, with medical staff indicating that his inability to walk or talk equated to a poor quality of life. Life-sustaining treatment, including food and fluids, was withdrawn, even as his condition temporarily improved. Michael’s family, led by his wife Melissa Hickson, sought answers and attempted to visit him, but were repeatedly denied access and information. Michael ultimately passed away, and subsequent public statements by the hospital disclosed protected health information and cast aspersions on Melissa’s fitness as a guardian.The United States District Court for the Western District of Texas dismissed or granted summary judgment in favor of the defendants on all claims, including disability discrimination under § 504 of the Rehabilitation Act and § 1557 of the ACA, § 1983 claims, state-law medical negligence, informed consent, wrongful death, and intentional infliction of emotional distress. The plaintiffs objected to the recommendations for dismissal of the disability discrimination and § 1983 claims; the district court overruled these objections and dismissed those claims with prejudice. The remaining state-law claims were later resolved on summary judgment.Upon de novo review, the United States Court of Appeals for the Fifth Circuit held that disability discrimination claims based on alleged denial of medical treatment solely due to disability are cognizable and may proceed. The court also vacated and remanded the dismissals of the informed consent and intentional infliction of emotional distress claims, but affirmed dismissal of the § 1983 claims and other state-law claims. View "Hickson v. St. David's Healthcare Partnership" on Justia Law