Justia Injury Law Opinion Summaries

This law suit arose from a motor vehicle accident between a truck driven by Melvin Jones and owned by Celadon and another vehicle driven by plaintiff. The parties agree that Jones was at fault for the accident and that Celadon is vicariously liable. On appeal, Jones and Celadon challenge the district court's denial of their motion for a new trial. The court affirmed the judgment, concluding that the district court did not abuse its discretion in admitting evidence of medical bills because Texas law permits consideration of plaintiff's medical bills, and in refusing spoliation sanctions because the timing of plaintiff's surgery alone was insufficient to demonstrate that he had acted in bad faith. View "Guzman v. Jones" on Justia Law

Plaintiffs filed these consolidated cases, alleging exposure to asbestos aboard vessels operated or owned by the various defendants. At issue was whether the cases, originally filed in state court, properly belong in federal court. Defendants argue that removal was warranted under the Federal Officer Removal Statute, 28 U.S.C. 1442(a)(1). In adopting the magistrate judge’s report and recommendation, the district court found that defendants failed to establish an adequate causal link because plaintiffs’ claims were “analogous” to “failure to warn cases” where the government owns a work space infected with asbestos and the civilian contractor operating the facility fails to warn of the danger or otherwise mitigate the risk. The court found that the evidence suggests that the Federal Officer Defendants operated the vessels in a largely independent fashion and, at a minimum, were free to adopt the safety measures plaintiffs now allege would have prevented their injuries. The court concluded that the district court properly found that remand was proper based upon this ground. Accordingly, the court affirmed the judgment. View "Bartel v. Alcoa Steamship Co." on Justia Law