Justia Injury Law Opinion Summaries

Reyna Cruz slipped and fell in a Costco food court, injuring her neck, back, knee, and wrist, which led to back surgery. The incident was recorded by Costco’s surveillance cameras. The video showed no evidence of a smoothie spill or any customer purchasing a smoothie in the 28 minutes before Cruz’s fall. However, a woman with a child in a shopping cart was seen in the area shortly before the fall, and Cruz testified that she saw a pink substance on the floor, her shoe, and her pant leg after the fall. Costco employees who arrived at the scene did not recall seeing anything on the floor but cleaned the area and placed a “wet floor” sign. The manager’s incident report noted “smoothie drops” on the floor.Cruz filed a lawsuit in state court, which Costco removed to federal court. The United States District Court for the Northern District of Illinois granted summary judgment to Costco, concluding that Cruz had not provided evidence that the smoothie spill was on the floor long enough for Costco to have constructive notice of its presence. The court also found that Cruz did not present evidence that Costco maintained a policy leading to dangerous conditions.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo. The court found that Cruz presented sufficient evidence to create genuine issues of material fact regarding the presence and duration of the smoothie spill. The court noted that the surveillance video, viewed in the light most favorable to Cruz, could allow a reasonable jury to infer that the spill had been on the floor for at least 28 minutes, which could establish constructive notice. The court also found that Cruz did not provide sufficient evidence to show that Costco maintained a pattern of dangerous conditions.The Seventh Circuit reversed the district court’s summary judgment and remanded the case for further proceedings. View "Cruz v Costco Wholesale Corporation" on Justia Law

Raymond Tackett, an inmate with the Indiana Department of Corrections (IDOC), suffered from Hepatitis C (HCV) and did not receive direct-acting antivirals (DAAs), a treatment that cures HCV. He died on November 29, 2019, from complications related to HCV. His daughter, Skyler Tackett, as the personal representative of his estate, filed an Eighth Amendment deliberate indifference claim and a state law medical malpractice claim against the medical professionals who treated him, Wexford Health Services, and Dr. Kristen Dauss, the Chief Medical Officer of the IDOC. She later dismissed all claims except the deliberate indifference claim against Dr. Dauss.The United States District Court for the Southern District of Indiana granted summary judgment in favor of Dr. Dauss, finding that she took reasonable steps to expand access to DAAs and was not responsible for the treatment decisions that led to Mr. Tackett’s death. Ms. Tackett appealed the decision.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo and affirmed the district court’s judgment. The court found that Ms. Tackett presented insufficient evidence for a reasonable jury to find Dr. Dauss liable in her individual capacity. The court noted that Mr. Tackett was in a treatment priority group and that Nurse Myers had requested DAAs for him, but there was no evidence that Dr. Dauss’s actions or the IDOC policy prevented him from receiving the treatment. The court concluded that while Mr. Tackett’s death was tragic, there was no evidence that Dr. Dauss’s actions amounted to deliberate indifference under the Eighth Amendment. View "Tackett v Dauss" on Justia Law

Vonzell Scott was shot while waiting in his car at a Wendy’s drive-thru in Chicago around 3:00 am on December 31, 2018. Scott had a brief altercation with another driver, but it ended peacefully. Shortly after, two armed individuals approached Scott’s car and opened fire, injuring him. Scott sued Wendy’s, alleging negligence for not providing overnight security guards, which he claimed could have prevented the shooting.The United States District Court for the Northern District of Illinois granted summary judgment in favor of Wendy’s. The court found that while Wendy’s owed a duty to protect Scott from intentional third-party assaults, the specific shooting incident was so aberrant that Wendy’s failure to provide security guards did not proximately cause Scott’s injury. The court concluded that the shooting was unforeseeable and that additional security would not have prevented it.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the district court’s decision, holding that the extreme, isolated, and unprovoked nature of the shooting made it unforeseeable as a matter of law. The court noted that while there was evidence of prior crimes in the area, none were similar to the shooting Scott experienced. The court concluded that Wendy’s could not have reasonably foreseen the attack, and therefore, the lack of security guards did not proximately cause Scott’s injury. The court emphasized that the foreseeability of an injury is context-dependent and that the specific type of violence Scott endured was not reasonably foreseeable based on the prior incidents. View "Scott v Wendy's Properties, LLC" on Justia Law

Denise Evans was diagnosed with a ureteral injury shortly after undergoing a hysterectomy on August 14, 2019. She filed a negligence lawsuit in state court against the surgeon and associated medical entities. The surgeon was employed by a federally-funded health center, and the Attorney General certified that he was acting within the scope of his employment, allowing the United States to substitute itself as the defendant under the Public Health Service Act (PHSA). The government removed the case to federal court and requested dismissal due to Evans's failure to exhaust administrative remedies. The district court dismissed the claims against the government without prejudice and remanded the claims against the non-governmental defendants to state court.Evans then exhausted her administrative remedies by filing a claim with the Department of Health and Human Services (HHS), which was received on September 23, 2021. After HHS failed to render a final disposition within six months, Evans filed a lawsuit against the United States under the Federal Tort Claims Act (FTCA), asserting medical negligence. The government moved to dismiss the suit, arguing that the claim was barred by the FTCA’s two-year statute of limitations. Evans contended that the Westfall Act’s savings provision and the doctrine of equitable tolling should apply. The district court disagreed and dismissed the suit.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that the Westfall Act’s savings provision does not apply when the United States substitutes itself as a party under § 233(c) of the PHSA. The court also found that equitable tolling was inapplicable, as Evans did not demonstrate extraordinary circumstances preventing her from timely filing her claim. Consequently, the Seventh Circuit affirmed the district court's dismissal of Evans's lawsuit. View "Evans v United States" on Justia Law

Felix Franco, a commercial truck driver, was asleep in his parked semi-trailer truck when it was hit by another truck driven by an employee of Richland Refrigerated Solutions, LLC. Franco claimed that the accident caused a back injury that necessitated surgery, while Richland acknowledged the accident but disputed the cause of Franco's injury. Franco had a history of degenerative back problems and had experienced back pain before the accident. The case went to trial, and a jury found in favor of Richland.The United States District Court for the Western District of Wisconsin handled the initial trial. Franco sought to admit medical illustrations as evidence, but the court only allowed two as demonstrative exhibits. The court provided jury instructions and a special verdict form, focusing on whether the accident caused Franco's injury. The jury ultimately ruled in favor of Richland, and Franco's post-trial motions were denied.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the district court's rulings, including the denial of Franco's motions for judgment as a matter of law and a new trial. The appellate court found that there was sufficient evidence for the jury to conclude that the accident did not cause Franco's injury. The court also upheld the jury instructions and special verdict form, stating they accurately reflected Wisconsin law. Additionally, the court found no abuse of discretion in the district court's decision to exclude two of Franco's medical illustrations. The judgment of the district court was affirmed in all respects. View "Franco v Richland Refrigerated Solutions, LLC" on Justia Law

Clarence Lewis, an inmate at Hill Correctional Center, sued various medical staff members, alleging they were deliberately indifferent to his health issues, violating the Eighth Amendment. Lewis claimed misdiagnosis and mistreatment of diabetes, COPD, irritable bowel syndrome, and Hepatitis C. He also contended that his grievance about a delay in diabetes medication was not properly addressed.The United States District Court for the Central District of Illinois denied Lewis's motions for recruited counsel, stating he could represent himself and obtain relevant documents. The court granted summary judgment in favor of Dr. Sood, Dr. Bautista, Nurse Vollmer, and Administrator Lindor, concluding no reasonable juror could find deliberate indifference. The court also granted summary judgment for Dr. Paul, citing claim splitting due to a similar prior lawsuit.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the judgment in favor of Dr. Sood, Dr. Bautista, Nurse Vollmer, and Administrator Lindor, finding no reasonable likelihood that recruited counsel would have changed the outcome. The court noted that Lewis's disagreement with his diagnoses and treatments did not constitute deliberate indifference. As for Administrator Lindor, her limited role and the lack of harm from the medication delay further supported the judgment.However, the court vacated the judgment in favor of Dr. Paul, agreeing with Lewis that the district court's application of claim splitting was erroneous. Dr. Paul had raised this defense too late, effectively acquiescing to the claim. The case was remanded for further proceedings regarding Dr. Paul, with the district court advised to reconsider Lewis's request for recruited counsel if the claim proceeds to trial. View "Lewis v Sood" on Justia Law

At the emergency room of Ingalls Memorial Hospital, Ford was treated by Dr. Parks‐Ballard, a Family Christian Health Center employee. A 2015 federal complaint alleged that Parks-Ballard failed to properly diagnose and treat Ford, who was eventually diagnosed with Wernicke’s encephalopathy and who sustained neurological injuries including permanent disability. Because Family operated with money from the Public Health Services, a government agency, the 2015 suit was filed under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2675(a) and the United States was the defendant. In determining that the claim accrued as of August 2010, the district court took judicial notice of a state court medical malpractice claim filed in August 2010 by Ford against Ingalls, Parks‐Ballard, and Family, including virtually the same allegations as the FTCA complaint. Ford voluntarily dismissed that complaint. The Seventh Circuit affirmed dismissal, based on the two-year statute of limitations. Regardless of Ford’s alleged mental disabilities, the 2010 complaint reflected an awareness that Ford’s injuries were caused by the defendant (through its agents). Ford’s claim was not presented to an administrative agency until 2015. View "Watkins v. United States" on Justia Law

Plaintiff filed suit alleging that defendants jointly employed as a supervisor, Brian Cooper, a man with a known history of sexually harassing, verbally abusing, and physically intimidating his female subordinates. Plaintiff also alleged that the joint employers failed to take reasonable steps in response to female employees' complaints and to misbehavior that more senior managers observed. For five years, Cooper verbally abused and controlled one subordinate, Alisha Bromfield. Cooper used his supervisory authority to require Alisha to come on a personal trip with him by threatening to fire her or cut her hours if she refused. During the trip, Cooper strangled Alisha to death and then raped her corpse. Alisha was seven months pregnant at the time. The court explained that Illinois law permits recovery from employers whose negligent hiring, supervision, or retention of their employees causes injury. The court concluded that the unusually detailed complaint plausibly stated such claims and that the Illinois courts would apply this general principle to the claims arising from Alisha's murder. View "Anicich v. Home Depot U.S.A., Inc." on Justia Law

Baugh fell off a five‐foot, A‐frame aluminum ladder while working on a gutter. Baugh sustained significant bleeding in his brain, which caused seizures, dementia, and quadriplegia. In a suit against Cuprum, which designed and manufactured the ladder, alleging a design defect under strict liability and negligence theories, Baugh argued that the ladder was not designed to accommodate 200-pound individuals and that a feasible alternate design would have prevented the accident. Cuprum argued that the accident occurred because Baugh climbed too high on the ladder, standing on its fourth step and pail shelf, neither of which were intended to be stood on. A jury found in Cuprum’s favor. On remand, Baugh elicited testimony from neighbors and a paramedic, all of whom arrived post‐accident, and from experts relating to the cause of the accident and the severity of his resulting injuries. There was testimony concerning how many pounds per square inch could be exerted on the ladder and how Baugh was standing on the ladder. Cuprum elicited contrary testimony. The Seventh Circuit affirmed an award of $11 million. Baugh’s experts’ methodologies were adequate; Cuprum’s challenges concerned the weight of their testimony rather than its admissibility. A reasonable jury could find in Baugh’s favor. Baugh supplied sufficient evidence that a feasible alternative existed, and that the accident was more likely attributable to the ladder’s original defective design than to its improper use. View "Baugh v. Cuprum S.A. de C.V." on Justia Law

Parker and her sister, Schiavon, checked into adjoining rooms at the Four Seasons. In each, a sliding glass door separated the shower area from the vanity area. As Parker exited the shower area by opening that door, it exploded, raining shards of glass onto her naked body and causing her injuries. Schiavon summoned help. Gartin, a hotel engineer, arrived, immediately looked at the overhead track and said: “Looks like the stopper moved again!” He explained that a “bunch” of newly installed glass doors had exploded because the track stoppers were not working properly, allowing the door-handles to crash into walls and cause the glass to explode. Gartin said the room was on a “do not sell” list; “You might want to check yours.” Schiavon checked and determined that the door in her room had the same defect. Parker uncovered evidence suggesting that the door in her room had previously shattered and had been replaced. An email between third party contractors revealed that several rooms had similar issues. The hotel conceded negligence. The court blocked Parker from raising the issue of punitive damages before the jury, finding her evidence insufficient as a matter of law. Parker recovered $20,000 in compensatory damages, reduced to $12,000 after set-off. The Seventh Circuit reversed. Four Seasons may have thought it repaired the problem. Parker’s room could have been pulled from service for another reason. These are issues for a fact-finder. Parker has the right to present her punitive damages claim to the jury. View "Parker v. Four Seasons Hotels, Ltd." on Justia Law