Justia Injury Law Opinion Summaries

Plaintiff, a now-retired Special Agent with the United States Secret Service, filed a civil suit against two United States Park Police officers (“officers”) under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Plaintiff asserted that the officers violated his rights under the Fourth Amendment by unlawfully seizing him during two traffic stops. A jury found the officers liable for Plaintiff’s emotional injuries resulting from the constitutional violations and awarded him a total of $205,000 in compensatory damages and $525,000 in punitive damages. The district court entered final judgment in accordance with the jury verdict and later denied the officers’ post-trial motions seeking judgment as a matter of law or a new trial.   The Fourth Circuit affirmed. The court concluded that Plaintiff presented a cognizable Bivens claim because his claim is not meaningfully different from the claim asserted in Bivens. Both cases involved allegations of unjustified, warrantless seizures in violation of the Fourth Amendment committed by federal “line” officers conducting routine police work. Also, the officers were not entitled to qualified immunity. They violated Plaintiff’s Fourth Amendment rights by significantly prolonging the initial stop without justification and by initiating a second, unjustified stop. This constitutional right to be free from such unlawful seizures was clearly established at the time the seizures occurred. Further, the court held that Plaintiff presented sufficient evidence of emotional injury to support the compensatory damage award, and the punitive damages award was not excessive. View "Nathaniel Hicks v. Gerald Ferreyra" on Justia Law

The federal district court for the District of South Carolina certified a question of law to the South Carolina Supreme Court. Garland Denson (the decedent) was killed in an automobile accident allegedly caused by a drunk driver. The complaint alleged the at-fault driver was overserved at Royal Lanes, a bar insured by Defendant National Casualty Company (National Casualty) under a general liability policy with no liquor liability endorsement. During probate of the decedent's estate, his personal representative, Plaintiff Anthony Denson (Denson), discovered Royal Lanes did not have the required liquor liability insurance. Specifically, Denson learned National Casualty previously provided liquor liability coverage to Royal Lanes, but at the time of the accident, the business had failed to renew the liquor liability coverage, leaving only a general liability policy. Liquor liability coverage was statutorily mandated for certain establishments that sell alcoholic beverages, and the failure to maintain this coverage constituted a violation of South Carolina law. The federal court asked whether a person could bring a dram-shop negligence action against a business whose insurer failed to notify the state Department of Revenue of the business’ lapse in liquor liability coverage, and the business did not have coverage at the time of the accident. The Supreme Court responded in the negative: S.C. Code Ann. section 61-2-145(C) did not create a private right of action in favor of an injured party against the business's insurer. View "Denson v. National Casualty" on Justia Law

The federal district court for the District of South Carolina certified a question of law to the South Carolina Supreme Court. In 2019, USAA issued a personal automobile policy to Megan Jenkins. The policy defined "your covered auto" as any vehicle shown on the policy's declaration, any newly acquired vehicle, and any trailer owned by the insured. While riding her bicycle, Jenkins was struck and killed by an underinsured motorist. Defendant Vincent Rafferty—Jenkins' personal representative—made a claim under Jenkins' policy for UIM property damage arising from damage to the bicycle. USAA Casualty Insurance Company (USAA) denied the claim and commenced this action in federal court, asserting Jenkins' bicycle did not fall within the definition of "your covered auto." Whether USAA prevailed depended upon whether automobile insurers were required to offer UIM property damage coverage at all. If insurers were not required to offer UIM property damage coverage, they were free to restrict such coverage to an insured's "covered auto." The federal court asked the Supreme Court whether, under South Carolina Law, an auto insurer could validly limit underinsured motorist property damage coverage to property damage to vehicles defined in the policy as a “covered auto.” In their briefs and during oral argument, the parties did not directly address the question as framed by the district court. Instead, the parties briefed and argued the broader question of whether an automobile insurer's offer of underinsured motorist (UIM) coverage had to include property damage coverage. Because the answer to the broader question yielded the answer to the certified question, the Supreme Court addressed the parties’ question. USAA rightly conceded that if the Supreme Court held an insurer was required to offer UIM property damage coverage, the Court had to answer the certified question "no." The Court indeed held insurers were required to offer UIM property damage coverage, and therefore answered the certified question "no." View "USAA Casualty v. Rafferty" on Justia Law

The United States Forest Service, together with the Montana Department of Natural Resources and Conservation, managed the rapidly changing fire conditions and actively communicated with the public about the Lolo Peak Fire. After the fire, various affected landowners sued the federal government. They claim that the Forest Service is liable under the Federal Tort Claims Act (“FTCA”) for failing to comply with its duty to consult with them about fire-suppression activities on and near their properties. Specifically, they argued that the Forest Service was required to consult with landowners through individualized—rather than public—communication channels. The district court granted summary judgment for the Forest Service, holding that it lacked subject matter jurisdiction because the property owners’ claims were barred by the discretionary function exception.   The Ninth Circuit affirmed the district court’s summary judgment in favor of the United States. The panel applied the requisite two-step test to determine whether the discretionary function exception applied. First, the panel examined whether there was a federal statute, regulation, or policy that prescribed the Forest Service’s course of action regarding the agency’s communications with the landowners during the Lolo Peak fire in the Bitterroot Mountains in Montana in July 2017. The panel held that the Forest Service’s specific communications with the landowners exceeded the incident decision’s instruction and involved an element of judgment or choice sufficient to satisfy the first step of the discretionary function exception. The panel held that the Forest Service’s decisions about notifying the landowners about fire-suppression activities likely to occur on and near their properties were susceptible to a policy analysis. View "MICHELLE SCHURG, ET AL V. USA" on Justia Law

Plaintiff appealed from a judgment in favor of Defendant City of Los Angeles (the City), in a lawsuit alleging the City knowingly failed to remedy a dangerous condition on public property adjacent to Plaintiff’s place of work, as a result of which Plaintiff contracted typhus. The trial court entered this judgment after sustaining a demurrer on the basis that, under Government Code section 855.4, the City was immune from liability.   The Second Appellate District affirmed the trial court’s ruling finding that the City’s demurrer did not abuse its discretion in denying leave to amend. The court explained that Plaintiff has not proffered any facts she could allege, based on which her complaint would no longer describe injury “resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community” that was “the result of the exercise of discretion vested in the public entity or the public employee.” Rather, her arguments that no exercise of discretion occurred are grounded in a definition of “exercise of discretion,” which the court concluded is inapplicable here. Further, the court reasoned that because it concluded that the SAC sufficiently alleges immunity under section 855.4, subdivision (a), additional allegations Plaintiff represents she could add establishing that the City acted without due care as required by section 855.4, subdivision (b) would not defeat such immunity. View "Greenwood v. City of L.A." on Justia Law

In 2002, plaintiffs M.D. Doe, A.J. Doe, and S. Doe (together, plaintiffs) sued defendant Marysville Joint Unified School District (the District) and at least one District employee, alleging their school counselor sexually abused them. The trial court entered judgment in favor of the District after finding that plaintiffs failed to timely file a government claim before filing their complaint. The Court of Appeal affirmed the judgment on appeal, and the California Supreme Court denied review. In 2019, the California Legislature passed Assembly Bill No. 218 (2019-2020 Reg. Sess.), which amended Code of Civil Procedure section 340.1 to extend the statute of limitations for victims bringing childhood claims of sexual assault. Thereafter, plaintiffs filed this action against the District and certain individuals predicated on the same set of facts as their 2002 suit. The trial court sustained the District’s demurrer without leave to amend as to plaintiffs, finding that the prior dismissal was res judicata, and that allowing section 340.1 to reopen a final judgment would run afoul of constitutional separation of powers principles. Plaintiffs appealed, arguing the trial court erred because their prior claims were not “litigated to finality” within the meaning of section 340.1 and could therefore be revived, and because dismissing plaintiffs’ claims violated equal protection. Finding no reversible error in the trial court's judgment, the Court of Appeal affirmed dismissal. View "Doe v. Marysville Joint Unified School Dist." on Justia Law

Plaintiff sued Advance Auto Parts, claiming unlawful discrimination under 42 U.S.C. Section 1981, assault, and intentional infliction of emotional distress. The district court granted Advance Auto’s motion for summary judgment.   The Eighth Circuit affirmed. The court reasoned that here, unlike Green v. Dillard’s Inc., there is no genuine dispute whether Advance Auto acted negligently or recklessly under Section 213. As for Section 213(a), Plaintiff does not allege that Advance Auto made improper orders or regulations. It had a written policy prohibiting discrimination based on any protected status; all employees had to read and familiarize themselves with this policy and complete annual training. The court further explained that Advance Auto is not liable under Section 1981 for discrimination based on its employee’s conduct. Plaintiff’s claims for assault and intentional infliction of emotional distress fail under respondeat superior and ratification. View "Nicolas Tashman v. Advance Auto Parts, Inc." on Justia Law

The Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of Defendant in this personal injury action, holding that Plaintiff failed to establish the existence of a legal duty on the part of Defendant.Plaintiff purchased fish at Defendant's supermarket and allegedly became ill after he ate the fish. Plaintiff brought this negligence action alleging that Defendant breached its alleged duty to him to "process, prepare, cook and sell food free from unreasonably dangerous defects." The hearing justice granted summary judgment for Defendant. The Supreme Court affirmed, holding (1) there was no error in the hearing justice's ruling as regarding Defendant's duty; and (2) the hearing justice did not commit reversible error by denying Plaintiff's motion invoking Rule 56(f) of the Superior Court Rules of Civil Procedure. View "Meeks v. Stop & Shop Supermarket Co., LLC" on Justia Law

This case arose from a car accident in which respondenr Miriam Gonzalez Carmona ran a red light and hit petitioner Kylie Hanson’s car. At the time, Carmona was driving home from an out of town work training, driving a car owned by her employer, Southeast Washington Office of Aging and Long Term Care (SEW ALTC). Hanson filed a complaint against Carmona individually and the SEW ALTC Advisory Council (Advisory Council), under a theory of vicarious liability alleging Carmona was acting within the scope of her employment at the time of the accident. The Advisory Council and Carmona moved for summary judgment because Hanson did not comply with RCW 4.96.020(4)’s presuit notice requirement to sue a government entity or its employees for tortious conduct and the statute of limitations had run. Hanson then amended her complaint to remove all references to the Advisory Council and the allegations that Carmona was acting in the scope of employment. The trial court granted summary judgment in favor of the Advisory Council, but it allowed the case to proceed forward against Carmona in her individual capacity. The Court of Appeals reversed. After review, the Washington Supreme Court affirmed the Court of Appeals, but on different grounds. The Supreme Court held that RCW 4.96.020(4) applied when an employee is acting within the scope of employment but is sued in their individual capacity. "The plain language of the statute encompasses acts within the scope of employment and the government entity, not the employee, is bound by any judgment, even if not technically sued. Accordingly, the legislature can require presuit notices for employee acts committed within the scope of employment." View "Hanson v. Carmona" on Justia Law

Plaintiff filed suit against Homolka, Homolka P.A., Watts Guerra, and Watts, alleging he is owed (1) $10,000 per month as leasing payments from October 2015, the first month he stopped receiving payments, until the September 2017 settlement; (2) a promised $50,000 truck reimbursement; and (3) a $3.4 million bonus. The jury returned a unanimous verdict for Plaintiff, finding that Homolka breached the oral contract, acting as an agent of Homolka P.A. and Watts Guerra. The jury awarded $175,000 in compensatory damages with no prejudgment interest. The district court denied Watts Guerra’s renewed motion for judgment as a matter of law and Plaintiff’s motion for a new trial. Watts Guerra and Plaintiff cross-appealed these rulings.   The Eighth Circuit affirmed. The court held that it agreed with the district court that the jury reasonably found Watts Guerra liable on an ostensible agency theory for Homolka’s breaches of the contract underlying the jury’s award of $175,000 in compensatory damages. The court reasoned that in considering these issues, “we start with the assumption jurors fulfilled their obligation to decide the case correctly,” and “we defer second to the trial court, which has a far better sense of what the jury likely was thinking and also whether there is any injustice in allowing the verdict to stand.” Applying these deferential standards, the court wrote that it has no difficulty concluding the district court did not abuse its discretion in denying Plaintiff’s motion for a new trial. The jury verdict awarding $175,000 compensatory damages was neither inadequate nor the product of an inappropriate compromise. View "Lowell Lundstrom, Jr. v. Watts Guerra LLP" on Justia Law