Justia Injury Law Opinion Summaries

In September 2015, Josh Brewer suffered a work-related injury while employed by Tectum Holdings, Inc. d/b/a Truxedo. Brewer filed a workers' compensation claim for permanent total disability (PTD) benefits, which was denied by his employer and their insurer, Berkshire Hathaway. Brewer's claim was initially denied by an administrative law judge (ALJ) and subsequently by the Department of Labor (Department), which found that Brewer did not prove his work-related injury was a major contributing cause of his current condition and ongoing need for treatment. Brewer appealed the Department's decision to the circuit court, which affirmed the Department's ruling. Brewer then appealed to the Supreme Court of South Dakota.The Supreme Court of South Dakota reviewed the case de novo, focusing on the documentary evidence and expert testimonies. The court found that Brewer's treating physician, Dr. Rothrock, provided a more credible causation opinion than the employer's expert, Dr. Jensen. Dr. Rothrock opined that Brewer's work injury was a major contributing cause of his current condition and need for treatment, based on his personal treatment of Brewer and the results of various diagnostic tests. The court concluded that Brewer met his burden of proving causation and reversed the Department's determination on this issue.Regarding Brewer's claim for PTD benefits, the court reviewed the ALJ's findings for clear error. The court found that Brewer did not establish obvious unemployability due to his physical condition, age, training, and experience. Additionally, Brewer's job search efforts were deemed unreasonable, as he did not follow application instructions and highlighted his physical limitations on his résumé. The court also noted that the employer presented sufficient evidence of suitable employment opportunities available to Brewer within his limitations. Consequently, the court affirmed the Department's denial of PTD benefits.The Supreme Court of South Dakota affirmed in part and reversed in part, remanding the case for further proceedings consistent with its opinion. View "Brewer v. Tectum Holdings" on Justia Law

On Thanksgiving night in 2018, Officer David Alexander, a policeman with the City of Hoover, was on foot patrol at the Galleria Mall in Birmingham, Alabama. During a suspected active shooting situation, Officer Alexander saw Emantic "E.J." Fitzgerald Bradford moving towards two men with a gun in his hand. Without issuing a verbal warning, Officer Alexander shot and killed Mr. Bradford, who was legally authorized to carry his gun and was attempting to provide assistance.April Pipkins, Mr. Bradford's mother and representative of his estate, filed a lawsuit against Officer Alexander, the City of Hoover, and other defendants, asserting Fourth Amendment claims under 42 U.S.C. § 1983 and state law claims for negligence and wantonness. The United States District Court for the Northern District of Alabama dismissed the state law claims and granted summary judgment on the § 1983 claims, ruling that Officer Alexander's use of deadly force was reasonable under the Fourth Amendment and that a verbal warning was not feasible under the circumstances.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court's decisions. The court held that Officer Alexander acted reasonably under the Fourth Amendment given the circumstances, which included a crowded mall, the sound of gunshots, and Mr. Bradford running with a gun towards two men. The court also found that a verbal warning was not feasible due to the immediate threat perceived by Officer Alexander. Additionally, the court upheld the dismissal of the state law claims, concluding that the Mall defendants did not owe a duty to protect Mr. Bradford from the criminal acts of a third party and that the complaint did not plausibly allege foreseeability or incompetency in hiring, training, and supervising Officer Alexander. View "Pipkins v. City of Hoover, Alabama" on Justia Law

In 1993, 11-year-old Michael Nellenback was placed in the care of Madison County's Department of Social Services (DSS) and assigned to caseworker Karl Hoch. Over the next three years, Hoch sexually abused Nellenback. Hoch was later convicted of various sex crimes and died in prison in 2001. In 2019, Nellenback filed a lawsuit against Madison County under the Child Victims Act, alleging negligent hiring, supervision, and retention of Hoch.The Supreme Court granted Madison County's motion for summary judgment, dismissing the complaint. The court found that the County lacked actual or constructive knowledge of Hoch's propensities for abuse and that no further investigation or supervision would have uncovered the abuse. The Appellate Division affirmed the decision, with two Justices dissenting, arguing that there were triable issues of fact regarding the County's liability for negligent supervision.The New York Court of Appeals reviewed the case and affirmed the lower courts' decisions. The Court held that Nellenback failed to raise a triable issue of fact on his negligent supervision claim. The evidence did not show that the County had actual or constructive knowledge of Hoch's propensity for abuse. The Court found that the absence of records documenting Hoch's interactions with Nellenback was not sufficient to establish a triable issue, as the records were routinely destroyed after a certain period. Additionally, the Court noted that the primary role of caseworkers was to transport children, and it was speculative to suggest that increased review of records would have put the County on notice of the abuse. Thus, the Court concluded that Nellenback's claim could not withstand summary judgment. View "Nellenback v Madison County" on Justia Law

Rebecca Flanders, a postal carrier, was bitten by a dog owned by Stephen and Michelle Goodfellow while delivering a package to their residence. Flanders filed a lawsuit seeking damages for her injuries, asserting claims of strict liability and negligence. The dog had previously exhibited aggressive behavior, including growling, barking, and slamming into windows when postal workers approached the house. Despite this, the Goodfellows claimed they were unaware of the dog's vicious propensities.The Supreme Court granted summary judgment in favor of the Goodfellows, dismissing both claims. The court found no triable issue of fact regarding the Goodfellows' knowledge of the dog's vicious propensities, which is necessary for strict liability. The negligence claim was dismissed based on precedent from Bard v Jahnke, which barred negligence liability for harm caused by domestic animals. The Appellate Division affirmed the decision, agreeing that Flanders failed to raise a factual dispute requiring a trial.The New York Court of Appeals reviewed the case and concluded that there was a triable issue of fact regarding the Goodfellows' constructive knowledge of their dog's aggressive behavior, thus reinstating the strict liability claim. The court also overruled Bard to the extent that it barred negligence liability for harm caused by domestic animals, recognizing that this rule was inconsistent with ordinary tort principles and had proven unworkable. Consequently, the court reinstated Flanders's negligence claim and reversed the Appellate Division's order, denying the Goodfellows' motion for summary judgment. View "Flanders v Goodfellow" on Justia Law

Jobie Howard, an electrician for Arch Coal, Inc., suffered severe injuries from an electrical explosion in May 2010, resulting in multiple burns, visual impairment, and other physical issues. He received a total of 57% in permanent partial disability (PPD) awards and applied for a permanent total disability (PTD) award in 2015. The Workers’ Compensation Board of Review determined in November 2022 that Howard met the 50% whole person impairment (WPI) threshold required for a PTD award, combining impairment ratings from two physicians using the Combined Values Chart from the AMA Guides.The claim administrator initially denied Howard’s PTD application in October 2020, but Howard protested, leading to a review by the Board of Review. The Board found the reports of Dr. Michael A. Krasnow and Dr. Jitander S. Dudee reliable for visual impairment and Dr. David L. Soulsby reliable for orthopedic and dermatological impairment. The Board combined Dr. Dudee’s 27% WPI rating for the eye and Dr. Soulsby’s 39% WPI rating for other injuries, resulting in a total WPI of 55%.Arch Coal appealed to the Intermediate Court of Appeals (ICA), arguing that the Board improperly combined impairment ratings from different physicians. The ICA affirmed the Board’s decision, reasoning that it was reasonable to combine the ratings since no single physician could rate all of Howard’s impairments.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the ICA’s decision. The court held that the Board acted within its discretion by combining valid impairment ratings from different physicians and using the Combined Values Chart to determine Howard’s total WPI. The court found no error in the Board’s decision to grant Howard a PTD award based on a combined WPI of 55%. View "Arch Coal, Inc., v. Howard" on Justia Law

David Katleski, an experienced golfer, was struck by an errant golf ball while participating in a tournament at Cazenovia Golf Club. The accident occurred during a "shotgun start" tournament, where players tee off simultaneously from different holes. Katleski was hit while searching for a ball on the seventh fairway by a ball hit from the third hole. He sued the golf club, alleging negligent design and operation of the course, particularly the placement of tee box A on the third hole.The Supreme Court denied the club's motion for summary judgment, finding a triable issue of fact regarding whether the course's design unreasonably enhanced the risk. The Appellate Division reversed, granting summary judgment to the club, emphasizing Katleski's experience and awareness of the course layout. The court found no evidence that the course design exposed Katleski to risks beyond those inherent in golf. Katleski appealed to the Court of Appeals.The New York Court of Appeals affirmed the Appellate Division's decision, holding that the primary assumption of risk doctrine precluded Katleski's negligence claim. The court found that being struck by a mishit golf ball is an inherent risk of the sport, and there was no evidence that the course design unreasonably enhanced this risk.Mary Galante was injured in a separate incident at Elma Meadows Golf Course when she collided with a car while driving a golf cart in the parking lot. The Appellate Division denied her motion to strike the County's primary assumption of risk defense and granted summary judgment to the County. The Court of Appeals reversed, holding that the primary assumption of risk doctrine did not apply as Galante was not participating in a protected athletic or recreational activity at the time of her injury. The case was remitted to the Appellate Division for further consideration. View "Katleski v Cazenovia Golf Club, Inc." on Justia Law

Plaintiffs alleged that an automobile manufacturer designed, manufactured, and sold defective vehicles, specifically Dodge "muscle" cars with defective rear differentials. They filed a complaint asserting state and federal causes of action based on fraud and breach of warranty. The District Court dismissed the fraud counts and some warranty counts, allowing plaintiffs to amend their complaint. After amending, the District Court dismissed the fraud counts again and some warranty counts, but allowed two warranty counts to proceed.The United States District Court for the District of Delaware initially dismissed the complaint without prejudice, allowing plaintiffs to amend it. After the plaintiffs amended their complaint, the District Court dismissed the fraud counts and some warranty counts with prejudice, but allowed two warranty counts to proceed. The plaintiffs then moved to certify the dismissal of their fraud counts for appeal under 28 U.S.C. § 1292(b) or for final judgment under Rule 54(b). The District Court denied the request for certification under § 1292(b) but granted the request for final judgment under Rule 54(b) for the fraud counts.The United States Court of Appeals for the Third Circuit reviewed the case and determined that the District Court's Rule 54(b) judgment was not final. The Court of Appeals held that the fraud and warranty counts constituted a single claim for purposes of Rule 54(b) because they were alternative theories of recovery based on the same factual situation. As a result, the judgment did not dispose of all the rights or liabilities of one or more of the parties. Consequently, the Court of Appeals dismissed the appeal for lack of jurisdiction and instructed the District Court to vacate its order directing the entry of a partial final judgment. View "Diaz v. FCA US LLC" on Justia Law

An inmate at the Hancock County Jail, Monica J. Johnson, died by suicide after being incarcerated from September 21 to September 29, 2018. Her estate and surviving spouse filed a medical malpractice notice of claim against Hancock County and several county officials and employees, alleging negligence in her care. The County and its employees, along with Jail Housing Officer Kayla Dumond, appealed the Superior Court's denial of their motions for summary judgment.The Superior Court (Penobscot County) denied the motions for summary judgment, determining that it lacked jurisdiction to decide whether the Maine Health Security Act (MHSA) applied to the defendants and that the defendants had not demonstrated immunity under the Maine Tort Claims Act (MTCA). The Maine Supreme Judicial Court reviewed the interlocutory appeal.The court concluded that the issue of whether the defendants are "health care providers" under the MHSA is not immediately appealable. Additionally, the court decided to defer to the federal court on the issue of immunity under the MTCA, as the federal court is handling a related case involving the same parties and facts. Consequently, the appeal was dismissed, allowing the MHSA screening process to proceed, with the understanding that the federal court will continue with the litigation once the screening process is completed. View "Carney v. Hancock County" on Justia Law

Germaine Coulter was found guilty of child sex trafficking and conspiracy to commit child sex trafficking, resulting in a 360-month imprisonment sentence. The district court ordered Coulter to pay $386,000 in restitution to two victims. Coulter appealed, arguing that the government failed to prove he was the but-for cause of the victims' injuries and that the restitution amount was unsupported by evidence.The United States District Court for the Western District of Oklahoma initially handled the case, where Coulter was convicted by a jury on two counts. He appealed his conviction and sentence, but the Tenth Circuit Court of Appeals affirmed both. Following the appeal, the government sought restitution, and the district court awarded $198,000 for Doe 1 and $188,000 for Doe 2, covering ten years of therapy, psychiatric treatment, and medication. The court rejected the government's request for lifetime treatment costs and lost wages, finding them speculative.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that the government met its burden of proving Coulter was the but-for cause of the victims' injuries, as the expert testimony established a direct link between the victims' symptoms and the sex trafficking. The court also found no abuse of discretion in the district court's decision to limit the restitution to ten years, as it was a reasonable projection based on the evidence presented. The Tenth Circuit affirmed the district court's restitution award. View "United States v. Coulter" on Justia Law

David Katleski, an experienced golfer, was struck by an errant golf ball while competing in a tournament at Cazenovia Golf Club. The accident occurred during a "shotgun start" tournament, where players tee off simultaneously from different holes. Katleski was hit in the eye by a ball from another player teeing off from a nearby hole. He filed a negligence action against the golf club, claiming the course was negligently designed and operated, particularly pointing to the placement of a tee box that increased the risk of such accidents.The Supreme Court denied the golf club's motion for summary judgment, finding that there was a triable issue of fact regarding whether the course's design unreasonably enhanced the risk of being struck by a golf ball. However, the Appellate Division reversed this decision, granting summary judgment to the golf club. The court emphasized Katleski's experience and awareness of the course layout, concluding that the design did not expose him to risks beyond those inherent in the sport of golf. Katleski appealed to the Court of Appeals.The New York Court of Appeals affirmed the Appellate Division's decision, holding that the primary assumption of risk doctrine precluded Katleski's negligence claim. The court found that being struck by a mishit golf ball is an inherent risk of the game, and there was no evidence that the course's design unreasonably enhanced this risk.In a related case, Mary Galante was injured in a parking lot at a golf course before she began playing. The Appellate Division had applied the primary assumption of risk doctrine to dismiss her claim. However, the Court of Appeals reversed this decision, holding that the doctrine did not apply because Galante was not participating in a protected athletic or recreational activity at the time of her injury. The case was remitted for further proceedings. View "Katleski v Cazenovia Golf Club, Inc." on Justia Law