Justia Injury Law Opinion Summaries

The Supreme Court reversed the order of the district court dismissing Plaintiff's complaint for failure to attach an affidavit of merit after concluding that her allegations sounded in professional negligence, holding that remand for further proceedings was required.At issue in this case was the relationship between Nevada's professional negligence statutes, Nev. Rev. Stat. Ch. 41A, and Nevada's elder abuse statute, Nev. Rev. Stat. 41.1395, and the statutes' application to claims against skilled nursing home facilities. The district court concluded that Plaintiff's allegations sounded in professional negligence, which claims require Plaintiffs to include an affidavit of merit as part of their complaint, and then dismissed the complaint for failure to attach such an affidavit. The Supreme Court reversed, holding (1) on the face of Plaintiff's complaint it was unclear whether the gravamen of her claims sounded in professional negligence rather than elder abuse; and (2) remand was required for further factual development before such a determination can be reached. View "Yafchak v. South Las Vegas Medical Investors, LLC" on Justia Law

The Court of Appeals reversed the order of the appellate division and reinstated the original award for workers' compensation benefits in this case to the decedent's minor son, holding that N.Y. Work. Comp. Law (WCL) 15(3)(w) does not provide for any unaccrued portion of a nonschedule award to remain payable following an injured employee's death.After he sustained an injury in a work-related accident Eric Watson was classified as having a nonscheduled permanent partial disability and received a weekly award for 350 weeks. After 311 weeks Watson died due to unrelated causes. Claimant, Watson's son, sought accrued unpaid amounts of Watson's award, including benefits for the weeks remaining before Watson's award was expected to reach the statutory durational cap. A workers' compensation law judge award unpaid amounts for the 311 weeks precedent Watson's death but denied Claimant the award for the remaining weeks. The Workers' compensation Board affirmed. The appellate division modified the award by ruling that Claimant was entitled to an additional posthumous award for the remaining cap weeks. The Court of Appeals reversed, holding that WCL 15(3)(w) does not provide for any unaccrued portion of a nonscheduled award to remain payable following an injured employee's death. View "Green v. Dutchess County BOCES" on Justia Law

Plaintiffs sued Nissan, alleging the transmission in a 2013 Nissan Sentra they purchased was defective, bringing statutory claims under the Song-Beverly Consumer Warranty Act (Civ. Code 1790) and a common law fraud claim alleging that Nissan, by fraudulently concealing the defects, induced them to purchase the car. The trial court dismissed the fraudulent inducement claim as barred by the “economic loss rule.” The court also struck the plaintiffs’ request for punitive damages.The court of appeal reversed. Under California law, the economic loss rule does not bar the fraudulent inducement claim. The fraudulent inducement exception to the economic loss rule applies; fraudulent inducement is a viable tort claim under California law. The plaintiffs adequately pleaded that the transmissions installed in numerous Nissan vehicles (including the one they purchased) were defective; Nissan knew of the defects and the hazards they posed; Nissan had exclusive knowledge of the defects but intentionally concealed and failed to disclose that information; Nissan intended to deceive plaintiffs by concealing known transmission problems; plaintiffs would not have purchased the car if they had known of the defects; and plaintiffs suffered damages in the form of money paid to purchase the car. View "Dhital v. Nissan North America, Inc." on Justia Law

Plaintiff-appellant Chad Defries suffered injuries while riding a Yamaha dirt bike. He sued the U.S. distributor of that dirt bike, defendant-respondent Yamaha Motor Corporation, U.S.A. (Yamaha), among others, asserting that the accident was caused by a throttle assembly that fell off the handlebar as he was riding. The jury found in Yamaha’s favor, and the trial court later awarded Yamaha costs. On appeal, Defries contended, among other things, that the trial court erroneously denied his request to instruct the jury that Yamaha was liable for its dealer’s negligent assembly of the dirt bike, a ruling that limited Defries’s negligence cause of action to Yamaha’s own negligence. The Court of Appeal found that California law, however, placed “responsibility for defects, whether negligently or nonnegligently caused, on the manufacturer of the completed product . . . regardless of what part of the manufacturing process the manufacturer chooses to delegate to third parties.” The same principle applied to distributors. And as the distributor of a completed product, Yamaha “cannot delegate its duty . . . [and thus] cannot escape liability on the ground that the defect in [Defries’s bike] may have been caused by something one of its authorized dealers did or failed to do.” If the dealer negligently assembled the product, Yamaha was jointly liable for damages caused by that negligence. Because the requested instruction should have been given, the Court of Appeal reversed the judgment on the negligence cause of action, and affirmed in all other respects. View "Defries v. Yamaha Motor Corporation, U.S.A." on Justia Law

Plaintiff petitioned for a writ of mandamus directing the district court to remand this removed action to state court for want of federal-court jurisdiction. This matter arises from a traffic collision. Plaintiff is a citizen of Louisiana, as is the driver of the other vehicle, Defendant. At the time of removal by diverse Defendant Zurich American Insurance Company (“Zurich”), neither Defendant nor defendant Dynamic Energy Services International, LLC, had been served. Plaintiff initiated an action in Louisiana state court against the three defendants. According to Zurich, it could remove to federal court because the driver—a citizen of the forum state—had not yet been served.   The Fifth Circuit denied the petition for writ of mandate. The court explained that because the only basis for removal, in this case, was diversity jurisdiction, and complete diversity is lacking, The court explained that the district court must dismiss want of jurisdiction. the critical distinction is whether diversity is complete. In that regard, Plaintiff, in his mandamus petition, correctly posits that “Texas Brine is consistent with Deshotel,” based on the fact that “[i]n Texas Brine, unlike [Plaintiff], diversity was complete. Had the Texas plaintiff wanted, it could have filed its case originally in federal court. Plaintiff by contrast, could not have done so.” View "In Re: Calvin Levy" on Justia Law

In 2015, defendant Dezarae Fillmyer, who coached the Hightstown High School girls’ field hockey team, instructed players to warm up in an area adjacent to the school’s turf field, where the boys’ soccer team was practicing. Plaintiff Morgan Dennehy, a member of the field hockey team, was struck at the base of her skull by an errant soccer ball, allegedly causing the injuries of which she complained in a lawsuit she filed against Fillmyer, the school, and others. The trial court granted summary judgment in favor of defendants, holding that plaintiff was required to show defendants’ acts or omissions rose at least to the degree of recklessness described in Crawn v. Campo, 136 N.J. 494, 507-08 (1994), and Schick v. Ferolito, 167 N.J. 7, 18-20 (2001). The Appellate Division reversed, holding that a simple negligence standard applied. The New Jersey Supreme Court held the coach’s acts and omissions alleged here were governed by a simple negligence standard rather than the heightened standard of recklessness the trial court applied when one participant injures another during a recreational activity. The Appellate Division was affirmed and the matter remanded to the trial court for further proceedings. View "Dennehy v. East Windsor Regional Board of Education" on Justia Law

Plaintiffs K.M., H.R., and M.L. sued the Grossmont Union High School District (the District) for negligence based on alleged sexual abuse by their high school drama teacher, James Chatham. They also asserted sexual harassment claims under California Civil Code section 51.9, to which the District successfully demurred. The District made Code of Civil Procedure section 998 offers, which Plaintiffs did not accept. The case proceeded to a jury trial, where the trial court excluded certain evidence and mistakenly included Plaintiffs in an oral jury instruction regarding apportionment of fault. Plaintiffs prevailed, and the jury assigned 60 percent of fault to Chatham, and 40 percent to the District, with resulting damage awards lower than the section 998 offers. The parties moved to tax each other’s costs. The trial court ruled the offers were invalid, granted Plaintiffs’ motion, and denied the District’s motion in pertinent part. Both parties appealed. The California Legislature later enacted Assembly Bill No. 218 which amended Code of Civil Procedure section 340.1, to reduce procedural barriers for childhood sexual abuse claims, and to allow treble damages for a claim involving a prior cover- up of abuse. Plaintiffs sought a new trial, contending they were entitled to pursue treble damages, and that the trial court erred by sustaining the demurrers to their sexual harassment claims, excluding certain evidence, and giving the erroneous oral jury instruction. The District argued the trial court wrongly determined its Code of Civil Procedure section 998 offers were invalid. The Court of Appeal concluded the treble damages provision in Code of Civil Procedure section 340.1 was neither retroactive, nor applicable to public school districts. The Court further concluded Plaintiffs did not establish they could pursue sexual harassment claims against the District under Civil Code section 51.9. The parties do not establish reversible error on the other asserted grounds, either. Therefore, the Court affirmed the trial court's judgment and postjudgment orders. View "K.M. v. Grossmont Union High School Dist." on Justia Law

Michael Galier brought a negligence and products liability action against Defendant-Appellant Murco Wall Products, Inc., a Texas manufacturer. Galier alleged exposure to Murco's products caused him to contract mesothelioma. The Oklahoma County District Court denied Murco's motion to dismiss for lack of personal jurisdiction and, following a jury trial, granted judgment to Galier. The Court of Civil Appeals affirmed. The Oklahoma Supreme Court denied certiorari. The United States Supreme Court granted certiorari, vacated the Court of Civil Appeals' decision, and remanded for reconsideration in light of Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 137 S. Ct. 1773 (2017). The Court of Civil Appeals reaffirmed the district court. The Oklahoma Supreme Court previously granted certiorari to address whether the Court of Civil Appeals properly found that Oklahoma possesses specific personal jurisdiction over Murco, and determined that it did: " 'relationship among the defendant, the forum, and the litigation' "--supported specific jurisdiction. View "Galier v. Marco Wall Products" on Justia Law

Appellee Andrea Milne dated Appellant Howard Hudson. During an argument, Hudson became violent with Milne. Milne sought a civil protection order from the McIntosh County district court, as the couple dated in in Eufaula, Oklahoma. She stated in her application, and testified at a hearing, that Hudson first attacked her in a car, slamming her head into the dashboard. When they got to her house, he hit her and threw her across her yard. Finally, he pushed his way into her house, grabbed some of his belongings, and struck her in front of her children. When the children came to her aid, he absconded, but returned later and threatened to burn the house down. Milne testified that after the afternoon of violent acts, he stalked her at home, around town, and at her workplace. This application and testimony, though not tested by investigation or cross-examination, "were certainly enough to justify an order of protection." Hudson objected, claiming that the district court had no jurisdiction to enter the eventual order. Hudson argued that because McIntosh County was within the boundaries of the Muscogee Reservation, Milne was a member of the Muscogee Nation, and Hudson was a member of the Cherokee Nation, the McIntosh District Court had no jurisdiction to enter a civil protective order against him. The trial court denied the objection and entered the civil protection order. The Oklahoma Supreme Court affirmed the trial court's decision. View "Milne v. Hudson" on Justia Law

After an alleged collision with a mail vehicle, Plaintiff submitted a claim to the U.S. Postal Service under the Federal Tort Claims Act (“FTCA”), seeking about $15,000 for damage to his truck. The postal service denied his claim because Plaintiff’s insurance covered it. Under the FTCA, this triggered a six-month window in which Plaintiff could either seek reconsideration or sue. He did neither. Instead, over eight months later, Plaintiff filed a second claim with the postal service, now seeking $2 million for back injuries from the same incident. The district court dismissed his suit as time-barred and the Fifth Circuit affirmed.   The court explained that Plaintiff’s first SF-95 presented his entire claim based on the November 14, 2019, accident. This claim could have been amended to include personal injury damages or appealed—all consistent with the procedures outlined in the FTCA. When the USPS denied that claim on March 26, 2020, the six-month clock started running, and it stopped ticking on September 26, 2020. During that time, Plaintiff neither sought reconsideration nor filed suit. Accordingly, the district court correctly ruled that Plaintiff’s action is untimely and his claim is, therefore “forever barred.” View "Broussard v. USA" on Justia Law