Justia Injury Law Opinion Summaries

The Supreme Court affirmed the trial court's grant of summary judgment for Defendant in this personal injury case, holding that the trial court did not err.Plaintiffs were shopping for a sink in Menard, Inc. when a box containing a sink came apart and the sink fell on one of the plaintiffs, causing him injuries. Plaintiffs sued Defendant for damages, alleging premises liability and a loss of consortium. The trial court granted summary judgment for Defendant. The Supreme Court affirmed, holding (1) Plaintiffs did not meet their burden on their premises liability claim; and (2) Plaintiffs' res ipsa loquitur claim failed. View "Griffin v. Menard Inc." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus compelling the Ohio Industrial Commission to vacate its orders rejecting a proposed settlement between Employee and Employer, holding that the court of appeals correctly denied the writ.Employee suffered a work-related injury, and his workers' compensation claim was allowed. Employee applied for an award of additional compensation due to Employer's alleged violation of specific safety requirements (VSSRs). Employer and Employee subsequently submitted a proposed settlement for approval by the Commission. A staff hearing officer rejected the settlement as neither fair nor equitable and then granted Employee's request for a VSSR award. Employer sought a writ of mandamus compelling the Commission to vacate its orders and approve the settlement, but the court of appeals denied the writ. The Supreme Court affirmed, holding that Employer's three propositions of law are rejected. View "State ex rel. Zarbana Industries, Inc. v. Industrial Commission" on Justia Law

Plaintiff filed suit alleging that neoprene production from the Pontchartrain Works Facility (PWF) exposed residents of St. John the Baptist Parish, Louisiana, to unsafe levels of chloroprene. Plaintiff filed suit against Denka and DuPont—the current and former owners of the facility—as well as the DOH and DEQ in state court. After removal to federal court, the district court denied plaintiff's motion to remand, granted each defendants' motion to dismiss, and dismissed the amended petition for failure to state a claim.After determining that removal was proper under the Class Action Fairness Act (CAFA) and that the state agencies have consented to federal jurisdiction, the Fifth Circuit concluded that the equitable doctrine of contra non velentem tolls prescription of plaintiff's claims against DuPont and DOH. Consistent with Louisiana's contra non valentem analysis as to what plaintiff reasonably knew or should have known at the time, the court disagreed that, on the record before it, plaintiff had constructive knowledge sufficient to trigger the running of prescription over a year before she filed suit in June 2018. Therefore, the court reversed the district court's holding that plaintiff's claims were prescribed.The court concluded that plaintiff's custodial liability claims against DuPont fail for the same reason as her claims against Denka: a failure to state a plausible duty and corresponding breach. The court agreed with the district court's grant of Denka's motion to dismiss for failure to state a plausible claim of negligence and strict custodial liability arising from Denka's past and current neoprene manufacturing at the PWF. In this case, plaintiff fails to adequately allege a duty owed by Denka, and consequently whether Denka breached such a duty. Finally, the court affirmed the district court's dismissal of plaintiff's declaratory relief claims against DEQ. The court remanded for further proceedings. View "Butler v. Denka Performance Elastomer, LLC" on Justia Law

The Supreme Court reversed the decision of the Workers' Compensation Court of Appeals (WCCA) upholding a compensation judge's order requiring Employer to reimburse Employee for medical cannabis, holding that the WCCA erred.Employee was injured while working for Employer. After multiple rounds of medical intervention proved to be unsuccessful, Employee's doctor certified her for participation in the state's medical cannabis program. Employee sought reimbursement for the cost of the cannabis from Employer. Employer asserted in response that the federal prohibition in the federal Controlled Substances Act (CSA), 21 U.S.C. 801-971, on the possession of cannabis preempted the requirement under Minnesota law that an employer pay for an injured employee's medical treatment when that treatment is medical cannabis. The WCCA declined to address the preemption argument and upheld the compensation judge's order. The Supreme Court reversed, holding (1) the WCCA lacked subject matter jurisdiction to determine the preemption issue; and (2) the CSA preempted the compensation court's order mandating Employer to pay for Employee's medical cannabis. View "Musta v. Mendota Heights Dental Center & Hartford Insurance Group" on Justia Law

Plaintiff-appellant Kevin McGrath challenged a superior court’s decision granting summary judgment to appellee Progressive Northern Insurance Company. Specifically, he argued the court erred in concluding that he was not “occupying” a vehicle, as that term is defined in the insurance policy at issue, when he was struck and injured by an underinsured motorist. Plaintiff was driving the vehicle’s owner in the owner’s vehicle to the airport. Plaintiff stopped at a gas station/convenience store on the way; he got out to pump gas and paid for it at the pump. The owner went inside the store for coffee. As the two returned to the car, but before they got inside, a pickup truck struck both plaintiff and the owner. Plaintiff filed for underinsured motorist benefits with the owner’s insurance company, Progressive, asserting he qualified for coverage under the terms of the policy. Progressive denied the claim, contending Plaintiff was not operating or occupying the car at the time of the accident. Plaintiff sued for a declaratory judgment on stipulated facts and no discovery. Summary judgment was entered in favor of the insurer. The Vermont Supreme Court affirmed, finding that while Plaintiff intended to enter the car, he did not, thus he did not occupy it under the terms of the policy at issue. View "Progressive Northern Insurance Company v. McGrath" on Justia Law

The Supreme Court answered in the negative a question certified to it by the Fourth District Court of Appeal, holding that it is not a departure from the essential requirements of law to permit discovery regarding the financial relationship between a defendant's nonparty insurer and an expert witness retained by the defense.This case involved a discovery dispute in an automobile negligence action. Plaintiff sought to discover from Defendant the financial relationship between Defendant's nonparty insurer and his expert witness. Defendant was ordered to provide the discovery. Defendant then filed a petition for writ of certiorari. The Fourth District denied the writ but certified a question to the Supreme Court. The Supreme Court answered the question in the negative, thus approving the result reached by the Fourth District, and declined to readdress its holding or analysis adopted in Worley v. Central Florida Young Men's Christian Ass'n, 228 So. 3d 18 (Fla. 2017). View "Dodgen v. Grijalva" on Justia Law

The Supreme Court answered in the negative a question certified to it by the Fourth District Court of Appeal, holding that it is not a departure from the essential requirements of law to permit discovery regarding the financial relationship between a defendant's nonparty insurer and an expert witness retained by the defense.In this automobile negligence case, the district court passed upon a question that it certified to be of great public importance regarding whether the Supreme Court's decision in Worley v. Central Florida Young Men's Christian Ass'n, 228 S. 3d 18 (Fla. 2017), forecloses discovery of the financial relationship between a personal injury defendant's nonparty law firm and the defendant's expert witnesses. The Supreme Court answered the question in the negative, thus approving the result reached by the Fourth District, and declined to readdress its holding or analysis adopted in Worley v. Central Florida Young Men's Christian Ass'n, 228 So. 3d 18 (Fla. 2017). View "Younkin v. Blackwelder" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing Petitioners' amended complaint against iTech AG, LLC and Robbins Law Group, PLLC (collectively, Appellees) alleging malicious abuse of process, slander of title, tortious interference with contractual relations, and civil conspiracy arising out of the filing of a lis pendens, holding that the circuit court erred in sustaining Appellees' demurrers.In their demurrers to Petitioners' complaint, Appellees argued that the filing of a lis pendens is entitle to absolute privilege and that the complaint dd not plead valid claims for slander of title, tortious interference with contractual relations, or civil conspiracy. The circuit court sustained the demurrers on the basis that the information contained in a memorandum of lis pendens is subject to absolute privilege. The Supreme Court reversed, holding that the information contained in the lis pendens was not sufficiently "relevant and pertinent to the matter under inquiry" for absolute privilege to apply in this case. View "Givago Growth, LLC v. iTech AG, LLC" on Justia Law

In this interlocutory appeal, the Supreme Judicial Court affirmed the judgment of the superior court judge denying the Commonwealth's motion for summary judgment on Plaintiff's complaint alleging wrongful termination under Mass. Gen. Laws ch. 149, 185, the Massachusetts whistleblower act, holding that there was no error.In 2014, Governor Deval Patrick dismissed Plaintiff from her position as chair of the Sex Offender Registry Board (SORB), stating to the media that Plaintiff had improperly interfered in a sex offender classification proceeding and had attempted inappropriately to influence the hearing examiner. Plaintiff brought this complaint against Patrick for defamation and against the Commonwealth for wrongful termination. The claims against Patrick were dismissed, but the superior court denied the Commonwealth's motion for summary judgment on the remaining whistleblower claim. The Supreme Court affirmed, holding that genuine issues of material fact remained in dispute, precluding summary judgment in favor of the Commonwealth. View "Edwards v. Commonwealth" on Justia Law

Mitchell sued Twin Galaxies for defamation and false light after Twin Galaxies issued a statement asserting Mitchell’s world record scores in the Donkey Kong arcade game were not achieved on original unmodified hardware as required under its rules. Twin Galaxies removed all of Mitchell’s world record scores and banned him from participating in its leaderboards. The trial court denied Twin Galaxies’ special motion to strike under the strategic lawsuits against public participation statute (anti-SLAPP motion). (Code Civ. Procedure 425.16.) The court of appeal affirmed. Mitchell showed a probability of prevailing on his claims; the trial court properly denied the anti-SLAPP motion. Mitchell made a prima facie showing of falsity by providing his own declaration and others’ declarations attesting to the equipment used and made a prima facie showing of actual malice. Twin Galaxies failed to take any steps to inquire into the truth of Mitchell’s statements even after he was provided the names of witnesses and having confirmation of the procedures under which the disputed scores were achieved. View "Mitchell v. Twin Galaxies, LLC" on Justia Law