Justia Injury Law Opinion Summaries

The plaintiff, William Boggs, was injured on August 9, 2016, while transferring liquid asphalt from a tanker truck to a distribution truck in Framingham, Massachusetts. He was sprayed with liquid asphalt, resulting in burns and permanent injuries. Boggs was employed by All States Asphalt, Inc. (All States), which accepted his workers' compensation claim. Boggs filed a complaint against Johnston Asphalt, LLC, alleging negligence in maintaining the truck that caused his injuries.The Kent County Superior Court granted summary judgment in favor of Johnston Asphalt on February 27, 2024. The court found no genuine issues of material fact and concluded that Johnston Asphalt owed no duty to Boggs. The court noted that the truck was owned and maintained by All States, and the only person who worked on the truck was an All States employee, Michael Kelly. The court also rejected Boggs' argument to pierce the corporate veil, finding no evidence that Johnston Asphalt and All States were not separate entities.The Rhode Island Supreme Court reviewed the case and affirmed the Superior Court's judgment. The Supreme Court held that Boggs failed to present competent evidence to demonstrate a genuine issue of material fact regarding Johnston Asphalt's duty of care. The court found that the single piece of mail addressed to Kelly at Johnston Asphalt's address was insufficient to establish that Kelly was an employee of Johnston Asphalt. The court also upheld the lower court's decision not to pierce the corporate veil, as Boggs did not meet the burden of proof required to disregard the corporate entity. View "Boggs v. Johnston Asphalt, LLC" on Justia Law

Jacob Severson sought treatment from Dr. Shabnum Gupta at a Sanford facility in Fargo for the removal of four genital warts using cryotherapy. Following the procedure, Severson experienced blistering and scarring in the genital area and returned to Sanford multiple times for treatment. He later sought mental health support, claiming the procedure caused his issues. Severson also visited a dermatologist for additional warts and was referred to the urology department for a physical abnormality. In January 2024, Severson filed a medical malpractice lawsuit against Sanford and Dr. Gupta.The District Court of Cass County, East Central Judicial District, granted the defendants' motion for summary judgment and denied Severson's motion to amend his complaint. Severson argued that his claim fell under exceptions to the North Dakota Century Code (N.D.C.C.) § 28-01-46, which requires an expert affidavit in medical negligence cases. He claimed his case involved an "obvious occurrence" of negligence, which does not require expert testimony. The district court disagreed, finding that the intricacies of cryotherapy and its potential adverse effects were not within the knowledge of a layperson and that the wrong organ exception did not apply.The Supreme Court of North Dakota reviewed the case de novo and affirmed the district court's decision. The court held that Severson's claim did not meet the "obvious occurrence" exception and that he failed to provide the required expert affidavit within three months of commencing the lawsuit. Additionally, the court found no abuse of discretion in the district court's denial of Severson's motion to amend his complaint to allege medical battery, as the amendment would have been futile based on the existing record. The judgment in favor of the defendants was affirmed. View "Severson v. Gupta" on Justia Law

Restaurant patrons filed personal injury lawsuits after becoming ill from eating contaminated cilantro. The distributor, Martin Produce, Inc., who sold the cilantro to the restaurants, filed a third-party complaint for contribution against the wholesalers, Jack Tuchten Wholesale Produce, Inc., and La Galera Produce, Inc., from whom it purchased the cilantro. The issue was whether Martin satisfied its obligation to notify the wholesalers of its claim of breach of implied warranty of merchantability under the Uniform Commercial Code (UCC).The circuit court of Cook County granted summary judgment in favor of the wholesalers, finding that Martin failed to provide direct notice of its claim as required by the UCC. The appellate court reversed this decision, holding that the wholesalers had actual knowledge of the defect due to the personal injury lawsuits filed against them, which informed them of the alleged contamination.The Supreme Court of Illinois reviewed the case and affirmed the appellate court's judgment. The court held that the wholesalers had actual knowledge of the defect because they were named as defendants in the personal injury lawsuits, which provided them with sufficient notice of the alleged contamination. The court concluded that Martin was not required to provide direct notice under the UCC because the wholesalers were already aware of the specific transactions and the alleged defects. The case was remanded to the circuit court for further proceedings on Martin's breach of implied warranty of merchantability complaint against the wholesalers. View "Andrews v. Carbon on 26th, LLC" on Justia Law

Melvin G. Welch died in 2023 from mesothelioma caused by asbestos exposure. His widow, Donna B. Welch, sued Atlas Turner, Inc. and other defendants, alleging their products caused his death. Atlas Turner, a Canadian company, produced and sold asbestos insulation, which was shipped to South Carolina. Welch was likely exposed to these products while working in Greenwood, South Carolina. The case was brought in Richland County and assigned to Judge Jean H. Toal, who oversees the South Carolina asbestos docket.Atlas Turner moved to dismiss the claims for lack of personal jurisdiction, but the trial court denied the motion and ordered Atlas Turner to participate in discovery. Atlas Turner ignored deposition notices and refused to comply with discovery orders, claiming it had no knowledgeable witnesses and that the Québec Business Concerns Records Act (QBCRA) prohibited it from disclosing information. The trial court held Atlas Turner in contempt, struck its answer, and placed it in default. The court also appointed a Receiver over Atlas Turner's Insurance Assets.The South Carolina Supreme Court reviewed the case and affirmed the trial court's sanctions and the appointment of the Receiver over Atlas Turner's Insurance Assets. The court found that Atlas Turner's refusal to comply with discovery was willful and that the QBCRA did not excuse its non-compliance. The court also held that the trial court had the authority to appoint a Receiver before judgment due to Atlas Turner's conduct, which indicated an intent to evade responsibility. However, the Supreme Court reversed the portion of the Receivership order that granted the Receiver authority beyond investigating and collecting Atlas Turner's Insurance Assets. View "Welch v. Atlas Turner, Inc." on Justia Law

Plaintiff Jennifer Restivo was skateboarding on a residential street in Petaluma, California, when her skateboard wheel caught in a large crack, causing her to fall and sustain a serious arm injury. She alleged that the City of Petaluma was negligent in maintaining the street and that the city had sufficient notice of the dangerous condition to repair it before her accident. The city moved for summary judgment, arguing that it had neither actual nor constructive notice of the dangerous condition.The Sonoma County Superior Court granted summary judgment in favor of the city. The court found that there was no triable issue of material fact regarding the city's notice of the dangerous condition. The court noted that the city had maintained records of complaints about city streets for over ten years and had received no complaints about the street in question. Additionally, the city engineer testified that the city had conducted inspections of the street and found no significant issues that required repair.The California Court of Appeal, First Appellate District, reviewed the case and affirmed the trial court's decision. The appellate court held that the city had neither actual nor constructive notice of the dangerous condition. The court emphasized that the city's inspection and maintenance practices, including the bi-annual pavement condition reports and subsequent inspections, did not reveal the specific crack that caused the plaintiff's fall. The court also noted that the plaintiff's expert's opinion did not provide sufficient evidence to establish that the city had notice of the dangerous condition.The main holding of the appellate court was that the city did not have actual or constructive notice of the dangerous condition that caused the plaintiff's injury, and therefore, the city was not liable for the plaintiff's injuries. The judgment in favor of the city was affirmed. View "Restivo v. City of Petaluma" on Justia Law

Eugene Kritter, an experienced helicopter pilot, owned and operated Kritter Cropdusting. While crop dusting over a farm in North Carolina, his helicopter collided with a low-hanging steel wire, resulting in his death. Kritter Cropdusting and Kritter’s estate filed a negligence lawsuit against the farm owners and operators, as well as Nutrien, the pesticide company that hired Kritter Cropdusting for the job.The United States District Court for the Eastern District of North Carolina granted summary judgment in favor of the defendants. The court concluded that the farm owners and operators owed no duty of care to Kritter to remove or warn about the wire, as the risk was not reasonably foreseeable to them. The court also found that neither Nutrien nor its employee, Elmore, owed Kritter a duty of care. Additionally, the court rejected the argument that Kritter was contributorily negligent and found that the wire was not an open and obvious condition.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that summary judgment was inappropriate because material questions of fact remained regarding whether the defendants owed a duty of care to Kritter. The court noted that under North Carolina law, issues of negligence are generally for the jury to decide, especially when facts are disputed or multiple reasonable inferences can be drawn. The court also found that the district court erred in concluding that the risk posed by the wire was not foreseeable and that Kritter’s death was incident to his work. The Fourth Circuit vacated the district court’s summary judgment and remanded the case for further proceedings. View "Kritter v. Mooring" on Justia Law

In April 2021, David Browne visited Billy Jack’s Saloon and Grill in Dewey-Humboldt, Arizona. After leaving the bar, Browne, with a blood alcohol content nearly four times the legal limit, caused a multi-vehicle collision on State Route 69. Victor Sanchez-Ravuelta, Janette Dodge, and their two minor children, Elijah and Amelia, were injured in the crash. The plaintiffs alleged that the Arizona Department of Liquor Licenses and Control (the Department) was negligent in failing to prevent Billy Jack’s from overserving its patrons.The plaintiffs filed a lawsuit against the State of Arizona, the Town of Dewey-Humboldt, and Yavapai County. The Superior Court in Maricopa County dismissed the claims against all defendants. The court found that the plaintiffs’ notice of claim to the County and Town was insufficient and that the Department did not have a legal duty to protect the plaintiffs from the harm caused by Browne’s actions. The court dismissed the minor plaintiffs’ claims without prejudice and the adult plaintiffs’ claims with prejudice.The Arizona Court of Appeals held that the Department owed a statute-based duty of care to the plaintiffs. However, the Arizona Supreme Court reviewed the case and concluded that the Department did not owe a duty of care to the plaintiffs. The court found that the statutes cited by the plaintiffs did not impose a mandatory duty on the Department to prevent the overserving of patrons. The Supreme Court vacated parts of the Court of Appeals' opinion and affirmed the Superior Court’s dismissal of the adult plaintiffs’ claims against the State with prejudice. The case was remanded to the Court of Appeals to consider the Town’s cross-appeal. View "SANCHEZ-RAVUELTA v YAVAPAI" on Justia Law

A minor collision involving a United States Postal Service (USPS) vehicle and Michael Le resulted in severe consequences. Michael Le, who had advanced ankylosing spondylitis, was struck by a USPS vehicle while backing out of his driveway. The collision caused his car to accelerate and crash into a neighbor's house. Le was hospitalized, underwent spinal surgery, and became a quadriplegic. He later developed complications, including an esophageal tear and infections, leading to further medical issues and amputations. Le and his wife filed a lawsuit under the Federal Tort Claims Act (FTCA) against the United States and USPS, alleging negligence by the USPS driver.The United States District Court for the Northern District of Texas conducted a bench trial and found the government liable for the damages. The court awarded significant damages to Michael Le for past and future medical expenses, loss of earnings, and intangible damages, as well as to his wife for loss of consortium and services. The government filed a post-judgment motion for remittitur, arguing that the damages were excessive, but the district court denied the motion, finding the awards reasonable given the unique facts of the case.The United States Court of Appeals for the Fifth Circuit reviewed the case, focusing on the district court's findings of fact and conclusions of law. The appellate court affirmed the district court's judgment, finding no clear error in the determination of liability or the calculation of damages. The court upheld the awards for past and future physical pain, mental anguish, physical impairment, and disfigurement, noting that the district court's findings were supported by the evidence and within the bounds of reasonable recovery. The appellate court also rejected the government's argument that Michael Le's death during the appeal nullified the damages awards, affirming that the awards persisted as part of his estate. View "Le v. United States" on Justia Law

Pamela McKenzie was shopping at a Walgreens in Houston in 2019 when she was detained on suspicion of shoplifting. A Walgreens employee called the police, suspecting McKenzie was the same person who had stolen from the store earlier that day. After reviewing surveillance footage, the police determined McKenzie was not the thief and released her. McKenzie claimed that other Walgreens employees had agreed she was not the thief, but the employee called the police anyway. She sued Walgreens for intentional infliction of emotional distress, negligence, gross negligence, respondeat superior liability for employee negligence, and negligent hiring, training, and supervision (NHTS).The trial court denied Walgreens' motion to dismiss under the Texas Citizens Participation Act (TCPA), which allows for early dismissal of legal actions based on the exercise of free speech. A divided Court of Appeals for the Fourteenth District of Texas affirmed in part and reversed in part. The court held that the trial court erred by not dismissing McKenzie’s claims of intentional infliction of emotional distress, negligence, gross negligence, and vicarious liability for employee negligence. However, it held that the NHTS claim was not subject to dismissal under the TCPA because it was not entirely based on the employee’s exercise of free speech rights.The Supreme Court of Texas reviewed the case and held that the TCPA does apply to McKenzie’s NHTS claim. The court concluded that McKenzie failed to meet her evidentiary burden to avoid dismissal, as she did not provide clear and specific evidence for each essential element of her NHTS claim. Consequently, the court reversed the Court of Appeals' judgment in part and remanded the case to the trial court for further proceedings, specifically for the dismissal of McKenzie’s NHTS claim. The remainder of the Court of Appeals' judgment was left undisturbed. View "WALGREENS v. MCKENZIE" on Justia Law

A former high school tennis coach was accused of inappropriate touching and harassment by students. The school district investigated and found no inappropriate touching or bullying but recommended the coach avoid touching players. After the investigation, the coach posted on social media, which was perceived as targeting former players. At a public school board meeting, two students expressed dissatisfaction with the investigation. The school district posted an unaltered video of the meeting online, placed the coach on paid administrative leave, and did not renew her contract. The coach requested the video be altered or removed, but the district refused.The coach filed claims of defamation and wrongful termination in violation of public policy against the school district. The Iowa District Court for Johnson County granted summary judgment in favor of the school district, finding the republication of the statements was protected by the fair-report privilege and that the coach failed to demonstrate a well-established public policy. The Iowa Court of Appeals affirmed the district court's decision.The Iowa Supreme Court reviewed the case and affirmed the decisions of the lower courts. The court held that the fair-report privilege protected the school district's republication of the students' statements made at the public meeting, as the video was an accurate and complete report of an official proceeding. The court also found that the coach did not identify a clearly defined and well-recognized public policy that was violated by her termination. Thus, the defamation and wrongful termination claims were dismissed. View "Villarini v. Iowa City Community School District" on Justia Law