Justia Injury Law Opinion Summaries

David Burke died after falling down retractable steps attached to his motorhome. His estate, wife, and children filed product liability claims against Lippert Components, Inc., and LCI Industries, who had purchased the product brand after the Burkes bought the vehicle. The plaintiffs alleged negligence, design defects, manufacturing defects, and inadequate instructions and warnings. They later sought to add the previous owners of the product brand as defendants and amend the scheduling order, but the district court denied these motions and granted summary judgment in favor of Lippert and LCI.The United States District Court for the Northern District of Iowa denied the plaintiffs' motions to amend the complaint and the scheduling order, citing unreasonable delay. The court then granted summary judgment for Lippert and LCI, finding that they did not manufacture, distribute, or sell the steps in question, and thus were not liable under Iowa law. The plaintiffs appealed these decisions.The United States Court of Appeals for the Eighth Circuit affirmed the district court's rulings. The appellate court held that Lippert and LCI were not required to plead an affirmative defense regarding successor liability, as their defense negated an essential element of the plaintiffs' claims. The court also found that Lippert and LCI did not assume liability through the purchase agreement and that expert testimony was necessary to support the claim of inadequate post-sale warnings. Finally, the court agreed that the plaintiffs failed to show good cause for their delayed motions to amend the complaint and scheduling order. The judgment of the district court was affirmed. View "Burke v. Lippert Components, Inc." on Justia Law

Jose Vasquez was detained twice by the Metropolitan Police Department (MPD) because he shares the same name and birthdate as a wanted criminal. He sued the District of Columbia and an officer for constitutional violations under Section 1983, and the District alone for negligence, malicious prosecution, and false imprisonment. The District Court granted summary judgment on the Section 1983 and negligence claims. The jury found the District liable for false imprisonment but not for malicious prosecution, awarding Vasquez $100,000. However, the District Court later granted the District's motion for judgment as a matter of law, nullifying the jury's award, and alternatively granted a motion for remittitur.The United States District Court for the District of Columbia initially reviewed the case. It granted summary judgment in favor of the District and Officer Agosto on the Section 1983 claims, finding no constitutional violations. The court also dismissed the negligence claim. The jury trial on the common law claims resulted in a mixed verdict, with the jury awarding damages for false imprisonment but not for malicious prosecution. The District Court subsequently overturned the jury's verdict on false imprisonment and reduced the damages awarded.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. It affirmed the District Court's summary judgment on the Section 1983 claims, agreeing that there was no clearly established constitutional violation and that qualified immunity applied to Officer Agosto. However, the appellate court vacated the District Court's judgment as a matter of law and the alternative remittitur on the false imprisonment claim. The appellate court reinstated the jury's verdict and remanded for further proceedings, emphasizing that the jury could reasonably find that the differing social security numbers indicated Vasquez was not the wanted criminal, and that the jury's damages award was justified based on the emotional harm suffered. View "Vasquez v. District of Columbia" on Justia Law

Justin Nelson filed a lawsuit against his former mother-in-law, Traci Phillips, former sister-in-law, Ashley Phillips, and other friends and family of his deceased wife, Tiffani Nelson. Justin alleged that Traci, Ashley, and the other defendants conspired to defame him by suggesting he was responsible for Tiffani’s death. None of the defendants reside in Utah, and each moved to dismiss the complaint for lack of personal jurisdiction. They provided sworn statements denying the allegations, while Justin relied solely on his complaint’s allegations without submitting counter-evidence.The Fifth District Court in Washington County, Utah, denied the motions to dismiss. The court concluded that Justin had sufficiently alleged facts that, if proven, would demonstrate a conspiracy to defame him, thus establishing personal jurisdiction over the defendants. For Traci and Ashley, the court found that their personal contacts with Utah were sufficient to assert specific personal jurisdiction.The Utah Supreme Court reviewed the case. The court dismissed the petitions for interlocutory review filed by Traci and Ashley as improvidently granted, as the lower court had not ruled on the conspiracy theory of jurisdiction for them. The court reversed the lower court’s denial of the motions to dismiss for the other defendants, finding that Justin failed to meet his burden of providing evidence to support his allegations once the defendants had submitted sworn statements contradicting his claims. The court emphasized that without evidence to support the allegations, the district court could not assert jurisdiction based on a conspiracy theory. The case was remanded for further proceedings consistent with this opinion. View "Nelson v. Phillips" on Justia Law

Ninety-four former patients of Dr. David Broadbent, an obstetrician and gynecologist, sued him, alleging that he sexually assaulted them under the guise of providing medical treatment. The claims against Broadbent included sexual battery, sexual assault, and intentional infliction of emotional distress. The plaintiffs described various incidents where Broadbent allegedly performed inappropriate and non-medical acts during their medical appointments, causing them significant emotional and psychological harm.The defendants, including Broadbent and the healthcare facilities where he worked, moved to dismiss the case in the Fourth District Court in Provo, arguing that the plaintiffs' claims were essentially medical malpractice claims. They contended that the plaintiffs had failed to comply with the prelitigation requirements of the Utah Health Care Malpractice Act. The district court agreed with the defendants, concluding that the plaintiffs' injuries arose from health care provided by Broadbent and dismissed the case for lack of subject matter jurisdiction.The plaintiffs appealed to the Utah Supreme Court, arguing that their claims were not subject to the Malpractice Act because their injuries did not arise from health care but from sexual assaults that had no medical purpose. The Utah Supreme Court agreed with the plaintiffs, holding that the Malpractice Act did not apply to their claims. The court reasoned that the alleged acts of sexual assault were not within the scope of legitimate medical treatment and had no medical purpose, even though they occurred during medical appointments. Therefore, the plaintiffs' claims were not based on health care rendered by Broadbent, and the Malpractice Act's prelitigation requirements did not apply. The court reversed the district court's dismissal of the complaint. View "Does v. Broadbent" on Justia Law

Three customers, D.W., L.T., and J.G., filed a lawsuit against FPA Sandy Mall Associates (SMA) and Hong Guang Lin, an unlicensed massage therapist, after Lin allegedly sexually assaulted them during their massage appointments at a shopping center owned by SMA. The plaintiffs claimed premises liability and negligence, arguing that SMA, as the landlord, had a duty to ensure the safety of its invitees and to verify Lin's licensure status.The Third District Court in Salt Lake County denied SMA's motion to dismiss the claims, concluding that SMA owed a duty to the plaintiffs as invitees to keep the premises safe and to exercise reasonable care. The court also applied the five-factor analytical framework from B.R. ex rel. Jeffs v. West, 2012 UT 11, 275 P.3d 228 (Jeffs factors), to assess whether SMA had a duty to verify Lin's licensure status and found that the factors favored recognizing such a duty.The Utah Supreme Court reviewed the case on interlocutory appeal. The court clarified that the Jeffs framework is only applicable when a party seeks to establish a previously unrecognized duty. Since the plaintiffs invoked established duties under Utah law, the district court's application of the Jeffs factors was unnecessary. The Supreme Court struck the district court's analysis based on the Jeffs factors, including its observations on foreseeability, and remanded the case for further proceedings consistent with its instructions. The court did not address whether SMA owed a duty to verify Lin's licensure status, as this was not the duty recognized by the district court. View "D.W. v. FPA Sandy Mall Associates" on Justia Law

Anne G. McNair experienced a perforated esophagus and infection following cervical fusion surgery performed by Dr. Joshua D. Beck at North Lincoln County Hospital District, d/b/a Star Valley Health. Dr. Beck, employed by Orthopaedics of Jackson Hole, P.C., d/b/a Teton Orthopaedics, continued to treat her post-surgery. McNair filed a complaint against Dr. Beck, Teton, and Star Valley, alleging medical malpractice, negligence, and vicarious liability. The district court dismissed her complaint, citing the statute of limitations, and denied her motion to amend the complaint, deeming it futile.The District Court of Lincoln County granted the defendants' motions to dismiss, concluding that McNair's claims were filed beyond the two-year statute of limitations for medical malpractice actions. The court determined that the continuous treatment rule did not apply, as McNair's injury stemmed from a single act of negligence during the surgery on December 30, 2020. Consequently, the court found that the statute of limitations began on December 31, 2020, the date McNair was discharged from the hospital, making her April 2023 filings untimely. The court also denied McNair's motion to amend her complaint, asserting that any amendment would be futile.The Supreme Court of Wyoming reviewed the case and found that the district court erred in its application of the continuous treatment rule. The Supreme Court held that the continuous treatment rule applies when a medical provider has provided ongoing care for the same or related complaints. The court noted that McNair's complaint alleged continuous treatment by Dr. Beck and Teton into early 2021, which could extend the statute of limitations. The court also found that the district court abused its discretion in denying McNair's motion to amend her complaint, as the proposed amendments did not show on their face that the claims were untimely. The Supreme Court reversed the district court's decision and remanded the case for further proceedings. View "McNair v. Beck" on Justia Law

Christopher Hildebrant, a real-estate developer, facilitated a property sale in 2011 and expected consulting fees from both the seller and the buyer. During the transaction, Hildebrant alleged that Thomas Weidman, a trustee on the Sycamore Township Board, demanded a kickback. To avoid paying, Hildebrant created a fictitious email account and sent himself an email portraying Weidman as demanding payments. This email was forwarded to another party but remained private until 2020, when Hildebrant showed it to other township officials during a separate transaction. Weidman learned of the email in November 2020 during an investigation and received a copy in January 2021.The Warren County Court of Common Pleas granted Hildebrant’s motion for summary judgment, ruling that Weidman’s defamation claim was time-barred by the statute of limitations, which began when the email was first sent in 2011. The court also ruled that Weidman’s claims for intentional infliction of emotional distress (IIED) and false-light invasion of privacy were similarly time-barred as they were derivative of the defamation claim.The Twelfth District Court of Appeals reversed, holding that the discovery rule applied to defamation claims when the publication was secretive or inherently unknowable. The court ruled that Weidman’s claims were not time-barred because he could not have known about the defamatory email until it was disclosed to him in 2020.The Supreme Court of Ohio affirmed the appellate court’s decision, holding that the discovery rule applies to libel claims when the publication is secretive or inherently unknowable. The court also held that the discovery rule applies to derivative claims like IIED and false-light invasion of privacy when they are based on the same allegations as the libel claim. The case was remanded to the Warren County Court of Common Pleas for further proceedings. View "Weidman v. Hildebrandt" on Justia Law

Anthony Barron, a civilian contractor, drowned while driving through a low water crossing at Camp Bullis, a U.S. military facility near San Antonio, Texas. The crossing was not closed or guarded despite regulations requiring such measures during heavy rain. Barron’s parents sued the United States under the Federal Tort Claims Act, alleging general negligence, premises liability, and negligent undertaking.The United States District Court for the Western District of Texas dismissed the claims, citing sovereign immunity and the discretionary function exception. On appeal, the Fifth Circuit reversed, finding that the regulation mandating the gate be locked or guarded was non-discretionary. On remand, the district court granted summary judgment for the government, ruling that Texas law barred the general negligence and premises liability claims and that the negligent undertaking claim was inadequately pleaded.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. It affirmed the district court’s summary judgment on the general negligence and premises liability claims, agreeing that Texas law precludes recovery under these theories. However, the appellate court disagreed with the district court’s finding that the negligent undertaking claim was inadequately pleaded. The Fifth Circuit found that the plaintiffs had sufficiently alleged the elements of negligent undertaking.Given the uncertainty in Texas law regarding whether a negligent undertaking claim can proceed when a premises liability claim is barred by the natural accumulation doctrine, the Fifth Circuit certified this question to the Supreme Court of Texas. The appellate court retained jurisdiction pending the state court’s response. View "Barron v. United States" on Justia Law

On February 1, 2020, four Pineville Police Department officers responded to a 911 call about a Black man allegedly waving a gun. They found Timothy Caraway walking alone with a cellphone in his hand. The officers, with weapons drawn, commanded Caraway to raise his hands and drop what they thought was a gun. As Caraway reached into his jacket to discard the gun, Officers Adam Roberts and Jamon Griffin fired twelve shots, hitting Caraway four times. Caraway sued the officers and the City of Pineville under 42 U.S.C. § 1983 and North Carolina law, alleging excessive force and assault and battery, among other claims.The United States District Court for the Western District of North Carolina granted summary judgment to the officers, finding they were entitled to qualified immunity on the Fourth Amendment excessive force claim and public official immunity on the state-law assault and battery claim. The court concluded that the officers' use of deadly force was reasonable because Caraway's gun was pointed at them in the moments before the shooting.The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision. The appellate court held that the officers' use of deadly force was reasonable under the Fourth Amendment because Caraway's gun was pointed at the officers, posing an immediate threat. The court also upheld the grant of public official immunity on the state-law claims, finding that the officers acted without malice. The court declined to segment the shooting into different phases, noting the entire sequence lasted only a few seconds. View "Caraway v. City of Pineville" on Justia Law

Robert Nelson, a car salesman, sustained a back injury on March 29, 2018, while working for Dependable Auto Sales. He experienced significant back pain the following day, leading to a diagnosis of acute back pain with left radiculopathy. Nelson filed a worker’s compensation claim and underwent various treatments and evaluations. Medical opinions varied, with some attributing his back issues to preexisting conditions and obesity, while others recognized a work-related aggravation. Nelson also had a history of preexisting injuries, including knee surgeries and osteoarthritis.Nelson settled his worker’s compensation claim with his employer in September 2019 and subsequently filed a claim against the Idaho Industrial Special Indemnity Fund (ISIF) for total and permanent disability benefits. The Idaho Industrial Commission denied his claim, finding that Nelson failed to prove he was totally and permanently disabled or that he suffered a permanent impairment due to the work-related accident. The Commission’s decision was influenced by its determination that Nelson was not a credible witness, citing inconsistencies in his testimony and a prior conviction for insurance fraud.The Supreme Court of Idaho reviewed the case and affirmed the Commission’s decision. The Court found that substantial and competent evidence supported the Commission’s credibility determination, despite some errors in the Commission’s findings. The Court upheld the Commission’s conclusion that Nelson was not totally and permanently disabled, as the evidence indicated that there was still a labor market for him, even under the most restrictive limitations. The Court did not address the alternative finding regarding permanent impairment. View "Nelson v. State of Idaho, Industrial Special Indemnity Fund" on Justia Law