Justia Civil Procedure Opinion Summaries

Robert Cox, acting as the personal representative and special administrator of the estate of Greta Cox, sued Total Quality Logistics, Inc. and Total Quality Logistics, LLC (collectively, TQL) for negligence under Ohio law. Cox alleged that TQL, in its role as a freight broker, negligently hired an unsafe motor carrier, Golden Transit, Inc., which resulted in a motor vehicle crash that killed his wife, Greta Cox. The crash occurred when the driver of the motor carrier, Amarjit Singh Khaira, failed to slow down in a construction zone and collided with Greta Cox's vehicle.The United States District Court for the Southern District of Ohio dismissed the case, ruling that Cox’s claims were preempted by the Federal Aviation Administration Authorization Act (FAAAA), specifically 49 U.S.C. § 14501(c). The district court found that the FAAAA preempted the state law claims because they related to the services of a broker with respect to the transportation of property and did not fall within the Act’s safety exception.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that the district court erred in its interpretation of the FAAAA’s safety exception. The Sixth Circuit concluded that the safety exception, which preserves the safety regulatory authority of a state with respect to motor vehicles, includes common law claims like Cox’s negligent hiring claim. The court reasoned that such claims are genuinely responsive to safety concerns and directly involve motor vehicles and motor vehicle safety. Therefore, the court reversed the district court’s judgment and remanded the case for further proceedings consistent with its opinion. View "Cox v. Total Quality Logistics, Inc." on Justia Law

Jose Cruz-Muniz and Sandra Cruz were injured in a car accident in 2018 and received treatment from C-Spine Orthopedics, PLLC. They assigned their rights to seek personal protection insurance (PIP) benefits from Progressive Michigan Insurance Company to C-Spine. C-Spine then assigned its accounts receivable, including the claims for unpaid benefits, to several factoring companies. Progressive argued that C-Spine lacked standing to seek payment because it had assigned its rights to the factoring companies. C-Spine countered with signed counter-assignments from the factoring companies, purportedly restoring its right to bring suits. The trial court initially denied Progressive's motion but later granted it, concluding that C-Spine lacked standing when the complaints were filed.In a separate case, Parie Wallace was injured in a bus accident and received treatment from several providers, including C-Spine. Wallace assigned her rights to seek PIP benefits to these providers. She later filed a lawsuit against Suburban Mobility Authority for Regional Transportation (SMART) seeking payment of PIP benefits. SMART argued that Wallace could not bring the action because she had assigned her rights to the providers. The trial court allowed Wallace to obtain revocations of the assignments, which she did, and then denied SMART's motion for summary disposition. The Court of Appeals reversed, holding that Wallace was not the real party in interest when she filed her complaint and that her claims were barred by the one-year-back rule.The Michigan Supreme Court held that both C-Spine and Wallace had standing to file their lawsuits but were not the real parties in interest at the time they filed suit because they had assigned their claims. The Court ruled that defects in real party in interest status could be cured after filing a lawsuit. In C-Spine's case, the Court of Appeals' judgment was affirmed on alternate grounds, and the case was remanded to the trial court for further proceedings. In Wallace's case, the Court of Appeals' judgment was affirmed in part, reversed in part, and vacated in part, and the case was remanded for the trial court to consider whether equitable rescission was warranted and whether the real party in interest defect could be cured. View "C-Spine Orthopedics PLLC v. Progressive Michigan Insurance Company" on Justia Law

Prisca Fagnon petitioned for a disorderly conduct restraining order against Ndorleh Ngaima, alleging harassment on social media, stalking, threats with a knife, and physical violence resulting in a broken nose. A temporary restraining order was issued, and a hearing was held on February 18, 2025. Both parties testified, with Fagnon presenting evidence of a physical assault by Ngaima on July 24, 2023. Ngaima denied the allegations.The District Court of Stutsman County, Southeast Judicial District, found Fagnon's testimony credible and supported by photographic evidence of her injuries. The court determined that the act of physical violence constituted disorderly conduct and issued a restraining order for two years. Ngaima appealed, arguing that the court abused its discretion by issuing the order without reasonable grounds and that the findings were inadequate.The North Dakota Supreme Court reviewed the case, noting that the standard for issuing a disorderly conduct restraining order requires reasonable grounds to believe the respondent engaged in disorderly conduct. The court found that the district court did not abuse its discretion, as the evidence of physical violence was relevant and sufficient to support the restraining order. The court also addressed the time and distance factors, concluding that the severity of the conduct and the need for controlled contact between the parties justified the order.The Supreme Court affirmed the district court's decision, holding that the findings were adequate and supported by the evidence. The court emphasized that physical violence is generally intended to adversely affect the safety, security, and privacy of another person, and the district court's credibility determinations were upheld. View "Fagnon v. Ngaima" on Justia Law

Amanda Watts received two vaccines, Pneumovax 23 and Boostrix, at a CVS Pharmacy in 2017. She claimed that both vaccines were negligently administered in the same improper location on her arm, leading to a chronic pain condition. However, CVS is immune from suit for the administration of Boostrix under the National Childhood Vaccine Injury Act of 1986. Consequently, Watts's complaint focused solely on the alleged negligence in administering Pneumovax.The United States District Court for the District of Maryland granted summary judgment to CVS, finding that Watts presented no evidence from which a jury could determine that her injury was caused by the Pneumovax vaccine rather than the Boostrix vaccine. The court also struck an errata sheet submitted by Watts's expert, Dr. Akhil Chhatre, which attempted to amend his deposition testimony to suggest that both vaccines contributed to Watts's injury.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decision. The Fourth Circuit agreed that Watts failed to provide evidence to establish that her injury was caused by the Pneumovax shot, as required to overcome CVS's immunity for the Boostrix shot. The court noted that both of Watts's experts could not definitively attribute her injury to the Pneumovax vaccine alone. The court also upheld the district court's decision to strike Dr. Chhatre's errata sheet, which materially altered his original testimony.The Fourth Circuit concluded that without evidence to separate the effects of the two vaccines, a jury could only speculate on the cause of Watts's injury. Therefore, Watts could not satisfy the causation element of her negligence claim, and the summary judgment in favor of CVS was affirmed. View "Watts v. Maryland CVS Pharmacy, LLC" on Justia Law

Plaintiffs, employees and independent contractors of White Oak Radiator Service, Inc., were injured while performing work at Enable Midstream Partners, LP's natural gas processing plant. The work involved removing and replacing amine and glycol coolers. During the work, a glycol surge tank ruptured, causing injuries. Plaintiffs filed a lawsuit seeking damages for their injuries.The trial court found that the claims of Joey Miller and Davy Dowdy against Enable sounded in tort rather than workers' compensation. The court awarded damages to Mr. Dowdy for injuries to his cervical spine and hearing loss, but found that White Oak bore a greater percentage of fault than assigned by the trial court. The trial court assigned 90 percent fault to Enable and 10 percent to White Oak. Enable appealed, arguing that the plaintiffs' exclusive remedy was under the Louisiana workers' compensation laws and challenging the allocation of fault and damages.The Supreme Court of Louisiana reviewed the case and held that the manual labor exception under La. R.S. 23:1021 (7) does not apply to the employees and independent contractors of an independent contractor. Therefore, plaintiffs' claims against Enable sound in tort. The court found no manifest error in the trial court's award of damages to Mr. Dowdy for his cervical spine injuries and hearing loss. However, the court found that the trial court erred in the apportionment of fault and amended the judgment to assign 70 percent fault to Enable and 30 percent fault to White Oak. The trial court's judgment was affirmed as amended. View "McBride v. Old Republic Insurance Co." on Justia Law

Brenda Zaragoza fell in the parking lot of a Johnson County public library, resulting in serious injuries. She sued the Johnson County Board of Commissioners, alleging negligence for failing to mitigate the presence of a storm drain and warn of the change in elevation between the curb and the parking surface. The district court granted summary judgment for the County, citing recreational use immunity under the Kansas Tort Claims Act (KTCA), which bars negligence claims arising from the use of public property intended for recreational purposes unless gross and wanton negligence is involved. The court also denied Zaragoza's motion to amend her petition to add a claim of gross and wanton negligence.The Kansas Court of Appeals affirmed the district court's decision, holding that the library's recreational use immunity applied and that the district court did not abuse its discretion in denying Zaragoza's untimely motion to amend her petition. Zaragoza then petitioned for review, raising both issues. After the petition was granted, she filed a supplemental brief raising a new constitutional argument, which was not considered because it was not presented in her petition for review or before the lower courts.The Kansas Supreme Court upheld the lower courts' decisions. The court declined to consider Zaragoza's unpreserved constitutional challenge. It affirmed the district court's grant of summary judgment, agreeing that the library's parking lot fell under the recreational use immunity provision of the KTCA. The court also affirmed the district court's denial of Zaragoza's motion to amend her petition, finding no evidence of gross and wanton negligence by the County. The court concluded that the library is public property intended for recreational purposes and that the parking lot is integral to its function, thus qualifying for immunity under the KTCA. View "Zaragoza v. Board of Johnson County Comm'rs " on Justia Law

Faya Rose Toure sued the City of Selma, Chief of Police Spencer Collier, and police officer Devon McGuire following her arrest for fourth-degree theft of property and attempting to elude. Toure claimed McGuire and Collier committed assault and battery, false arrest, unlawful imprisonment, invasion of privacy, negligence, wantonness, abuse of legal process, unreasonable seizure, and defamation/libel. She also accused the City of negligent hiring, training, and supervision, and fostering a custom of police abuse. Toure sought $1,000,000 in compensatory damages and $3,000,000 in punitive damages.The defendants filed for summary judgment, citing peace-officer and State-agent immunity. They provided evidence including deposition testimonies, incident reports, and body camera footage showing McGuire witnessed Toure removing a campaign sign and subsequently attempting to elude him. Toure argued she removed the sign believing it was illegally placed and felt intimidated by McGuire, who was in an unmarked vehicle. The trial court granted summary judgment for the City but denied it for McGuire and Collier.The Supreme Court of Alabama reviewed the case. It found that McGuire and Collier were performing discretionary functions within their law enforcement duties, entitling them to immunity. The court determined that McGuire had at least arguable probable cause for Toure's arrest, and Toure failed to provide substantial evidence that McGuire or Collier acted willfully, maliciously, or beyond their authority. Consequently, the court held that McGuire and Collier were entitled to peace-officer and State-agent immunity and directed the trial court to enter summary judgment in their favor. The petition for a writ of mandamus was granted, and the writ was issued. View "Ex parte McGuire" on Justia Law

A minor child, through his mother, filed a medical malpractice lawsuit against an obstetrician, the clinic where the obstetrician was employed, and the hospital where he was born. The child suffered an obstetric brachial plexus injury during birth. The district court excluded the package insert for Pitocin used during the birth, ruling it was hearsay and lacked foundation. The child also argued that the court erred in not giving his requested jury instructions and giving other erroneous instructions, which he did not object to at trial.The District Court for Douglas County ruled in favor of the defendants. The jury found that the child had not met his burden of proof and rendered a general verdict for the defendants. The child appealed, arguing that the jury instructions were erroneous and prejudicial.The Nebraska Supreme Court reviewed the case and found that the district court committed plain error by instructing the jury that it could not determine the standard of care from the testimony of expert witnesses. This erroneous instruction was on a vital issue and misled the jury, prejudicially affecting a substantial right of the child. The court held that the error was of such a nature that to leave it uncorrected would cause a miscarriage of justice or result in damage to the integrity, reputation, and fairness of the judicial process.The Nebraska Supreme Court reversed the judgment and remanded the case for a new trial, without addressing the remaining assignments of error, as they were unnecessary to adjudicate the case and might be tried differently on remand. View "J.R.M.B. v. Alegent Creighton Health" on Justia Law

Franklyn Neter-Nu, a truck driver, visited Methodist Hospital in Gary, Indiana, complaining of nausea and vomiting. He was treated with IV fluids and medications, but the IV was twice found detached from his arm by Nurse Morgan Mittler, who then placed it in his right foot without proper training or a doctor's order. Neter-Nu later experienced pain in his foot, and despite an x-ray showing no issues, he was discharged. After traveling to Iowa, he sought emergency care for blackened toes and was eventually referred for a below-the-knee amputation.Neter-Nu filed a complaint against Dr. Zainab Abbas, Nurse Mittler, and Methodist Hospital, alleging negligence. A jury found in favor of Neter-Nu, awarding him $11,000,000, which was reduced to the statutory cap of $1,250,000. The trial court also awarded $79,993.40 in prejudgment interest. The Indiana Court of Appeals reversed the jury verdict, citing errors in denying Methodist’s Rule 50(A) motion, jury instructions, and evidentiary rulings, and remanded for a new trial.The Indiana Supreme Court reviewed the case and held that the trial court erred in denying Methodist’s Rule 50(A) motion and in its jury instructions, but these errors did not necessitate reversing the jury verdict due to joint-and-several liability. The court found that the trial court did not abuse its discretion in refusing the Providers’ proposed jury instructions on superseding cause and hindsight, nor in excluding certain medical records and emails. The Supreme Court affirmed the jury verdict but reversed and remanded for the trial court to grant Methodist’s Rule 50(A) motion and recalculate prejudgment interest based on the Providers’ statutory liability. View "Abbas v. Bilal Neter-Nu" on Justia Law

Following Hurricane Ida in 2021, Terrebonne Parish requested assistance from Lafayette Utilities Systems (LUS) to help restore power in Houma, Louisiana. LUS, in turn, requested help from the City of Wilson, North Carolina. Agreements were signed to facilitate emergency assistance, and the City of Wilson dispatched employees to Louisiana. Due to a shortage of hotels in Houma, the employees stayed in Lafayette and commuted daily. Kevin Worrell, a City of Wilson employee, was involved in a vehicle collision while driving from Houma to Lafayette, resulting in injuries to Edward and Linda Breaux and Jessie and Vickie Blanchard.The plaintiffs filed separate negligence lawsuits in Louisiana state court, which were removed to the federal district court in the Western District of Louisiana. The cases were consolidated, and the defendants moved for summary judgment, asserting immunity under the Louisiana Homeland Security and Emergency Assistance and Disaster Act. The district court granted summary judgment, finding statutory immunity, and dismissed the plaintiffs' claims with prejudice. The plaintiffs appealed, challenging the district court's interpretation of the Act's immunity provision.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court noted the need to interpret the Louisiana emergency preparedness law and expressed doubt about its ability to make a reliable Erie guess. Consequently, the court certified two questions to the Louisiana Supreme Court: (1) whether an employee of a city from another state working under an emergency assistance agreement is a "representative" of Louisiana or its political subdivisions, and (2) whether an individual providing emergency assistance is "engaging in emergency preparedness and recovery activities" while commuting from the recovery site to lodging. The Fifth Circuit will resolve the case based on the Louisiana Supreme Court's guidance. View "Breaux v. Worrell" on Justia Law