Justia Civil Procedure Opinion Summaries

Beverly Dale Jolly worked as an inspector at nuclear plants from 1980 to 1984, where he was exposed to asbestos-containing products manufactured by Fisher Controls International, LLC and Crosby Valve, LLC. In 2016, Dale was diagnosed with mesothelioma. He and his wife Brenda sued multiple defendants, settling with all except Fisher and Crosby for $2,270,000. The jury awarded Dale $200,000 and Brenda $100,000. The Jollys filed a motion for a new trial nisi additur, claiming the verdicts were inadequate. The trial court granted the motion, increasing Dale's award to $1,580,000 and Brenda's to $290,000, while allowing Fisher and Crosby the option to reject the additur for a new trial.The South Carolina Court of Appeals affirmed the trial court's decision. Fisher and Crosby appealed, questioning the trial court's grant of the new trial nisi additur and the partial denial of their motion for setoff. The Supreme Court of South Carolina reviewed the case, focusing on whether the trial court applied the correct standard and procedure for a new trial nisi additur and whether it properly allocated the pretrial settlement proceeds for setoff purposes.The Supreme Court of South Carolina affirmed the trial court's decisions. It held that the trial court acted within its discretion in granting the new trial nisi additur, finding the jury's verdicts inadequate but not grossly so. The court also upheld the trial court's allocation of the pretrial settlement proceeds, agreeing that the allocation was reasonable and that the setoff was correctly applied only to the same injury claims. The case was remanded for Fisher and Crosby to either accept the additur or opt for a new trial. View "Jolly v. Fisher Controls International, LLC and Crosby Valve, LLC" on Justia Law

Jeremy Harris filed a lawsuit against City Cycle Sales, Inc. (CCS) in Kansas state court, alleging negligence and a violation of the Kansas Consumer Protection Act (KCPA) due to CCS's failure to repair the Anti-Lock Brake System (ABS) on his motorcycle. Harris was seriously injured when the ABS malfunctioned. He abandoned the KCPA claim before the case went to the jury, which resulted in a final judgment against him on all claims. Harris appealed the adverse judgment on the negligence claim but did not challenge the KCPA claim. After the appellate court reversed the negligence judgment and remanded for a new trial, Harris and CCS stipulated to dismiss the case without prejudice. Harris then filed a new lawsuit in federal district court, again alleging negligence and KCPA violations, and won on both claims.The United States District Court for the District of Kansas denied CCS's motion to dismiss the KCPA claims, reasoning that the law-of-the-case doctrine and preclusion principles did not apply because there was no final judgment on the merits of the KCPA claims. The jury awarded Harris damages, finding CCS liable for both negligence and KCPA violations. CCS appealed, arguing that Harris was barred from raising the KCPA claim in federal court and that there was insufficient evidence to support the negligence claim.The United States Court of Appeals for the Tenth Circuit reversed the judgment on the KCPA claim, holding that Harris was barred from raising the statutory claim in federal court due to his abandonment of the claim in the state trial and appellate courts. The court ruled that the federal district court was required to give full faith and credit to the Kansas proceedings, which had a preclusive effect on the KCPA claim. However, the Tenth Circuit affirmed the judgment on the negligence claim, finding that there was sufficient evidence for the jury to conclude that CCS's negligence caused Harris's injuries. View "Harris v. City Cycle Sales" on Justia Law

Roberta Evans underwent a total hip replacement surgery performed by Dr. Mark B. Wright at St. Luke’s Magic Valley Regional Medical Center. Post-surgery, Evans experienced persistent pain and discomfort, which led her to seek a second opinion. Another doctor confirmed that her hip bone socket was abnormally anteverted, and subsequent revision surgery revealed a periprosthetic joint infection. Evans filed a lawsuit against Dr. Wright and St. Luke’s, alleging negligence in their follow-up care and treatment.The District Court of the Fifth Judicial District of Idaho dismissed Evans’s case, ruling that her claim was barred by the two-year statute of limitations under Idaho Code section 5-219(4). The court found that Evans’s surgical complications were objectively ascertainable by March 4, 2019, indicating that some damage was present. Her motion for reconsideration was denied.The Supreme Court of Idaho affirmed the district court’s decision. The court held that Evans’s medical malpractice claim was time-barred, as the statute of limitations began when her symptoms indicated some damage, which was before April 6, 2019. The court also found that the district court did not err in dismissing Evans’s complaint and that her equitable estoppel argument was without merit. The court denied attorney fees to both parties but awarded costs to Dr. Wright and St. Luke’s as the prevailing parties. View "Evans v. Wright" on Justia Law

David Francisco, a retired endodontist, sought treatment from Dr. Kevin Art of Affiliated Urologists, Ltd. in 2018. Dr. Art performed a urological procedure and prescribed the antibiotic Ciproflaxin (Cipro) without discussing its use with Francisco. The FDA's black box warning for Cipro indicated serious risks, especially for elderly patients with a history of corticosteroid use, which applied to Francisco. After taking Cipro, Francisco experienced severe adverse reactions, including tendon ruptures and peripheral neuropathy.The Superior Court in Maricopa County dismissed the Franciscos' case for failing to provide a preliminary expert opinion affidavit as required by A.R.S. § 12-2603. The Franciscos argued that the FDA warning itself should establish the standard of care, negating the need for expert testimony. The Court of Appeals reversed the dismissal, holding that the FDA warning could be sufficient to establish the standard of care without expert testimony.The Arizona Supreme Court reviewed the case and held that FDA warnings cannot substitute for expert testimony to establish the standard of care in medical malpractice cases. The Court emphasized that medical judgment is required to determine the appropriate standard of care, which must be established by expert testimony. The Court also rejected the Franciscos' argument that the statutory requirements for expert testimony violated the anti-abrogation clause of the Arizona Constitution, finding that the statutes permissibly regulate medical negligence actions.The Arizona Supreme Court vacated the Court of Appeals' decision and affirmed the Superior Court's dismissal of the case. View "FRANCISCO v AFFILIATED UROLOGISTS" on Justia Law

Kerry Angelos filed a defamation lawsuit against Greg and Susan Schatzel, alleging they created a website that published defamatory comments about him. During the lawsuit, Angelos faced financial difficulties, leading to his interests in the lawsuit being auctioned at a sheriff’s sale to satisfy a preexisting judgment. Greg Schatzel purchased Angelos’s interests and substituted himself as the plaintiff, subsequently dismissing the lawsuit with prejudice. Angelos appealed, arguing that his defamation claims were personal and could not be deemed “property” subject to execution under Idaho law.The District Court of the Fourth Judicial District of Idaho granted Schatzel’s motion to substitute as the plaintiff and denied a motion by another creditor, Pacific Global Investment, Inc. (PGI), to intervene. The court found no legal basis to support Angelos’s contention that the sheriff’s sale was invalid or that substituting Schatzel violated public policy. Consequently, the court dismissed the lawsuit with prejudice.The Supreme Court of Idaho reviewed the case and held that defamation claims are personal and not assignable under Idaho law, referencing the precedent set in MacLeod v. Stelle. The court concluded that Angelos’s defamation claims could not be subject to execution as “other property” under Idaho Code section 11-201. The court vacated the district court’s order granting Schatzel’s motion to substitute and the judgment dismissing the case with prejudice. The case was remanded to determine which of Angelos’s remaining claims, if any, were properly transferred to Schatzel through the sheriff’s sale. The court also denied Schatzel’s request for attorney fees, awarding costs to Angelos as the prevailing party. View "Angelos v. Schatzel" on Justia Law

Meghan Faxel was injured while riding an inflatable tube down the "Black Hole" water slide at the Wilderness Hotel in Wisconsin Dells. Her tube became stuck and flipped over, causing a shoulder injury. Meghan and her husband, Mike Faxel, sued Wilderness for negligence, common-law premises liability, and loss of consortium. Wilderness filed a cross-claim against ProSlide Technology, Inc., the slide's manufacturer, seeking contribution if found liable. The Faxels missed the deadline to disclose their liability expert and sought an extension, which was denied by the magistrate judge. Wilderness then moved for summary judgment, arguing that without expert testimony, the Faxels could not prove their claims. The magistrate judge agreed and entered judgment for Wilderness.The case was initially filed in the Northern District of Illinois, which transferred it to the Western District of Wisconsin due to lack of personal jurisdiction. The parties consented to proceed before a magistrate judge. The Faxels filed an amended complaint adding ProSlide as a defendant, but the claims against ProSlide were dismissed as time-barred. The Faxels also missed the deadline to disclose an expert witness and their motion to extend the deadline was denied. Wilderness moved for summary judgment, which the magistrate judge granted, concluding that expert testimony was necessary to establish the standard of care required of water-park operators.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the magistrate judge's decision. The court held that the hotel’s duty of care regarding the safety protocols, inspection, and maintenance of water slides required specialized knowledge and expertise. Without expert testimony, the Faxels could not prove their claims. The court concluded that the safety measures taken by Wilderness appeared reasonable on their face and that jurors could not determine the standard of care without expert testimony. Therefore, summary judgment for Wilderness was appropriate. View "Faxel v. Wilderness Hotel & Resort, Inc" on Justia Law

Plaintiffs, who worked at the Clark County Government Center (CCGC), alleged injuries from exposure to toxic chemicals. They claimed that toxic chemicals were released on Union Pacific property, which later became the CCGC site. After the CCGC opened in 1995, workers began experiencing illnesses and noticed black soot accumulating in workstations and air vents. Despite these concerns, Clark County assured workers that the property was safe. Plaintiffs argued that they could not have discovered the link between their illnesses and the toxic exposure until 2020, when experts established the connection.The Eighth Judicial District Court of Clark County dismissed the plaintiffs' first amended complaint, ruling that the discovery rule did not apply to the two-year statute of limitations under NRS 11.190(4)(e). The court concluded that the plaintiffs' claims were time-barred because the statute did not explicitly reference discovery-rule tolling.The Supreme Court of Nevada reviewed the case and reversed the lower court's decision. The court held that the discovery rule could apply to NRS 11.190(4)(e) despite the statute's lack of explicit language. The court emphasized that fairness and justice require that a claim should not accrue until the claimant is aware or should be aware of the claim through reasonable diligence. The court also noted that the plaintiffs had raised issues of fact regarding their awareness of the cause of action and the defendants' alleged concealment of information. Additionally, the court found that the district court erred by not considering equitable tolling. The case was remanded for further proceedings consistent with the opinion. View "ADKINS VS. UNION PACIFIC RAILROAD COMPANY" on Justia Law

The plaintiff, Robert V. Bolinske, Sr., filed a defamation claim against Dale V. Sandstrom and Gail Hagerty, alleging that defamatory statements were made and published online on October 18, 2016. Bolinske served a demand for retraction on January 14, 2017, but Sandstrom did not respond. Bolinske commenced the action on February 26, 2019, beyond the two-year statute of limitations for defamation claims.The District Court of Burleigh County initially dismissed Bolinske’s defamation claim, citing the statute of limitations. However, the North Dakota Supreme Court reversed this decision in part, noting that the statute of limitations defense was not specifically pled by answer, and remanded the case for further proceedings. On remand, Sandstrom answered the amended complaint, including the statute of limitations defense, and filed a motion for judgment on the pleadings, which the district court granted, finding the defamation claim time-barred. The court also awarded attorney’s fees to Sandstrom, deeming Bolinske’s claims frivolous.The North Dakota Supreme Court reviewed the case and affirmed the district court’s judgment. The court held that the defamation claim was indeed barred by the statute of limitations, as the action was commenced more than two years and 45 days after the publication of the alleged defamatory statements. The court also upheld the award of attorney’s fees, agreeing with the lower court’s assessment that Bolinske’s claims were frivolous and that the fees requested were reasonable. The Supreme Court found no abuse of discretion in the district court’s decisions. View "Bolinske v. Sandstrom" on Justia Law

Samuel Hickman was electrocuted while working on a construction site when a boom crane contacted overhead power lines. Hickman and his wife filed a personal injury lawsuit against Boomers, LLC, its owner Michael Landon, and employee Colter James Johnson, alleging negligence and recklessness. Boomers moved for summary judgment, claiming immunity under Idaho’s Worker’s Compensation Law. Hickman argued that the accident fell under the “willful or unprovoked physical aggression” exception to the exclusive remedy rule. The district court granted summary judgment for Boomers and denied Hickman’s motion for reconsideration.The district court applied the 2020 amended version of Idaho Code section 72-209(3), which clarified the “willful or unprovoked physical aggression” exception, and concluded that Boomers did not intend to harm Hickman or have actual knowledge that injury was substantially likely. Hickman appealed, arguing that the district court should have applied the pre-amendment version of the statute and the standard from Gomez v. Crookham Co., which interpreted the exception to include conscious disregard of knowledge that an injury would result.The Supreme Court of Idaho reversed the district court’s decision, holding that the pre-amendment version of section 72-209(3) and the Gomez standard should apply. The court found that the additional evidence submitted by Hickman in his motion for reconsideration created a genuine issue of material fact regarding whether Johnson consciously disregarded the known risk of injury from the power lines. The case was remanded for further proceedings consistent with this opinion. View "Hickman v. Boomers, LLC" on Justia Law

Greg Phillips died on October 11, 2019, after receiving medical care from Dr. Anna Robbins at Logan Health. On April 22, 2021, Phillips' estate filed a medical malpractice claim with the Montana Medical Legal Panel (MMLP), which issued a decision on December 9, 2021. Subsequently, on January 5, 2022, Phillips filed a complaint in the District Court alleging wrongful death, negligent infliction of emotional distress, loss of consortium, a survivor’s claim, and respondeat superior. However, the complaint was not served on Logan Health. On February 10, 2023, Phillips filed a First Amended Complaint (FAC) adding claims of common law negligence and negligent misrepresentation, which was served on Logan Health on February 20, 2023.The Montana Eleventh Judicial District Court dismissed the FAC with prejudice on April 28, 2023, because Phillips failed to serve the original complaint within the six-month period required by § 25-3-106, MCA, and the two-year statute of limitations for medical malpractice claims under § 27-2-205, MCA, had expired. Phillips' motion to alter, amend, or set aside the dismissal was denied on June 13, 2023, as the court found that the statute of limitations resumed running after the six-month service deadline passed and that the FAC did not relate back to the original complaint.The Supreme Court of the State of Montana affirmed the District Court's dismissal. The court held that the statute of limitations was not tolled during the six-month period for serving the complaint and that the FAC was filed outside the two-year limitations period. The court also determined that Logan Health's motion to dismiss did not constitute an appearance under § 25-3-106, MCA, and that the District Court did not abuse its discretion in denying Phillips' post-judgment motion. View "Phillips v. Robbins" on Justia Law